SK Designer Living Terms & Conditions
These Terms and Conditions apply to anyone using this website, including but not limited to you, the Website user and your usage of the SK Designer Living and associated software, networks and processes, including the purchase of goods or services through the Website. By using the website, which includes browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2. SITE USE
2 (A) This Website may contain links to other web sites, those links are provided for convenience only and SK Designer Living will not be held responsible for the content or privacy practices associated with linked websites or whether they remain current or be maintained.
2 (B) It is your responsibility to ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
2 (C) It is your responsibility to take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. SK Designer Living takes no responsibility for any such damage which may arise in connection with your use of the Website.
3. PRODUCT SPECIFICATION
3 (A) The features and specifications of Products described or depicted on the Website are subject to change without any notice.
3 (B) The weights and dimensions mentioned are all approximate only.
3 (C) Unless stated otherwise, SK Designer Living furniture requires assembly. All our products include simple step by step instructions on how to assemble them. Please contact our customer service line on 03 9580 5068 if you require information regarding specific item assembly. We do offer assembly service for the Melbourne metropolitan area for an extra charge.
4 (A) The prices listed on the Website are all in Australian Dollars.
4 (B) The prices listed on the Website all include all applicable taxes unless it is otherwise specified.
4 (C) The prices displayed on the SK Designer Living website are all subject to change without notice. Upon confirmation of your order the prices for items in that Order are fixed. There will be no retrospective application of subsequent price changes either up or down to confirm Orders.
4 (D) Entering of a Discount Code at the checkout; has the effect of applying a discount only on the goods purchased.
4 (E) Once you confirm an Order you agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4 (F) If our shipping calculator is unable to work out your shipping, please contact our customer service team on 03 9580 5068 to obtain the appropriate a price for delivery.
4 (G) SK Designer Living reserves the right to refuse a sale.
5 (A) Orders are placed by filling in the Order Form on the SK Designer Living Website and clicking the ‘confirm’ button. Once you have placed your Order, we will issue you with an Order Number, which will be done by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
5 (B) Orders are considered to have been received by SK Designer Living at the time SK Designer Living sends an Order confirmation to your nominated e-mail address.
5 (C) SK Designer Living is an online business and communication with customers will occur primarily via e-mail and/or via mobile number. It is the responsibility of the customer to ensure the correct contact details are entered and that the nominated e-mail address is checked regularly for correspondence.
5 (D) SK Designer Living is committed to providing exceptional customer service and quality products. We will endeavor to ensure all products listed on our website are currently in stock and that the pricing of these products is true and correct. In the event that an ordered item is unavailable or we are unable to fulfill your order you will be notified within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
5 (E) Each Order (once confirmed) represents a separate agreement.
5 (F) SK Designer Living reserves the right not to accept or to cancel Orders that request commercial quantities of Goods.
5 (G) SK Designer Living, at its sole discretion, may cancel your Order prior to dispatching the Goods at any time, including Products that are sold on Pre-sale.
5 (H) In the event an Order is cancelled, the funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with an e-mail acknowledging the cancellation and the refund.
5 (I) SK Designer Living reserves the right to alter the specification in respect of the Goods at any time without giving notice to the Customer, in the interest of continual improvement. This alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
5 (J) SK Designer Living accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
6 (A) SK Designer Living currently accept PayPal, Visa/Mastercard, Direct Deposit via EFT and cash or card on PICK UP.
6 (B) Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as Pre-sale.
6 (C) If your nominated payment method triggers the internal suspect transaction protocols of SK Designer Living, we may contact you to confirm additional details, or rescind the transaction.
7. DELIVERY, PICK UP AND OWNERSHIP OF THE GOODS
7 (A) SK Designer Living will always aim to ensure that all goods are delivered in a prompt and timely manner. However, it is possible that from time to time other factors such as shipping outside our control may result in delays. If any such delays should cause loss or damage of any kind SK Designer Living does not accept any liability.
7 (B) Delivery times may vary depending on location; for Melbourne customers a delivery date will be arranged with the customer, for Interstate Metro areas delivery will vary between 1-5 working days, for remote and rural areas delivery will vary between 5-14 working days.
7 (C) Once your order is dispatched, you will be contacted either by email and/or SMS with the relevant tracking information. If scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified via e-mail at the nominated e-mail.
7 (D) SK Designer Living will not dispatch Goods to PO Box addresses.
7 (E) Upon signing for delivery the title and risk in of the Goods will pass to the customer.
7 (F) Please ensure there is someone to assist driver to unload item/s upon delivery during business hours as delivery is a 1 man service; driver will require help only if item/s are bulky and heavy.
7 (G) If a customer gives written authority for an item to be delivered without a signature or to be left unattended, SK Designer Living will not accept any responsibility for your order once delivered.
7 (H) The delivery hours of SK Designer Living’s nominated courier are during business hours (9am to 5pm, Monday to Friday)
7 (I) SK Designer Living does not take responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with the nominated Courier Company in relation to a date and time of the delivery and to ensure they make themselves available to take delivery during business hours. If SK Designer Living provides any information to a customer in relation to delivery this will be from a third party, and as such SK Designer Living is unable to guarantee the accuracy of such information.
7 (J) All shipping costs are excluding of transit insurance.
7 (K) All orders can be collected at no charge from 94 Malcolm Road, Braeside, 3195; pick up hours are Monday – Friday between 9am and 5pm or Saturday 9am to 1pm.
8. FAULTY OR DAMAGED GOODS
8 (A) SK Designer Living will repair or replace damaged or faulty Goods, however, the item will need to be sent back to us at the customers expense first, in accordance with these Terms and Conditions and the applicable.
8 (B) Where a Good is either delivered faulty or becomes faulty within the first 7 days after delivery, and the customer notifies SK Designer Living of that fault within the first 7 days after delivery, then SK Designer Living will either:
* At their discretion Replace or Repair the faulty Good; or
* If SK Designer Living is unable to provide a new replacement, either full or partial refund will be offered dependent on the amount of damage to the product.
* Where a new replacement is available, but the customer elects to receive a refund instead, the amount of the refund will be the purchase price excluding the initial Delivery Cost.
* The 7 Day period will commence on the date the customer accepts delivery of their SK Designer Living product. Where there is no proof of delivery, the third business days from the date of dispatch of the product will be presumed to be the date of delivery.
If no fault is reported within this 7 days period, faults will be dealt with in accordance with the terms and conditions.
8 (C) Where Goods are damaged upon delivery, SK Designer Living requires photographic evidence of the damage to be e-mailed to firstname.lastname@example.org prior to authorizing return of the Goods.
8 (D) SK Designer Living reserves the right to determine at its own sole discretion whether the Goods are faulty or damaged in accordance with this clause 9.
8 (E) If a product is returned due to being faulty but is found by SK Designer Living to be in good working order we may seek reimbursement of any costs incurred by us.
9. REFUNDS AND RETURNS
9 (A) Yes, we provide an unconditional return policy on furniture purchased from our website sight unseen excluding lighting and custom orders. If for any reason whatsoever you are not satisfied, please return in original, unmarked condition and packaging within 7 days for a full refund less freight. Once we receive the returned products, we will issue your refund within 72 hours. Please note that if your goods are assembled and packaging removed, we cannot accept a change of mind return.
9 (B) Other than in accordance with SK Designer Living 7 Day Money Back Guarantee, SK Designer Living will not provide any refunds for lighting.
9 (C) No refunds are available for services where goods are not offered.
9 (D) SK Designer Living will only accept the return of Goods that have been supplied incorrectly, other than what is already mentioned in clause 9 above.
9 (E) In order to facilitate a return under these Terms and Conditions, e-mail email@example.com.
9 (F) The customer must comply with all directions provided by SK Designer Living staff to facilitate a return.
9 (G) Returned Goods will only be accepted if they are returned in their original packaging with all accessories, and are in a re-saleable condition.
9 (H) It is the customer’s responsibility to ensure that returned items are returned safely. SK Designer Living takes no responsibility for items lost or damaged further in transit.
10 (A) Products sold on the Website are covered (unless otherwise mentioned) by a 12 month SK Designer Living Standard Warranty.
10 (B) To the extent permitted by law, the warranties referred to in clause 10 (A) above are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (this includes any implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
10 (C) SK Designer Living will carry spare parts for each product for the length of the Standard Warranty period. If a product requires spare parts outside of this period SK Designer Living does not guarantee the availability of these spare. Where a Product is outside of warranty, SK Designer Living reserves the right to either refuse to supply spare parts where limited stock is available.
10 (D) If certain legislation implies warranties or conditions or imposes obligations upon SK Designer Living then these cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read in conjunction with those statutory provisions. If those statutory provisions apply, to the extent to which SK Designer Living is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
10 (E) Under the Australian Consumer Law our goods come with guarantees that cannot be excluded. You are entitled to compensation for any reasonably foreseeable loss or damage and to a replacement or refund for a major failure. You are further entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10 (F) This warranty covers the replacement or repair of any product that has a manufacturing or material defect which is not the result of normal wear and tear, or a natural characteristic of the material used. This warranty is not transferable. Warranty does not apply to goods that are taken outside of Australia or to goods that have been changed in any way.
11. INTELLECTUAL PROPERTY
11 (A) All Intellectual Property in any Material and/or idea on the Website is the property of SK Designer Living. Unless expressly authorized under this Agreement or otherwise, you are not permitted to reproduce adapt, modify, display, perform or distribute any Material or any part of the Material.
12 (A) You waive, release, discharge and relinquish any and all claims that you have now or may have against SK Designer Living which are connected with, arise out of, relate to or are incidental to the use of the Website.
12 (B) You agree to indemnify and to keep indemnifying SK Designer Living and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by SK Designer Living arising out of or in connection with the use of the Website and the use of any SK Designer Living Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
13 (A) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and SK Designer Living’s liability (in negligence or otherwise) is limited (at the discretion of SK Designer Living) to the resupply of Goods, or the cost of having the Goods resupplied. You agree that SK Designer Living shall not be held liable for any indirect or consequential loss.
13 (B) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of SK Designer Living (in negligence or otherwise) is limited (at the discretion of SK Designer Living) to these Terms and Conditions and those listed in related SK Designer Living warranties.
14 (A) We gather personal information about our customers for the purposes of:
* Marketing, supplying or delivering our products to you;
* Carrying out repair work (both in and out of warranty repairs);
* Improving and developing our products; and
* Expanding our business.
14 (B) SK Designer Living is committed to protecting your privacy and personal information. Due to our legal and ethical commitment to comply with the relevant law and more importantly, because we know you care how your information may be used and shared.
SK Designer Living is committed to not selling, renting, sharing, or otherwise disclosing personally identifiable information in violation of the commitments set forth in this clause 15.
14 (C) During the process of dealing with our customers, we may collect and hold the following types of information:
* Information about persons who are customers or target customers as supplied to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
* Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
14 (D) The above mentioned information may be held in electronic records in data storage systems as well as hard copy which permits the lawful access only by those company officers, employees and contractors who need access to this information to perform their functions.
14 (E) We may, from time-to-time, employ other individuals and companies to perform functions on our behalf. In circumstances such as retaining a third party repairer to provide a warranty repair. In these circumstances we may disclose necessary personal information to such individuals and companies to enable them to deliver services on our behalf.
14 (F) In accordance with the National Privacy Principles in the Privacy Act 1988 you are entitled to request access to your personal information. If so, please contact us by e-mail at firstname.lastname@example.org. This service incurs a $30.00 administration fee.
14 (G) All purchasing information is passed through a secure server using the latest 256 bit SSL (secure sockets layer) encryption technology. The 256 bit SSL encryption is the industry standard and it is approximated to take at least one trillion years to break. If you have any questions regarding our security policy please contact our customer support center at email@example.com
15 (A) SK Designer Living reserve the right to make any changes to the SK Designer Living Website and its Order Terms and Conditions without any prior notice.
15 (B) Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15 (C) A failure or delay by on behalf of SK Designer Living to exercise any of its a powers or rights under this Agreement shall not operate as a waiver of powers or rights, and the exercise of a its powers or rights by SK Designer Living does not preclude its future ability to exercise that or any other powers or rights.