(a) These terms apply to the ordering, purchase and delivery of products (Products) from our website, via email or otherwise, and form a contract between you and White Room Design Co Pty Ltd ACN 645 382 485 trading as Vadolibero Australia (Vadolibero, we or our).
(b) Please read these terms carefully before you accept an order. By submitting an order for Products, making an enquiry for the purchase of Products, or otherwise accessing our website, you agree and accept following terms and conditions (Terms). Vadolibero reserves the right to change these terms at its discretion without notice. Amendments will be effective immediately upon notification on our website, or otherwise in writing to you.
(c) If you are agreeing to these Terms on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from purchasing the Products or using our website.
(a) By placing an order with us, you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time. We will send an order confirmation to your nominated email address. It is your responsibility to ensure that the correct email address and contact details are entered with your order.
(b) If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
(c) You acknowledge that all products purchased under these terms are intended for personal non-commercial use only and will not be re-sold.
3. Errors or omissions
(a) We may occasionally as a result of a genuine publishing error, publish information in an order or on the website, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and delivery costs. We reserve the right to correct any material errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in an order or the website is inaccurate at any time without prior notice (including after you have submitted your order).
(b) If, due to an error, inaccuracy or omission in the price, or applicable delivery fees we cancel your order under clause 3(a) or you no longer wish to purchase the Product at the correct price, Vadolibero agrees to refund to you any amount paid with respect to that order, upon return of any Product we may have already supplied.
(a) The costs of delivery will be as displayed to you on an order or otherwise on our website.
(b) We shall use our reasonable endeavours to deliver the Products to your nominated delivery address by the delivery date specified in the order, or as otherwise notified to you in writing.
(c) You acknowledge and agree that the timeframes in the order are estimates only, and shipping times will vary depending on your location.
(d) If our supply of the Products is delayed by an event outside our control then we will contact you to let you know and we will take steps to minimise the effect of the delay. We will notify you if we become aware of any delay with the delivery of the Products, and shall provide you with a new estimated date and time of delivery. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
(e) If no one is at the delivery address or there is limited access to the delivery address, the delivery agent may leave a collection card with instructions on where to collect the Product. If no one is available to sign for the delivery and the delivery is left at a safe place (as reasonably determined by the delivery person) at the delivery address, we shall not be liable for any loss or damage of the Products following delivery.
5. Prices and payment
(a) When you place an order, we will charge you and you agree to pay the price for the Product and any applicable delivery fee. The price of the Product (which includes GST and any other applicable taxes) will be processed in Australian dollars as set out in the order.
(b) You must pay for the products ordered before we dispatch them. We will not charge you for the price until we dispatch the Products to you.
(c) Payments can be made either via credit card (which may incur a surcharge), or via such other payment platform adopted by Vadolibero from time to time.
(d) If you make a payment via credit card, you agree that your payment will be processed via a certified third party provider. We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card.
6. Passing of risk and title
Risk in the Products will pass to you on dispatch of the Products from our warehouse. Title to the Products will not pass to you until we have received payment in full for the Products.
7. Product specifications
Vadolibero endeavours to ensure that the descriptions and specifications in relation to the Products on its website or otherwise provided to you are accurate. However, you acknowledge that photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, or otherwise are based on information provided by manufacturers and suppliers and, as such Vadolibero does not guarantee that those descriptions and specification are accurate or free from errors or omissions. Vadolibero reserves the right to make any necessary corrections to the descriptions or specifications of Products without notice.
8. Use of Products
(a) You agree to use, store, install and maintain the Products in accordance with all manuals and instructions provided with the Products, or otherwise provided by us in writing.
(b) You acknowledge that our Products include natural materials such as timber and leather that have unique tones and individual markings, which will respond to their environment over time and that softening and stretching of leather is expected with use.
(a) During the 12 month period from the date of purchase, Vadolibero warrants that the Products will be free from manufacturing faults or defects in the design, material and workmanship (Warranty).
(b) The Warranty excludes wear and tear damage such as scratches, stains, fading, stretching, surface deterioration and discolouration caused by wear and tear.
(c) Our Products include items such as mats and straps that may need to be replaced during the life of the product, and therefore not covered under our Warranty. ‘Wear and tear’ spare parts are available for purchase by emailing us at the contact details below.
(d) The Warranty will be void where:
(i) the Product has been modified from its original condition;
(ii) the Product has installed contrary to our installation instructions;
(iii) you remove any components of the Product so that it is no longer in original condition;
(iv) the Product has been used in commercial applications;
(v) the Product has been damaged due to exposure to direct or reflected sunlight or has been in contact with liquids or heat;
(vi) you use the Product outdoors or in any environment where it is exposed to the weather which is contrary to the instructions of use;
(vii) damage has been caused by misuse of the Product contrary to the instructions of use;
(viii) the Product has been maintained contrary to the maintenance instructions;
(ix) you store a bicycle, or similar product, on the Product which is in excess of any advised size or weight limits; or
(x) the Product has been damaged as a result of an accident, incorrect installation, abuse or malicious act.
(e) All Products subject to warranty claims must be returned to us in their original condition. All postage and insurance costs associated with the return of the Product are to be incurred by you.
(f) Your rights set out in this clause are in addition to any rights you may have under the Australian Consumer Law.
(g) For any queries on our warranty policy, please contact us at the details below.
10. Refunds and returns
(a) If, for any reason, you are not completely satisfied with your Product purchase please contact us via the contact details set out below.
(b) To the extent permitted by law, Vadolibero will only replace returned Products if:
(i) the Products are defective and covered by the Warranty; or
(ii) Vadolibero agrees in writing, at its discretion, to accept the return of the Products.
(c) You acknowledge that, other than as set out above, to the extent permitted by law, you are not entitled to a refund if you change your mind after placing an order for a Product and are liable to pay the full Price for that Product.
11. Consumer Guarantee
If the Australian Consumer Law applies to the supply of goods or services, Vadolibero acknowledges and agrees that its goods and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law will apply:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods.
12. Intellectual Property
The intellectual property rights in the website and any Products that Vadolibero supplies on the website are, and shall remain, the property of Vadolibero or its third party licensors. You must do all things that Vadolibero reasonably requires to perfect our right, title and interest in and to our intellectual property rights. When using our website or Products, you must use reasonable endeavours to prevent any infringement of our intellectual property rights and promptly report to us any such infringement that comes to your attention.
(a) Vadolibero, its agents, officers and employees:
(i) make no representations, express or implied, as to the accuracy of the information and data contained on the website and all information is made available on an “as is” basis;
(ii) make no representations as to the availability of the Website;
(iii) make no representations as to the availability of products sourced overseas; and
(iv) make no representations, either express or implied, as to the suitability of the Products for any particular purpose.
(b) You acknowledge and agree that we may locate Products from overseas suppliers that may not be subject to the same or similar consumer protection laws as those in Australia.
(c) As far as the law permits and unless otherwise specified in these Terms:
(i) our liability for any injury, loss damage, cost or expense relating to or arising from these Terms, is excluded;
(ii) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms;
(iii) we disclaim any responsibility or liability relating to any goods which utilised, stored, handled or used incorrectly or inappropriately;
(iv) we shall not be liable for any losses suffered by you as a result of any delays in our supply, delivering or servicing of the Products due to an event outside of our reasonable control, and any such delay does not constitute a breach by us of these Terms; and
(v) we shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of the Products.
(d) If we are found liable in connection with these Terms (whether in contract, tort, right of indemnity, or statute), then irrespective of anything else in these Terms, our cumulative liability in the aggregate (to the fullest extent permitted by law) will in no event exceed the sum of the amounts paid by you to us for the Products.
You indemnify Vadolibero, our directors, employees and agents in respect of any liability, loss, claim, and expense incurred by Vadolibero arising out of or in connection with:
(a) the use of the Products by you or your personnel; and
(b) any breach by you of your obligations under these Terms.
Any personal information that we collect from you in connection with your purchase of the Products, or otherwise in connection with these Terms, shall be collected, stored and processed in accordance with the Privacy Act 1988 (Cth) and any other applicable legislation.
16. Governing law and jurisdiction
If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. If you purchase the Products, or access our website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at email@example.com. We will confirm receipt of this by contacting you in writing, normally by email. If we are required to give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.