​General

1. These Terms and Conditions constitute a legally binding contract between the Buyer ("you") and The Gezellig Room Pty Ltd and apply to the ordering, purchasing, fulfilment and delivery or installation of goods by you from The Gezellig Room Pty Ltd, whether or not from the top level domain name www.gezellig.design ("Website"). In these Terms and Conditions, “we” “us” and “our” refers to The Gezellig Room Pty Ltd. “You” and “your” refers to the end user who purchases our goods and services for domestic or commercial consumption.  Where you are utilising a third party (for example a designer or a builder) to access the supply of our goods and services, they are deemed as your agent for the purpose of these Terms and Conditions.  For the avoidance of doubt, we are the Seller and you are the Buyer under these Terms and Conditions.

2. Your and your agent’s access to and use of all information on our Website including purchase of our products is provided subject to these Terms and Conditions. The information is intended for residents of Australia only.

3. We reserve the right to amend these Terms and Conditions at any time and your and your agent’s purchase of our product and/or use of our Website following any amendments will represent your agreement to be bound by these Terms and Conditions as amended. We therefore recommend that each time you or your agent accesses our Website you and your agent read these Terms and Conditions.

4. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.

5. Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.

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Product Quotes

   6. Any quote provided by us is valid for 30 (thirty) days and only valid if in writing.

   7. Whilst we have used our best efforts to ensure the accuracy of products and pricing provided on our Website, we reserve the absolute discretion to adjust the pricing on a quote generated by you or your agent         on our Website, or refuse any offer or to supply any order or part of any order.

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Order Placement

1. The following applies to orders placed using our Website:

   • You or your agent may place an order with us by completing the order form on the Website and clicking the "Order With Check Measure" button or the “Order Without Check Measure” button.

   • By placing an order, you make an offer to us to purchase the window furnishings you or your agent have designed, based on these Terms and Conditions.

   • Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any window furnishings or other products, however we will make every effort to supply the window furnishings specified in your order.

   • We will notify you or your agent that the order is being processed by sending an order confirmation email. We do not formally accept your offer until your order has passed our internal validation procedures and we have confirmed with our suppliers that they are able to supply the window furnishings you have designed.

   • Formal acceptance of your offer will occur when we email you or your agent confirming your order with an estimated lead-time, and requesting payment of the deposit, which shall be 70% (unless otherwise agreed with us) of the total order value.

2. The following applies to orders placed directly with us, not using our Website:

   • Upon your enquiry, where we provide you or your agent with a quotation for window furnishings, we make an offer to you.

   • Formal acceptance by you of our offer is made when you make a deposit payment to us of 70% (unless otherwise agreed with us) of the total order value. 

   • By paying the deposit, you make an offer to us to purchase the window furnishings we have quoted, based on these Terms and Conditions.

3. You agree that

   • if your offer is accepted by us, or

   • if you accept our offer

in accordance with these Terms and Conditions, in addition to contracting with us in relation to the purchase of certain products, you are also separately contracting with us to arrange for the delivery or installation of those products to your nominated address.

   4. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

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Order Changes & Cancellations

1. Due to the customised nature of our goods and services, any deposit paid is non-refundable and will be forfeited by you in the case of order cancellation.  Accordingly, you are encouraged to carefully check your quote for accuracy and consider whether it fulfils your requirements.

2. Where you wish to make any amendments to your order after payment of the deposit, we will endeavour to accommodate your requested changes, and we reserve the right to amend the quote to cover any reasonable costs of amending your order.

3. Products manufactured are individually custom made and therefore cannot be exchanged or returned due to a change of mind.

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Check Measure

1. Where you or your agent has elected not to have a check measure performed by us, we will manufacture the products to the measurements provided, and we will not be held liable for any mis-measurements or incorrect product sizing.

2. Where you or your agent elects to have a check measure performed by us, this will only be arranged and performed after the deposit payment is received by us.  Where we perform the check measure, we are liable for supplying products to the correct sizing.

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Payment Terms

1. Upon order placement 70% of total order value is due, the balance 30% is due prior to installation or delivery (whichever is applicable).

2. Installation or delivery (whichever is applicable) will not occur until balance payment is made in full.

3. Payment is to be made by direct deposit into the bank account nominated on our quote.

4. Tax invoices can be issued upon request.

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Warranty

1. We warrant our products to the original purchaser (excluding motorised products) against defects or faulty workmanship and (where applicable) our installation service against faulty installation for a period of three (3) years from the date of delivery or installation.

2. Motorised products are warranted on a back-to-back basis with the applicable manufacturer.  Any service costs incurred in relation to motorised product warranty claims will be payable by you.

3. Upon installation of your product, you must carefully inspect it for any workmanship issues related to the product or its installation.  If you identify defective workmanship, you must notify us within seven (7) days of installation.  If we receive such notification from you after seven (7) days, any resolution of issues may (at our discretion) be subject to call-out charges.

4. Under the Australian Consumer Law ("ACL"), where implied conditions and warranties cannot be excluded, any liability of ours for breach of such conditions and warranties (other than a condition or warranty implied by section 53 of the ACL) shall be limited, at our sole option, to the replacement of the product or the re-supply of the same product; the payment of the cost of replacing the product or of acquiring equivalent product.

5. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

   • to cancel your service contract with us; and

   • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a 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 and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

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Warranty exclusions

1. Our product is not warranted for fitness for any particular purpose, unless expressly stated otherwise by us.

2. Damage caused by accidents or misuse, abuse, alterations, mis-application, improper handling, improper cleaning, improper operation, normal wear and tear, fabric fray from prolonged use, exposure to salt air, corrosives, damage from insects, animals and pets, wind damage, colour change caused by ultraviolet rays or heat sources, mould or fungal growth.

3. Damage, wear and tear or altered operation caused by the movement of the surrounding structure or premises.

4. Damage or faults caused due to wind or rain through the window, door or any penetration or through cross breezes.

5. Damage caused by the removal and/or re-installation of products by someone other than us or our contracted installers.

6. You acknowledge that variations of shade can occur in the manufacture of different materials due to differing dye-lots, and samples may not match finished product.

7. While we will take every care to obtain the best effect, we are not liable for variations in colour or grain structure of fabrics, hardware or materials.

8. You acknowledge that over time, finished products may undergo changes in length, shrinkage or dropping of material, for which we are not liable.

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Installation

1. Any installation date we specify is approximate only and is estimated as accurately as possible in good faith having regard to existing conditions, such as availability of fabrics, parts and labour. We will not be liable to the customer for any failure to effect installation by the specified date, nor its consequences.

2. We may suspend installation of goods to any customer without notice if any monies due remains unpaid by that customer prior to delivery or installation.

3. You are responsible for ensuring that your site is adequate for safe access and is ready for installation of the products. Fixing points must be adequate for the proper and secure installation of the goods.

4. You are responsible for all ancillary work required and costs incurred in connection with installation or repair of goods, including (without limitation) access, scaffolding hire, electrical work, decorating, repairing or making good.

5. You must advise us of any hidden obstruction (including, without limitation, electricity, telephone and other communications cables and water, gas and drainage pipes) or latent conditions (including, without limitation, crumbly or moist walls) that may be encountered during installation of the products, that may affect the quality of installation.

6. Whilst (where applicable) we will take all reasonable care in installation, we shall not be liable for any damage to any structure, surface or service.  You will indemnify us against all liability, loss, cost and expense that we incur arising out of or in consequence of installation of the goods or damage to any structure, surface or service.

7. You are responsible for disposal of any material removed to enable installation of the goods.

8. Installation charges are quoted and accepted based on one visit.  Any futile visits due to (without limitation) to the site not being ready, site access not being possible, or final finishes not yet applied, will result in futile visit costs being incurred which will be the responsibility of the customer, including where the instruction is given by another party (for example a Builder, Designer, or Architect).

9. In relation to the supply of installation services, our liability is limited to:

(a) supplying the service again; or

(b) providing for the cost of having the services supplied again.

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Disclaimers

1. Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied including, without limitation the accuracy, of comprehensiveness, or correctness of any material, and provide all material on an "as is" basis, or warranties of title or implied warranties of merchantability or fitness for a particular purpose.

2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.

3. We also take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked Website.

4. We, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.

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Limitation of Liability

1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

 

 

Indemnity

1. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.

 

Force Majeure

1. We shall not be liable for any delay in performing any of our obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of us, and we will be entitled to a reasonable extension of time for the performance of such obligations.

 

Jurisdiction

1. These Terms and Conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

2. If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.

 

Privacy

1. We undertake to take all due care with any information which you may provide to us when accessing our Website.  However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

 

ENDS