TERMS AND CONDITION
We will not be liable if for any reason our website is unavailable at any time orfor any period. From time to time, we may need to restrict access to ourwebsite (wholly or partly).You are responsible for making all arrangements necessary for your own accessto our website. You are also responsible for ensuring that all persons whoaccess our website through your Internet connection are aware of these Termsand Conditions, and that they comply with them.
We endeavour to ensure that all the products on ourwebsite are accurately described, and we rely on information provided to us byour suppliers. Unfortunately, on some occasions it is possible that our websitewill contain errors and we reserve the right to correct any errors orinaccuracies at any time, including after you have placed an order. In somecases, the products we offer for sale are handmade or made from natural ororganic materials, and there may be small variations between the productimage(s) and the product you receive. This will always be stated on theindividual product listing. We endeavour to ensure that all colours aredisplayed accurately, but you should be aware that colours may appear slightlydifferently on different displays and screens. The shade of colour from screento screen is not a fault or error. This will be classified as a change of mindand returning items based on change of mind will be at the expense of thecustomer.To the extent permitted by applicable law, we do not warrant that the productdescriptions, colours, information or other content available or offered on ourwebsite are accurate, complete, reliable, current or error-free, nor do we makeany warranty about the standard or quality of any of the products offered viaour website.On rare occasions our suppliers find themselves unable to deliver products tous, or the products delivered are not of sufficient quality or workmanship. Wereserve the right to withdraw any products from our website at any time and/orremove or edit any materials or content on our website. Whilst we will make ourbest efforts to process all orders, there may be exceptional circumstanceswhich mean that we may need to refuse to process an order after we have sentyou an order confirmation, which we reserve the right to do at any time, at oursole discretion. We will not be liable to you or any other third party byreason of our withdrawing any product from our website, whether it has beensold or not, removing or editing any materials or contents on our website, orfor refusing to process or accept an order after we have sent you the orderconfirmation.
We aim to update our website regularly and may change content at any time. If theneed arises, we may suspend access to our website, or close it indefinitely. Wewill use reasonable endeavours to ensure our website contains accurateinformation and content, however, we reserve the right to update our website assoon as an inaccuracy or error is brought to our attention.
After you have placed your order and we have processed your payment we will provideyou with an order confirmation by email. This email does not guarantee that theproduct(s) you have ordered is/are available. It represents confirmation thatwe have received your order. Your order represents an offer to purchase, whichwe accept when we dispatch your product(s) and send you an email confirmingthat your product(s) has/have been dispatched. Once this email has been sent andthe goods have been handed over to the designated carrier, the contract betweenyou and us is complete. The sale contract is therefore concluded in New SouthWales, Australia.If delivery of an order will result in unacceptably high freight charges toOndene, we reserve the right to contact you to request further shipping fees orto cancel an order prior to dispatch. If we cancel your order in thesecircumstances, we will issue a full refund to you.In the unlikely event that a product is unavailable, we reserve the right tocancel your order prior to dispatch. We will contact you by email as soon aspossible to let you know. You may choose to have a store credit to your accountor a refund to the value of the unavailable product. We reserve the right notto accept your order in the event that we are unable to obtain authorisationfor payment, where we suspect fraudulent activity, or where you do not meet theeligibility criteria set out, or otherwise contemplated, within these Terms andConditions or our website. We reserve the right to refuse to process or refuseservice to anyone at any time at our sole discretion.
All prices displayed on our website are in Australian dollars and include GST.All payments are processed in Australian dollars. We accept payment by variousmethods, including by credit card (Visa and MasterCard and American Express).
The retail price for each product is provided alongside the sale price for yourreference. Prices are subject to change effective immediately upon posting toour website or other form of notification.In many cases our products may be sourced from international markets and maynot be available for sale elsewhere in Australia.
In cases where our productshave not previously been sold in any retail market, we work with our supplierto set a retail price based upon the price of products we deem to becompetitive products in the Australian retail market.
We use industry standard encryption to keep your personal information securethroughout the payment process. We do not permanently store your credit card orbank information. We will not be liable for any damages or losses (whetherdirect or indirect) caused if a member's card is used fraudulently.
In an effort to prevent fraudulent use of credit cards or other paymentoptions, we will undertake reasonable efforts to validate the legitimacy of theorder and payment method. This process may include requesting proof of identityand a formal check on. However, we do not guarantee that we can prevent thefraudulent use of such information by unauthorised third parties. In instancesof high value orders being placed and/or where we suspect your card may be atrisk of fraudulent use, we will follow internal company procedures to confirmthe order is bona fide. Orders undertaking a formal check will be placed onhold until we have received confirmation this transaction is legitimate. Wherewe cannot reasonably rule out fraudulent card use prior to processing yourorder, we may decide to cancel the order (notifying you via email).
Orders are fulfilled within 24 to 72hrs fromreceipt of order confirmation. Metro deliveries are generally deliveredwithin 5 business days from leaving our warehouse. Regional areas aregenerally fulfilled within 10 business days from leaving our warehouse. Insome cases, the estimated dispatch time frame will be longer, for example whereitems are made to order. From time to time the delivery of specific items willexceed our usual stated delivery window for reasons outside our control.
Orders are fulfilled within 48hrs from receipt oforder confirmation. International Deliveries are sent via air freight andare generally received within 14 business days depending on location onceleaving our warehouse. If there are any significant delays with yourshipping timeframe a staff member from Ondene will contact, you and advise.
All international deliveries are exempt fromAustralian taxes and will be removed at checkout. As the recipient, youare liable for all import duties, customs and local sales taxes levied by thecountry you are shipping to; payment of these is necessary to release yourorder from customs on arrival. We are unable to advise the amount thismay be.
Onceyour order has left us, you will receive an email containing a tracking numberto track its progress online.
Ondene insures each purchase during the time it isin transit until it is delivered to you. We require a signature for anygoods delivered, at which point responsibility for your purchased goods passedto you. If you are not the receiver of your purchase (for example a giftorder) then the person who signs for the package confirms receipt and isaccountable for the package.
We are pleased to offer Click & Collect. Thisservice is only available at our Sydney Double Bay store from 10 am - 4 pm onMonday - Saturday, excluding public holidays.To collect your order, please ensure you bring your receipt or your emailconfirmation in store with a valid photo ID and the card you purchasedwith.
Delivery Fees: Delivery fees andtimes vary for different products and are calculated at checkout based on thesize and weight of your order and its destination. The delivery price for eachorder will be displayed during the checkout process, prior to payment and orderconfirmation and included in the total price of your order. Changes made todelivery address or delivery time after placing an order may incur additionalcharges, which we reserve the right to request to add to your original deliverycharge. Delivery estimates calculated at checkout are based on delivery to thefront door of a ground floor. Approval for requests to have items deliveredpast this point must be requested prior to an order being placed. This is arequest and cannot be guaranteed. The request is based on courier availabilityand payment of this service.
Delivery methods & locations: We work with a number of delivery partnersand courier companies in order to deliver nationwide; in some cases this may behanded to a third party to ensure remote areas can be accommodated. Your orderwill be delivered to the delivery address provided by you during the checkoutprocess or as updated through our Customer Care team after your order isfinalised.For larger high value items, we may be able to offer alternate deliveryservice, however this is not available for all items and all areas. Ourcustomer care team can confirm if this is available to your order and area,applicable fees and charges will apply for this service.We cannot deliver to PO boxes or Parcel Lockers because they're usually toosmall to accept most of the items we sell. Most of our goods are delivered bycourier or specialist furniture carrier directly to your door and require asignature upon delivery.
Ourdelivery partner may leave a card at the address and you will need to pick upthe delivery from an Australia Post outlet or contact the courier company toarrange for redelivery.We reserve the right to refuse delivery to specific locations for items we deemat high risk of loss or damage, and also areas that are inaccessible withstandard courier and delivery services. In this case, you may choose to have anitem delivered using your own couriers, in which case all insurance for loss ordamage to the order caused by the delivery will be your responsibility.You agree to pay any shipping and handling charges presented to you at the timeyou make a purchase.We deliver most products Australia-wide. In some cases, we will only be able todeliver products in metropolitan areas. This information will be shown on theproduct listing. We are not able to accept orders for international delivery atthis time.
Delivery failure: It is important thatyou verify your information is correct before placing your order, especiallyyour delivery address. If the address provided is incorrect and the package isreturned, you will be billed for the additional shipping charges in order foryour delivery to reach you. You agree to this by placing an order with us, wereserve the right to pass on applicable charges to you if you provide wrongaddress information. We also require a contact phone number, which may be usedby the courier to arrange delivery. If we and our delivery partner have beenunable to deliver your order due to your error or fault after 21 days or 2attempts (whichever is sooner), we reserve the right to cancel your order. Inthese circumstances we will refund you the price of your order, less thedelivery and handling fees incurred by us.
Our Refund Policy includes, and does not seek toexclude or limit, the rights you have under Consumer Law. Our goods come withguarantees that cannot be excluded under the Consumer Law.
In the event that any products or servicespurchased from us do not meet the Consumer Guarantees, we will gladly meet ourobligations to provide a refund, repair or replacement at our own expense.
We may at our absolute discretion choose to refund,credit, replace or repair goods returned within a reasonable time (generally 14days) for any reason other than breach of the Consumer Guarantees, provided thegoods are in original condition, current version and not a special order orclearance item. In these circumstances, we may make our best effort to arrangeexchange with the manufacturer or accept the goods back for resale. In thiscase, if the return is authorised by Ondene, a restocking fee may apply.
A “special order” goods are goods that are not instock at the time of an order and therefore especially ordered to meet a clientorder.
Unless there is a breach of the ConsumerGuarantees, the right to refuse the return or exchange of products is at thediscretion of Ondene and a restocking fee may apply to returned goods
Please contact Ondene for additional information.Damaged in transitUnfortunately items are occasionally damaged in transit.If an item arrives and the packaging or the item itself is clearly andsignificantly damaged, you should take photos or video showing the damage,refuse to accept the delivery and contact us immediately. We'll share yourfeedback with our delivery partners and suppliers to ensure our service and thequality of packaging is improved.If you notice that an item is damaged after it has been delivered to you,please take photos or video clearly showing the damage and contact us as soonas possible, ideally within 3 business days of receiving your delivery.The type of remedy we offer will depend upon the circumstances. We will workcollaboratively with you to find an outcome that you're happy with. Forexample, we may arrange to:
· Arrange a repair by a local tradesperson in yourarea
· Offer a partial or full store credit voucher orrefund
· Replace the product (subject to availability)
· Arrange for the product to be returned to us or oursupplier
If we require you to return the product to us, we will pay the cost of thereturn.Wrong item deliveredVery occasionally we may accidentally ship the wrong item to you. If you havereceived an incorrect item, let us know as soon as you can, ideally within 3business days of receiving your delivery. We will offer to send you the correctitem and arrange for the pick up and return of the incorrectly shipped item atno cost to you.Faults and Warranty Claims
Ondene warrants all goods to be free from defectsin materials and workmanship, and of acceptable quality and durability for thepurpose for which they are designed. Warranties and guarantees are provided inaccordance with Australian Consumer Law.
This Faults and Warranties policy does not cover:
· Normal wear and tear
· Damage arising from improper assembly ormodification
· Damage arising from abnormal use or abuse
· Damage, wear and tear as a result of improper orlack of maintenance and/or care (e.g. fabric, leather or timber)
· Damage to external or product packaging only
· Insignificant minor variations in dimensions,colour, grain or finish
· Insignificant minor imperfections or superficialblemishes
CancellationsYou may cancel an order, or part thereof, only before an order reaches thedispatch processing stage, Refunds will be credit to the original purchaser’smethod of payment and the exact card used to make the purchase. After an order,or part thereof, reaches the dispatch processing stage, cancellations orchanges may not be possible. As we endeavour to send your order to you as soonas possible, which often will be within 24 hours, requests for cancellationsneed to be lodged as soon as practicable after ordering. Once items haveshipped, you cannot cancel them. Products described as 'made to order' cannotbe cancelled.
Yourconsumer rightsThe goods you purchase come with guarantees that cannot be excluded under theAustralian Consumer Law. If your product is faulty, broken or otherwisenon-compliant with a consumer guarantee under the Australian Consumer Lawplease contact us as soon as possible with your name and order number and ourteam will look after you.Our rightsWe reserve the right to refuse a return in cases where we cannot be reasonablysatisfied that you purchased the product from us and where we deem damage to aproduct to be due to fair wear and tear, misuse, failure to use in accordancewith manufacturer's instructions or failure to take reasonable care.
To the extent permitted by law, we, our directorsand employees, and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms whichmight otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect orconsequential loss or damage incurred by any user in connection with ourwebsite, products or services or in connection with the use, inability to use,or results of the use of our website, any websites linked to it and anymaterials posted on it, including, without limitation any liability for loss ofincome or revenue, loss or interruption of business, loss of profits orcontracts, loss of anticipated savings, loss of data, loss of goodwill, wastedmanagement or office time and for any other loss or damage of any kind, howeverarising and whether caused by tort (including negligence), breach of contractor otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising fromour negligence, nor our liability for fraudulent misrepresentation, nor anyother liability which cannot be excluded or limited under applicable law.Without limitation to the foregoing, we acknowledge that the laws in certainjurisdictions including Australia may imply warranties and conditions or imposeobligations on the supply of goods and services through or by means of ourwebsite which cannot be excluded, restricted or modified except to a limitedextent. If any such laws apply, then to the fullest extent permitted by the lawof the relevant jurisdiction, and in the case of Australia to the extentpermitted by the Competition and Consumer Act 2010 (Cth), our liability islimited and if any liability remains it will be limited to any one or more ofthe following in our sole discretion:
· in the case of any goods, the replacement or repairof the goods, or the supply of equivalent goods, or the payment of the cost ofrepairing or replacing the goods or supplying equivalent goods; and
· in the case of any services, the supply of theservices again or the payment of the cost of having the services suppliedagain.
Without limitation to the foregoing, you agree that in no event shall ourmaximum aggregate liability exceed the amount paid by you for the products inquestion. You agree to indemnify us, our directors, employees andrepresentatives from and against all actions, claims, suits, demands, damages,liabilities or costs (including legal costs) arising from, or which is directlyor indirectly related to the use of our website, or any other products orservices accessed via our website.
Weare the owner or the licensee of all intellectual property rights (including,without limitation, trademarks and copyright) in our website, and in thematerial published on it (including, without limitation, its look and feel,brands, logos and trademarks, information, graphics, photographs, content,images, sounds, video, audio, text, layout, logos, button icons and thecompilation and organisation thereof, and all intellectual property rightscontained therein). Those works are protected by intellectual property lawsaround the world. All such rights are reserved.You must not use any part of the materials on our website, services ore-commerce facilities for commercial purposes. If you print off, copy ordownload any part of our website in breach of these Terms and Conditions, yourright to use our website will cease immediately and you must, at our option,return or destroy any copies of the materials you have made. You are notpermitted to copy, publish or use any of the content in any way, whetherpersonal or commercial, without our prior written permission.
Whereour website contains links or references to other sites, resources, products orservices provided by third parties, these links or references are provided foryour information and convenience only. We have no control over the contents ofthose sites, resources, products or services, and accept no responsibility forthem or for any loss or damage that may arise from your use of them(notwithstanding anything else contained herein).Your linking to or from these sites, or use of, or reliance on such sites,resources, products or services is at your own risk. You should carefullyreview the terms and conditions and privacy policies of all off-website pagesand other websites or third party suppliers that you visit or transact with.Links, references or other connections to these sites, resources, products orservices do not imply any endorsement of them or any association with theirowners, operators or advertising material (as the context permits).You may link to our home page provided your links do not damage our reputationor take advantage of it, and you must not establish a link in such a way as tosuggest any form of association, approval or endorsement on our part where noneexists. You must not establish a link from any website that is not owned byyou.Our website must not be framed on any other site. Our site must not be utilisedby third party web crawlers (or similar) in order to scrape content from oursite for any purpose. We reserve the right to withdraw linking permissionwithout notice.
Youmust not misuse our website by knowingly introducing viruses, trojans or othermaterial which is malicious or technologically harmful. You must not attempt togain unauthorised access to our website, the server on which our website isstored or any server, computer or database connected to our website.Whilst we do our best to ensure that our website is virus-free, you acknowledgethat the Internet and e-commerce facilities may attract unknown contingenciesout of our control. Accordingly, we will not be liable for any loss or damagecaused by a virus, system failures or other technologically harmful materialthat may infect your computer equipment, computer programs, data or otherproprietary material due to your use of our website or to your downloading ofany material posted on it, or on any website linked to it. We always recommendall Internet users ensure they have up to date virus checking softwareinstalled.
Youconsent to receive communication from us electronically, either by email or byus posting notices on our website and you agree that all communications that weprovide to you electronically will satisfy any legal requirement that acommunication be in writing.
We shall not be responsible for any delay, suspension or failure arising out ofany circumstances outside of our reasonable control, including but not limitedto, acts of God, governmental actions, shipping, postal or other relevanttransport strike, postal theft, failure or accident, lockouts or other labourdifficulty, war or national emergency, acts of terrorism, fire, explosion,flood, an act or omission of a third party, inability to obtain any necessarymaterials, equipment, facilities or services, the failure of performance providedby others, interruption of the internet or a website (such as Facebook) orvirus, accidents or breakdown of plant, machinery, software, hardware orcommunication network.
Wemay revise these Terms and Conditions at any time by amending this page. Youare expected to check this page from time to time to take notice of any changeswe made, as they are binding on you. Some of the provisions contained in theseTerms and Conditions may also be superseded by provisions or notices publishedelsewhere on our website. Any changes are effective immediately upon posting toour website. Your continued use of our website thereafter constitutes youragreement to all such changed Terms and Conditions. Please read these Terms andConditions before placing an order online and check back often. If you do notagree to any change, then you must immediately stop using our website.
Noagency, partnership, joint venture, employee-employer or franchisor-franchiseerelationship is intended or created between you and us by these Terms and Conditions.
If any provision in theseTerms and Conditions is found to be invalid or unenforceable by a court of law,such invalidity or unenforceability will not affect the remainder of theseTerms and Conditions which will continue in full force and effect.