Terms and Conditions
Binding terms:
1. You may order goods sold by Foxy Home Staging (“our”, “us” or “we”) (“Products”) by selecting them and submitting an order through our website (“Site”). The Site includes all web pages under or forming part of the domain name www.foxyhomestaging.com.au. By placing an order for Product(s) through the Site you agree to the terms and conditions set out below (“E-Commerce Terms”) in addition to the Terms of Use applicable to the Site.
Placing an order:
2. Any order for a Product placed through the Site is an offer by you to purchase a particular Product for the price shown on the Site at the time you place the order. All orders are subject to confirmation of the availability and price of each Product. If we revise, or do not confirm the availability or the price of a Product, you may cancel your order for that Product.
3.Unless a product is identified as “Online Only” you may elect to collect the Product(s) you order, or to have them delivered to a nominated delivery address. A fee may apply. Some products are listed as “Online Only” and/or “Delivery Only” and these products may only be delivered.
4.We provide an estimated delivery or collection timeframe during the checkout processes. We will confirm the actual delivery or collection time after the order has been placed. The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Product specifications:
5. Features and specifications of Products described or depicted on the Site are subject to change without notice.
6. All weights and dimensions mentioned are approximate.
7. Before ordering custom furniture and fabrics (“MyChoice”) we recommend that you view a physical sample of the relevant fabric. You can view fabrics used for MyChoice Products in-store or by requesting via the Site that a sample be sent to you.
Pricing:
8. All Product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
9. Delivery costs will also be charged on orders delivered to you. The delivery fee payable for your order depends on the Product(s) you order, your location and the size of your order.
10. All charges payable in relation to an order are clearly displayed in the ‘Total’ during the checkout process prior to placement of an order.
Payment and Payment methods:
11. We currently accept payment by Visa, MasterCard and PayPal for orders placed online.
12. You authorise us to debit the amount that is payable in respect of an accepted order from you in accordance with your nominated payment method.
13. You must not pay, or attempt to pay, for a Product using any fraudulent or unlawful means.
14. Your nominated payment method may trigger fraud prevention protocols. In the event that this occurs, we may contact you to confirm additional details, or cancel the transaction.
15. To the extent permitted by law, we (and our assignees) exclude all liability for any loss or damage suffered or incurred by you (whether directly or indirectly) where a credit card, or PayPal, Zip Money, Zip Pay or Afterpay account is used fraudulently or in an unauthorised manner.
16. We will endeavour to process online payments within a reasonable time. We would typically expect to process payments within five business days.
Acceptance or Rejection of an order:
17. When you place an online order to purchase Product(s), we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for Product(s) ordered by you, when we have processed your order and issued a sales invoice to you (the “Customer Invoice E-mail”).
18. You consent to receive sales invoices electronically for online orders. Electronic invoices will be emailed to the email address provided by you in relation to the order.
19. We may reject all or any part of your order without liability to you for that rejection if:
a. a Product in that order is not available;
b. there is an error in the price or the description of the Product posted on the Site;
c. the order triggers fraud prevention protocols; or
d. we believe that to do so is otherwise necessary or expedient.
20. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you place the order.
21. Each order placed for Product(s) through the Site that we accept results in a separate binding agreement between you and us for the supply of those Product(s).
22. For each order accepted by us, we will supply the Product(s) in that order to you in accordance with these E-Commerce Terms.
Cancelling an order:
23. We may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
a. a Product in that order is not available;
b. there is an error in the features, specifications or price of a Product posted on the Site for a Product in that order; or
c. we reasonably believe your order has been placed in breach of these E-Commerce Terms.
24. You may cancel an order (whether it is accepted by us or not) by contacting the store indicated on your Order Confirmation Email during trading hours at any time prior to the dispatch of that order (as notified to you by email).
25. On cancellation of an order, we will refund your payment to you. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the Product(s) in order to receive a refund.
26. Any refunds resulting from an order cancellation will be processed in accordance with our Return Policy, which is incorporated by reference into these E-Commerce Terms.
Risk and title:
27. Title and risk in a Product passes to you on delivery or collection of the Product, as the case may be.
Delivery of Products:
28. We will deliver Product(s) ordered through the Site:
a. if requested by you at the time of placement of the order; and
b. to a location where we provide delivery services (which will be confirmed during the checkout process) as nominated by you.
29. Payment in full is required before delivery of the ordered Product(s).
30. Further information about our delivery timeframes and how we deliver certain Products is available on the Site. All delivery estimates are indicative and subject to confirmation.
31. We will contact you to confirm your order is ready and to schedule the delivery. You agree to:
a. accept delivery of the Product(s) at the nominated delivery address; and
b. comply with the delivery requirements specified below and such other requirements as are identified when you place your order through the Site.
Please note, Online Only items, and some smaller items, will be despatched by courier, and you won’t be contacted to schedule a delivery. Instead, you will receive an email containing a tracking link once your order has been despatched. This will happen as soon as practically possible.
32. Unless a product is indentified as “Online Only”, we require the person accepting the delivery of your order to provide us with a copy of the sales order and proof of that person’s identity (including photographic identification). If the card holder, purchaser or authorised person is not present at the nominated delivery address to receive the order, or you are unable to show us identification to conduct our verification checks, then we will not deliver the Product(s). If the person accepting the delivery is not the cardholder or purchaser, you will need to contact us prior to delivery to pre-authorise us to leave the goods with an alternate person.
33. If we are unable to deliver the Product(s) you have ordered, we will endeavour to contact you or you may contact us to arrange for delivery at a different time. We may charge you an additional delivery fee for any second attempted delivery.
34. Where delivery has been confirmed with the customer, there may be a re-delivery charge if no person is at the delivery address at the time of delivery confirmed, if the delivery is cancelled by the customer on the day of delivery or if a redelivery is required because the original delivery could not be completed due to a failure to provide identification or a failure to pre-authorise an alternate person to accept the delivery on your behalf.
Collection of Products:
35. You may collect Product(s) that are not identified as “Online Only” ordered online from in-store.
36. Payment in full is required before you can collect your Product(s).
37. Further information about our collection timeframes is available on the Site. All collection estimates are indicative and subject to confirmation by us. Some orders require additional processing for security purposes and these orders may not be ready in the estimated time.
38. We will contact you to confirm that your order is ready for collection.
39. You agree to comply with the collection requirements specified below and such other requirements as are identified when you place your order through the Site.
40. We require the person collecting your order to provide us with a copy of the sales order and proof of that person’s identity (including photographic identification). If the card holder, purchaser or authorised person is not present for collection or you are unable to show us identification for us to conduct our verification checks, then we will not provide the Product(s) you have ordered. In this instance, we will offer you the opportunity to return to the store with the required identification. If the person collecting the order is not the cardholder or purchaser, you will need to contact us prior to collection to pre-authorise us to provide the goods to an alternate person.
41. We will hold your Product(s) for 7 days after notifying you that your order is ready for collection. If you fail to collect the order within 7 days after we notify you that the order is ready for collection, we reserve the right to cancel your order.
Website Terms and Conditions
Binding terms
1. This website is owned by Foxy Home Staging (“our”, “us” or “we”) and includes all web pages under or forming part of the domain name www.foxyhomestaging. By using this website, you agree to be bound by an agreement created between you and us on the terms and conditions set out here (“Terms of Use”). If you do not agree to these Terms of Use, please do not use this website and/or any information derived as a result of the use of this website.
The parties
2. If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our website.
3. If the user of our website uses it in his or her capacity as a representative of a body corporate (e.g. a corporation), then it is a condition of the user continuing to use our website that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “you” in these Terms of Use means that body corporate) and us.
Amendments
4. We reserve the right to amend these Terms of Use, without notice, from time to time for legal or commercial reasons. If you do not agree with the amended Terms of Use, you must not continue to access or use this website.
General Disclaimer
5. The information contained in this website is for general information purposes only.
6. The information is provided by Foxy Home Staging and while we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
7. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being unavailable due to technical issues beyond our control.
8. To the extent permitted by law, but subject to clause 11 below, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer or incur (directly or indirectly) in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the services or the information contained on or accessed through this website.
9. You are responsible for protecting your computer systems. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the website.
10. To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms of Use is hereby excluded.
11. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar legislation of a state or territory and which cannot be excluded, restricted or modified (“non-excludable right”). To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.