Terms & Conditions
Ecoliving Collection (BN98063421) (“the Company”)
TERMS AND CONDITIONS OF SALE
a) “Contract” means the contract formed between the Company and the Customer for the supply of goods.
b) “Goods” means, those products, materials and services ordered and purchased by the Customer through the Company’s online facility;
c) “online facility” means those goods, products, material and services the Company makes available for sale over the internet at the web-site www.ecoliving.com.au.
d) In this Agreement, unless otherwise indicated by the context:
(i) words importing the singular include the plural and vice versa;
(ii) an expression importing a natural person includes a body corporate;
(iii) a reference to a party includes that party’s successors and permitted assigns;
(iv) a covenant or agreement on the part of two or more persons binds them severally and jointly.
Payment for Goods must be made by the Customer and received in full by the Company in respect of the Goods.
3.1 All reasonable efforts to deliver the Goods to the Customer at the time(s) arranged will be made by the Company. Online purchases will be normally delivered within one - two working days of full payment being received from the company’s warehouse located on the Castle Hill NSW by Australia Post or the company’s nominated courier services. However deliveries may take up to 14 days under some circumstances.
3.2 The Company will not take responsibility for any delay in delivery by Australia Post or courier servicesor for any other reason including the inability of the Company to secure continuation of supply of the Goods.
3.3 Any damage to property on delivery or any damage to the Goods being delivered will not be at the responsibility of the Company.
3.4 The Customer is obliged to inspect the Goods upon delivery as soon as practicable.
4.1 Legal and equitable title will only pass to the Customer upon full and final payment for the Goods to the Company.
4.2 The Customer will hold the Goods as bailee for the Company until full payment for the Goods including any amount outstanding on account for the Customer is received. The Customer as bailee must hold and maintain the Goods in good condition.
4.3 The Company may at its discretion take possession of the Goods if the Customer defaults.
5.1 Without limitation to the Customer’s non-excludable statutory rights in this regard, the Company warrants that the Goods are of merchantable quality; that subject to 5.2 the Goods are free of manufacturing defects and will remain so for a period of twelve (12) months from the date of Dispatch of the Goods by the Company to the Customer. Wear And Tear Exclusions are applied such as frays, fade, shrinkage, tearing and partially pilling which may be caused by improper use.
5.2 The Customer agrees that as regards any warranty claim the Customer will when making any such claim provide to the Company a digital photograph and engineering summary in respect of the alleged failure of the Goods.
5.3 The Company will be, at all times committed to provide the best customer services, it may be necessary for the items to be returned to the manufacturer for assessment to determine whether or not The Customers are entitled to an exchange, refund or repair.
6.1 Default of these Terms and Conditions includes any breach by the Customer of these terms, non-payment for the Goods by the due date or any act of bankruptcy or insolvency including the external administration of the Customer.
6.2 Any default of the Customer will enable the Company to claim the return of the Goods without notice to the Customer making all monies payable on demand and the Company at its discretion to treat the whole contract as repudiated and sue for breach of contract (if required).
7.1 The Company does not grant any credit to Customer’s using the online facility to purchase Goods.
The Company will not be liable for failure to complete this Agreement to the extent and for so long as performance is delayed because of circumstances beyond the Company’s control, the failure of a supplier to the Company or the failure of the Company’s importation or other arrangements in respect of the Goods.
9. Fit for Purpose
9.1 Except as expressly provided to the contrary, all representations, warranties, terms and conditions in relation to the Goods are excluded to the maximum extent permitted by law.
9.2 The Customer is required to expressly advise the Company of the specific purpose for the Goods.
10. Limitation of Liability
10.1 If the Company is in breach of this Agreement, liability is strictly limited to the value of the relevant Goods, products or material, the cost of replacement of the defective Goods as soon as reasonably practicable or the repair of the defective Goods or the repayment (or allowance) of the invoiced price of the defective Goods.
10.2 The Company’s liability for breach of this Agreement does not extend beyond the defective Goods supplied pursuant to the Customer’s purchase order or otherwise.
10.3 Where loss or damage is not covered in paragraph 10.1 or 10.2, the Company is not liable to the Customer under statute or rule of law or equity (including negligence or otherwise) for any loss or damage arising out of its supply of the Goods.
Upon delivery of the Goods all risks pass to the Customer or risks pass upon the passing of title to the Customer whichever is earlier.
12. Use of Logos, trademarks
12.1 The Customer recognises that all intellectual property including the trademarks, registered designs, patents and copyright used on or relative to the Goods are the property of the Company. The Customer may not use any logos, trademarks or other intellectual belonging to the Company.
13. Dispute Resolution – Australian Commercial Disputes Centre Mediation
13.1 If a dispute arises out of or relates to this agreement, or the breach, termination, validity or subject matter thereof, or as to any claim in tort, in equity or pursuant to any domestic or international statute or law, the parties to the agreement and the dispute expressly agree to endeavour in good faith to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
13.2 A party claiming that a dispute has arisen must be given written notice to the other parties to the dispute specifying the nature of the dispute.
13.3 On receipt of such notice, the parties to the dispute must within fourteen (14) days of receipt of the notice seek to resolve the dispute.
13.4 If the dispute is not resolved within fourteen (14) days or within further period as the parties agree then the dispute is to be referred to ACDC.
13.5 The mediation is to be conducted in accordance with ACDC Mediation Guidelines, which set out the procedures to be, adopted, the process of selection of the mediation and the costs involved and which terms are deemed incorporated.
The Customer indemnifies and will keep indemnified the Company against any loss or damage suffered by the Company as a result of any breach by the Customer of the terms of this Agreement.
15. Online Purchase Orders Non-cancelable
15.1 The Customer acknowledged that the online Purchaser Order is irrevocable and may not be withdrawn or cancelled except with the written consent of the Company and then upon such terms (including as to part payment of the price of the Goods) as the Company may in its absolute discretion determine.
The Customer shall be liable to the Company for all legal costs (on a solicitor and own client basis) and the costs of any mercantile agents in respect of proceedings for recovery under this Agreement.
If a provision of this Agreement would but for this clause be unenforceable the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down it is to be severed without affecting the validity and enforceability of the remainder of this Agreement.
18. Applicable Law
The laws of the State of New South Wales shall govern this Agreement and the Courts of that State shall have non-exclusive jurisdiction in connection with this Agreement.
General Return policy
30 day refund policy
Our goal is that you are completely satisfied with your purchase. If for whatever reason you are not satisfied with your purchase, you may return it (see exceptions below) within 30 days of purchase, in its original packaging, unused and unwashed with all the tags and accessories and in resalable conditions.
To make a return, please login your account, find the order which you wish to return, fill the return form properly and submit the request. We will process the request within 7 working days.
We will refund or replace any item whilst you return it within 30 days of delivery (excluding all delivery costs and charges which the customer remains liable for), in its original packaging, unused and unwashed with all the tags and accessories. Outside the 30 day return period and within 60 days of the purchase, we do not offer a refund if you simply change your mind, but an exchange may be available upon approval.
Any warranty claim over the purchase at this website, please read the clause 5, Warranty of the “Terms and Conditions before the claim to be lodged.
All damage and shortage claims should be made within 5 days of delivery. We strongly recommend that customers should inspect the goods, carefully and report any abnormal as soon as the order is received.
Please do not wash and use the items if you are not 100% certain they are the right items you purchased from this site because we DO NOT accept a return of washed and used items .
Please choose carefully as we do not offer exchange or refund on the following goods unless the item is faulty or where otherwise required by law.
- made-to-measure and altered items
- personalised products
- Personal care items
- Quilts and wool unblankets
- All items in the clearance categories
- Hand embroidery items
A refund will be issued to the original form of payment only within 5-7 business days of receiving the returned goods at our warehouse.
© Grech Partners Solicitors