These Terms apply where Mathison Pty Ltd (ACN 674 495 633) trading as Ador Living (Ador Living) supplies Goods to a Customer.
(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;
(b) Customer means the person, entity, firm or corporation that acquires Goods from Ador Living pursuant to these Terms, the details of which are set out in the relevant sales document and includes the Customer’s permitted assigns, successors, employees, servants and agents;
(c) Ador Living Warehouse means the Ador Living warehouse from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order;
(d) Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity;
(e) Consumer has the meaning given to it in section 3 of the Australian Consumer Law;
(f) Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law;
(g) Contract means the contract of purchase of Goods between the Customer and Ador Living which comprises these Terms and all Orders for Goods placed by the Customer and accepted by Ador Living;
(h) Collected Order has the meaning given in clause 3.1;
(i) Defective Goods means Goods that are defective in design, performance or workmanship;
(j) Delivered Order has the meaning given in clause 3.1;
(k) Dispatch Date has the meaning given in clause 3.2(a);
(l) Goods means goods supplied by Ador Living to the Customer;
(m) GST Act means A New Tax System (Goods and Services Tax) Act 1999;
(n) Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer’s fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise;
2.2 The Customer accepts these Terms, as amended from time to time in accordance with clause 2.5, by placing an Order for Goods, by performing an act that is done with the intention of adopting or accepting these Terms, including continuing to order Goods after receiving notification of an update by Ador Living, or by oral acceptance. Once these Terms are accepted, a Contact is formed between the Customer and Ador Living.
2.3 For the avoidance of doubt, once these Terms are accepted by the Customer, the Customer is bound by all of its obligations under the Contract even where it acquires the Goods under the Contract for the purpose of resupplying them to another person or providing them to another person in connection with the supply of goods or services, including where the Customer is an interior designer providing goods or services to its client. This clause applies despite any trade discount or trade account that Ador Living has agreed to provide the Customer.
2.4 If the Customer expressly enters into these Terms on behalf of another entity in the relevant sales document, the Customer warrants and represents that the Customer has the authority of that entity to bind that entity to these Terms.
2.5 Ador Living may update these Terms from time to time and the altered terms shall apply to Orders placed by the Customer after such notification and will supersede all previous terms and conditions imposed by Ador Living regarding such Orders.It is the Customer’s responsibility to check the applicable terms on the Website before placing an Order.
(a) The Customer may place an order for Goods with Ador Living in any of the following ways:
(i) in-store or via the Website for delivery by Ador Living, provided the required delivery location is within Ador Living’s Serviceable Area (Delivered Order); or
(ii) in-store or via the Website for collection by the Customer from the Ador Living Warehouse or by a transport carrier engaged by the Customer (Carrier) to collect the Goods from Ador Living and deliver them to the Customer (Collected Order).
(each an Order).
(b) Each Order placed by the Customer will constitute an offer by the Customer to acquire the Goods from Ador Living on and subject to these Terms and will form part of the Contract if accepted by Ador Living.
(c) Ador Living reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting a Delivered Order where the required delivery location is outside of Ador Living’s Serviceable Area.
(d) While Ador Living endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.
(e) It is the Customer’s responsibility to ensure that the Customer’s information included in the Order (including the Customer’s name, contact number and email address) is correct and to notify Ador Living of any changes to such information.
(f) Where the Customer’s Order is comprised of multiple items, Ador Living may deliver the Goods under that Order by separate instalments. Each separate instalment must be delivered or collected in accordance with this clause 3, and paid for in accordance with clause 5.
3.2 Delivery and collection
(a) Ador Living will contact the Customer when the Goods are ready for collection or delivery (and where applicable, installation) (Ready Date) to book in a date for collection or delivery (and where applicable, installation) (Dispatch Date). Ador Living reserves the right to nominate the Dispatch Date, but will use all reasonable endeavours to nominate any preferred date that the Customer communicates to Ador Living.
(b) The Customer acknowledges and agrees that the Ready Date and/or Dispatch Date may be earlier than, or later than, any estimated delivery date provided to the Customer at the time of placing an Order, and the Customer will be bound by its obligations under this Agreement (including under clauses 3.2(a), and 5(e)) despite any such difference between the estimated delivery date and the Ready Date and/or Dispatch Date.
(c) Ador Living will use all commercially reasonably efforts to:
(i) deliver the Goods for which it has accepted a Delivered Order; or
(ii) make the Goods for which it has accepted a Collected Order available for collection,
by the Dispatch Date.
(d) The failure of Ador Living to deliver or arrange for collection of the Goods by the Dispatch Date does not entitle either party to treat an Order or the Contract as repudiated.
3.3 Delivered Orders
In relation to Delivered Orders accepted by Ador Living:
(a) The Customer will be advised, at least 48 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Goods will be delivered.
(b) The Customer must:
(i) ensure that the correct delivery address is provided in the Order;
(ii) inform Ador Living of any issues, difficulties or specific requirements associated with the delivery of Goods at time of purchase, or where such issues, difficulties or specific requirements arise or become apparent after the time of purchase, as they arise or become apparent;
(iii) ensure that the Goods ordered are capable of effective and safe delivery, including that the Goods will fit through access areas such as doorways and stairs; and
(iv) ensure safe access for the delivery of Goods, including by ensuring that the delivery location does not require Ador Living’s delivery personnel to navigate hazardous terrain or active construction sites, or delivery Goods via fire stairs, inclinators or balcony lifts.
(c) Ador Living may accept or reject any request from the Customer to update the delivery address, and will notify the Customer of the updated delivery fee if such request is accepted.
(d) The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact Ador Living’s ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.
(e) Delivery will only be made to a person authorised under the customer account, unless agreed otherwise with Ador Living prior to delivery. Any person who accepts delivery of the goods at the delivery address must be 18 years or over and able to accept delivery.
(f) The Customer acknowledges and agrees that, subject to any Non-Excludable Rights, if Ador Living is unable to deliver the Goods due to the Customer’s failure to comply with clause 3.3(a):
(i) Where possible, Ador Living will leave the Goods at the Customer’s premises (Drop Off) and:
(A) the Customer releases Ador Living from any liability arising from the Drop Off; and
(B) the Customer will not be entitled to any refund or exchange in relation to the Goods, arising from the Drop Off.
(ii) In the event a Drop Off is not possible, the Goods will be returned to the Ador Living Warehouse and the Customer will be charged for the pre-arranged delivery costs (if not already paid for prior to delivery), the cost of redelivery and an additional $50 administration fee.
(g) The Customer may order Goods from Ador Living provided the required delivery location is within Ador Living’s Serviceable Area. Ador Living may from time to time, at its sole discretion, accept orders requiring delivery to locations outside of its Serviceable Area (however, for the avoidance of doubt, acceptance of such orders does not modify or extend the definition of Serviceable Area to apply to new locations).
3.4 Collected Order
(a) The Customer must collect the Goods the subject of a Collected Order on the Dispatch Date.
(b) In placing a Collected Order, the Customer acknowledges and agrees that:
(i) it is the Customer’s responsibility to load the Goods into its vehicle, secure the Goods at the Ador Living Warehouse and to provide all necessary labour and materials required for such purpose;
(ii) aside from placing the Goods in the loading dock or near the Customer’s vehicle, Ador Living is under no obligation to assist the Customer to load or secure the Goods;
(iii) the Customer must sign a proof of pick up document at the collection point and must permit Coco Republic to take photos of the Goods at handover; and
(iv) the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Ador Living at that time.
3.5 Collection by Carrier
(a) Where the Customer has arranged for a Carrier to collect the Goods, the Customer:
(i) must arrange for the Carrier to collect the Goods on the Dispatch Date;
(ii) acknowledges and agrees that:
(A) it is the Customer’s responsibility to pay all associated charges and insurances direct to the Customer’s Carrier;
(B) the Customer must coordinate the collection of Goods with Ador Living at least 48 hours in advance of the Dispatch Date;
(C) it is the Carrier’s responsibility to load the Goods into its vehicle, secure the Goods at the Ador Living Warehouse and to provide all labour and materials required for such purpose;
(D) aside from placing the Goods in the loading dock or nearthe Carrier’s vehicle, Ador Living is under no obligation to assist the Carrier to load or secure the Goods;
(E) the Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to Ador Living on pickup;
(F) the Carrier will be required to sign a proof of pick up document at the collection point and must permit Ador Living to take photos of the Goods at handover; and
(G) the Carrier, on behalf of the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Ador Living at that time.
3.6 Changes to Dispatch Date
(a) The Customer may not change or cancel the Dispatch Date without Ador Living’s prior written consent.
(b) If Ador Living consents to a change or cancellation of the Dispatch Date, but the Customer requested the change or cancellation less than two Business Days before the Dispatch Date, the Customer will be charged a $50 administration fee and, in the case of a Delivered Order, all pre-arranged delivery costs (if not already paid) and the cost of re-delivery.
3.7 Failure to accept delivery or collection of the Goods
(a) If the Customer does not collect or accept delivery of the Goods within 21 days from the Ready Date, and provided that Ador Living has since attempted to contact the Customer using the Customer’s nominated contact details to arrange collection or delivery:
(i) where the Goods are stocked (non-customised) items, the Goods will be reallocated to another customer who has placed an order for the same goods or otherwise returned to Ador Living’s stock, and the Customer must contact Coco Republic to arrange for a time for collection or re-delivery (noting that this may create delays for the Customer where additional stock has to be ordered in); and
(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer’s preferences, a storage fee of $500 (inclusive of GST) per week (and prorated for any part of a week) will be payable by the Customer until collection or delivery is arranged for the Goods. Storage fees will be incurred on a weekly basis until collection or delivery has been completed. The Customer’s Order will not be made available for collection or redelivered until any storage fees are paid prior to final delivery.
(b) If the Customer has not collected or accepted delivery of the Goods within 3 months after the Ready Date (Relevant Period) Ador Living may sell or dispose of the Customer’s Goods in any manner that Ador Living deems appropriate, provided that Ador Living:
(i) has first attempted to contact the Customer using the Customer’s nominated contact details during the Relevant Period to arrange collection or delivery; and
(ii) has not caused the Customer to be unable to collect or accept delivery of the purchased Goods.
(c) If, in accordance with clause 3.7(a), Ador Living returns the Goods to stock or otherwise sells the Goods, Ador Living will issue a Store Credit to the Customer for the following amounts:
(i) where the Goods are stocked (non-customised) items, the amount paid by the Customer to Ador Living for the Goods less any outstanding storage fees and a 20% restocking fee to cover Ador Living’s administrative and handling costs; or
(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinued stock) or have been customised to the Customer’s preferences, the amount paid by the Customer to Ador Living for the Goods less any outstanding storage fees and a 55% restocking fee to cover Ador Living’s administrative and handling costs.
3.8 Coco Republic’s liability
Subject to any Non-Excludable Rights:
(a) If for any reason Ador Living is unable to fulfil a Customer’s Order or deliver the Goods to the Customer by the estimated delivery date or the Dispatch Date or at all (in the case of a Delivered Order), the Customer will be notified and may (at its discretion) cancel the Order and receive a refund of the price of the Goods, Store Credit, or a Ador Living Gift Card for the value of the Goods;
(b) in all other cases, Ador Living will not be liable for any Loss incurred by the Customer where Goods (or any of them) are not made available for collection or delivered by the estimated delivery date, the Dispatch Date or at all.
4.2 Title to the Goods passes to the Customer on payment in full of the Price for the Goods, and all other amounts payable by the Customer to Ador Living on any account whatsoever.
(b) All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.
(c) The prices listed on the Website are subject to change from time to time without notice. It is the Customer’s responsibility to check Ador Living’s prices on the Website prior to placing an Order.
(d) The Price for Goods ordered is fixed from the time that the Customer’s Order is accepted by Ador Living. Any subsequent price fluctuations will not be retroactively applied to confirmed Orders.
(e) Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between Ador Living and the Customer, the Customer must pay the Price in the following instalments:
(i) a deposit at the time of purchase which will be equal to 55% of the total Price of the Goods purchased by the Customer (Deposit); and
(ii) the balance of the total Price of the Goods purchased by the Customer within 10 Business Days after the Ready Date, but no later than 1 Business Day before the Dispatch Date (Balance Payment Date).
(f) The Customer acknowledges and agrees that it must pay the Price in full by the Balance Payment Date. Unless otherwise agreed in writing between the parties, Ador Living may withhold collection or delivery of the Goods until the Customer has paid the Price in full.
(g) If the Customer has not paid the balance of the Price by the Balance Payment Date and does not rectify this failure within 10 Business Days after receiving notice of the failure from Ador Living, Ador Living may cancel the Order and, subject to clause (h), the Customer shall forfeit the Deposit.
(h) Despite clause (g):
(i) if Ador Living returns the Goods to stock or otherwise sells the Goods Ador Living will issue Store Credit to the Customer for the amount of the Deposit paid by the Customer to Ador Living for the Goods less a restocking fee equal to 20% of the Price of the relevant Goods, to cover Ador Living’s administrative and handling costs; and
(ii) where the Goods are no longer able to be returned to stock (including clearance, ex-display and discontinuted stock) or have been customised to the Customer’s preferences, the Deposit will be forfeited in full.
6.1 Ador Living may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage
6.2 The Customer may not cancel an Order after it has been accepted without Ador Living’s consent, which consent will only be granted in extremely limited circumstances at its discretion;
6.3 Ador Living will not under any circumstances consent to an Order cancellation or provide any refund or exchange in respect of:
(a) Goods that are ex-rental products, clearance products or floor stock products; or
(b) Goods that are customised to the Customer’s preference or are otherwise non-stock or bespoke products.
6.4 If Ador Living consents to an Order cancellation, the Customer acknowledges and agrees that if the Order contains Goods which are stocked (non-customised) items, the Customer will receive Store Credit for all amounts paid to Ador Living towards those Goods, less a 20% restocking fee to cover Ador Living’s administrative costs and other expenses incurred in handling and cancelling the Order.
(a) The Australian Consumer Law provides Consumers with a number of Non-Excludable Rights. This clause 8 is therefore to be read as subject to such Non-Excludable Rights, and will not apply to the extent that it excludes, restricts or modifies those Non-Excludable Rights or is otherwise contrary to law.
(b) The following specific mandatory text applies to Consumers:
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure
8.2 Defective Goods
(a) The Customer must, as soon as possible after collection or delivery of the Goods (as applicable), check whether the Goods are Defective Goods when delivered. If a defect is identified, the Customer must immediately stop using the Goods.
(b) Ador Living will not be liable for any Defective Goods unless the Customer notifies Ador Living with full details and a description within the period from the time of collection or delivery (as applicable) within which it would be reasonable to expect the relevant defect to be identified or become apparent (Defect Notice), otherwise the Customer is deemed to have accepted the Goods.
8.3 Process for making a defect claim
(a) All Defect Notices are to be given to the Ador Living Concierge Care Team by calling 1300 000 xxx or by email via productsupport@adorliving.com.au.
(b) Ador Living will, upon receipt of a Defect Notice, contact the Customer to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Customer how Ador Living will remedy the relevant defect. Ador Living may, at its discretion, request further information or assistance from the Customer for the purposes of making this determination, including arranging for a virtual and/or physical inspection of the Goods, and the Customer must promptly comply with all such requests.
(c) If Ador Living requires the return of the Goods for the purposes of assessing a Defect Notice or providing a remedy under this clause, Ador Living will bear the reasonable delivery costs of any such return, provided however that if Ador Living subsequently determines after receiving and inspecting the Goods (acting reasonably) that the Goods are not Defective Goods, the cost of return (and any re-delivery to the Customer) will be charged to the Customer.
(d) Defective Goods claim may become void if the goods are located outside of Ador Living’s Serviceable Area.
8.4 Remedy for Defective Goods
If Ador Living determines, acting reasonably, that the Goods are Defective Goods, Ador Living will, in its sole discretion, provide the Customer with one of the following remedies:
(a) a repair of the Goods;
(b) a refund of the cost of the Goods; or
(c) a replacement of the Goods with goods that are at least equivalent to the original Goods in function and quality. When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replacement item becomes the property of Ador Living.
(a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time;
(b) expand, contract or distort as a result of exposure to heat, cold, weather;
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
9.2 Subject to clauses 8 and 13 of this Agreement, and any Non-Excludable Rights, while Ador Living will make every effort to match samples of the Goods to the Goods supplied, Ador Living accepts no liability whatsoever where the Goods supplied differ to samples of the Goods due to the Materials used to produce the Goods. For the purpose of this clause samples include items on display in any of Ador Living’s showrooms or online on its website.
9.3 Any advice, recommendation, information, assistance or service provided by Ador Living in relation to Goods supplied is given in good faith and, subject to any Non-Excludable Rights, shall be accepted without liability on the part of Ador Living and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods.
11.2 Unless otherwise stated, any amount specified in the Contract as the consideration payable for any taxable supply includes any GST payable in respect of that supply.
11.3 Each party agrees upon request to do all things, including providing valid tax invoices and other documentation that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with the Contract.
11.4 If an adjustment event arises in relation to a taxable supply made by a party under this Contract (supplier), the amount paid or payable by the party to whom the taxable supply is made (recipient) will be amended to reflect this and a payment will be made by the recipient to the supplier or by the supplier to the recipient, as the case may be.
12.2 Using Store Credit
(a) Store Credit may be used to purchase Goods at any Ador Living showroom in Australia. At this time Store Credit cannot be used to purchase Goods on the Website.
(b) If a Customer’s Store Credit exceeds the total amount of the Customer’s Order, the remaining balance of the Store Credit will be automatically updated.
(c) If a Customer’s Order exceeds the value of the Store Credit, the Customer must pay the remaining balance of the Order by an alternative form of payment.
(d) A Customer cannot exchange Store Credit or any part of it for cash.
12.3 Cancellation and expiry of Store Credit
(a) Store Credit is valid for thirty six (36) months after the date it is issued.
(b) Any balance remaining on the Store Credit after its expiry will be forfeited and will automatically become the property of Ador Living.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
13.2 Definitions
In this clause 13:
(a) Commercial Use Furniture means Goods acquired by the Customer for a business or commercial use, where the sales document provided to the Customer states that a Commercial Use Furniture Warranty applies;
(b) Ex-Rental Stock means Goods which are second-hand, used or ex-rental, where the sales document provided to the Customer states that an Ex-Rental Stock Warranty applies;
(c) Extreme Use means any damage caused to Goods which are outside of normal wear and tear, including spills from acids, solvents, dyes or other corrosive materials, ink, pant or bodily fluids, moisture of any kind, improper cleaning techniques or placing Goods outsides in close proximity to heat or in direct sunlight;
(d) Factory Second Stock means Goods which contain a fault or imperfection (e.g. cosmetic issues like scratching or denting) or are ex-display models or floor stock and thus sold at a reduced price, where the sales document provided to the Customer states that a Factory Stock Warranty applies;
(e) Furniture means Goods described as furniture acquired by the Customer, but excluding any Outdoor Furniture, Upholstered Furniture or Commercial Use Furniture;
(f) Lighting & Homewares means Goods described as lighting or homewares acquired by the Customer, but excluding any light globes;
(g) Outdoor Furniture means Goods described as outdoor furniture acquired by the Customer;
(h) Structural Warranty means a warranty for defects in the frame or internal structure of Goods, and excludes any defects in the surface, decoration, fabric, cracks or finish of Goods; and
(i) Upholstered Furniture means Goods described as upholstered furniture acquired by the Customer.
13.3 Limited warranty
In addition to any rights the Customer may have under this agreement and the Australian Consumer Law, and subject to the exclusions set out in clause 13.4, Ador Living provides the following limited warranties:
(a) a Structural Warranty for Furniture for 5 years (or 1 year for Furniture Ex-Rental Stock or Furniture Factory Second Stock);
(b) a Structural Warranty for Outdoor Furniture for 2 years (or 1 year for Outdoor Furniture Ex-Rental Stock or Outdoor Furniture Factory Second Stock)
(c) a Structural Warranty for Commercial Use Furniture for 2 years (or 1 year for Commercial Use Furniture Ex-Rental Stock or Commercial Use Furniture Factory Second Stock)
(d) a Structural Warranty for Lighting & Homewares for 1 year (including for Lighting & Homewares Ex-Rental Stock or Lighting & Homewares Factory Second Stock);
(e) a Structural Warranty for Upholstered Furniture for 1 year (including for any Upholstered Furniture Ex-Rental Stock or Upholstered Furniture Factory Second Stock), which will apply to any compression or expansion from polyurethane foam and feather inserts, but will not apply to feather inserts;
13.4 Exclusions
Subject to any Non-Excludable Rights that may apply to the Customer, the warranties listed in clause 13.3 do not apply in relation to:
(a) Goods that are located outslide of Ador Living’s Serviceable Area (apart from any Goods that Ador Living agreed to deliver to a Customer outside of the Serviceable Area under clause 3.1(c), provided those Goods remain located at the original delivery location);
(b) Goods which, by their nature or design, can be expected to exhibit minor flaws or variations, for example Goods which are designed to be of a rustic nature where surface details may vary from the imagery or display model;
(c) defects or damage resulting from the Customer’s negligence, abuse or misuse of the Goods, including inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed or for any ordinary wear-and-tear;
(d) the fabric or leather coverings of Goods, or Goods made up of cane or wicker, unless the sale document provided to the Customer expressly states that a warranty will apply;
(e) any failure by the Customer to follow the Ador Living Care Instructions (located here) or manufacturer’s instructions or specifications;
(f) any damage caused by a transport carrier engaged by the Customer directly (except where pre-approved or expressly recommended by Ador Living);
(g) any Extreme Use; or
(h) any damage caused by work carried out on or in respect of the Goods by a contractor or third party (except where pre-approved or expressly recommended by Ador Living).
13.5 Claiming under this warranty
(a) If a defect appears in Goods covered by this warranty during the relevant warranty period, the Customer must stop using the Goods immediately.
(b) To make a claim under this warranty, the Customer must contact Ador Living using the details set out in clause 19. Once the Customer’s claim is received by Ador Living, a representative of Ador Living will help to determine, acting reasonably, whether the warranty claim is valid and, if it is, will inform the Customer how Ador Living will honour it.
(c) After the Customer lodges a warranty claim, Ador Living may, before providing warranty service, require the Customer to provide proof of purchase details, to respond to questions designed to assist with determining potential defaults and to follow Ador Living’s procures for obtaining warranty service, which may include a physical or virtual inspection of the Goods. The Customer must respond to all requests promptly.
(d) Subject to any Non-Excludable Rights that may apply to the Customer, Ador Living will bear the reasonable delivery cost of any required returns under this clause, however if Ador Living determines after receiving and inspecting the Goods that the the Customer does not have a valid warranty claim, the cost of return (and any re-delivery to the customer) will be charged to the Customer.
13.6 Remedies
Subject to any Non-Excludable Rights that may apply to the Customer, if the Customer submits a valid claim under clause 13.5, Ador Living will, at its option:
(a) repair the Goods;
(b) refund the cost of the Goods; or
(c) replace the Goods with goods that are at least equivalent to the original Goods in function and quality. When Goods or a component of the Goods are replaced, any replacement item becomes the property of the Customer and the replaced item becomes the property of Ador Living.
13.7 Separate or additional warranties
If a separate or additional manufacturer’s warranty applies to the Goods purchased by the Customer, Ador Living will advise the Customer of its details and provide all further assistance and information that may be required to allow the Customer to claim under such warranty.
14.2 Except only for those rights and remedies that the Customer has in respect of the Goods under the Australian Consumer Law which cannot be lawfully excluded, restricted or modified:
(a) Ador Living excludes any liability for Consequential Loss;
(b) All conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Goods; and
(c) Ador Living is not liable to the Customer for any Loss which the Customer suffers, incurs or is liable for in connection with supply of the Goods under the Contract except in accordance with this clause 14.
15.2 Where Force Majeure prevents or delays Ador Living from performing any obligation under the Contract, the requirement to perform that obligation is suspended as long as the Force Majeure continues.
(a) “Ador Living” and “Ador Living Furniture” are the trading names for Mathison Pty Ltd (ACN 674 495 633). All references to Ador Living include a reference to all of its related entities, authorised licensees and agents.
(b) “Ador Living Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Ador Living.
(c) Under Australian and international law, the material on our Website, including all pages, graphics and services, is subject to copyright. You must not:
(i) unlawfully use any of our copyright material;
(ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site or;
(iii) use the Ador Living Trade Marks without our prior written consent.
16.2 Unacceptable content
(a) To ensure that using the Ador Living websites is a pleasant experience for everyone, you are prohibited from posting or uploading any material on the website that:
(i) violates any laws or is false or misleading;
(ii) is threatening, abusive, defamatory, obscene or indecent;
(iii) infringes any third-party rights including copyright, trade marks or other intellectual property rights;
(iv) distributes viruses or any other technologies that may harm the Ador Living websites, the interests or property of Ador Living users;
(v) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
(vi) copies, modifies, or distributes any other person’s content without their consent;
(vii) uses any robot, spider, scraper or other automated means to access the Ador Living websites and collect content for any purpose without our express written permission;
(viii) harvests or otherwise collects information about others, including email addresses, without their consent;
(ix) bypasses measures used to prevent or restrict access to the Websites.
16.3 Comments and content
Ador Living invites you to engage in vibrant and lively discussions in our comments section(s). However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Ador Living websites are constructive and civilised. Ador Living has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites. If you find any content that is objectionable please contact the Ador Living Privacy Officer, whose details are listed below.
16.4 User generated content
(a) If you upload content, you agree to
(i) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(ii) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(iii) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Ador Living websites is capable of a breach of the Australian Consumer Law.
(iv) If you post materials to or links from the Websites that infringe any third party rights, you will indemnify Ador Living against any loss, liability, damage, cost (including Ador Living’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
16.5 Copyright Assignment
You agree to assign copyright in all original content that you post on the Websites to Ador Living and its partners, and agree to formally record such assignments when required. Ador Living and its partners retain the copyright on all content, design and artwork produced for the Websites.
16.6 Consent
If you upload photographs, audio or video recordings of yourself, you consent to give Ador Living and our partners the right to use these photographs and recordings in the production of the Websites. You will further allow Ador Living and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
16.7 Disclaimers
You acknowledge and agree that:
(a) Neither Ador Living nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of the Websites. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers;
(b) You use the Websites at your own risk;
(c) Neither Ador Living nor its related companies represent or warrant:
(i) that your use of the Ador Living websites will meet your requirements;
(ii) that your use will be uninterrupted, timely, secure or free from error;
(iii) the accuracy of any information obtained by you as a result of your use of the Ador Living websites, and
(iv) that defects in the operation or functionality of any part of the Ador Living websites will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(e) Subject to these Terms and any Non-Excludable Rights, Ador Living excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
16.8 Third party websites
Our websites may link to third party websites which are not owned or operated by Ador Living. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
Contacting our Privacy Officer
Privacy Officer
Ador Living
300 Collins Street
Melbourne VIC 3000
Email: privacyofficer@adorliving.com.au
18.2 In these Terms, the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’ unless there is express wording to the contrary.
18.3 If a provision in these Terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision of any other provision of these Terms.
18.4 The Customer and Ador Living are not and are not taken to be in a partnership, joint venture, employment or fiduciary relationship. Nothing in this agreement gives a party authority to bind the other party in any way.
Ador Living Concierge
Email: concierge@adorliving.com.au
Post: 300 Collins Street, Melbourne VIC 3000