This agreement is a contract between the customer (you) and the Forestvale Design Centre operating under David Hardy Holdings Pty Ltd ACN 109 244 546, 79 Dillons Road, South Bruny Island Tasmania (Forestvale Design Centre Online). These terms apply to the ordering, purchase and delivery of Goods from forestvaledesigncentre.com.au and form a contract between you and Forestvale Design Centre Online (Terms) as amended from time to time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability. The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third party delivery or shipping company (Australia Post and International affiliates) for the Forestvale Design Centre Online.
Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods.
Goods means the items offered for sale described or displayed on the website.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Forestvale Design Centre Online under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the website (including GST).
Returned Merchandise & Refunds Policy means the Forestvale Design Centre Returned Merchandise & Refunds Policy here.
Special Delivery means delivery of Goods that cannot be delivered by Standard Delivery such as large artworks or furniture.
Website means the sites available from http://www.forestvaledesigncentre.com.au
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our, Forestvale, Forestvale Design Centre means Forestvale Design Centre operating under David Hardy Holdings Pty Ltd (ACN 109 244 546).
You and Your means you as the purchaser of Goods from Forestvale Design Centre Online pursuant to these Terms.
2. Compliance with Terms and Conditions
You will be bound by these Terms when you submit an Order via the Website. Each order you place will be a separate contract between you and Forestvale Design Centre Online for the supply of Goods, under these Terms.
3. Placing Orders for Goods
3.1 An Order submitted by you is an Offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.
3.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only.
Quantity restrictions apply and these will be stated on the relevant product page, or in materials concerning the relevant promotion.
3.3 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient of gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.4 Forestvale Design Centre Online will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
3.5 You also agree to obtain consent to provide Forestvale Design Centre Online with personal details of recipients of gifts Ordered by you.
3.6 You may Order from Forestvale Design Centre Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
3.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. However, you can return Goods under the Returns Policy. You should check your Order carefully before submitting your Order. Goods can be returned under the Terms stated under Returns.
3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
4. Acceptance and rejection of Orders
4.1 Forestvale Design Centre Online reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by Forestvale Design Centre Online to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within 10 Business Days.
4.4 Forestvale Design Centre Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order and notify you of that rejection via phone or email within 10 Business Days.
5. Availability of Goods
5.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Forestvale Design Centre Online will use reasonable endeavours to either:
(a) source the Goods; or
(b) contact you within 10 Business Days to either:
(i) arrange a full or partial refund; or
(ii) come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods.
5.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Forestvale Design Centre Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
5.4. Forestvale Design Centre reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and Forestvale Design Centre Online will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the terms stated under Returns.
5.5 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, due to the handmade nature of some products, the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only.
(b) you have read any written description of the Goods on the Website before submitting your Order;
(c) due some the handmade nature of some Goods colours and designs as shown on the Website may vary slightly in real life; and
(d) where we provide dimensions and measurements in the descriptions of a Good , it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good);
6. Price and payment
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.
6.3 Forestvale Design Centre Online reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) the Delivery Fee.
6.5 You can pay for your Goods by any of the methods specified on the Order form on the Website.
6.6 Any payment for an Order must be cleared before Goods are despatched. If your payment cannot be processed, your Order will be rejected under and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an Order confirmation by email once payment has been processed.
Information regarding Returned Merchandise & Refunds under Forestvale Design Centre’s Returned Merchandise & Refunds Policy.
8. Shipping & Delivery
8.1 Forestvale Design Centre Online uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
8.2 Forestvale Design Centre Online cannot guarantee that delivery will occur in the delivery time frames specified by the Deilvery Agent; and
8.3 Forestvale Design Centre Online is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
9. Shipping & Delivery Fees
9.1 All orders are shipped using Australia Post and its International affiliates.
9.2 An automatic shipping calculator at the checkout determines cost based on the total package size and weight and current Australia Post rates.
9.3 We ship worldwide. However, you are responsible to pay any duty or taxes charged due to your countries import rules. Please contact us with further questions.
9.4 Where you purchase multiple Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), you will be required to pay both Delivery Fees, and you authorise Forestvale Design Centre Online to make such deductions from your nominated method of payment.
10. Supplier Direct Terms
10.1 Some Goods are supplied to you direct from our suppliers. These Goods are identified as such on the Website and different terms will apply to the delivery of those Goods as set out in this clause.
10.2 Our Direct Supplier has a 30 day return policy – no questions asked. If the product arrives in good condition, but the customer wishes to return it, you can ship it back to the Direct Supplier. Forestvale Design Centre will be notified when the Direct Supplier receives the return and a refund will be issued to you as per Forestvale Design Centre Refunds terms 7.0.
10.3 If the item is damaged upon arrival, the Direct Supplier will offer to replace it at no additional charge, however reserve the right to ask for the damaged item to be returned (but we rarely do). A full refund will also be issued if no replacement is desired. Our Direct Supplier Goods Return address will be issued when you contact us to organise your return.
11. Risk and title
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
13. Website Terms
See Forestvale Design Centre’s Website Terms of Service for further information.
Forestvale Design Centre Online reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(b) immediately if Forestvale Design Centre Online reasonably believes that you have breached these Terms and:
(i) that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
15.1 Forestvale Design Centre Online reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Forestvale Design Centre Online with respect to that Order.
15.2 Forestvale Design Centre Online may give notice to you by electronic mail. You may give notice to Forestvale Design Centre Online by electronic mail via this form.
15.3 The laws of Tasmania, Australia govern this agreement. Your transaction is deemed to have taken place at Forestvale Design Centre, 79 Dillons Road, South Bruny Island, Tasmania.
If you have any questions, please contact us on 0414 732 941 or email us we will be happy to assist you.