NATURALLY TIMBER WEBSITE
The Terms and Conditions govern the use of this website.
Naturally Timber reserves the right to amend these Terms and Conditions at any time without notice. We therefore encourage you to check this document regularly.
This website is provided on an “as is” basis. The information on this website is for general information only. While Naturally Timber has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. Naturally Timber does not accept any responsibility for any error, omission or defect in the information provided on this website. Use of any information from this website is at your own risk.
To the fullest extent permissible by law, Naturally Timber:
(a) Does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
(b) Does not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under the ASIC Act 2001 (Cth.) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of Naturally Timber) will Naturally Timber accept liability for any loss or damage whatsoever resulting from any use or access, or any inability to use or access the website.
You agree to indemnify and keep indemnified Naturally Timber in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Naturally Timber may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
All products offered for sale on this website or appearing on this website are the property of Naturally Timber and its contractors. Nothing contained on this website is intended to hold out any express or implied representation to you that any other person (including any manufacturer, designer, retailer or other organisation) has authorised or is in any way associated or affiliated with this website or the goods, products and services shown on this website or offered for sale by Naturally Timber. Specifications on this website are correct at the time of publishing but are subject to change without notice.
This website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Naturally Timber, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without Naturally Timber’s express consent.
Naturally Timber reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Naturally Timber will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Naturally Timber’s liability will survive such termination.
Naturally Timber assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as Naturally Timber may specifically direct otherwise, Naturally Timber does not authorise the content of those third party websites.
The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Naturally Timber for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Certain parts of the website may contain competitions or promotions from Naturally Timber or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Naturally Timber specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.
The Terms and Conditions are governed by and to be construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will
remain in full force and effect.
Naturally Timber makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
TERMS AND CONDITIONS OF SALE
Thank you for choosing Naturally Timber furniture.
The terms and conditions of sale below apply to all purchases of Naturally Timber products.
We, and similar expressions, refer to Naturally Timber Pty Limited (ABN 39060129400). You, and similar expressions, refer to you, our customer or proposed customer.
You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access. You must ensure correct delivery address details are provided to us and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date for any reason, our liability will be limited, at our option, to resupplying the goods at a different time or at a maximum, to the refund of the purchase price. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. Should an appropriate person not be available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs. You are responsible for ensuring there is adequate access and entry to the site to allow the delivery of the products
You may be liable for payment of storage fees for products that cannot be delivered on the estimated delivery date.
RISK AND TITLE
All risk and title in Naturally Timber products passes on receipt of full payment of the products by you.
Full payment by either cash, credit or direct deposit is required prior to delivery of the products.
Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges.
30% deposit is required on any custom design orders. Cancellation will forfeit this deposit.
20% deposit is required on all other orders. Cancellation will forfeit this deposit.
CANCELLATION OF ORDER
We do not refund or exchange if you change your mind. You agree to forfeit your deposit if you cancel your order. If you cancel your order after manufacture of your products has commenced, you agree to pay a cancellation fee up to the entire purchase price at our discretion.
VARIATIONS AND SPECIFICATIONS
Your product may exhibit different characteristics to the sample of showroom furniture. Timber furniture may vary in appearance and characteristics as timber grain, colour, gum pockets, scars are the hallmarks of solid timber. We reserve the right to change dimensions, design and construction according to our best judgment without prior notice.
The following only applies if you are a deemed “consumer” under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.
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. 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
If there is a defect in your Naturally Timber product that appears within the first 12 months, we will do the following:
- If a product has a minor defect, we will, at our option, repair it or offer you a replacement. It is the responsibility of the customer to return the goods to the place of purchase in the event that any items require service or repair.
- If a product has a major defect, you are entitled to:
- Receive an identical replacement, or one of similar value if reasonably available. It is the responsibility of the customer to return the goods to the place of purchase in the event that any items require service or repair.
In order to submit a claim for a defective product, you will need to (at your own expense) contact Naturally Timber Customer Service on 02 97439300 and send notice in writing to Naturally Timber 6 Melissa Street Auburn NSW 2144, or by email at email@example.com with details of your name, address, telephone number, Naturally Timber Invoice and product details, and details of the defect claimed.
You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Naturally Timber.
The customer will not knowingly allow any intellectual property belonging to Naturally Timber to be reverse engineered, pirated or copied or breached in any other manner. Naturally Timber may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Naturally Timber’s intellectual property rights.
We may collect personal information in connection with our dealings with you..
If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions continues to be enforceable and valid.
These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.