Terms of Service
In these Terms and Conditions, “we” “us” and “our” refers to Broomwood Enterprises Pty Ltd, ABN 36 156 212 029, trading as www.coolkidsrooms.com.au and its associates and officers, unless otherwise stated. These Terms and Conditions govern the supply by us of any product purchased by you on this site. Your access to this website and purchase of our product/s is provided subject to these Terms and Conditions.
Colours and Descriptions
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- When you place an order with us, this constitutes an offer to purchase. We undertake to accept or reject your order within 4 days for any reason. If we have not responded to you within 4 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase.
- In order to keep our prices reasonable, we do not stock all items advertised for sale on our website. Items of furniture made in Australia are manufactured to order and as such may take up to 12 weeks to deliver. Other furniture items are subject to availability of stock and, if in stock, may be delivered within two weeks.
- Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
- Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Payment in full will be made at the time of your order.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- All products are checked before they are despatched. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us within 5 days of receipt on email@example.com. All products must be returned within 14 days of receipt, unused, in the original packaging, labelling intact and with proof of purchase. We will provide either a replacement or refund. We will pay for the return shipping.
- We also undertake to refund or exchange any product purchased from us so long as it is returned unused, in the original packaging, labelling intact, with proof of purchase and in a saleable condition within 14 days of purchase. If products are returned to us for any reason, we will provide a refund or exchange (excluding any outward shipping charges which are not refundable). At our discretion, we will pay for the return shipping. Return of goods for refund or exchange is entirely at your cost and risk.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of goods to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods then we give you a warranty that at the time of supply of those goods to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Wholly or partly recompense you if they are defective.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication, which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than Thirty days, we may terminate this Agreement by giving at least Seven Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These Terms and Conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
- If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- We reserve the right to amend these Terms and Conditions at any time and your continued use of the website following any amendments will be deemed to constitute your agreement to be bound by these Terms and Conditions as amended. We therefore recommend that each time you access our website you read these Terms and Conditions.