Terms & Conditions of Online Sale – Australia Only
Here at Tait, we pride ourselves on making Australian Designed Outdoor Furniture, lovingly made by hand, and meant to last a lifetime. As a valued customer of Tait, we would like you to be familiar with our trading terms, to ensure that your Tait experience is a satisfying one. Please feel free to speak with one of our sales consultants if you have any further questions.
1. About Tait
(2) Tait Enterprises Pty Ltd ABN 76 064 976 389 (trading as “Tait Enterprises”), of 1 Milne Street, Thomastown VIC 3074 (“us”, “our”, “we”, “Tait”), carries on business from the website.
(3) The goods and services described in this website are available from Tait Australia only.
(4) You and Tait may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Tait via the website, to purchase the goods and services at the specified price, subject to these Terms.
(5) The Tait logo and words are registered trademarks of Tait Enterprises and used under a limited license by Tait.
(6) In these terms:
(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;
(b) reference to a “third party” in these terms includes a reference to any agent or contractor of Tait or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of orders made through the website, and includes any of them;
(c) a reference to the “website” means www.madebytait.com.au
(d) “Order” means an offer made by you in response to an invitation to treat made by Tait via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Legal Capacity
(1) You must be eighteen (18) years of age or over to purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgment by you that you:
(a) are over the age of eighteen (18) years;
(b) accept these terms;
(c) agree that you have entered into a legal contract with Tait in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and Tait for the supply of products.
(3) Tait reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Tait may suffer as a result of a transaction entered into by a minor.
4. General Information
(1) Product Images are for illustrative purposes only and may vary from products depicted or described.
(2) Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor.
5. Website Content
(1) Tait may, at any time, add or remove content from this website without notice.
(2) Any articles, information or content published on this website must be read subject to these Terms and Conditions.
(3) Although Tait uses its best endeavours to confirm the accuracy of any information, photographs and product renders published on this website, you agree that Tait cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Tait by its suppliers.
(4) The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
(5) Neither Tait nor any third party will be liable for any errors in content, or for any actions you take in relying on them. Neither you nor any other person may hold Tait liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
6. Advice and Technical Information
(1) Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Tait in relation to any product(s) is given in good faith and is believed by Tait to be appropriate and reliable at the time it was given. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Tait in relation to any products supplied by Tait is approximate only.
7. Intellectual Property Rights
(1) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by Tait.
(2) The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website as at October 2014 are owned by Tait Enterprises Pty Ltd ABN 76 064 976 389.
(3) You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior written consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.
(4) Many Tait products are the subject of registered design and/or patent protection. You may not without written permission from Tait or any relevant rights holder, use the design or any substantially similar to it. Tait takes the protection of its intellectual property rights seriously and expressly reserves its rights in relation to those products.
(5) Some Tait products may be covered by Copyright protection as artistic works and works of artistic craftsmanship. You may not without written permission from Tait or any relevant rights holder, use the Copyright in any of those works or any work substantially similar to it. Tait takes the protection of its intellectual property rights seriously and expressly reserves its rights in relation to those works.
(6) The getup and trade dress of the Tait website is owned by Tait. You may not, without written permission from Tait, use any of the trade dress or getup to represent that any product is from Tait.
(7) Some of the signs on the website are registered and unregistered trade marks. You may not without written permission from Tait, use any of the trade marks, registered or unregistered, without written permission from Tait.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Once an Order has been accepted, no cancellation of that Order is valid.
(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.
(4) Representations of products for sale made by Tait via the website do not constitute an offer to sell but an invitation to treat.
(5) You and Tait may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(a) placing an electronic Order for the products using the website;
(b) you confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by Tait.
(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) Tait receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(7) You acknowledge that:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Tait for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, Tait is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(c) Tait may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) Tait may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(8) You will receive an email from Tait as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at [email protected]
(9) If your Order is not accepted by Tait, Tait will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(10) Tait may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(11) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Tait cannot supply a particular product, Tait will notify you by telephone or email as soon as possible.
(12) Tait will deem to have accepted your Order by email of an Order Confirmation for the sale and the fulfillment of your order.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Tait.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to delivery.
(2) Payments may be made via the eWay secure payment gateway facility or as a direct bank transfer into Tait bank account accessible via the website and will be subject to any terms and conditions of these providers.
11. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by Tait, Tait will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. Tait will endeavour to deliver your Order within the lead-time indicated at the time your order was placed. You agree that your Order for any customised furniture item may take up 28 days, plus delivery from the date you place your order. This timeframe is the average manufacturing lead-time required by Tait. Tait will contact you on receipt of your Order to notify you of the indicative delivery date.
(3) Other than in respect of Orders for furniture, or deliveries to regional or remote areas, if Tait gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Tait will arrange for a full refund of any payment made by you to be processed.
(4) Delivery times may be greater than 10 business days for regional or remote areas.
(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(6) Delivery times will be arranged with you in advance. If you are unable to accept delivery of your customised product a storage fee may be payable. Storage fees will be applied on a weekly basis until delivery has been completed and are payable prior to final delivery.
(7) If there is no one available to accept delivery on the pre-arranged delivery date, transport and re-delivery costs will apply.
(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Tait’s premises.
(9) Tait offer Free Delivery for orders placed through the Tait webshop at www.madebytait.com.au. Free Delivery is offered on all Retail orders and excludes Commercial sales. Products purchased online can only be delivered within Australia. Tait reserves the right to make changes to these terms without notice.
12. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On acceptance of your Order by Tait, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.
(4) If you Order large or bulky items, Tait will contact you by telephone or email to arrange with you a suitable time for delivery.
(5) You will be required to be available in person to accept delivery of your Order.
(6) If you wish to change the delivery date or delivery address you must contact us at [email protected] at least 48 hours prior to the dispatch of your Order.
(7) Tait will endeavour to deliver your Order within any stated timeframes for dispatch, however Tait does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8) You must advise at the time you place your Order via the website or later when you discuss delivery with Tait, of any difficulties that may be involved in the delivery (such as stairs, lifts and lift capacity or narrow entries).
(a)If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(b)Any additional costs in relation to access into your premises, e.g. crane, are your responsibility.
(c) If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery.
(d) In addition, the above storage charges will apply.
(9) Tait cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
(10) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.
13. Title and Risk In Goods
(1) Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
14. Secure Payment
(1) The website employs the latest in secure payment processing via the eWay payment gateway. eWay secure and protect customer and credit card data with military-grade software and servers. The eWay site is audited daily to eliminate vulnerabilities. Data is encrypted with Thales devices to offer the highest level of protection available.
(2) To the extent permitted by law, Tait will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card is fraudulently used or is used in an unauthorised manner.
15. Disclaimers and Indemnity
(1) To the extent permitted by law, Tait exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Tait and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Tait including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.
16. Order Enquiries
If you have any query about the progress of your Order please contact us at [email protected] Please have your Order number handy as shown on the email confirmation.
17. Returns Policy
(1) Tait will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Order, unless we choose to do so in our sole discretion.
(2) If we do accept a return of your Order, you agree to arrange return of the Goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the Goods in their original condition, in their original unopened and sealed packaging, accompanied by the original Order receipt or another form of proof of purchase.
(3) You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonable believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the Goods.
(4) Tait do not offer exchange or credit note on custom made furniture or custom made soft furnishings unless the item is faulty, significantly different from what was shown to you, or in breach of manufacturer’s warranties or consumer guarantees or where otherwise required by law.
(5) Where an item is found to be faulty, Tait will provide a replacement along with the necessary service and support.
(6) Tait reserves the right to make changes to these terms and conditions without notice.
18. Returns, Credit Notes and Refunds
(1) In accordance with Tait’s Return policy, where you as the customer decide within the first seven (7) days after delivery that you wish to return the product for any reason, you must:
(a) notify Tait of your desire to return the product.
(b) retain all original packaging and wrap the product in a safe and secure manner so that it may be returned to Tait without damage, or without further damage in the event that damage to the product(s) has already occurred.
(c) where the original packaging is either damaged or no longer suitable to protect the product once shipped, you as the customer must arrange by whatever means to have the product(s) safety and securely wrapped.
(d) once appropriately wrapped, you as the customer shall arrange for a person to be available to allow the delivery company to be able to pick up the product(s) being returned.
(e) pay for the return shipping costs.
(2) Where you as the customer decides to return the product(s), Tait must:
(a) coordinate with the you as to a suitable time for the product(s) to be picked up by the shipping company once the product(s) are ready and available for pick up.
(b) provide you a credit note equal to the amount paid for the product(s) less the applicable return delivery charge once the returned product(s) have been received by Tait.
(3) In order to facilitate a return under these Terms and Conditions, e-mail [email protected]
(4) The customer must comply with directions from Tait staff to facilitate a return.
(5) It is the customer’s responsibility to ensure that returned items are returned safely. Tait takes no responsibility for items lost in transit.
(6) Tait does not provide refunds
19. Privacy and Personal Information
(2) The privacy of your personal information is important to Tait.
(3) Tait and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at [email protected] Personal information may include your name, residential and/or postal address, telephone number and email address.
(4) Your personal information is not collected if you only browse this website.
(5) Online payments are handled by eWay. Tait does not store your credit card or banking details. Please check the eWay website for details of their privacy policies and security measures.
(6) Tait may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Tait may use your email address to send you messages concerning any Orders you place and information about the products sold via the website that Tait thinks may be of interest to you. If you would prefer not to receive promotional or other material from Tait please let us know and Tait will respect your request. You also agree that Tait may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request Tait to remove your personal information from its database by emailing us at [email protected] or clicking ‘unsubscribe’ on any of our e-communications.
20. Force Majeure
Tait will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
21. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Tait makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Tait.
23. Transfers and Assignment
If Tait merges, sells or otherwise change control of its business or this website to a third-party, Tait reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Tait has collected from you and any agreements it has made with you.
The failure by Tait to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Tait.