Two Design Lovers Terms and Conditions
Two Design Lovers Pty Ltd t/a Two Design Lovers (ABN 73 625 928 047)
1. About Two Design Lovers Online Store
Welcome to Two Design Lovers Online StorePlease read these terms carefully.Two Design Lovers offers products for sale to customers through the Two Design Lovers online store at WWW.TWODESIGNLOVERS.COM (“The Two Design Lovers Online Store”).
You and Two Design Lovers may enter into a sale contract for the sale and supply of products, by you making an offer for the relevant product via the Two Design Lovers Online Store, and purchasing the product at the price advertised on the Two Design Lovers Online Store.
Two Design Lovers will receive your Order and payment made via the Two Design Lovers Online Store.
Where Two Design Lovers accepts your Order, it will sell and deliver the products to you in accordance with these terms.
In these terms:
“you” or “your”, means anyone who visits and/or uses the Two Design Lovers Online Store.
“Order” means an offer made by you in response to an invitation to treat made by Two Design Lovers through the Two Design Lovers Online Store.
“us” or “we” or “our” is a reference to Two Design Lovers.
2. User Agreement
By accessing and/or using the Two Design Lovers Online Store, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the Two Design Lovers Online Store will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place.
You can review the most current version of the Terms of Service at any time on this page.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3. Legal Capacity
You must be eighteen (18) years of age or over to purchase products from the Two Design Lovers Online Store.
The Two Design Lovers Online Store only delivers products to delivery sites located in Australia.
Any Order and/or purchase made by you using the Two Design Lovers Online Store is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms
We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who places an Order.
You must choose carefully as refunds in full are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully review any Orders before adding them to your shopping cart and proceeding with your Order.
You may enter into a contract with us for the sale and supply of products by you making an offer via the Two Design Lovers Online Store to purchase a product at the price advertised on the Two Design Lovers Online Store by:
placing an electronic Order for the products using the Two Design Lovers Online Store;
you confirming the Order details in accordance with the procedure on the Two Design Lovers Online Store;
you making payment in full (including additional delivery and handling charges if applicable) on the Two Design Lovers Online Store; and
the acceptance of that offer by us.
When entering into a sale contract via the Two Design Lovers Online Store, you will be taken to have communicated your offer to purchase the products only when:
any requirements set out in these terms have been met;
the electronic instruction containing the offer from you enters and is recorded in our database;
a record is created and stored in our database; and
we receive in our account full payment from you for the product (including applicable delivery and handling charges) and confirmation of that payment is received by our database.
You acknowledge that:
the transmission of your Order or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties’ reasonable control;
to the extent permitted by law, we are not liable to you in any way for any loss or damage, arising directly or indirectly in connection with the transmission of an electronic instruction through the Two Design Lovers Online Store, or any failure to receive an electronic instruction;
we may act on and process all completed electronic instructions transmitted or issued through the Two Design Lovers Online Store without further consent from or reference to you; and
we may treat an electronic instruction as authentic and are 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.
When you place an Order, you will receive a confirmation email as acknowledgement of your Order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may at our sole discretion, accept or reject any Order made by you for any reason, including an error in the advertised price for, or description of, the products on the Two Design Lovers Online Store, or an error in your Order.
Until a contract for purchase is formed, we are able to refuse to accept your Order and you have the right to cancel your Order. In either case, we will refund to your original payment method any payment for the Order made by you. Once a purchase contract is formed, it cannot be cancelled. You may refer to our Returns policy for further information about returning a purchase.
We are not obliged to deliver the product to you until after a contract for purchase is formed. A contract for purchase will be formed when we advise you that your Order is ready to be shipped.
Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by email as soon as possible
For further information, please review Delivery and Return clauses.
Prices shown are in Australian dollars and include GST where applicable.
If you select our delivery service for your purchase, you are obliged to notify us if access to your location for delivery is restricted or in any way affected that would impact on the standard cost of delivery to you. Failure to notify material information may result in additional delivery charges. Additional delivery charges will be quoted to you for your acceptance if you request delivery to an address outside of our range of Sydney and Melbourne postcodes.
We will offer each product for the price listed on the Two Design Lovers Online Store for sale until sold, or where a date is specified, until the specified date.
Images of products shown without any advertised price beside that image are not offered for sale.
We reserve the right to correct any errors.
All payments must be made in full.
Payments for products through the Two Design Lovers Online Store can be made by Credit Card or PayPal.
7. Supply and Delivery
Subject to you complying with these terms and acceptance of your Order by us, we will sell and supply the products to you as shown on your Order confirmation.
Two Design Lovers requires that you or another responsible person sign for the delivery at the delivery address, unless other arrangements have been made in writing. In the event that you or another responsible person are unable to sign for the products on delivery, we will not deliver the products. You may be liable for a further delivery charge for second and subsequent deliveries.
When we advise you by email that your Order is ready to be shipped, we are accepting your Order and a contract for purchase is formed. From that point on you are not able to cancel your Order because of change of mind without forfeiting the full purchase price.
You acknowledge that the products on offer on the website may be located at a private address and the availability for collection may impact how quickly we can deliver your purchase to you. We aim to deliver within 7 to 21 days following your order but cannot be liable for a delivery outside of that estimated timeframe or for any loss, damage, cost, charge or expense arising from delayed delivery.
Our delivery partner will contact you using the information you have provided to us to arrange delivery. An estimated delivery date will be given which may be amended.
You must ensure you are able to take delivery of the product without undue delay. If delivery is delayed due to your unreasonable refusal to accept delivery we may charge you for our reasonable costs of storing the product and attempting delivery.
Delivery must be received in person by you or your representative. We assume that the person who accepts delivery at the appointed time and place is you or is authorised by you.
You must take care when opening, unpacking or unwrapping the product so as not to damage it, particularly when using any tools or sharp instruments.
If a product requires assembly by you, you must take care to follow the assembly instructions and not to damage it. If you are unsure how to assemble a product or if instructions have not been included, please contact us first for advice.
Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
8. Returning a purchase that has been delivered
Two Design Lovers operates in accordance with the Australian Consumer Law.
We offer products that are second hand and/or have minor defects and/or new. In using the site, you acknowledge that the available products are not in new condition and may have minor defects and of an inferior quality compared to the same product in new condition.
On the website the products are described and any known minor defects are noted or photographed. You must consider all of the information on a product listing. Photographs may provide a closer view of a defect as noted but are not solely the means of documenting a minor defect.
If you believe your delivered product is materially different from how the product was described on the website you must let us know by sending an email to firstname.lastname@example.org within 24 hours of receiving delivery. Any photos and description of the difference should be included in order to fully appraise us of your concerns.
If the product is found to be materially different from how it was described on the website, we will arrange for the product to be collected from you and then refund the price in full to your original payment method. You must reasonably assist us in arranging for the product to be collected from you.
If the product is not materially different from how it was described on the website, it is not possible to return the product with a full refund because you incorrectly estimated it would be fit for the purpose you intend, unless that intention has been communicated to us prior to the purchase.
Delivery must be received and signed for by you or your representative in person. On receipt of delivery, you (or your representative) must inspect your purchase as quickly as possible. If we do not receive any advice from you within 24 hours of delivery occurring, we may assume that you have accepted the purchase.
Once delivery has been accepted, we will not entertain any request to return a purchase with full refund on the basis of appearance.
Returns for Change of Mind. Under Australian law, we are not obliged to accept a return for change of mind. We will only accept a return for change of mind under the following conditions:
This Clause does not affect Clauses 8(4) and 8(7) with respect to timing of notification to us of a defect and the time for acceptance of delivery.
You notify us within 48 hours of receiving your delivery that you wish to return the product for a change of mind.
The product is returned in the same condition as described on the website.
You agree to pay both delivery to you and return delivery expenses as advised by us (in accordance with the amount billed by our delivery partner) in addition to a 20% restocking fee. The 20% restocking fee will generally be applied to all change of mind returns. We retain discretion to charge a lower restocking fee in particular exceptional cases.
We will arrange for the product to be collected from you and then as soon as possible refund the price less delivery expenses and restocking fee to your original payment method. You must reasonably assist us in arranging for the product to be collected from you.
The right to refuse a return for change of mind remains at our discretion and we shall exercise that discretion should we believe the circumstances warrant it.
9. Pick up in person
Where you opt to pick up an item in person, the following will apply:
You will first pay for the item in full via the Two Design Lovers website before receiving the contact details of the seller.
You will make mutually convenient arrangements with the Seller to collect the item.
You must carefully inspect the item prior to removing it from the Seller’s place. Subject to Clause 12 below, no discounts, refunds, exchanges or returns for change of mind will be allowed once you take the item.
If, on inspection, the item is materially different than what we have described, you should photograph the difference to appraise us of it and leave the item with the seller. You will be entitled to a full refund.
If, on inspection, the product is not materially different from how it was described on the website, it is not possible to obtain a full refund because you incorrectly estimated it would be fit for the purpose you intend, unless that intention has been communicated to us prior to the purchase and we warranted it to be so.
If, on inspection, you change your mind and no longer wish to proceed with the sale, you should leave the item with the seller. We will provide a refund with a deduction for the credit card or PayPal processing fee we have incurred.
10. Order Enquiries
If you have any query about the progress of your Order please contact us by email at INFO@TWODESIGNLOVERS.COM
11. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery.
12. Damaged or Faulty Products and Refund Policy
All products sold by Two Design Lovers are covered by the manufacturers’ warranty that accompanies the product, if applicable.
If any product ordered by you arrives damaged or is not of acceptable quality you may have:
legal rights and remedies in Australia under the Australian Consumer Law 2010 (ACL) and other rights under other consumer laws applying in each Australian State and Territory; and/or
to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
If the defect in the product constitutes a major failure within the meaning of the ACL you are entitled to choose between either a full refund or a replacement product. Any replacement products must be of the same type and value as the product purchased.
Your right to a replacement product is also subject to availability. If a replacement product is not available, we will provide you with a full refund.
Refunds will be made by electronic transfer to your nominated bank account only
If the defect in the product is a minor failure within the meaning of the ACL we may, at our absolute discretion, offer you either a full refund, a replacement product or to repair the product.
Please choose carefully as we will generally not provide you with a refund or exchange simply because you changed your mind.
If your Order arrives damaged, please contact us immediately at INFO@TWODESIGNLOVERS.COM
13. Disclaimer and Indemnity
To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage arising from your use of the Two Design Lovers Online Store including loss or damage you might suffer due to errors, mistakes or inaccuracies on the Two Design Lovers Online Store.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth), the ACL or equivalent State or Territory laws.
All products purchased by you from the Two Design Lovers Online Store are to be used solely for the purpose for which they are designed.
Under no circumstances will Two Design Lovers be liable for any loss or damage for non-delivery of a product or service. While we make every effort to ensure a product offered by a seller that is displayed on the website is available for purchase we do not provide any guarantee as such. Refer to our Refund Policy for further information.
14. The Two Design Lovers Online Store Information and Content
Photographs are for illustrative purposes only and may vary from the products depicted or described.
Two Design Lovers has sought to reproduce all colours as accurately as possible. However, there may be slight variations in colours between the images shown on the website and the final delivered product due to lighting conditions, your individual computer settings and other factors.
We may, at any time, add or remove content from the Two Design Lovers Online Store without notice.
Although we will use our best endeavours to confirm the accuracy of any information supplied to us by a third party, you agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by manufacturers or suppliers. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Information about products on this website is based on information provided to us by the seller and /or third-party merchants, suppliers and manufacturers. Except as required by the Australian Consumer Law we are not responsible for the accuracy or inaccuracy of this information.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
15. Your Use of the Two Design Lovers Online Store
You agree to use the Two Design Lovers Online Store only for purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
You agree that you will not engage in any activity that interferes with or disrupts the Two Design Lovers Online Store. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Two Design Lovers Online Store or features that prevent or restrict use or copying of any content.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
We may stop providing access to the Two Design Lovers Online Store to you, either temporarily or permanently without prior notice to you.
We may in our sole discretion terminate or restrict your access to the Two Design Lovers Online Store.
16. Links to Other Websites
The Two Design Lovers Online Store may contain links to other websites, content or resources, which are owned or operated by third parties. You access any linked websites at your own risk.
You must not link any site to the WWW.TWODESIGNLOVERS.COM
or the Two Design Lovers Online Store without our prior written permission.
17. Secure Data and Transmissions
We cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems. We do not warrant that your access to the Two Design Lovers Online Store will be uninterrupted, error free or that any defects will be corrected.
You must take your own precautions to ensure that the process which you use to access the Two Design Lovers Online Store or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
18. Intellectual Property Rights
You acknowledge that any intellectual property rights, including graphics, logos and trademarks on the WWW.TWODESIGNLOVERS.COM and the Two Design Lovers Online Store are owned by us, and must not be used in any manner without our prior written consent. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use them.
You may not modify or copy the layout or appearance of WWW.TWODESIGNLOVERS.COM, or the Two Design Lovers Online Store nor any computer software or code contained in WWW.TWODESIGNLOVERS.COM or the Two Design Lovers Online Store.
19. Privacy and Personal Information
The privacy of your personal information is important.
We may collect personal information directly from you when you place an Order on the Two Design Lovers Online Store.
Your personal information will not be collected if you only browse the Two Design Lovers Online Store.
You agree that we may use your email address to send you messages concerning your order and any newsletters you have subscribed to, such as “Updates”.
20. Force Majeure
We will not be liable for any delay in performing our obligations if such delay is caused by circumstances beyond our reasonable control.
21. Governing Law
These terms will be governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.
If any part of these terms are found to be void or unenforceable then those terms will be severed and the remaining terms will remain in force and constitute the agreement between you and us.
23. Transfer and Assignment
We reserve the right to transfer or assign the personal information, content and rights that we have in relation to you to any third party acquirer of our business.
Our failure to exercise or enforce any right under these terms will not constitute a waiver of any such right.
25. User Feedback
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.