About These Terms and Conditions
In these Terms and Conditions "we" and "us" mean Rug Emporium which represents the online brand(s) Rug Emporium of 14/6-8 Pinewood Avenue, Kardinya, WA, 6163, Australia, and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
1. Australian Sales Only
1.1. We sell and ship Products only within the mainland of Australia. We will not make deliveries outside of Australia and cannot service Tasmania.
2. Legal Capacity To Transact
2.1. If you are under the age eighteen (18) years you cannot place orders with Rug Emporium.
2.2. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years
2.3. Should Rug Emporium suffer any damage or other losses as a result of a transaction entered into by a minor, Rug Emporium reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Rug Emporium.
3. Placing Your Order
3.1. When you place your Order, we will issue you with an Order Number. We will do this by email.
3.2. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
3.3. Information contained on the Rug Emporium website constitutes an invitation to treat.
3.4. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Rug Emporium will make every effort to supply Products to you.
3.5.We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
3.6. Rug Emporium and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
3.7. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
3.8. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
4. Payment Methods and Processing
4.1. Rug Emporium currently accepts PayPal, Visa, MasterCard and American Express only.
4.2. Payment processing will not begin until we receive all the information we need.
4.3. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
4.4. Business days are Monday through Friday, excluding NSW Public holidays.
4.5. We process credit card and PayPal payments after you click the "Submit My Order" button.
4.6. Where you pay using BPAY you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
4.7. If a payment is not received within 7 days from the date that you receive your Order Confirmation, Rug Emporium reserves the right to cancel the transaction.
4.8. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
4.9. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
4.10. You may be required to provide further identification for additional security reference checks.
5.1 Rug Emporium purchases include GST where necessary.
6.1. Rug Emporium always seeks to list Products with the most competitive prices.
6.2. Rug Emporium reserves the right to change prices for Products displayed at Rug Emporium at any time before you place an Order.
6.3. Rug Emporium reserves the right to decline transactions subject to technical error.
6.4. The price of products shown excludes shipping costs.
6.5. Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
7. Delivery of Your Products
7.1. Rug Emporium makes every effort to deliver your Product according to the estimated delivery times.
7.2. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
7.3. Although every effort is made to deliver your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control.
7.4. If your Product has not arrived after the estimated delivery time, please contact us.
7.5. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation.
7.6. Where delivery is by our courier service and no-one is available to take delivery, we will contact you to arrange a suitable time and date for re-delivery.
7.7. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we cannot guarantee that we will deliver within this time frame.
8. "Your Account" - Your Credits
8.1. "Your Account" with Rug Emporium has a credit facility.
8.2. You may only use credits in "Your Account" as detailed here.
8.3. There are only three (3) types of Credit available for use in "Your Account". These include
8.4.1 Rug Emporium in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.
8.4.2. Coupons can only be used towards the payment of Products on our website.
8.4.3. Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon.
8.4.4. Rug Emporium will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
8.4.5. Where a Coupon is used towards the payment of a Product (or Products):
8.4.5(a) There may be an outstanding balance due on the Product; and
8.4.5(b) Where you hold any reward points within "Your Account", they must first be applied towards any outstanding balance due on the Product; and
8.4.5(c) In the event that you have insufficient (or no) reward points in "Your Account", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product.
8.4.5(d) In the event that you have insufficient (or no) reward points and/or Refund Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by PayPal, BPAY, Visa, MasterCard or American Express.
8.5 "Refunded Credits"
We may credit "Your Account" with a Refund Credit from time to time. Rug Emporium will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product".
8.5.1. Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:
8.5.1(a). Any (applicable) Coupon and/or reward points that may be in your in "Your Account" credit facility will first be applied towards payment of the Product (or Products);
8.5.1(b). In the event that (any applicable) Coupon and/or reward pointsare insufficient for full payment of the Product (or Products), your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products); and
8.5.1(c). Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
8.5.1(d). In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by PayPal, Visa, MasterCard or American Express.
8.5.2. Refunded Credits can be used towards a future purchase(s) or the full amount can be cashed out as a cheque refund.
8.5.3 To redeem your Refund Credits log in to "Your Account" and select "View Credit". You can then select "Cash Out Refund Credit".
8.5.4. In the event that Rug Emporium needs to reissue a Refund Credit cheque due to an incorrect name or address provided by you, or if a Refund Credit is misused, Rug Emporium will incur a cost of $12 to reissue the Refund Credit cheque.
8.5.5. This cost will be passed onto you as a reissue fee. In the event that a Refund Credit not exceeding $5.00 arises from an overpayment by you via BPAY, Rug Emporium will apply that amount as a credit on your account, unless you specifically request a cash refund from us.
8.6. Consumer Guarantees
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, visit the Australian Consumer Law website.
8.6.1. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund.
8.6.2. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- keep the goods and receive compensation for the drop in value caused by the problem.
8.6.3. If you think that a Product is defective you should contact our Customer Service Help Centre and a Rug Emporium Customer Service Representative will assist you.
8.6.4. A photo may be requested to assist with the assessment of your claim.
9. Returns & Refunds
9.1. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property.
9.2. When a refund is given, the returned Product becomes our property.
9.3. In order to facilitate a return under these Terms and Conditions, Customers must e-mail Rug Emporium directly.
9.4. The customer must comply with directions from Rug Emporium staff to facilitate a return.
9.5. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
9.6. If a returned item is found not to be re-saleable by Rug Emporium (at its sole discretion), Rug Emporium reserves the right to refund only 50% or less of the product price paid by the customer or choose to recollect the item at your cost.
9.7. Customers cannot organise shipping themselves and must use the shipping supplied by Rug Emporium.
9.8. Rug Emporium considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer which would not be expected in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
9.9. Due to environmental considerations, Rug Emporium does not pick-up furniture deemed, by Rug Emporium in its sole discretion, to be damaged or faulty beyond repair, and the customer is responsible for disposal (for example, by utilising publicly available hard-waste collection or disposal processes in the customers area).
10. Return Authorisation Number - A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to Rug Emporium within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
11. Organising the Return of Products
Products must be returned whenever we agree to provide you with a refund or replace the Product. Where you received a defective Product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RA which you must affix to the product. Where you have received a defective Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
12. When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned Product.
- The delivery time for the replacement Product will be the same as stated for the original Product.
13. Manufacturer Warranty
Some Products sold through Rug Emporium are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. Rug Emporium recognises that customers purchasing some products, require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a consumer guarantee Rug Emporium will provide a suitable remedy
14. Our Liability
To the extent permitted by law:
- We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
15. Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Rug Emporium Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Rug Emporium Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
16. Credit Card Fraud
While Rug Emporium employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Rug Emporium will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
17. Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Rug Emporium. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Rug Emporium reserves the right to change the Terms and Conditions of sale at any time.
No Rug Emporium employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
19. Force Majeure
To the extent permitted by law, Rug Emporium is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Rug Emporium, and Rug Emporium shall be entitled to a reasonable extension of time for the performance of such obligations.
20. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
Rug Emporium always seeks to list Products with the most competitive prices. Rug Emporium reserves the right to change prices for Products displayed at RugEmporium.com.au at any time before you place an Order. The price of products shown excludes shipping costs. Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
22. Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
23. Free Shipping Promotion
We Offer Free shipping to all capital cities and many cities within Australia. If you are located outside a capital city a shipping fee from your nearest capital city may be required. If a shipping fee is required you will be contacted prior to shipping, you can choose to continue or request your money back.