Terms of service
About These Terms and Conditions
In these Terms and Conditions "we" and "us" mean Mykal Elder, a sole trader trading as Rug Emporium (ABN 27 347 225 730), based in Perth, Western Australia, and "you" means you, the customer. These Terms and Conditions, together with our Refund Policy, Shipping Policy and your Order, form 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. Where We Deliver
1.1. We sell and deliver Products only within Australia. Delivery areas, times and any delivery fees are set out in our Shipping Policy.
2. Legal Capacity To Transact
2.1. You must be eighteen (18) years or older to place an order with Rug Emporium. By accepting these Terms and Conditions you confirm that you are 18 or older.
3. Placing Your Order
3.1. When you place an order, we will email you an Order Confirmation with your order number.
3.2. By placing an order, you make an offer to purchase the Products you have selected on these Terms and Conditions. Information on our website is an invitation to treat and not an offer to supply.
3.3. We accept your order when we email you to confirm it has been dispatched. Before then, orders may be checked to help prevent payment fraud.
3.4. We may refuse or cancel any order at our discretion, including where a Product is unavailable or has been listed with an incorrect price. If we cancel an order after payment, we will refund you in full.
4. Payment
4.1. We accept the payment methods shown at checkout. Payment is taken when you place your order.
4.2. We may ask for further information to verify an order. If we cannot verify an order within 7 days, we may cancel it and refund your payment in full.
5. GST and Invoices
5.1. Rug Emporium is not registered for GST. Our prices do not include GST, and the invoice emailed with your Order Confirmation is a receipt, not a tax invoice.
6. Prices and Delivery Costs
6.1. All prices are in Australian dollars. We may change prices at any time before you place an order.
6.2. The cost of standard delivery is built into the price of every rug. Delivery is free to most addresses in Australia. Some regional and remote postcodes attract a delivery fee, which is shown at checkout before you pay.
6.3. Because delivery is included in the price, the cost of delivering your rug to you is not refundable on change-of-mind returns, as set out in our Refund Policy.
7. Delivery
7.1. Estimated delivery times are set out in our Shipping Policy and are in business days (Monday to Friday, excluding public holidays). We make every reasonable effort to meet these estimates but cannot guarantee them, as delays can occur for reasons outside our control.
7.2. We deliver to the address on your Order Confirmation unless we agree otherwise. If your order has not arrived within the estimated time, please contact us.
8. Consumer Guarantees
8.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions excludes, restricts or modifies those guarantees.
8.2. For a major failure, you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
8.3. If you believe a Product is faulty or was damaged in delivery, please email us with your order number and photos so we can assess your claim and arrange a remedy.
9. Returns and Refunds
9.1. Change-of-mind returns and exchanges are governed by our Refund Policy, including the return window, restocking fee, deduction of the original delivery cost and return freight. Complaints about colour or appearance are treated as change-of-mind returns where the SKU on the label of the rug received matches the rug purchased.
9.2. To start any return, you must email us at hello@rugemporium.com.au and receive a Return Authorisation before sending anything back. Products returned without a Return Authorisation may not be accepted.
9.3. For change-of-mind returns, you may use the courier we book at our best available rate, or arrange your own tracked courier to the return address we provide, as set out in our Refund Policy.
9.4. Change-of-mind returns must be unused, in a re-saleable condition and in their original packaging. If a returned rug is not in re-saleable condition, we may decline the return and send the rug back to you at your cost.
9.5. When a refund or replacement is provided, the returned Product becomes our property, and any replacement Product becomes yours.
9.6. Where we provide a replacement for a faulty Product, we will send it at our expense once the faulty Product has been collected.
10. Our Liability
10.1. Subject to clause 8 and to the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of income, profits or contracts, however caused.
10.2. Subject to clause 8 and to the extent permitted by law, our maximum liability for any Product is limited to the amount you paid for that Product.
11. Your Privacy
11.1. We collect and use your personal information to process and deliver your order and, if you opt in, to send you marketing. Please see our Privacy Policy for details.
12. General
12.1. If any part of these Terms and Conditions is found to be invalid or unenforceable, the rest remains in effect.
12.2. A failure by either party to enforce a term is not a waiver of that term.
12.3. We may update these Terms and Conditions at any time. The version published when you place your order applies to that order.
13. Force Majeure
13.1. To the extent permitted by law, we are not liable for any delay in performing our obligations caused by circumstances beyond our reasonable control, and we are entitled to a reasonable extension of time to perform them.
14. Governing Law
14.1. These Terms and Conditions are governed by the laws of Western Australia and are subject to the non-exclusive jurisdiction of the courts of Western Australia.