1.1. All Terms and Conditions described below apply to you, (the “User”) and your use of the AOFS Website (the “Website”), and related networks, programmes, and processes, including online purchase of goods or services.
1.2. In browsing, ordering and/or purchasing through the Website, the User agrees to all Terms and Conditions, as described below.
2.1. In these Terms and Conditions:
Agreement refers to all terms and conditions, and includes terms related to orders placed by the User via the Website (where applicable).
Customer refers to the person or legal entity named in any quote, invoice or sales document issued by AOFS.
Delivery Cost includes all costs associated with delivery, as detailed in an Order.
Goods refers to all Products listed in an Order.
Intellectual Property refers to all rights associated with copyright, designs, images (including still images, audio and audio-visual media), logos, patents, trademarks, and trade names).
Material means any and all information (including, but not limited to, data, drawings, and source codes), and/or images in any form (visible or otherwise) that are in use, or stored, on the Website.
Pre-sale refers to the sale of Products in anticipation of the items being in stock at, or near to, the date of dispatch, as stated in the Product listing on the Website.
Products are any items listed on the Website (for sale or otherwise); the term includes extended warranties.
Website means the internet site located at aofs.com.au and operated by AOFS.
2.2. In the terms of the Agreement:
– any reference to the singular includes the plural;
– reference to any gender includes all gender descriptions;
– reference to any Act or statute includes any Act or statute which replaces, modifies, or supercedes any earlier Act or statute;
– reference to persons includes related corporate and incorporated bodies and associations, and vice versa;
– references to clauses are to clauses in this Agreement, unless otherwise specified.
– numbered paragraph headings are merely descriptive and for convenient reference only.
3.2. The User must ensure that access to, or use of, the Website does not contravene any laws or regulations that apply to the User.
3.3. The User must take all reasonable precautions to ensure that all means of accessing the Website do not expose the User’s computer system to the risk of damage as a result of viruses, malicious computer code or other forms of interference. AOFS accepts no responsibility for any such damage which might arise in connection with the use of the Website.
4.1. Prices listed on the Website are in Australian Dollars (A$), unless otherwise specified.
4.2. Prices listed on the Website are exclusive of all applicable taxes, unless otherwise specified.
4.3. All prices listed on the Website are subject to change without notice. Prices for items in an Order are fixed only when the Order has been confirmed. After an Order has been confirmed, no subsequent price changes, either upward or downward, will be applied.
4.4. When a Discount Code is entered, at the checkout stage, the relevant discount will be applied to the total cost of any Goods, but NOT to the associated Delivery Cost.
4.5. The Customer agrees to pay the delivery charges that have been calculated at the time of purchase, and listed in the Order confirmation.
4.6. Any offer of free shipping is made at the sole discretion of AOFS; the Customer might incur additional charges where delivery is to remote areas, as defined by AOFS.
4.7. AOFS reserves the right to refuse a sale.
4.8. Where a listed Product has a price with a cross line through, the price refers to a previous selling price.
5.1. All features and specifications of Products, as described or depicted on the Website, are subject to change without notice.
5.2. Listed dimensions and weights of Products are approximate.
6.1. To place an Order, the User must complete the Checkout Form on the Website and click the “Place Order” button. After the Order is placed, AOFS will issue an Order Number, via email. By placing an Order, the User/Customer makes an offer to AOFS to purchase selected Products, based on these Terms and Conditions.
6.2. Orders are deemed to have been received by AOFS at the time AOFS sends the Order confirmation to the Customer’s nominated e-mail address.
6.3. AOFS may use e-mail as its primary method of communication with Customers. It is the Customer’s responsibility to provide a correct e-mail address, and to check the associated e-mail inbox for correspondence.
6.4. Each Order (after confirmation) represents a separate agreement between AOFS and the Customer.
6.5. AOFS reserves the right to refuse, or to cancel, any Order that is a request for commercial quantities of Goods.
6.6. AOFS, at its sole discretion, may cancel a Customer’s Order, at any time before Goods are dispatched; this includes Orders for Products offered on a Pre-sale basis.
6.7. Where an Order is cancelled, any funds paid in relation to that Order will be returned, in full, as soon as reasonably practicable. The Customer will be notified, via e-mail, of the cancellation and the amount of the refund.
6.8. As part of its commitment to continuous improvement, AOFS reserves the right to alter specifications with regard to Goods, at any time, and without prior notice to the Customer. Such alteration does not entitle the Customer to cancel an Order, return Products, or otherwise avoid any obligations and/or liabilities under these these Terms and Conditions.
6.9. AOFS does not accept responsibility for Orders that are declined, or otherwise fail to be accepted, as a result of problems related to internet connections.
7.1. AOFS currently accepts online payment via Visa/Mastercard.
7.2. Payments will be processed immediately upon confirmation of a Customer’s Order; this includes payment for Products that are listed as Pre-sale.
7.3. If a Customer’s nominated payment method initiates AOFS internal protocols for suspect transactions, AOFS may contact the Customer, either to confirm further details, or to cancel the transaction.
8.1. All purchases via the Website are sent through a dispatch service (the “Service”), a service that is separate from the supply of Goods. The Service dispatches the Order to a third party carrier, and provides instructions to enable the carrier to deliver the Goods to the Customer.
8.2. After the Order has been dispatched by AOFS, as in 8.1, the dispatch service will be deemed to have been provided; AOFS will not then be obliged, in any circumstances, to refund the delivery fee paid by the Customer.
8.3. After Goods have been dispatched, as in 8.1: AOFS does not accept responsibility for delivery and/or time of delivery of Goods; it is the Customer’s responsibility to contact AOFS nominated carrier, to confirm the date and time of delivery, and to be available to take delivery, during business hours or as otherwise arranged in advance, according to the carrier’s instructions. The Customer will receive all information regarding delivery from a third party; AOFS will not, therefore, guarantee the accuracy of such information. AOFS will provide tracking information to enable the Customer to maintain contact with the carrier.
8.4. All parties acknowledge that shipping delays occur from time to time; AOFS does not accept liability for any loss and/or damage caused by such delays; neither, in such circumstances, will AOFS refund any amounts paid for the Order or delivery of the Order.
8.5. All parties acknowledge that Goods are occasionally damaged in the process of delivery by carriers. If this occurs, the Customer may contact AOFS, in accordance with Clause 9. In circumstances other than in accordance with Clause 9, AOFS will not be liable for any refund of payments, or for any damage caused thereby, or for any delays involved in carrying out the process outlined in Clause 9.
8.6. The scheduled date of dispatch listed on the website is a reasonable estimate, provided by AOFS and subject to change without notice. If the dispatch of a Product is delayed for more than 1 week, the Customers will be notified, via the e-mail address provided in the Order.
8.7. Goods will not be dispatched to PO Box addresses.
8.8. Upon signing for delivery of the Goods, the Customer accepts title and risk with regard to the Good. All Goods as listed on the order shall be deemed to have been received in good order and condition and without shortage unless notified in writing to the contrary within 10 days of delivery.
8.9. If the Customer provides written authority for Goods to be delivered without requiring a signature on receipt, any and all included insurance cover will be voided upon the Goods being left according to instructions.
8.10. AOFS nominated carrier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged, in advance, with AOFS.
8.11. If the Customer wishes to cancel an Order, the Customer must obtain prior consent from AOFS and with all freight charges prepaid by the Customer. Returned goods, if accepted by AOFS, are subject to a restocking fee as per AOFS’s return policy.
8.12. The Service provided by third party carriers includes delivery of Goods only to the ground floor and/or the front door (a door-to-door service), by a single delivery driver.The Service does not include: carrying items inside, upstairs, or in lifts; the removal of wrapping, assembly, or placement. The Customer is responsible for arranging the means, and/or assistance (e.g. from friends or neighbours) required to bring Goods inside (or outside, if Goods are to be returned) from (or to) the front door or ground floor of the residence or building.
8.13. Where Goods are deemed to be “oversize” (weighing more than 25kg), the Customer must assist (or arrange assistance) with the carrying of the Goods between the delivery vehicle and the front door, or ground floor entrance, unless the Customer has arranged an alternative and/or premium service with AOFS, before Goods were dispatched.
9.1. AOFS is not required to provide refunds, except when Goods are deemed to have a major fault, or in accordance with 8.11.
9.2. Refunds are not available for services where no goods are offered.
9.3. For any returns under these Terms and Conditions, the Customer must send an e-mail to: firstname.lastname@example.org
9.4. To facilitate a return, the Customer must comply with directions from AOFS staff.
9.5. Returned Goods, complete with all accessories, must be in their original packaging, and must be in a re-saleable condition. If AOFS, at its sole discretion, determines that a returned item is not re-saleable, payment for that item will not be refunded.
9.6. If Customers arrange the return of Goods, they accept responsibility for ensuring that items are returned safely and in re-saleable condition. AOFS will not accept responsibility for items lost in transit.
9.7. Where an item has been damaged in transit, or has a fault unique to the individual item delivered to the Customer, and therefore not a fault that would be found in a replacement, AOFS would not consider either to be a case of ‘major fault’, regardless of the extent of the damage or fault.
9.8. For reasons of environmental concern, AOFS will not pick up furniture it deems, in its sole discretion, to have irreparable damage or faults. It is the Customer’s responsibility to dispose of such items, via hard-waste collection or other available means.
10.1. Products sold via the Website are covered by the AOFS Standard 3-Year Warranty, which can be extended to 5 or 10 years, at the time of purchase. These Warranties are in addition to those guaranteed by Australian Consumer Law.
10.2. During the warranty period, AOFS warrants all goods, under normal usage, to be free from defects in material and workmanship.
10.3. Under this warranty, AOFS is liable to provide spare or replacement parts, or to replace entirely, and free of charge, any part or product covered by the warranty (subject to 11.8).
10.4. This warranty does not cover:
1. Normal wear and tear;
2. Damage caused by abnormal use, or abuse, or by placement of Products in inappropriate locations;
3. Products that have been modified, or have not been correctly maintained;
4. Products that have been assembled incorrectly.
5. Installation of parts or products covered by the warranty.
10.5. A Customer who requests services under this warranty must comply with directions from AOFS staff if the the warranty claim is to be investigated, and if AOFS is to provide repairs and/or spare parts and/or replacement solutions (where applicable). The Customer will usually be required to provide a detailed description of the warranty service they are requesting, accompanied by any relevant photos or videos.
10.6. If the Customer does not comply with the directions in 10.5, AOFS is not required to provide services in accordance with this warranty. Without the description and images, AOFS can neither investigate the claim, nor provide an appropriate solution.
10.7. Goods purchased from AOFS are covered by guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund in a case of major fault, and to compensation in the case of reasonably foreseeable loss or damage. Goods will also be repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major failure.
10.8. Minor variations in dimensions, colour, grain, or finish in Goods received by a Customer, when compared with images or descriptions on the Website, are not covered by this Warranty. The Warranty does not cover damage that affects only packaging.
11.1. The Intellectual Property in any Material on the Website is the property of AOFS. A User/Customer may not adapt, modify, display, distribute, perform or reproduce any Material, or any part of any Material, without express authorisation under this Agreement, or by other means.
12.1. Users/Customers waive, release, discharge and relinquish any and all claims, which they have now or might have against AOFS, and which are connected with, arise from, relate to or are incidental to the use of the Website.
12.2. Users/Customers agree to indemnify AOFS, to keep AOFS indemnified, and hold AOFS harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that might be incurred by AOFS arising out of or in connection with Users’/Customers’ use of the Website and the use of any AOFS Products outside the manufacturer’s specifications, as outlined in Product manuals and notified to Users/Customers from time to time.
13.1. To the extent permitted by law, AOFS will not be held 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; the maximum aggregate liability for any Product supplied to the Customer, whether in contract, tort (including negligence) or otherwise, shall not, under any circumstances, exceed the amount payable by the Customer to AOFS, in respect of the Product(s) in question.
13.2. To avoid any doubt, nothing in this clause limits or restricts Customers’ ability to make a claim that might be available to them with regard to a failure on the part of AOFS to comply with a guarantee under the Australian Consumer Law.
14.1. AOFS gathers personal information about its Customers for the purposes of:
1. marketing, supplying or delivering Products to them;
2. carrying out repair work (whether under-warranty, or otherwise);
3. improving and developing its Products; and
4. expanding its business.
14.2. AOFS is committed to protecting Customers’ privacy and personal information – as part of its legal and ethical commitment to compliance with relevant laws, and more importantly, because AOFS is aware that Customers are concerned about how their personal information might be used and shared. AOFS will never share, rent, sell, or otherwise disclose, personally identifiable information, in violation of the commitments set forth in this clause 14.
14.3. In the process of dealing with Customers, AOFS may collect and hold the following types of information:
1. Information about Customers or target customers that is given to AOFS by those persons, or information obtained from sources in the public domain – e.g. magazines and newspapers.
2. Information that is collected incidentally, as AOFS deals with various corporations, about the roles and personal attributes of officers, employees and other representatives of those corporations, and about the means of communicating with them.
14.4. Types of information outlined in 14.3 may be held as electronic records, in data storage systems and as hard copy, with lawful access allowed only by company officers, employees and contractors who need such access to perform their duties.
14.5. From time-to-time, AOFS may engage other companies and/or individuals to carry out functions on its behalf – e.g. a third party repairer for warranty repairs. In those circumstances, AOFS may disclose to such companies and/or individuals whatever personal information is necessary for them to deliver services on behalf of AOFS.
14.6. Customers can request access to their personal information, in accordance with the National Privacy Principles (Privacy Act 1988). Such requests can be made by emailing email@example.com. Retrieval of personal information will incur a $30.00 administration fee.
15.1. AOFS reserves the right to make changes to the Website and Order Terms and Conditions without notice.
15.2. Any provision of this Agreement which becomes void or unenforceable may be removed from this Agreement without affecting the enforceability of any other provisions.
15.3. A failure or delay, on the part of AOFS, to exercise a power or right given under this Agreement will not represent a waiver of that power or right; and the exercise of a power or right by AOFS does not preclude AOFS’s ability to exercise that or any other power or right in the future.
Level 28, 303 Collins St
1300 631 088