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terms and conditions

1.    Agreement

   These Terms and Conditions apply to you, the Website user and your usage of the Living Direct Furniture (www.ldfurniture.com.au) and associated software, networks and processes, including the purchase of goods or services through the Website.

By browsing the website, or placing an order, you agree to these Terms and Conditions as set out below.

In its operation of the website, Living Direct Furniture offers products for sale in on behalf of third party sellers. When you place an order with Living Direct Furniture, the products will be supplied to you by a third party seller and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the respective supplier. All products that are supplied by a third party, have agreed to be bound by these terms and conditions of sale and any reference to ‘we’ ‘our’ or ‘us’ applies to that supplier.

In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.

2.    Definitions

2.1.          In these Terms and Conditions:

“Agreement” means these terms and conditions, including all the terms of any order placed by you the user through the website (if applicable).

 “Customer” means the person or legal entity identified in a Living Direct Furniture quote, invoice or sales document.

 “Delivery Cost” means the costs associated with delivery as specified in an order.

 “Goods” means the Products listed in an order.

 “Intellectual Property” means any material on the website is the property of Living Direct Furniture including, copyright, trademarks, logos, design trade names, text and images not limited to audio and audio-visual media.

 “Material” means any information  stored on or in use with the Website including but not limited to data, source codes, drawings or images in any form, whether visible or not.

"Business Day" means any day of the week other than a Saturday, Sunday or public holiday in state where product is located by supplier.

 “Products or Goods” means any items listed on the Website (for sale or otherwise).

 “Website” means the internet site located at the URL www.ldfurniture.com.au and operated by Living Direct Furniture.

“Dispatch Service” means the third party courier service and/or baggage freight (wwwbaggagefreight.com.au).

Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

These Terms and Conditions are Living Direct Furniture’s copyrighted intellectual property. Any commercial use by third parties, even of extracts, of offering goods and/or services – is not permitted. Infringements may be subject to legal action.

3.    Usage of site

3.1.        You must ensure that your access to, or use of the website is not in any way deemed illegal or prohibited by laws which apply to you.

3.2.        You must take your own precautions to ensure that the method in which you are accessing the website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

3.3.        For any such damage which may arise in connection with your use of the Website, Living Direct Furniture takes no responsibility or is liable for any damages.

4.    Orders

4.1.        When making an order, any person(s) must be over 18 years of age, possess a valid credit or debit card.

4.2.        Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown on the website the charges you must pay including GST and associated delivery charges (if applicable).

4.3.        Unless otherwise stipulated on the website, all charges are in the Australia dollars inclusive of Goods and Services Tax (GST).

4.4.        You shall pay for the Product in full when placing the order by supplying us with your credit or debit card details or by PayPal. Alternatively, you may also pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.

4.5.        You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product.

4.6.        We reserve the right to obtain validation of your payment details before providing you with the Product.

4.7.        When you submit an order to Living Direct Furniture via the website, you agree that you do so subject to the prevailing Terms and Conditions.

4.8.        We shall not be obliged to supply the product to you until we have accepted your order and payment. We will send you an acknowledgement with your order reference number and details of the product you have ordered.

4.9.        Living Direct Furniture reserves the right to decline any order, for any reason (e.g., unavailability from suppliers, etc). In this case, we will promptly grant you a store credit or a full refund.

4.10.      Any refund is made back to the payment option you chose with your original order. 

4.11.      We endeavour to make sure all products listed on our website are accurate in pricing and stock levels.  In the event that an ordered item is not available or we are unable to full-fill your order we will notify you to arrange a backorder or a full refund.

4.12.      In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

5.    Accuracy of Product Information

5.1.        All features and product specifications outlined, described or depicted on the website are subject to change without notice

5.2.        All weights, dimensions, colours and materials specified on the website are approximate and may vary accordingly without notice.

5.3.        You agree and acknowledge that there may be technical or administrative errors in the information on the site, including but not limited to errors with respect to product description, pricing and availability.

5.4.        We reserve the right to correct any errors without any notice, including after you have submitted an order or made a payment.

5.5.        If there is an error in any information that forms part of an offer from us to you, any agreement arising from your acceptance of that offer will be void at our absolute discretion.

6.    Delivery (ownership of goods)

We know how important it is to you that you receive your product as soon as possible after purchasing it from Living Direct Furniture.

6.1.        For those items that are in stock, we aim to deliver products within a maximum timeframe of 15-21 business days from the date you place your order (remote areas might have longer delivery time delays).

6.2.        We decide to provide free shipping at our own discretion.

6.3.        All purchases via the website include a separate dispatch service which is distinct from the supply and sale of Goods. Dispatch service is handled by a third party carrier by which Living Direct Furniture provision to the carrier instructions to enable delivery of goods to the customer by the carrier.

6.4.        Under no circumstances is Living Direct Furniture liable to refund the delivery fee paid by the customer once dispatch of the order to the customer has taken place by Living Direct Furniture at which point dispatch service is deemed to have been provided.

6.5.        Once products are provisioned by Living Direct Furniture to our dispatch service, it’s the customer’s responsibility to liaise with the selected dispatch service in relation to delivery date and to be available to take delivery of goods during business hours or otherwise by instructions stated by the carrier.

6.6.        Once you add items to your cart, you will be asked to enter your postcode in order to appropriately calculate the shipping cost and delivery transit times.  Estimated delivery transit times are based on your selected products dimension, weight, length as well as your location for delivery.

6.7.        Any date of dispatch displayed is an estimated dispatch date and is subject to change without notice.

6.8.        Living Direct does not dispatch goods to PO Box addresses under any circumstances.

6.9.        If we are unable to meet estimated delivery timeframe we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

6.10.      The dispatch service is contracted to obtain a signature for the delivery and for this reason goods will never be left at the premises unattended and unsigned for.

6.11.      If for any reason, you are unable to be present to collect goods at the agreed delivery address you have provided during the check out process, our dispatch service will leave a card with contact details, notifying you that a delivery attempt has been made. Goods will be taken back to the depot overnight and a redelivery attempt will be made the next day. You can arrange with the dispatch service to collect your goods from the carrier’s depot at no extra cost.

6.12.      Living Direct Furniture reserves the right to charge you for any additional costs incurred (e.g. shipping and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus shipping costs or storage costs).

6.13.      Our dispatch service will contact you via email and provide tracking details for each product ordered. Alternatively, you will recieve a phone call to organise a suitable time for deliver by our deliver patner. Living Direct Furniture takes no responsibility for any delivery delays by our delivery partner service.

6.14.      Living Direct Furniture reserves the right to charge you for any additional costs incurred (i.e. shipping and depot storage).

6.15.      You may contact the courier directly to organise an alternative and agreed delivery time.  In these situations Living Direct Furniture reserves the right to charge you for any additional costs incurred (e.g. shipping and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus shipping costs or storage costs).

6.16.      Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).

6.17.      Dispatch service offers a door-to-door service, so please ensure that there will be someone available at the nominated delivery address to sign for goods and receive the delivery*.

6.18.      Dispatch service does not include taking the items inside, upstairs or in lifts, placement or removal of packaging.- unless otherwise stated.   

* OVERSIZE ITEMS: Drivers will need assistance to carry items from the delivery vehicle to the ground floor door of your home or building for any items that are oversize (over 25kgs per box), as per OH&S requirements. To find out if your items are oversize, please see the Overview & Specifications section on the product page. For delivery addresses that have limited access or are not on the ground floor, we suggest getting the help of family, friends or a neighbour to assist bringing your items inside. If no one is available to assist the driver, please contact us at sales@ldfurniture.com.au and we will be happy to advise if an assisted delivery could be arranged for your order.

6.19.      For premium services that include a two-man delivery service including carrying and placement of goods inside please contact sales@ldfurniture.com.au or call 1800 123423 for a quote in advance of ordering.

7.    Damages

7.1.        In the unforeseen circumstances where goods are damaged during transit by the dispatch service all parties acknowledge that Living Direct Furniture is not liable in any way to provide a refund.

7.2.        Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).

7.3.        Upon delivery please check your shipment before signing for them when the dispatch service makes the delivery. If the goods appear damaged, please sign for them "package received damaged", ask the driver to co-sign your written comment on the delivery docket otherwise you won’t be eligible to make a claim. It is advisable to take photos of the package before it is opened, including photos of the damaged items inside the box. This evidence will assist you when making a claim.

7.4.        All consignments which have been processed via the website are covered by Transit insurance.  Total transit cover per consignment is a maximum value of $2500.

7.5.        Couriers Please claims will incur a $150 excess fee under Couriers Please insurance policy. All other Domestic Carriers will incur a $70 excess fee.

8.    Return and refunds

8.1.        Living Direct Furniture is not required to give refunds under any circumstances other than in accordance with Living Direct Furniture’s 14-day Money Back Guarantee (or when a fault is deemed a major fault).

8.2.        For any returns under these Term and Conditions, Customers must email sales@ldfurniture.com.au  for any return of goods.

8.3.        For any returned goods, they must be in their original packaging will all accessories included. Products must be in a re-saleable condition when returned to Living Direct Furniture. If returned goods are found not to be re-saleable by Living Direct Furniture, Living Direct Furniture reserves the right to only refund 50% or less of the product price paid by the customer

8.4.        Living Direct Furniture takes no responsibility for items lost in transit if customers decided to return goods at their own discretion.

8.5.        Any item that contains a fault that is unique to the actual item sent to the customer, or has been damaged in transit would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances

8.6.        Customer is responsible for disposal (i.e. utilising publicly available hard-waste collection or disposal processes) of any goods which in Living Direct Furniture’s sole discretion is deemed damaged or faulty beyond repair.

8.7.        Change of Mind policy will apply for any order cancelation requested by the customer after dispatch has taken place, whereby return and shipping costs or redirection costs are not refunded and/or are payable by the customer.

9.    Warranties

9.1.        All goods carry a 12 month Living Direct Warranty that is sold via the website.

9.2.        Living Direct warrants all goods for the period of the warranty to be free from defects in material and workmanship.

9.3.        Most products which are sold via the website are supported and serviced by the manufacturer or supplier in accordance with the warranty information provided in the product page. For any products which require a high level of support, we would ask the customer to contact the manufacturer or supplier for assistance and to troubleshoot issue(s). If for any reason the supplier of manufacturer is unable to assist and the product is covered by a consumer guarantee, Living Direct Furniture will provide a suitable resolution.

9.4.        All claims after 48hrs of delivery to the customer will be treated as a warranty claim and delivery/pickup charges apply.

9.5.        Depending on the product circumstances, product will be replaced or repaired and it solely at Living Direct Furniture’s discretion..

9.6.        This warranty does not cover:

(a) Normal wear and tear;

(b) Damages arising from placement in inappropriate locations, abuse, or abnormal use;

(c) Any products which have been modified;

(d) Products which have not been maintained to a satisfactory degree;

9.7.        Customers requesting support in accordance with this warranty will need to comply with direction from Living Direct Furniture, in order to facilitate our investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Living Direct Furniture. Direction may include the production of detailed description of the warranty service with supporting photos and videos (where applicable).

9.8.        All goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.9.        Minor variations in advertised color, grain/finish, dimensions (as displayed on Living Direct Furniture website) or damage to packaging only are not covered by this Warranty.

10.  Intellectual Property.

10.1.      Materials displayed on the website not limited to images, product descriptions, videos, source codes, drawings or images in any form, whether visible or not is solely Intellectual Property of Living Direct Furniture.   

10.2.      You may not reproduce, display, adapt, modify, perform or distribute any material or any part of any material unless explicitly authorized under this agreement.

11.  Liability and Indemnity

11.1.      You agree that you use the website at your own risk.

11.2.      You acknowledge that Living Direct is not responsible for the conduct or activities of any user or member of the website.

11.3.      You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of, or conduct in connection with, the Site, including but not limited to any breach by you of the Conditions.

11.4.      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.

11.5.      To the extent permitted by law, 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.

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