You are provided with access to this website in accordance with these terms & conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Payment may be made by American Express, VISA, MasterCard, Paypal or Direct Bank Transfer. All prices are in Australian Dollars with GST included in the listed price. Payment will be deducted immediately if you choose to pay by card. Please see our security statement to see how we protect your payment details.
While every attempt is made to ensure the colours displayed on our website are true and accurate, colour variations are inevitable due to monitor settings and lighting conditions. If you need to match a colour exactly, please request a colour sample of the product. No responsibility will be taken if you are unhappy with the colour when your purchase arrives, unless we have sent you a colour sample, which is different to the product received.
Samples are available for most but not all items show on our website. All sample are charged at $3 each inclusive of postage & GST charges and limited to 6 samples per order. Samples may take up to 21 days or longer in some cases for delivery when sampling is not kept in Australia. Please contact us to check availability if your requirements are urgent. Samples can vary in size, most are A4 but certain ranges come in varying sizes including A5 & A6.
You warrant that: The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; & you will notify us immediately of any changes to the personal information by contacting our customer service team by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
We reserve the right to: modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you & you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the conditions from time to time, & your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.
All goods are supplied by us on condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose is limited in amount to a sum not exceeding the purchase price of the particular goods. In no circumstances whatsoever shall The Elephant Room be liable for indirect of consequential loss or damage.
You are responsible for ensuring that the products you have ordered will fit into your home & that there is sufficient access for the delivery vehicle to reach the delivery address. If you are unsure on this matter please contact us before placing your order.
Please check all items on arrival & immediately report any damage or short deliveries in writing to firstname.lastname@example.org.
Please make sure the e-mail address you provide to us is correct and your mailbox is in proper working order. All order confirmations are sent to that e-mail address. Please make sure both your billing & delivery addresses are also completed fully. Any contracts or agreements formed between you and us by means of this website shall be governed and construed according to Australia law & any disputes or proceedings shall be subject to the exclusive jurisdiction of the Australian courts.
Please note in particular that:
BASIS OF SALE
- No orders shall be accepted from persons under the age of 18.
- While we try to ensure that all details (including prices) displayed on this web site are correct and up to date, we cannot be held responsible for their accuracy.
- You must ensure that, prior to placing an order, you have checked all relevant details about the products you have selected as their relevant details may have changed since you last visited this online store.
- All products displayed on this web site are subject to availability. All prices are inclusive of GST (but do not include delivery charges).
- Your payment card will be debited immediately.
- No statement on this online store site shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.
All orders will be subject to the following conditions:
Your order becomes binding as soon as we have accepted it, subject to your rights of cancellation.
ACCEPTANCE OF SALE
Your order will be accepted as soon as we have confirmed your order. Our acceptance of your order is conditional on the availability of the products you have ordered. If any of the products you have ordered are unavailable, or should events occur beyond our reasonable control, we reserve the right to cancel your order. In such circumstances we shall let you know as soon as possible. Due to the specialty nature of our products, orders will not be accepted or begin to be processed until payment in full has been received.
CANCELLATION OF ORDER
Due to the speciality nature of products contained within this website - you are unable to cancel your order once your order has been accepted by us.
Any order which is custom made to your specifications, including fabric choice, size, colour or specifications is unable to be cancelled once the order has been confirmed due the specialty nature of the product.
Due to the speciality nature of products contained within this website - a refund will only be given in the following circumstances, as required by the Office of Fair Trading.
As a consumer, you are legally entitled to a refund, exchange or repair from the place of purchase if goods:
- had a fault you did not know when you bought it
- were not the same as the seller or advertisement described
- don’t do the job you were led to believe they would
- don’t match the sample you ordered of the same item
- don’t last a reasonable amount of time, given the price you paid.
Please contact us to discuss further.UPHOLSTERY, WINDOW COVERINGS and MADE TO MEASURE PRODUCTS
PLEASE NOTE: We are unable to offer a refund or return if you have not ordered a sample and the item you have purchased will not suit the purpose you intended it for, or if you order extra of an item and then do not use it.
The Products you order will be made specifically to your order, in accordance with the instructions & specifications you have given us at the time of your order.
It is your responsibility to check all details & aspects of your order are correct, & suitable for your requirements. Including: measurements, dimensions, product features, access to your home or unit and the physical ability to have delivery access.
INTELLECTUAL PROPERY and RIGHT TO USE
You acknowledge & agree that all copyright, trademarks & all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge & agree that the material & content contained within the website is made available for your personal non-commercial use only & that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material & content of the website is strictly prohibited. You agree not to (& agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.