Terms of Supply

Welcome to the website of Signature Floorcoverings’ unique bespoke rugs at https://rugs.signaturefloors.com.au/ (this Website). This Website is designed to provide you with an exceptional experience for ordering your bespoke rugs. These Terms and Conditions apply to (a) your use or access to this Website; (b) the supply of our Products ordered by you; and (c) the provision of our services to you via this Website.

Please review these Terms and Conditions carefully, if you do not agree to these Terms and Conditions, please do not use the Website, place any Orders for our Products on this Website or request our services. Your use of this Website, the placing of any Orders of our Products, or your request of our services, constitute your acceptance to these Terms and Conditions.

We offer a wide range of goods and services, and sometimes additional terms may apply. These are posted on the Website. When you purchase Products and request our services where additional terms apply, you will be subject to those terms in addition to these Terms and Conditions, as applicable.

1. Definitions

• In these Terms and Conditions, unless the contrary intention appears:

Accepted Order means an Order accepted by us and for which an order confirmation notice is provided to you for such Order.

ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia or, for deliveries of Products, at the place of delivery.

Contract means a contract of sale referred to in clause 2.4.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means an order for the Products placed by you.

Price means the price payable by you for the Products exclusive of GST, as determined in accordance on the Website.

Privacy Policy means our Privacy Policy, as amended from time to time, available at https://www.signaturefloors.com.au/privacy-policy/.

Product means the goods represented on the Website (subject to clause 2.2) with the specifications determined by you on the Website.

Terms and Conditions means these terms and conditions governing the use of the Website, the supply of Products or the provision of services by us, and includes our Privacy Policy, our Product Warranty and our Return and Refund Policy (where applicable).

We, us or our means Signature Floorcoverings Pty Ltd (ABN 45 007 172 938) of 3 Wurundjeri Drive, Epping, Victoria 3076, Australia, and its associated entities as defined in the Corporations Act (Cth) 2001.

2. Products and Orders

• You may place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
• Whilst we aim to ensure that the images displayed on the Website accurately represent the colour, texture, and pattern of the Products. However, you acknowledge and agree that some Products may appear different in real life in comparison to the images displayed on the Website due to a variety of reasons, including variations in individual screen settings and display technology, therefore, precise colour matching between what is displayed on the Website and the Product cannot be guaranteed.
• All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents an offer from you to purchase the Product in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next Business Day.
• We will acknowledge your Order by providing you with an order confirmation notice via email once your payment for the Products in your Order has been validated, the order confirmation notice constitutes our acceptance of your Order. Our acceptance of a particular Order will not imply that we will accept any of your future Orders.
• Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products. The Contract will comprise the Accepted Order and these Terms and Conditions. If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency.  No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing.

3. Order Acceptance and Cancellation

• You may cancel an Order any time prior to the time we send out the order confirmation notice to you. You may not cancel any Accepted Orders unless we agree to your cancellation, in which case you may be required to pay a cancellation fee.
• You agree that we may not accept your Order, or cancel any Accepted Orders due to any of the following”
• the Products you order are not, or no longer available;
• we are not able to receive payment for the Products, or any payment was subsequently revoked; or
• where a Product has been listed or advertised with an incorrect price or inaccurate information by mistake, in which case, you acknowledge and agree that we are under no obligation to sell you any Products. If you have made a payment and submitted your Order which is cancelled or rejected by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you have paid.

4. Price and Payment

• Subject to clause 3, the Price for the Products in an Accepted Order will be the price for the Products at the time your Order is submitted on our Website. We may update or vary the price listed on the Website for the Products from time to time without notice to you. Any changes will be effective once they are published on the Website.
• All Prices are in Australian Dollars are exclusive of GST and does not include bank fees, delivery, freight, insurance or any other tax, tariff or duty unless expressly stated otherwise.
• We accept payment for Accepted Orders by credit cards or debit cards through a secure payment gateway. Your card will be charged upon confirmation of your order and prior to your Products being dispatched. Any transaction fees or additional charges imposed by your bank are your responsibility and will be charged as an additional amount. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your debit card or credit card is fraudulently used or used in an unauthorised manner by a third party.
• Unless expressly stated to the contrary, all payments must be made in Australian currency. Where conversion from foreign currency is required, such currency conversion will be performed by your bank may be subject to a fee charged by them.
• If your payment is declined for any reason, we reserve the right to reject your Order or cancel any Accepted Orders. We reserve the right to keep or sell the Products.
• Your tax invoice will be sent to you when the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.

5. Delivery

• We will deliver the Products to the delivery address specified in the order confirmation notice subject to this clause 5. Delivery will be complimentary for all Products shipped within Australia. While we only ship to Australian addresses, international customers may place orders if delivery occurs within Australia.
• We will deliver the Products once full payment of the Price and all applicable charges (including GST and bank charges) have been received. Any timeframes quoted by us for delivery of the Products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an order on you.  We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.
• All Products will be delivered by a courier selected by us. A tracking email with delivery details will be sent to you. Delivery is deemed complete upon obtaining a signature at the delivery address. Ownership of Products vests on you upon delivery.
• If you provide specific delivery instructions (for example, for your Product to be to be left at your nominated address without acknowledgment of receipt), we will not be liable or responsible for any loss or damage to your Products once the delivery is made in accordance with your instructions.
• Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you.

6. Privacy

• By submitting an Order for our Products, we may require your personal information and other details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
• Our Privacy Policy governs how we collect, use, handle and disclose any personal information you provide or disclose to us and forms part of these Terms and Conditions. You should carefully read and review our Privacy Policy and these Terms and Conditions with respect to the collection, use, handling and disclosure of personal information, these Terms and Conditions will prevail to the extent of any inconsistencies.
• You agree and consent to us contacting you for direct marketing purposes subject to our Privacy Policy, such as to inform you about products and services that may be of interest to you. This consent is not limited in time unless you choose to opt out by notifying us in writing via the “Contact Us” section of this Website, or by utilising an “unsubscribe” facility on a communication we send to you, in which case, we will take steps to ensure you do not receive any such direct marketing information in the future.
• Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to control the display of advertisement, track your browsing patterns, to personalise information and record registration. You acknowledge that we may store one or more cookies in your browser or request your browser to transmit the data to the web server. Subject to our Privacy Policy, we reserve the right to use anonymous data acquired through cookies about our users for any business purposes.

7. Our Website and your use

• All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Products or otherwise, belongs to us. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions, provided you are granted a limited, revocable, non-exclusive and non-sublicensable licence to share or use the information, contents and photographs strictly for your own personal purposes, such as assisting with purchase decisions. Any use of information, contents and photographs published on this Website for commercial purpose in whatever form is strictly prohibited, unless with our prior written consent.
• We have made reasonable endeavours to ensure that the information and content, including photographs provided on this Website are accurate and current at the date of publication. However, you acknowledge and agree that, in addition to clause 2:
• information to certain Products may have been inaccurately described by our supplier which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and
• subject to clause 8 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
  • We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.

• Subject to clause 8 and to the extent permitted by law and, except as provided by these Terms and Conditions, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
• your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
• your use of not able to use the Website or any defects in the Website.
• To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of the Product on the Website, your sole remedy is to exercise your rights under clauses 8, 9 or 10.
• We may include links providing access to other websites. You acknowledge that we are not responsible for the accuracy of the information contained in these third party websites and we do not endorse any features, content, advertising, products or any other materials, and such information does not form part of our content. You should review any applicable terms and privacy policy of a third party website before using it or providing any information. You agree and acknowledge that you access and use third party websites entirely at your own risk.
• You acknowledge and agree that this Website has been provided to you for personal use. You agree at all times to access and use the Website in accordance with these Terms and Conditions (including our Privacy Policy) and all applicable laws. You must not:
• copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website except expressly authorised by us;
• utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
• remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
• remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
• create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
• engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
• attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
• remove, cover or otherwise obscure any form of advertisement included on this Website; or
• interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.

8. Warranties

• Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Products and Services.
• If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and 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.”

In addition, clause 10 (Returns and Refunds) with respect to certain Products apply in addition to (but may overlap with) any rights and remedies you may have under the Consumer Guarantees as a consumer.

• If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under clause 10 (Returns and Refunds) are your sole remedies with respect to such subject matter.
• Subject to this clause 8, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.

9. Limitation of Liabilities

• Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid for the Products.
• To the extent permitted by law, we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• To the extent permitted by law, our total liability arising out of or in connection with the Products or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Terms and Conditions.

10. Returns and Refunds

• Due to the bespoke nature of the Products, you agree and acknowledge that we do not accept returns or offer refunds for change of mind. Return of Products to us (other than under clause 8) may only be made if we have agreed to that return. Subject to clauses 8 and 9, and to the extent permitted by law, we do not accept returns or offer refunds unless the Product is faulty or defective.
• If you are found that the Product delivered to you is faulty or defective, please contact us promptly using the details provided on the Website or in your order confirmation notice.  Notification of faults or defects must be made within seven (7) days of receiving the Product and you agree to provide further information, such as photographs of the faulty or defective Product. If we agree to your return of the Product, we will arrange for a courier selected by us to pick up the Product at the address where the Product was delivered, provided that you are responsible for the cost of returning any faulty or defective items and all risks to the Products remaining as your responsibility.
• All Products must be returned to us in the same condition as when they were delivered. You must adequately package any Product you are returning to ensure that it is not damaged during delivery to us, preferably re-using the same packaging materials for the Product when the Product was delivered to you.
• If, upon inspection, we determine (acting reasonably) that the Product is faulty, we will initially endeavour to repair or replace the item. Should repair or replacement not be possible for the Products after our inspection, we will issue a refund for the Price paid. Any refund we make will be by the same payment method used to purchase the Product.
• Subject to clause 8 and 9, this constitutes your sole remedy for any faulty or defective Product.

11. General

• These Terms and Conditions are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
• We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Website and will only apply to orders submitted after the updated Terms and Conditions are published.
• You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
• Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
• If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions Sale take effect (where possible) as if they did not include that provision.
• Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
• If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.

Contact us

If you need to contact us for any reason, please do so using the contact details on our Website https://rugs.signaturefloors.com.au/.