Terms of service

Overview

These terms apply when you use our website or buy from us. In these terms, "we", "us" and "our" mean Neat Furniture, and "you" means the person or business using our website or buying from us. Neat Furniture runs this online store at neatfurniture.com.au, including all related information, content, tools, products and services (the "Services"). Our store is powered by Shopify.

These Terms of Service, together with the policies they refer to (our Shipping policy, Refund policy and Privacy policy), set out your rights and responsibilities when you use the Services or place an order. By using the Services or placing an order, you agree to these terms. If you don't agree, please don't use the Services.

Nothing in these terms excludes, restricts or modifies your rights under the Australian Consumer Law. Section 7 explains how this works.

Section 1 - Using the Services and your account

To place an order you must be at least 18 years old, or be using the Services with the involvement of a parent or guardian.

If you buy on behalf of a business or other organisation, you confirm that you are authorised to place the order for it, and "you" includes that business or organisation.

When you order, you'll be asked for information such as your name, email address, phone number, and billing, payment and delivery details. Please make sure this information is correct, current and complete. A wrong or incomplete delivery address can lead to a cancelled order or a futile-delivery fee (see our Shipping policy).

If you create an account, please keep your login details secure. You are responsible for activity on your account. You may not transfer, sell or license your account to anyone else.

Section 2 - Our products

We try to describe and show our products accurately. Colours and finishes may look different on your screen depending on your device and its settings.

Product images are a guide only. Some images show accessories or options that aren't included. Please read the product description and the options you select to see exactly what's included before you order.

We may change product descriptions, discontinue products, or limit the quantity of a product sold to any person or business, at any time.

Each product page has a Delivery line naming the cities it can be delivered to, and, for made-to-order items, the lead time. Where a product page states a warranty period, the product comes with the manufacturer's warranty for that period.

Section 3 - Orders and order acceptance

When you place an order, you are making an offer to buy. We may accept or decline your order. An order is not accepted until we confirm acceptance.

Even after we have confirmed your order, we may cancel all or part of it and refund you in full for what we cancel, if:

  • the delivery address is outside our delivery area, including regional and other non-metro addresses, and addresses in the ACT, Tasmania or the Northern Territory
  • the product can't be delivered to the city in your delivery address (each product page's Delivery line names the cities it goes to)
  • an item is unavailable or has been discontinued
  • the order contains a pricing or description error (see Section 11)
  • we reasonably suspect the order is fraudulent or unauthorised.

If we cancel your whole order, we also refund the delivery fee. If we cancel part of your order, you can cancel the rest with no fee and get a full refund, including delivery. If your order hasn't been dispatched within the time shown on the product page (12 business days for items that aren't made to order), you can cancel it with no fee.

Some orders need to be verified before we can process them, which may delay dispatch. If we cancel or change your order, we'll contact you using the email address or phone number you gave us.

Our products are sold for use by you or your business, not for resale.

You can cancel with no fee before we process your order. We process an order when we place it for dispatch, usually within 1 business day of your order, and we'll email you when we do. Once we've processed it, a cancellation fee applies to cover the costs we've already incurred, up to 25% of the price of the cancelled items. We'll tell you the amount before we cancel. Once an order has been dispatched it can't be cancelled. Made-to-order items can't be cancelled once production has started, unless dispatch runs past the lead time shown on the product page.

Cancellations and returns are handled under our Refund policy.

Section 4 - Prices, GST and payment

All prices are in Australian dollars (AUD) and include GST. The delivery fee shown at checkout also includes GST.

Prices can change at any time, but the price you pay is the price shown when you place your order, as set out in your order confirmation email.

If you need a tax invoice for your order, email us.

You confirm that the payment details you give us are correct, that you are authorised to use the payment method, and that you will pay the total shown at checkout, including delivery.

Section 5 - Delivery, ownership and risk

Delivery is covered by our Shipping policy. In short: we deliver only to metro Sydney, Melbourne, Brisbane, Adelaide and Perth, to the ground-floor front door or entrance, for a flat $75 per order. Some products don't go to every city.

Dispatch and delivery times are estimates. We'll let you know if your order is delayed. Subject to the Australian Consumer Law, we are not responsible for delays caused by events outside our reasonable control.

Risk in the goods passes to you when they are delivered. Ownership of the goods passes to you once we have received full payment.

Section 6 - Returns, refunds and warranties

We don't accept returns for change of mind, so please check sizes, colours and specifications before ordering. Cancellations, and damaged, faulty, incorrect or missing items, are covered by our Refund policy.

Where a product page states a warranty period, the product comes with the manufacturer's warranty for that period. This warranty is in addition to your rights under the Australian Consumer Law. How to make a warranty claim is set out in our Refund policy.

Section 7 - Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.

Nothing in these terms or our policies excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that the Australian Consumer Law or any other law gives you and that cannot lawfully be excluded or limited. If anything in these terms seems to say otherwise, it applies only to the extent the law allows. These rights can apply to business buyers as well as individuals.

Section 8 - Intellectual property

The Services, including all trade marks, brand names, text, images, graphics, videos and the design and arrangement of the site, are owned by Neat Furniture or its licensors and are protected by Australian and international intellectual property laws.

You may use the Services to browse and buy products for yourself or your business. You must not copy, reproduce, distribute, modify, republish or sell any material from the Services without our prior written permission. Shopify's name, logo and related marks belong to Shopify. Other names and marks on the Services belong to their owners.

Section 9 - Third-party tools and links

The Services may include tools, content or links provided by third parties, such as payment providers. We don't control these and they have their own terms. Subject to the Australian Consumer Law, we are not responsible for third-party websites, tools or content, and your use of them is at your own discretion.

Section 10 - Shopify and your privacy

Our store is hosted on Shopify, but your purchase is made directly with Neat Furniture. Shopify is not a party to your purchase and is not responsible for the products we sell.

Personal information we collect is handled under our Privacy policy. Because the Services are hosted by Shopify, Shopify also processes some information about your use of the Services, and some information may be processed outside Australia.

Section 11 - Errors and inaccuracies

Occasionally the Services may contain errors or omissions in product descriptions, prices, delivery details or availability. We may correct them at any time. If an error affects an order you have placed, we'll contact you before dispatch. You can choose to continue at the correct price or details, or cancel and receive a full refund.

Section 12 - Reviews and feedback

If you send us reviews, ideas, suggestions or other feedback ("Feedback"), you give us a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish and display it to run and promote the Services. You confirm that your Feedback is your own, is honest, doesn't infringe anyone's rights and isn't unlawful, abusive or misleading. If you received any payment or incentive for a review, you must say so in the review. We may remove Feedback that breaches these terms, and we are not obliged to respond to or pay for Feedback.

Section 13 - Prohibited uses

You may use the Services only for lawful purposes. You must not:

  • use the Services for any unlawful, fraudulent or malicious purpose, or to break any law
  • infringe our intellectual property or anyone else's
  • harass, abuse, threaten or defame our staff, delivery partners or anyone else
  • give false or misleading information, or pretend to be someone else
  • send spam, viruses or other harmful code
  • collect or track other people's personal information
  • scrape, copy or extract content or data from the Services using automated tools without our permission
  • interfere with, bypass or get around the security or access controls of the Services.

We may suspend or close your account, or refuse to deal with you, if you breach these terms.

Section 14 - Automated agents

This section applies if you use, or allow, any software or service that acts on your behalf without direct supervision (an "Agent") to access or use the Services. An Agent must:

  • identify itself in every request by including "Agent/[agent name]" in its user agent string
  • not hide that it is an Agent, including by mimicking human behaviour or by completing or getting around CAPTCHAs or similar checks
  • answer truthfully if asked whether it is a person or a computer
  • not get around any measure we use to limit or control Agents.

An Agent must stop accessing the Services if we ask it to. We may limit, including by technical measures, whether and how Agents access the Services.

Section 15 - Termination

We may suspend or end your access to the Services if you breach these terms. Any amount you owe for orders already placed remains payable. Sections that by their nature should continue after termination, including Sections 7, 8, 12, 16, 17 and 18, continue to apply.

Section 16 - Disclaimer

This section is subject to the Australian Consumer Law and Section 7.

Information on the Services is general information to help you choose products. To the extent permitted by law, we don't give any warranties about the Services or our products other than those set out in these terms, on the product page, in the manufacturer's warranty, or given by the Australian Consumer Law. We don't guarantee that the Services will always be available, uninterrupted or error-free.

Section 17 - Limitation of liability

This section is subject to the Australian Consumer Law and Section 7. It does not limit any liability that cannot lawfully be limited.

  • To the extent permitted by law, we are not liable for any loss that was not reasonably foreseeable when you placed your order.
  • If you are not a consumer under the Australian Consumer Law (for example, because the order is over $100,000 and the goods aren't of a kind ordinarily bought for personal or household use), then to the extent permitted by law we are not liable for loss of profit, revenue, business opportunity or data.
  • Our liability is reduced to the extent that you caused or contributed to the loss.

Section 18 - Indemnity

To the extent permitted by law, you are responsible for loss we suffer because of your fraud or your deliberate misuse of the Services.

Section 19 - Severability

If any part of these terms is found to be unlawful, void or unenforceable, that part will be read down or removed to the extent needed, and the rest of these terms will continue to apply.

Section 20 - Waiver and entire agreement

If we don't enforce a right under these terms straight away, we haven't given it up.

Subject to the Australian Consumer Law, these terms, the policies they refer to, the product page for each item you order, your order confirmation and anything we confirm to you in writing about your order are the whole agreement between you and us about your orders.

Section 21 - Assignment

You may not transfer your rights or obligations under these terms without our written consent. We may transfer ours, for example if our business is sold, as long as it doesn't reduce your rights under these terms or the law.

Section 22 - Governing law

These terms are governed by the laws of Victoria, Australia. You and we agree to the non-exclusive jurisdiction of the courts of Victoria and the courts that can hear appeals from them. This doesn't affect any right you have to use consumer protection laws or bodies in your own state or territory.

Section 23 - Headings

Headings are for convenience only and don't affect the meaning of these terms.

Section 24 - Changes to these terms

You can read the current version of these terms on this page at any time. We may update them from time to time by posting the new version here. The terms that apply to an order are the ones in place when you placed it. Changes don't affect orders you have already placed.

Section 25 - Contact

Questions about these terms can be sent to hello@neatfurniture.com.au.