Terms and Conditions

Décor InStyle Pty Ltd trading as SJW ABN 21092920646 ACN 092920646 www.decorinstyle.com.au

TERMS AND CONDITIONS OF BUSINESS

Welcome to the St James Whitting Website (Website) located at www.stjameswhitting.com. This Website is operated by Decor InStyle trading as St James Whitting  (ABN 21 092 920 646) (hereon referred to as St James Whitting).

TERMS OF USE

Your use of the Website is governed by these Terms and Conditions (Agreement). By accessing the Website and conducting any transactions through it, you agree to be bound by this Agreement.

PURCHASING PRODUCTS FROM THE WEBSITE

 The Website allows you to browse, select, order, purchase products, and forward any enquiries regarding our products through the ‘Contact’ section of the Website.

 Payment for any products you buy must be made at the time of submitting the online purchase order form (Purchase Order) on the Website. Payments can be made by the options provided on the Website, which include: Paypal, Direct Deposit or Credit Card over the phone.  All Purchase Orders placed through the Website are subject to acceptance and confirmation by us. We will email you with confirmation of the receipt of your Purchase Order immediately.

 VARIATION

 While every effort has been made to portray the colours of products that appear on this Website as accurately as possible, due to the nature of the goods, we cannot guarantee that they will be free from slight variation.

 This is accepted by you when the order is placed and will not be considered a fault.

 You also accept by using this Website, if special materials are required for customised orders (such as customised furniture or special fabrics), there may be variations from the price stated on the Website.

 We generally quote you on these price variations prior to your order and your order constitutes acceptance of our quote.

 OVERSEAS ORDERS

 All transactions are settled in Australian Dollars (AUD). If you are ordering from outside of Australia and your account details are held in a different currency, it will be automatically converted to Australian Dollars when you complete the transaction. The final charge to your credit card is made in Australian Dollars and the conversion rate will be determined by your bank or card provider (who may also charge a small currency conversion fee). As such, we do not take responsibility if the final amount charged to your card differs slightly from amount that you paid.

YOUR RESPONSIBILITIES

 It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct.

 Please double check any details before submitting an order.

 If you provide the wrong delivery address and any product is sent to the wrong address, we cannot be held responsible for any loss or damage that you may suffer as a result.

 However, should an issue arise and we are notified, we will endeavor to ensure the goods are delivered to the correct address as soon as possible.

 PRIVACY OF INFORMATION

 All personal information collected by us, including credit card details, name, delivery address, email address and contact numbers are destroyed immediately. We do not disclose your personal information to anyone.

 We do not store or keep debit or credit card numbers from transactions. The last four numbers and the expiry date of your debit or credit card numbers are kept for order verification and identification purposes only. If your debit or credit card has been used without your authorisation, you must notify your card provider in accordance with their reporting rules and procedures.

 COLLECTION INFORMATION WHEN YOU VISIT OUR WEBSITE

 We collect and monitor how you use our Website, what areas you visit and the amount of times you visit. This information is used solely to enhance and develop our Website. We do not pass this information onto third parties unless we are required by law to do so.

 PICK UP AND DELIVERY

 Many of our products are made to order. For this reason, goods can take up to 3-6 weeks to deliver.

 Please email Catherine@stjameswhitting.com to receive an estimated product completion and pick up time.

 RETURNS AND EXCHANGE POLICY

 We do not offer refunds other than for faulty goods, which can be exchanged within 14 days of purchase, so long as they are in the same condition that you received them in.

 PRODUCT AVAILABILITY

 As many of our products are handmade, availability may be subject to the current level of demand at any given time. We strive to meet estimated delivery times, but these may vary in times of excess demand. For this reason, if you need a particular product by a certain date, please notify us at least six weeks in advance.

 PRODUCT CARE

 We are not responsible for any loss or damage resulting from the improper care of any products purchased from the Website.

 LINKS TO THIRD PARTY WEBSITES

 The Website may, from time to time, contain links to third party websites. We do not necessarily endorse the content of these third party websites, and we cannot be held responsible for any loss or damage that you may suffer as a result of your interaction with any third party websites.

 Errors and changes within the Website

 While we seek to ensure that all details, descriptions and prices, which appear on the Website, are accurate and up-to-date, we reserve the right to change these details, descriptions and prices without notice. Your continued use of the Website after such changes have been made constitutes an acceptance of the new Agreement, including the prices of the goods. We do not accept responsibility in the event that the Website is unavailable due to computer downtime, malfunction or any event outside our control.

 SECURITY

 St James Whitting cannot guarantee any data or program available for download on this Website (or any linked website) is free of viruses or other spyware. You agree that you assume the risk of any damage to your computer as a result of using this Website.

 COPYRIGHT

 All content, including photography and graphics featured on the Website, are protected by Australian and International Copyright Laws. You must not download, display, print or reproduce material from any part of this Website, without our prior consent. For more information on this, please email us via our ‘Contact’ section of the Website.

 Intellectual property and trade marks

Unless otherwise noted, all materials on the Website are protected by copyright, trademarks and/or other intellectual properties owned by us or which we have license to use.

LIMITATION OF LIABILITY

 To the maximum extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at our option. Our exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity even if we have been notified of the possibility of such loss or damage. You agree that our liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

 FORCE MAJEURE

 We will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond our reasonable control.

 TERMINATION

 We reserve the right to terminate this Agreement at any time. We shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.

 WAIVER

 Failure of either party to enforce any right it has under this Agreement will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.

 JURISDICTION

 This Agreement is governed by the laws of NSW, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of NSW, Australia in any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement. Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of NSW, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement. If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.

 CONTACT US

 If you have any questions about this Agreement, your order, the products featured on the Website, or any other general enquiries, please feel free to contact us here

ORDERS

  1. The placing of an order as a result of this quotation is a full acceptance of the terms and conditions stated herein.
  2. 50% on acceptance of quotation. 50% final balance due prior to specification.
  3. All design remains the property of St James Whitting until payment is received in full.
  4. A project cannot be cancelled except under terms, which will compensate the company for all the work done and materials used.
  5. All effort will be made for delivery dates to be adhered to. However, we cannot be held responsible for delays due to circumstances beyond our control.
  6. Goods are unable to be held in storage. If goods are unable to be fitted on completion, delivery to site and payment are required (excludes installation)
  7. Neither St James Whitting, its subsidiaries, Décor InStyle Pty Ltd will be responsible for loss or damage arising out of or in connection with the use of this site/design solutions. This is a comprehensive liability that applies to all damages of any kind including ( without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
  8. All design work on this site remains the intellectual property of St James Whitting and is not permitted to be used or copied in any form without the written permission from the directors.
  9. To Comply with the “Terms and Conditions of Warranty” the invoice is required
  10. Removal of existing window coverings are clients’ responsibility

 

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