Terms and Conditions
The terms and conditions listed below apply to orders made on and before October 1st, 2019.
These terms of use (“Terms of Use”) and the associated Privacy Policy govern the access, use of the website and sale and purchase of Desired Living products. By accessing, using, being made aware of the website, you confirm that you have read and understood and wholly and unconditionally agree to be legally bound by and accept these Terms of Use.
1. Definitions
“We”, “Us”, “Our”, “Desired Living” or “desiredliving.com.au” means DL Furniture Pty Limited ACN 605 540 494 trading as “Desired Living”.
Website means the domain and its content at www.desiredliving.com.au owned wholly by DL Furniture Pty Limited ACN 605 540 494 trading as “Desired Living”.
Purchaser means the party that has entered in a transaction as the purchaser for a products on the Website , In-Store, by Email or by Phone.
2. General Disclaimer
2.1 The information and products offered on or through the website are without warranties of any kind either expressed or implied. Desired Living, its officers, consultants and employees:
a. disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose;
b. do not warrant that the website or any of its functions will be uninterrupted or error-free; that defects will be corrected or that any part of this site and servers are free of harmful components; and
c. do not warrant any reliability, accuracy, adequacy or completeness of the information contained in the Website nor admits any liabilities arise in any way for errors in, or omissions from the information contained in the Website.
2.2 Desired Living reserves the right to modify and/or replace these Terms of Use from time to time without notice. Your continued dealings with Desired Living constitutes your agreement to the most up-to-date terms and conditions and any of its amendments.
3. Intellectual Property
3.1 The copyright for the content on this website and rights for properties including but not limited texts, graphics, names, trademarks, logos is owned or licensed by Desired Living and is protected under theCopyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries except where specified otherwise.
3.2 No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Desired Living.
4. Privacy Policy
Our privacy policy governs the use of information collected from or provided by you on the Website.
5. Third party linkage
5.1 The Website may contain links to other websites with and/or in other domains, which are not operated by Desired Living (“Third Party Links”). Desired Living has no control over Third Party Links nor its contents and as such accepts no responsibility nor liability arising from their usage.
6. Website Content
6.1 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
a. this website;
b. any materials, information, news advertisements, listings, pricing, data input, text, pictures, graphics, software, suggestions, ideas and other content, that is made available on or via this website (collectively, “Content”),
except, to the extent permitted, with the prior written consent of Desired Living or unless expressly permitted in these terms and conditions.
6.2 Without prejudice to the generality of the above clause, you agree not to reproduce, display or otherwise provide access to the website or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Desired Living.
Conditions of sale
7. Orders
7.1 All prices displayed on the Website and in any of our publicity materials are in Australian dollars and inclusive of GST.
7.2 All products displayed on the Website and in any of our publicity materials constitute an invitation to treat.
7.3 Any order placed for purchase of a particular product on the Website for the price displayed at the time of the order is taken to be an offer made by you to Desired Living to purchase that product at that price and is bound by these conditions of sale.
7.4 Desired Living reserves the right to accept or refuse your offer to purchase for any reason including but not limited to the unavailability of stock, an error in the price displayed or an error made by you in placing the order.
8. Product appearance
8.1 The Purchaser bears the responsibility to check all relevant measurements to ensure that the product to be purchased is suitable for its intended use and modes of transport. Desired Living is not responsible for products that are not fit for its intended purposes and modes of transport due to errors in measurements made by the Purchaser.
8.2 Desired Living shall make best endeavours to produce accurate representations of colours of its products. However, actual colours may vary from what is displayed as a result of technological discrepancies in visual display settings.
8.3 The Purchaser acknowledges and agrees that the product is of natural characteristic and therefore the colour or finish of the product may vary by up to 10% from the sample product or from any product specifications you may view online.
8.4 Purchasers may request for samples of the materials used in the manufacturing of Desired Living products subject to their availabilities and the ease of showing such samples.
8.5 You acknowledge that the item(s) are handmade and therefore the size of any product may vary by 6% from the original product dimensions as shown on our website or on the invoice.
9. Deposit
9.1 The Purchaser is required, at the time of purchasing a product, to pay for the product in full. Desired Living reserves the right to accept other amounts in accordance with its discretions.
10. Contract of sale
10.1 The Purchaser bears the responsibility of managing the security of his/her personal and/or financial information. Where transactions take place through the Website, Desired Living does not take responsibility for transactions that arise as a result of security breaches and/or mismanagement of the Purchaser’s personal and/or financial information.
10.2 The Buyer’s placement of an order for any product with Desired Living, is deemed to be an offer by the Buyer to purchase goods pursuant to these conditions of sale. The placement of an order with Desired Living includes but is not limited to through the website, on the phone, via email or in person.
10.3 Desired Living’s acceptance of the Purchaser’s order through the issuance of a formal invoice to the Buyer, constitutes acceptance of the Buyer’s offer to purchase the Product from Desired Living, and brings into existence a legally binding contract between the parties on these terms and conditions of sale. Any further new terms not part of the Invoice, or these terms and conditions, does not form part of the contract between Desired Living or the Buyer, unless otherwise agreed by the parties in writing.
10.4 Desired Living is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the website or any other digital or printed medium including brochures, banner advertisements and other promotional materials. If an error or inaccuracy is discovered with regards to the advertised price of the goods that the Buyer has ordered, Desired Living will contact the Buyer as soon as possible by email. This will be to inform the Buyer of the correct price of the goods, and to ask the Buyer if the Buyer wishes to continue with the order at the amended price, or to cancel the order altogether
11. Payment methods
11.1 The accepted payment methods are cash, credit cards, bank transfer and cheque.
11.2 In the case where the buyer pays by cheque or direct deposit, notwithstanding any issuance of an invoice by Desired Living, the contract does not form until payment has been cleared.
11.3 The buyer must comply with the terms and conditions as applicable for each method of payment.
11.4 Zip Pay, Zip Money and any other interest free payment options are only valid for full priced orders. Where orders are purchased under a promotion, of if a discount is offered, accepted payments are cash, credit cards, bank transfers or cheque.
12.Availability
12.1 Desired Living shall notify the Purchaser of the expected time of delivery through the invoice.
12.2 The expected time of delivery are approximate guides and are not guarantees. Desired Living reserves the right to increase production lead time without prior consent.
12.3 The Purchaser agrees that Desired Living is not required to offer any additional compensation to the Buyer for non-delivery of the item/s ordered within the expected time specified, unless agreed to in writing.
12.4 Once the Purchaser is notified of a delivery date, acceptance of the goods is required within 7 days. If the Purchaser is not ready to accept the goods for any reason whatsoever, Desired Living reserves the right to move the items into storage. The cost of storage will be billed to your account at a rate of $150 per fortnight per each individual sofa set.
13. Delivery
13.1 Payment of the full amount on the invoice is required before the item(s) will be shipped to the Purchaser.
13.2 Legal title of the goods is transferred to the Purchaser once they are shipped to the Purchaser from Desired Living’s distribution centre.
13.3 All products are delivered to your nominated address by an independent, third party couriers or removalists. All agents are neither part of, nor affiliated with Desired Living and are only engaged to carry the delivery job on your behalf. Desired Living does not accept any claims or liability arising out of conducts by the courtier or removalist.
13.4 All goods are covered by our transit insurance on behalf of the Purchaser. In the event that the item is loss or damaged during transit, Desired Living will bear the cost of either replacing or repairing the damage.
13.5 Quoted times for delivery of products are not guaranteed and is taken to be estimation only. Time is not taken to be an essential clause of the contract unless specified in writing by both parties.
13.6 Desired Living is not obliged to offer any additional compensation to the Purchaser for non-delivery or late-delivery of the product ordered.
13.7 Delivery service does not include unpacking, removal or assembly of products unless organised and agreed to by Desired Living in writing prior to delivery.
13.8 Please note that courier fees are based on deliveries where there is a ground floor access only. Additional charges apply for deliveries up stairs or over balconies/fences. The Purchaser must evaluate and measure the access to his/her location to ensure that Products fit upon delivery. In the event that the product does not fit and has to be returned to us by the courier, a secondary delivery fee is applicable for the return.
13.9 The Purchaser will ensure someone is available at the specific premises to receive the goods. If a delivery was arranged in advance and subsequently cannot be completed due to reasons within the Purchase’s control, the Purchaser will be charged for any subsequent delivery.
13.10 Delivery is generally to your door only. The removalists will offer to move the items into your home, provided that there is good access. If a removalist assists in bringing the item(s) into your premise, acceptance is at your own risk. Desired Living will not accept any liability as a result of a removalist’s action on your premise.
13.6 It is the responsibility of the Purchaser to ensure there is sufficient access on the premise so that delivery of the item(s) can be made without obstruction. The Purchaser must ensure that the item(s) is able to fit through doorways, passageways or stairs and will fit into the designated living space. If the item is unable to fit into any of the above areas, the courier will leave the items in the most accessible area on the Purchaser’s premise. Failure to deliver into your desired location will not be essence of the Contract unless agreed previously in writing.
13.6 The Purchaser is deemed to have inspected the goods immediately upon receiving delivery. Any damage or issues on the goods must be notified to us in writing via email to [email protected]. This must be done within 7 days of delivery. The Purchaser must provide sufficient evidence to substantia the warranty claim. If the Purchaser fails to advise us of the damage set out above, the item(s) will be deemed to haven been delivered to you in good condition and in accordance to the Contract.
14. Collection
14.1 Collection of product must be made by appointment only, subject to availability. All bookings must be done via email to [email protected]. A confirmation of the appointment date and time will be provided by Desire Living. Bookings are not finalised until written confirmation is received by the Purchaser.
14.2 Failure by the Purchaser to attend the scheduled pick up will result in a $50 restocking fee.
14.3 Upon collection, an original Sales Order & Payment Receipt must be presented.
14.4 The Purchaser assumes all risk in association with the collection of products. Desired Living is not responsible for any damages to the product upon its collection by the Purchaser.
14.5 Desired Living dos not provide any assistance during collection due to OH&S requirements.
15. Standard Warranty
15.1 Desired Living provides standard warranty for its products that have been purchased in Australia. This standard warranty entitles to the Purchaser a replacement or refund for a major failure of the product(s) the Purchaser has purchased. The Purchaser is 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.
15.2 Refund requests as described in clause 15.1, must be made within 7 days of the delivery of the goods to your premise
15.3 Any transportation damage must be made within 7 days of delivery.
15.3 Desired Living warrants any goods purchased will be covered by a standard 12 month warranty period from the date whereby the Buyer takes possession of the goods.
15.4 This standard warranty will not apply if the goods have not been used or maintained in accordance with the relevant care instructions as provided with the product and/or any relevant care instructions.
15.5 All warranty claims must be submitted in writing, with a detailed description of the issue and accompanied by digital images referencing the desired claim. A copy of the original invoice is also required to validate the claim.
15.6 Liability for breach of this warranty and, to the extent legally permitted, liability for breach of any warranty, condition or right under the Australian Consumer Law or equivalent legislation which cannot be excluded, will be limited, at the our discretion, to either repair of the Goods, or to replace the defective Goods in question.
15.7 Replacement products under this warranty may vary slightly in colour and texture to the original given the natural characteristics of the product.
15.8 To the extent permitted by law, Desired Living is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of:
a. normal wear and tear which is taken to include the following:
i. leathers and fabrics will fade and crease;
ii. foam and fillings will soften and form the shape of the user over time;
iii. depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense;
b. the natural characteristics of the product which could include scars, marks and differing pore density and colour;
c. damage caused by any spills such as acid, solvents, dyes or other corrosive materials, ink, paint or bodily fluids.
These are only covered under an extended warranty.
d. damage caused by improper cleaning, negligence, treatment of the product with chemicals, exposing the product to the sun, extreme heat or bright light such as lamps, or otherwise caused by your acts and/or omissions; and
e. the cost of transporting the product to and/or from the specified place of repair or replacement or as the result of returning the product to Desired Living for any reason whatsoever.
16. Extended Warranty
16.1 Desired Living offers an extended 2 year warranty as an option for all Purchasers. Should this extended warranty be taken up, Desired Living warrants any goods purchased will be covered by an extended 24 month warranty period (2 years in total) from the date whereby the Buyer takes possession of the goods.
16.2 The Desired Living 5 Year Extended Warranty is in addition to the Desired Living Standard Warranty at an additional cost. This product is supplied by Guardsman. Details on the product can be found at http://www.guardsmanaustralia.com
17. Refund Policy.
17.1 We do not refund for change of mind.
17.2 Under limited circumstances, cancellations made within 48 hours of the initial order may be accepted by Desired Living but the Purchaser will incur a $200 cancellation fee.
17.3 Once 48 hours has lapsed from the time of order, cancellations will be considered on a case by case basis depending on how far the production process has progressed. Desired Living reserves the right to charge a minimum of 25% of the purchase price and up to the entire purchase price for any cancellations.
18. Limitation of Liability
18.1 Desired Living is not liable for:
a. any loss or damage to the goods resulting from any act or omission on the part of the Buyer, or the employees, contractors or agents of the Buyer; or
b. any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on the Seller’s part in relation to the obligations under a Contract of Sale, however caused; or
18.2 Desired Living expressly does not accept liability for any goods that are:
a. Damaged by accident;
b. Altered, reprocessed or repaired in any way other than by or through us, and
c. Fitted or used in breach of our conditions or use or technical specifications as published from time to time.
19. Governing Law
19.1 All parties to this contract agree to subject themselves to the exclusive jurisdiction of New South Wales, Australia
19.2 All parties to this contract agree to subject themselves to the laws of Australia and (if applicable) New South Wales, Australia.
20. Material
20A. Unless stated other wise in the Invoice/Quote under the designated section ‘Special Request’ . All lounges are made with Imported top grain cowhide leather which is used on all seating, backrest and armrest areas with a high quality synthetic leather match used elsewhere.
21. Newsletter Subscription Offers
21.1 *Discounts not to be applied retrospectively or to any existing orders placed. Not to be used concurrently with any other promotion or discount. 10% discount is on the base price of the sofa before customisation. Discount strictly applies to only models available on www.desiredliving.com.au. Discount can be used online though the code DLEM2019 via the checkout or can also be applied instore or over the phone when a furniture specialist is creating your order. 10% discount applies to sofas only.
22. End of month promotion (2019)
22.1 *Promotion not to be applied retrospectively or to any existing orders placed. Not to be used concurrently with any other promotion or discount. Only one free coffee table OR one free TV cabinet per order. A minimum one sofa set must be purchased in the order. Promotion only applies to products on www.desiredliving.com.au. This promotion is not valid for any payments made via Zip money. Promotion starts 12am, 23/09/19 and ends 11.59pm, 29/09/19, unless extended otherwise*