Terms and Conditions - Restoration Warehouse

1. About The Website

Welcome to Restoration Warehouse, The Website provides you with an opportunity to browse and purchase various products that have been listed for sale. The Website provides this service by a way of granting you access to the content on the website ( ‘Purchase Services’)
The Website is operated by Restoration Warehouse (ABN 87 662 163 886).
Access to and use of the website, or any of its associated Products or Services, is provided by Restoration Warehouse. Please read these Terms and Conditions carefully. By using, browsing and/or reading the website, the signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services.
Restoration Warehouse reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Restoration Warehouse updates the Terms, it will use reasonable endeavours to provide you with notice of updates to Terms. Any Changes to the Terms take immediate effect from the date of their publications.

2. Acceptance of the Terms

You accept Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Restoration Warehouse in the user interface.

3. Registration to use the Purchase Services

To access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services. you may be required to provided personal information about yourself (such as identification or contact details ), Including:
1. Email address
2. Preferred username
3. Mailing address
4. Telephone number
5. Password
You warrant that any information you give to Restoration Warehouse in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be registered member of the Website and agree to be bound by the Terms. As a member, you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
1. You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your Obligations as a Member

As a member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
1. The Terms.
2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3. You are the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.
4. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Restoration Warehouse of any unauthorised use of your password or email address or any breach of security of which you have become aware.
5. Access and use of the Website is limited, Non-transferable and allows for the sole use of the website by you for the purposes of Restoration Warehouse providing the purchase services.
6. You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website.
7. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Restoration Warehouse for any illegal or unauthorised use of the website.
8. You acknowledge and agree that any automated use of the website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through website, You will agree to the payment of the purchase price listed on the website for Product.
Payment of the Purchase Price may be made through Stripe. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment Gateway Provider.
Following payment of the Purchase Price is confirmed, you will be issued with a receipt to confirm, that the payment has been received and Restoration Warehouse will record your Purchase details for future use.
Restoration Warehouse may, at their sole discretion, provide a refund on the return of the product within 30 days where the Product is unopened and remains in saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.=

6. Warranty

Restoration Warehouse’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a repair at no additional cost for the fault of the Product if you have warranty. You are entitled to have the Products repaired if the Product fail to be of acceptable quality and the failure does not amount to a major failure.
You may make a claim under this clause (The Warranty Claim) for material defects and workmanship in the Products within 12 months from the date of Purchase ( The Warranty Period)
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Restoration Warehouse.
Showing the date of purchase of the products, provide a description of the products and the price paid for the products by sending written notice to Restoration Warehouse by Email at Sales@restorationwarehouse.com.au or Phone (07) 3568 4925
When the Warranty claim is accepted, Restoration Warehouse will at its sole discretion, either repair or replace any defective products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labor. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty claim.
The Warranty shall be the sole and exclusive warranty granted by Restoration Warehouse and shall be the sole exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness for use are limited to the warranty period.
The Warranty does not apply to any appearance of the supplied product nor to the additional excluded items set forth below nor to any supplied products where the exterior of which has been damage or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

You acknowledge that the Purchase Services offered by Restoration Warehouse integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Services Providers’)
In providing the Purchase Services, Restoration Warehouse provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Services Providers. You acknowledge and agree that Restoration Warehouse is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that the item is lost or damaged in the course of the Delivery Service, Restoration Warehouse asks that you:
1. Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available
2. Contact us by sending an email to Sales@restoartionwarehouse.com.au outlining in what way the products were damaged in transit as well as providing a photograph of the damaged goods so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

The Website, the Purchase Service and all the related products of Restoration Warehouse are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through the international treaties. Unless otherwise indicated, all rights (Including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by Restoration Warehouse or its contributors.
Retains all rights, title and interest in and to the website and all related content. Nothing you do on or in relation to the website will transfer to you:
1. The business name, trading name, domain name, trade mark or industrial design.
2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design.
3. a system or process that is the subject of a patent, registered design or copyright ( or an adaptation or modification of such a system or process)
You may not, without the prior written permission of Restoration Warehouse and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party content for any purpose. This prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain.

9. Privacy

Restoration Warehouse takes your privacy seriously and any information provided through your use of the website and/or the Purchase Services are subject to Restoration Warehouse’s Privacy Policy, which is available on the website.

10. General Disclaimer

You acknowledge that Restoration Warehouse does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these terms.
Restoration Warehouse will make every effort to ensure a Product is accurately depicted on the website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by Law:
1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded
2. Restoration Warehouse 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise.
Use of the website, the Purchase Services, and any of the products of Restoration Warehouse (including Delivery Services) is at your own risk. Everything on the website, the Purchase Services, and the products of Restoration Warehouse, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Restoration Warehouse including any third-party where the Delivery Services are made available to you) make any express or implied representation or warranty about its content or any products or Purchase Services (including the products or Purchase Services of Restoration Warehouse) referred to on the Website. This includes (but is not restricted to? Loss or damage you might suffer as a result of the following:
1. Failure of performance, error, omission, interruption, deletion, loss of data, communication line failure, unlawful third party conduct, or theft, destruction alteration or unauthorised access to records.
2. The accuracy, suitability, or currency of any information on the website, the Purchase Services, or any of its Content related products (including third-party material and advertisements on the website)
3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products
4. the Content or operation in respect to links which are provided for the user’s convenience
5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting conduct.

11. Confidential

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purposes of applicable laws of evidence.