Terms & Conditions

Terms and Conditions for Rug Porter

Rug Porter

1. Agreement

1.1

In these Terms and Conditions We, Our or Us means Rug Porter; and You or Your means the person who accepts these Terms and Conditions, by

using the Rug Porter website (‘Website’) and associated software, networks and processes, including the purchase of rugs through the Website (‘Online Order’).

1.2
By browsing the Website, placing an Online Order, or making a purchase via Rug Porter, You agree to the Terms and Conditions set out below. These Terms and Conditions constitute a legally binding agreement between Us and You.

1.3
The agreement together with Your Online Order/purchase constitutes the entire agreement between Us and You for the supply of rugs. The agreement cannot be varied unless We agree to vary it in writing.

2. Pricing

2.1
Prices displayed on the Rug Porter Website are subject to change without notice.

2.2
Once an Online Order has been accepted by Us and an Online Order is made, the price of the rug cannot be varied except:

1. by agreement between You and Us in writing; or

1. in accordance with clause 5.3.

2.3
All prices listed on the Website include delivery costs to addresses in Australia and New Zealand.

2.4
All prices listed on the Website are in Australian Dollars (AUD).

3. Rug Specifications

3.1
Features and specifications of our rugs as described, displayed or depicted on the Website are subject to change without notice. Our rugs are handcrafted and may be subject to variations, which do not constitute defects or faults. When purchasing a rug from Us please be aware that:

1. Our rugs are made from natural materials. This may mean the colour varies slightly.We endeavour to minimise differences,, however there may be some variation in colour.
   
   
2. As Our rugs are handcrafted this can occasionally result in slight size variation (within3%) from the size ordered.
   
   
3. As Our rugs are handmade, minor variations may be evident including line/weave thickness.
   
   
4. As Our rugs are made from natural fibres, they may initially shed loose fibres as part of their normal process.
   
   
5. When rugs are placed in direct sunlight for extended periods of time, that may cause  Your rug to fade. Dark colours and shades will fade in natural light. In order to minimise fading we recommend that You rotate Your rug or move it away from direct sunlight.
   
   
6. As You use and enjoy Your Rugs, traffic, vacuuming, moving furniture and other normal use of Your rug may result in agitation, sprouting or pilling. Recommendations on increasing the lifespan of your rug can be discussed with our friendly staff.  

3.2
All weights and dimensions of rugs described on the Website and marketing materials are approximate.

4. Online Orders

4.1
You may place an Online Order by following the instructions on the Website. By placing an Online Order You make an offer to enter into an agreement to purchase the rug(s) the subject of Your Online Order. From time to time a rug may be out of stock and We will advise you of this either on the website or as soon as We become aware. We will use our best efforts to have the rug back in stock within 3-8 weeks.  You can provide your email via the Website to be notified when the selected sold out rug is back in stock.  We do not “pre-sell” sold out rugs online.  We will only sell to You inventory that is currently in stock and available.

4.2
Online Orders will be deemed to have been received by Rug Porter at the time Rug Porter sends an Online Order confirmation to Your nominated e-mail address.

4.3
We will primarily communicate with You via e-mail. It is Your responsibility to ensure the correct contact details are entered and that Your nominated e-mail address is regularly checked for correspondence.  We prefer that you also include your mobile phone number when providing Your contact details to assist Us with ensuring Your rug is delivered to Your nominated address.

4.4
Rug Porter reserves the right to decline an Online Order and may cancel Your Online Order at any time prior to dispatch of the rug(s).

4.5
In the event we cancel an Online Order for a item that has not been dispatched, funds paid in relation to that Online Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

4.6
Rug Porter does not accept any responsibility for Online Orders that are declined, delayed or not accepted due to disruptions with internet connections.

4.7
Rug Porter shall not be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond the reasonable control of Rug Porter (or its affiliates), and Rug Porter shall be entitled to a reasonable extension of time for the performance of such obligations.

4.8
Where You have provided an incorrect or incomplete delivery address for Your Online order from Rug Porter, We may charge a redelivery fee for each subsequent delivery attempt.

5. Payment

5.1
Full payment for Your Online Order must be made at the time of purchase.

5.2
You may provide Your nominated credit card account while making an Online Order. We do not store Your credit card or any of Your account details. Rug Porter is not liable for any damage or loss resulting from fraudulent activity connected to Your credit card.

5.3
Payment for Online Orders will be processed immediately upon confirmation of Your Online Order.

5.4
Despite Our best efforts, on occasion it may be possible that a small number of the rugs may be incorrectly priced on the Website. If We have made a mistake and a rug's correct price is higher than the price on the Website, We may either contact You before shipping to inquire as to whether You want to purchase the rug at the correct price or cancel Your Online Order. If a rug's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the rug. Where the higher incorrect price has been charged, We will refund the price difference..

6.Online Orders -Delivery and title

6.1
We try to ensure that all rugs are delivered to You promptly.. However, from time to time, it is possible that there will be delays in shipping which are outside of Our control. Rug Porter does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

6.2
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Rug Porter. Where scheduled dispatch of a Rug is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Online Order. Customers are permitted to cancel their Online Order and receive a refund or store credit at any time prior to dispatch.

6.3
Rug Porter, or our third party freight carriers, will not deliver rugs to PO Box addresses.

6.4
Where You give written authority for a rug to be delivered without a signature, any and all included insurance cover will be voided and Rug Porter does not accept any responsibility for any loss or damage which results from the rug being left at Your nominated address.

6.5
The couriers or postal services nominated by Rug Porter will deliver rugs during local business hours (9am to 5pm, Monday to Friday excluding public holidays). 

6.6
Rug Porter is not responsible for the delivery times of rugs. Once rugs have been dispatched, it is the Customer’s responsibility to liaise with the courier nominated by Rug Porter (as notified to the Customer) in relation to date and time of delivery. Rug Porter shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

6.7
Rug Porter reserves the right to not ship to remote or rural locations. Rug Porter will endeavour to advise You as soon as possible if it cannot ship to your location.

7.0 Refunds and returns

7.1
If You are not completely happy with Your rug, You may return it to us within seven (7) days from the date of receipt of Your rug,  for a full refund or exchange. Returned rugs under the returns policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. Rug Porter, at its sole discretion, may refuse to accept a rug under the returns policy if a rug has not been returned in re-saleable condition. Rugs that are damaged or soiled will not be accepted for return.

7.2
Returns are refunded in the original payment form for the price, less a 10% return fee (which covers shipping and restocking).  We will require that You provide the receipt as proof of purchase and the delivery advice/note as well. Any shipping and handling charges are non-refundable.

7.3
The value of a returned item is determined by the amount paid and listed on Your invoice. If You are exchanging for a completely different item, the value of the new item is determined by the online listed price at the time Your exchange is processed. Please contact  Rug Porter Client Services team on info@rugporter.com.au to assist with Your return or exchange.

7.4
Refunds may take up to 10 business days to be processed.

7.5
The Customer must comply with directions from Rug Porter’s staff to facilitate a return.

7.6
It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for rugs lost in transit.

7.8
On sale items are excluded from any refunds or returns.

8. Warranties

8.1
The following warranty only applies to household residential use only. Artisans make our rugs by hand and as such We are unable to have an unconditional warranty. We believe in Our Rugs and Our Artisans and as such we stand behind them both and will repair or replace any Rug if it is defective within six (6) months from the date of purchase as long as the Rug was used in normal household purposes and maintained in accordance with the care instructions issued by Us. For the avoidance of doubt, a Rug is not defective if there is a manufacturing variation as described in clause 5 above. Any negligent or improper use or neglect will void this warranty, ie. Spillages or otherwise. This warranty does not apply to any commercial, contract, rental, trade, institutional or other non residential use.

8.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

9. Liability
To the extent permitted by law Rug Porter will not be liable for any loss of income, profits, contracts, or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any rug supplied to You whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to us in respect of the Rug(s) in question.
For the avoidance of doubt, nothing in this clause is intended to limit or restrict Your ability to make a claim that may be available to You pursuant to the Australian Consumer Law.

10. Intellectual Property
All Intellectual Property in any Material on the Website, in Rug Porters brochures and marketing materials and our rugs including designs (collectively “Material”) is the property of Rug Porter. Unless expressly authorised under these Terms and Conditions or otherwise, You may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material

11. Legal Capacity
If You are under the age of eighteen (18) years You cannot place an Online Order with Rug Porter. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.

12. Website Use

12.1
The website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

12.2
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You

12.4
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

13. Privacy Policy
This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we may collect through the Website or directly from you. By providing us with personal information you acknowledge and agree that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.

13.1
The type of personal information we collect is set out on Our Website. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

13.2
We collect and use personal information for purposes including to contact You and communicate with You, for internal record keeping and for marketing purposes.

13.3
We may disclose personal information for purposes including to provide our products and services to you, and as required by Australian law. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding the handling of Your personal information.

13.4
You may request details of personal information that we hold about You. In certain circumstances as set out in the Privacy Act 1988 (Cth) (‘the Privacy Act’). An administrative fee may be payable for the provision of information. We may refuse to provide You with information that We hold about You in certain circumstances as set out in the Privacy Act. If You believe that any information We hold in relation to You is inaccurate, out of date, incomplete, irrelevant or misleading, please contact Us by email. We rely in part upon You advising Us when Your personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

13.5
If You believe that We have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact Us on the email address below.

13.6
To unsubscribe from Our e-email database or opt out of communications, please contact us at the details below.

13.7
We are committed to ensuring that the information you provide is secure.

Contact details:

[Give a contact name and email address]

14. Miscellaneous

14.1
Title and risk is passed to You at the point of dispatch of your Online Order.

14.2
Rug Porter reserves the right to make changes to the Rug Porter Website and these Terms and Conditions without notice.  For the avoidance of doubt, any such changes will operate from the time that the revised Terms and Conditions are published on the website and will not impact any Online Order or purchases entered into prior to the date of the publication of the revised Terms and Conditions.

14.3
Any part of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 

14.4
A failure or delay by Rug Porter to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Rug Porter does not preclude its future ability to exercise that or any other power or right.

14.5 
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Rug Porter from Rug Porter Pty Ltd, these Rug Porter Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales and Australia and the parties submit to the jurisdiction of the courts in that State.

14.6 
No Rug Porter employee or agent has the authority to vary any of the Terms and Conditions.