Terms and Conditions for Grounded Rugs These Terms and Conditions constitute a contract between the customer (You) and Grounded Rugs Pty Ltd (Grounded Rugs).
In these Terms and Conditions We, Our or Us means Grounded Rugs; and You or Your means the person who accepts these Terms and Conditions, by:
Using the Ground Rugs Website and associated software, networks and processes, including the purchase of Rugs or services through the Website (Online Order); or
Purchasing a Rug from a Grounded Rugs Showroom or Grounded Rugs Wholesale Stockist (Purchase).
1.2 By browsing the Website, or placing an Online Order, or making a Purchase instore at Grounded Rugs Showroom or via a Grounded Rug Wholesale Stockist, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Rugs. 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 or by email
2. Legal Capacity
If You are under the age of eighteen (18) years You cannot place Online Orders with Grounded Rugs. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1 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. 3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You 3.4 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.
4. Pricing 4.1 Prices displayed on the Website or in the Grounded Rug Showroom are subject to change without notice. 4.2 Once an Online Order has been accepted by Us and a Purchase Contract formed under clause 6 or Purchase made, the price of the Rug cannot be varied except:
by agreement between You and Us in writing or by email; or
in accordance with clause 7.3.
4.3 All prices listed on the Website include Delivery Costs for Australia and New Zealand. 4.4 All prices listed on the Website are in Australian Dollars (AUD) for Australian and New Zealand Dollars (NZD) for New Zealand residents and in United States Dollars (USD) for international residents other than Australia and New Zealand
5. Rug Specifications 5.1 Features and specifications of our Rugs as described, displayed or depicted on the Website, Grounded Rug Showroom and at Grounded Rug Wholesale Stockists are subject to change without notice, as they are handcrafted by artisans and are subject to variations, which don’t constitute defects or faults, these include:
Our Rugs are made from natural and sustainable materials which means that the colour may vary, we use our best efforts to minimise colour variation, however there may variation in colour. (correct)
The artisan nature of our Rugs means that the size may vary within a +/- 3% from the size ordered.
Unfortunately placing Rugs in direct sunlight can cause them 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 away from direct sunlight.
As we are committed to natural and sustainable fibres, our artisanal Rugs may initially shed loose fibres as part of their normal process.
As our Rugs are handmade by artisans, minor variations may be evident including line/weave thickness.
As You use and enjoy Your Rugs, traffic, vacuuming, moving furniture and other normal use of Your Rug may result in agitation and sprouting or pilling. This can be trimmed with scissors. Recommendations on increasing the lifespan of your Grounded Rug within your home are all contained in the Grounded Rugs Care Card which is included with every purchase of a Grounded Rug to assist You, the Customer, in achieving the maximum lifespan of the handmade Rug.
5.2 All weights and dimensions of Rugs described in the Website, or in Grounded Rugs Brochures and marketing materials are approximate.
6. Online Orders
6.1 You may place an Online Order by following the instructions on the Website. By placing an Online Order, You make offer to enter into an agreement to purchase the Rug(s) the subject of Your Online Order (Purchase Contract). From time to time a Rug will be out of stock and this will be advised to You on the website. As our commitment to You will use our best efforts to have the item back in stock within 3-8 weeks. You as the customer can provide your email via the website to be notified when the selected sold out item is back in stock. At no time do we “pre sell” sold out rugs online. We only sell online for inventory that is currently in stock and available. 6.2 Online Orders will be deemed to have been received by Grounded Rugs at the time Grounded Rugs sends an Online Order confirmation to Your nominated e-mail address. 6.3 Grounded Rugs’ online business will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populates the field requesting mobile phone number contact for delivery purposes only. 6.4 Grounded Rugs reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Online Order at any time prior to dispatch of the Rug(s). 6.5 In the event of a cancelled Online Order not 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. 6.6 Grounded Rugs does not accept any responsibility for Online Orders that are declined, delayed or not accepted due to disruptions with internet connections. 6.7 Grounded Rugs 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 Grounded Rugs (or its affiliates), and Grounded Rugs shall be entitled to a reasonable extension of time for the performance of such obligations. 6.8 Where You have provided an incorrect or incomplete delivery address for Your Online Order or Purchase from a Grounded Rugs Showroom or Grounded Rugs Wholesale Stockist, We may charge a redelivery fee for each subsequent delivery attempt.
7.1 Full payment for Rugs must be made at the time of purchase. 7.2 You may provide Your nominated credit card account during the purchase process described on the Website. We do not store Your credit card or any account details. We will not be liable for any damages or losses caused if a member’s card is used fraudulently. 7.3 Payment for Online Orders will be processed immediately upon confirmation of Your Online Order. 7.3 Despite Our best efforts, on occasion it may be possible that a small number of the Rugs in Our range 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 request whether You want to buy 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, or where the higher incorrect price has been charged, We will refund the price difference and send You the Rug. 8.Online Orders -Delivery and ownership of the goods 8.1 We try to ensure that all Rugs are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and our third party road, air or sea freight carriers and other factors outside of Our control may result in delays. Grounded Rugs does not accept any liability for loss or damage suffered by anyone as a result of any such delays. 8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Grounded Rugs. 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 of the Rug(s). 8.3 Grounded Rugs, or our third party freight carriers, will not deliver Rugs to PO Box addresses. 8.4 Where a Customer gives written authority for Rugs to be delivered without a signature, any and all included insurance cover will be voided. 8.5 The couriers or postal services nominated by Grounded Rugs will deliver Rugs during local business hours (9am to 5pm, Monday to Friday excluding public holidays). 8.6 Grounded Rugs is not responsible for the delivery times of Rugs. Once Rugs have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Grounded Rugs (as notified to the Customer) in relation to date and time of delivery. Grounded Rugs shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. 8.7 Grounded Rugs reserves the right to not ship to remote or rural locations.
9.0 Refunds and returns 9.1 We are committed to our Rugs and Your enjoyment of them, therefore if You are not completely happy, You may return it to us within seven (7) days of purchase from a Ground Rugs Showroom or for an Online Order seven (7) days from the date of receipt of Your Rug, for a 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. Rugs that are damaged or soiled will not be accepted for return.
There is a 10% return charge applied to all returned rugs, including exchanges. This is to cover the cost of the initial transport to deliver the rug to you and to cover the administration costs involved in the returns process.
We request that you arrange for the rug to be returned to the address below and wrapped to the same standard in which you received it. Please ensure the rug is fully protected to travel in wet weather conditions.
Below are links of suggested transport companies to help you select which courier you would like to use in returning your rug to us. Of course you are welcome to use a preferred transport company should you have one.
Alternatively, you may personally return your rug to our Sydney Warehouse Unit 9, 76B Edinburgh Road Marrickville NSW 2204 only after contacting us on 02 9319 5824 to arrange a day and time.
Once we have received the rug back into our warehouse and completed a quality control check, we will then notify you of your refund which will go back into the same method of original payment. Refunds may take up to ten (10) days to appear in your account.
We will require that you provide the receipt as proof of purchase and for Online Orders the delivery advice/note as well. Any Shipping and handling charges are non-refundable. For international returns including New Zealand, we will not credit customs and duties paid on Your Online Order or Purchase; this must be pursued by customers. Grounded Rugs is not liable for the loss of the item being returned. The value of an 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.
Returns must ONLY be delivered to :
Unit 9, 76B Edinburgh Road
Marrickville NSW 2204
Please contact Grounded Rugs Client Services team at 02 9319 5824 or email@example.com to assist with Your return or exchange.
9.2 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
9.3 All refunds may take up to 10 business days to be processed.
9.4 Refunds are strictly limited to those available under clauses implied by statute.
9.5 The Customer must comply with directions from Grounded Rugs staff to facilitate a return.
9.6 Subject to clause 10.7, it is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Rugs lost in transit.
9.7 Where You are returning a Rug to us because of Our failure to comply with a consumer guarantee, You must return the Rug to us at Your cost .
Where You are returning a Rug to us, we take no responsibility for a Rug lost in transit.
9.8 On sale items are excluded from any refunds or returns.
10.1 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. 10.2 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
11. Liability To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data 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; and 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 limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
12. Intellectual Property
All Intellectual Property in any Material on the Website, in Grounded Rugs Brochures and marketing materials and our Rugs including designs (collectively “Material”) is the property of Grounded Rugs. 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.
13. Privacy By placing Your Online Order, making a Purchase or otherwise contacting Grounded Rugs, You agree that We may store, process and use data collected from Your Online Order or Purchase for the purposes of processing Your Online Order or Purchase. By placing Your Online Order, making a Purchase or otherwise contacting Us, You also agree that we may use such data, other than credit card details, in order to provide You with information from time to time on other Grounded Rugs that may be of interest to You. You may obtain a copy of the data held by us concerning You on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning You is incorrect, we will correct it on Your written request.
14.1 Title and risk in the Grounded Rug(s) passed to You;
a) For Online Orders: at the point of dispatch or embarkation by Grounded Rugs to the Courier.
b) For Purchases at Grounded Rugs Showroom or Grounded Rugs Wholesale Stockist: upon payment in full for the Rug(s).
14.2 Grounded Rugs reserves the right to make changes to the Grounded Rugs Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts or Purchases entered into prior to the date of the publication of the revised Terms and Conditions.
14.3 Any provision of these Terms and Conditions which is void or unenforceable may be served from these Terms and Conditions without affecting the enforceability of other provisions.
14.4 A failure or delay by Grounded Rugs 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 Grounded Rugs does not preclude its future ability to exercise that or any other power or right.
14.5 Insofar as they apply tot he ordering, purchase, fulfilment and delivery of Grounded Rugs from groundedrugs.co, these Grounded Rugs 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 Grounded Rugs employee or agent has the authority to vary any of the Terms and Conditions governing any sale.