Terms and Conditions

OVERVIEW 

These Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”, apply to your use of the Dare Australia Pty Ltd ACN 661 030 646, (trading as Loungely) (“we”, “our” or “us” refer to Loungely) website located at loungely.com.au (“Site”). Loungely offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Please read these Terms and Conditions carefully before accessing or using our website. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you disagree with the terms and conditions, you must not access, browse or use this site. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools added to the current site shall also be subject to the Terms of Service and Conditions. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes. 

SECTION 1 – WEBSITE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority (18) in your state of residence to register an account to become a member of the Site and /purchase Products or Services on or via the Site, or that you are a parent or guardian. You have consented to allow any of your minor dependents to use this site.

We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 

SECTION 2 – MEMBERSHIP ACCOUNT 
You may register an account with us to become a member of the Site (“Account”) by providing your name, address, telephone number, and a valid email address and nominating a password (“Password”). Registration is free. If you do not provide accurate and complete details, we may not be able to activate your Account. You will receive an email confirming registration with us shortly after you have created your Account via the Site. You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time. You agree that you are solely responsible for any activity on your Account. You agree to notify us immediately if you become aware of any security breach or unauthorised use of your Password or Account.

SECTION 3 – ERRORS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We have the right to make an error and correct it.
Occasionally there may be information on our site or in the products & service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the products & service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the products & service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the products & service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated. 

We are not responsible if the information on this site is not accurate, complete or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4- MODIFICATIONS TO THE PRODUCTS AND PRICES/FEES
We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified) and do not include Delivery Costs. All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes, either up or down, will not be retroactively applied to confirmed Orders unless there has been a clear error. You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.

SECTION 5 – PRODUCTS OR SERVICES (if applicable) 

These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refunds Policy.

Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is always up-to-date, accurate and complete. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you. We reserve the right to alter the specifications of Products without notice. Such an alteration does not entitle you to return a Product or cancel an Order unless the alteration is material. Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included. All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only. Slight colour variations in Products displayed on the Site and their actual colour may occur due to the settings and type of computer/mobile device which you are using to view the Site.

 SECTION 6 – PAYMENT

You can pay for your order using any of the methods specified and made available on the Site (each a “Payment Processing Service”). A surcharge may apply to payments made by credit card, depending on the credit card used.

By placing an Order and using a Payment Processing Service, you agree to be bound by the terms and conditions of the respective Payment Processing Service you selected. As a condition of using a Payment Processing Service, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the Payment Processing Service.

Payment for all Orders will be processed immediately when they are submitted. You agree and acknowledge that we will treat an electronic instruction as authentic and are not obligated to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions or to verify the accuracy and completeness of such electronic instructions. If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details or rescind the transaction. In this case, it will not be fulfilled until your Order has passed our fraud prevention protocols. If you do not provide the requested information within 7 days, your order will be cancelled, and your payment will be refunded via the method you paid. These information requests are sent to help protect credit card holders from online fraud. However, we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases at our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates. We can complete your transactions and contact you as needed.

SECTION 8 – OPTIONAL TOOLS 
We may provide you access to third-party tools we neither monitor nor have any control or input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions, or endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new products & services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 9 – THIRD-PARTY LINKS AND RESOURCES ON OUR SITE

Certain content, products and services available via our Service may include third-party materials. The links from the Services may take you to other sites or services, and you acknowledge and agree that Dare Australia Pty Ltd has no responsibility for the accuracy or availability of any information provided by third parties services and websites. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of Dare Australia Pty Ltd advertising on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Dare Australia Pty Ltd and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site from any website that you do not own. This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

SECTION 11- PERSONAL INFORMATION 
Your submission of personal information through the website is governed by our Privacy Policy. To view our  Need to link our Privacy Policy.

SECTION 12 – FREE SHIPPING* 
*We may run free shipping promotions from time to time for our standard delivery service, which does not include placement inside the address, assembly, or rubbish removal (“Free Shipping”). Free Shipping can only be applied to Orders for full-priced Products unless otherwise specified by us. We may require you to contribute reasonable Delivery Costs if your location is deemed regional, rural or with limited service from our courier network.

 SECTION 13 – PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

 SECTION 14 – TRADE & SPECIAL DISCOUNT CUSTOMERS
Approved design, trade professionals & special discount customers will benefit from an exclusive pricing discount on Products (“Trade customer & special discount customers”). To register as a Trade or special discount customer, submit an application form available for download on the Site, be approved by us, and register to the Site for a Trade or special discount customer Account.

14.2 By registering as a Trade customer & special discount customer, you agree to be part of our Trade customer & special discount customers database, which includes receiving promotional content from us relating to discounts and trade events hosted by us.

14.3 The Trade customer & special discount customers discount cannot be used on a Clearance Item or in conjunction with any other Discount Code or Spend & Save Discount.

SECTION 15 – SHIPPING AND DELIVERY

Standard Furniture Delivery (Ground floor or Front door only)

When it comes to delivery in a multi-level building or a location with challenging access, our delivery service providers are unable to go beyond the front door/ entrance to the building on the ground floor. Depending on the size of your order, we use different delivery methods. For flat-packed, case, and bulky goods, we rely on selected freight and courier service providers who typically deliver to your doorstep with the assistance of a single serviceman. However, customers may need to assist the delivery driver in carrying heavy or large bulky products to the ground floor and/or front door. If you have specific requirements, please provide clear instructions in the comments section during checkout.

Two Man Delivery Service

Our two-man delivery is for furniture items that are too large and heavy for a one person delivery or for hard or extreme access issues at delivery point.
Delivery includes placement of items inside home, in your room of choice.
Drivers will go up a lift or stairs to deliver as long as it is safe and accessible.
Delivery does not include rubbish removal or assembly of items.

Delivery Terms & Conditions (FAQ)

We reserve the right to decline delivery to locations where we believe there is a Health & Safety risk, including inaccessible locations or locations where the product may be lost or damaged. If you choose to use your own couriers, you will be responsible for all insurance for loss or damage caused during delivery.

Please be aware that all deliveries are subject to stock availability, and estimated lead times may vary depending on the type of product ordered and the delivery address. Some exclusions apply, and for more information, please email us at hello@loungely.com.au.

Our delivery locations cover metropolitan areas in Victoria, New South Wales, Queensland, Western Australia, Tasmania, and South Australia. However, delivery to regional areas within these states is limited, and some products cannot be delivered.

If there are any changes to your delivery details prior to the scheduled delivery, please inform us promptly. It is essential that we have accurate and updated delivery information, including your email address and business hours contact.

Our delivery staff will always take utmost care and provide professional assistance when placing your furniture in the required position. However, the driver may decide not to proceed with the delivery if any danger is posed to your furniture, property, the vehicle or staff. In such cases, Loungely will not be held liable for any damage caused during the delivery process.

If you have ordered multiple products with different expected dispatch dates, the order will not be delivered until the final product becomes available for delivery. Extra delivery costs will be incurred by you if you request multiple deliveries in this case.

We reserve the right to charge extra delivery costs for customers who require a two-person delivery, assembly, or rubbish removal etc.

From time to time, Products are supplied by different warehouses and so may be delivered separately at different times.

Balance Payments

In order to receive your furniture delivery, the balance payment for our tailor made furniture must be paid 2 weeks prior to the delivery date.

Property Damage

While we take all possible care during delivery, Loungely cannot be held liable for any damage incurred during delivery. Any damage to your property must be reported directly to the sub-contract delivery driver/team and recorded at the time of delivery. Additionally, We request that customers inform us of any potential access and delivery path challenges, such as narrow stairs, steep driveways, elevators, or partly built homes. You must also safeguard your floors and remove any objects that may obstruct the delivery team and pose a potential risk.

If a specialized service is necessary to uplift any product/s through unconventional means, such as a height greater than 175cms, requiring a hoist service over a balcony or balustrade through a window, the cost will be the responsibility and expense of the purchaser, NOT Loungely. Additionally, if a re-delivery is required due to any of the reasons stated above, you will be charged a minimum re-delivery fee according to the Loungely Delivery Guide, with additional charges applicable for multiple items.

In situations where furniture needs to be disassembled and reassembled, a minimum cost of $200.00 plus additional re-delivery fees will apply. If lounges require disassembly and reassembly, a minimum cost of $200.00 plus additional re-delivery fees will apply. In most cases, an independent qualified technician will be required to perform the disassembly and reassembly service.

DELIVERY AND ESTIMATED LEAD TIMES
We will use reasonable endeavours to ensure that all Products or Services are delivered promptly and timely. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone because of any such delays.

For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third-party couriers or suppliers. This includes any delays caused by the COVID-19 pandemic. Specifically, any made to order Sofa may occur additional lead times due to local manufacturing and delays with materials. We will update our clients on these delays on a weekly basis. Custom sofa orders cannot be cancelled.

You will receive a dispatch confirmation email with your tracking details (if available). Where the scheduled dispatch of a Product is delayed we will notify you by email, phone call, or SMS Notification. We will not deliver Products to PO Box addresses. We will not deliver Products to addresses outside of Australia.

 

OWNERSHIP OF THE PRODUCT

Orders must be paid in full before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an order. We are not responsible for any misplaced products or for delivery of any order to an unintended recipient because of incorrect details.

You must ensure that any person who collects or takes delivery of the products on your behalf is authorised by you to do so. Title and risk in the products pass to the customer on signing for delivery of the products.

The delivery date and time will vary in accordance with the nominated courier. We are not responsible for the delivery times of products. Once products have been dispatched, it is the customer’s responsibility to liaise with our nominated courier company in relation to the date of delivery and to make themselves available to take delivery at the nominated date for delivery.

Any information provided by us to a customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.

EXPECTATIONS AND DELIVERY CHECKLIST

To ensure a smooth and successful delivery experience, we kindly request that you inform us of any potential challenges associated with your delivery. Furniture items are often large and delicate, so providing us with as much information as possible, including measurements and photos of the delivery path, is essential. This information may include details about staircases, lifts, steep driveways, and narrow hallways/access points.

Our sub-contract delivery teams follow a strict delivery process to ensure a safe and reliable service. As a result, we may require additional time to deliver your goods.

 Thank you for your cooperation in helping us provide an efficient and effective delivery service.

TIPS TO PREPARE FOR YOUR DELIVERY

Here are some useful tips to prepare for your delivery and ensure a smooth and efficient experience:

• Verify that there is clear access to your property for trolley and/or carry-on delivery.
• Check the width of your doorways and walkways to ensure that our products can be brought through.
• Protect and cover your floors, as they may get wet and dirty from trolley wheels and our contractors’ shoes.
• Notify us of any difficult or unusual obstacles at your home, such as a long/steep driveway or steps.
• Ensure that there are no obstructions blocking the access and pathways for delivery, such as parked cars.
• Secure your pets in a safe, enclosed area away from harm while we perform your delivery.

ON THE DAY OF DELIVERY

Prior to the delivery of your order, our drivers will try to contact you. If there are any unexpected delays, the driver will inform you. It is your responsibility to ensure that all items delivered are correct, complete, and undamaged by thoroughly inspecting them upon receipt.

After confirming that your order is in good condition, a person aged 18 or above must sign for it and present a valid ID, such as a driver’s license or the credit card used for payment. If no one is available during the confirmed delivery window, additional charges for redelivery will apply.

You must ensure that any person who collects or takes delivery of the products on your behalf is authorised by you to do so. Title and risk in the products pass to the customer on signing for delivery of the products.

The delivery date and time will vary in accordance with the nominated courier. We are not responsible for the delivery times of products. Once products have been dispatched, it is the customer’s responsibility to liaise with our nominated courier company in relation to the date of delivery and to make themselves available to take delivery at the nominated date for delivery.

Any information provided by us to a customer in relation to the method of delivery and estimated delivery time will be from a third party. As such, we do not guarantee the accuracy or currency of such information.

We reserve the right to charge extra Delivery Costs for Customers who require a two-man delivery, assembly, rubbish removal etc.

From time to time, Products are supplied by different warehouses, and so may be delivered separately at different times.

SECTION 16 – INTELLECTUAL PROPERTY 
You acknowledge that we or our licensors own all Intellectual Property Rights in the Site and in all Material published on the Site. We retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access and use the Site.

You may access and use the Site (including Intellectual Property Rights contained therein). You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.

By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you: (a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and (b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.

We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason, without notice. You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site and will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.

SECTION 17- WARRANTIES 
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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. To view the Loungely Warranty Against Defects and a more detailed description of your rights and remedies under the Australian Consumer Law, see details below; please visit our terms and conditions page. For information about Australian Consumer Law, visit: www.consumerlaw.gov.au

The Warranty does not cover products used for commercial purposes

EXCLUSIONS:

Subject to Australian Consumer Law, this warranty does not apply to any products sold as clearance, seconds, display pieces, repaired products, or products that have a defect. In addition, Loungely’s product warranty does not cover certain situations, including but not limited to

(a) Repairs to a product are made or attempted by a service provider other than one approved by Loungely.

(b) failure to use or maintain the product according to the manufacturer’s instructions.

(c) abnormal use or abuse of the product, such as misuse, dropping, crushing, exposure to extreme temperatures, improper maintenance, or use after partial failure.

(d) modification, incorrect adjustment or operation, use of incorrect or inconsistent electrical supply, or use of inappropriate accessories

(e) tampering with the product,

 (f) outdoor use of the product, and

(g) purchase of the product from a source other than Loungely

We provide the following limited warranties subject to the following terms and conditions:

1. Under the Law, if the Product you receive has a problem that would have prevented you from buying it if you had known about it, is unsafe, is significantly different from the sample or description or does not perform as we promised or as you requested and cannot be easily fixed, we will offer you a refund, store credit, or replacement, as appropriate. Alternatively, you may choose to keep the item and receive compensation for any reduction in value.
2. If we are required to provide a refund, store credit, or replacement under the terms of this warranty, we may ask you to return the Product to us before we issue a refund or replacement, to the extent permitted by the Law.
3. Any replacement products provided under this warranty are subject to the same terms and conditions as the original product.
4. It is important to keep your proof of purchase in case you need to make a warranty claim with the manufacturer.
5. If the problem with the item is not considered major, we will repair it within a reasonable period of time.

WARRANTY PERIODS

At Loungely, we place a great emphasis on safety and quality for all our products. To ensure that our products meet the highest standards, we implement rigorous in-house quality control processes. This is why we are proud to offer you:

TYPE	WARRANTY COVERAGE
Sofas, Sofas with moveable headrest, Armchairs, Beds, Storage Beds, Sofa Beds, Ottomans	Frame Structure: 10 Year Limited Warranty
	Soft furnishings: Foam, fibre fillings, feathers, fabric covers, seat/back suspension, stitching:5 Year Limited Warranty
	Soft furnishings: Leather and Fabric: 2 Year Limited Warranty
	Other components such as: zips, fasteners, springs, suspension, legs, and movable mechanisms: 2 Year Limited Warranty
	Electral and Electronic parts: 2 Year Limited Warranty
Entertainment Unit, Sideboards/Buffets, Dining Tables, Coffee Tables, Console Tables, Dinning Chairs	up to 2 Year Limited Warranty
Mattress	10 Year Limited Warranty with exclusions:
	Mattress fabric (including stains, burns, pilling, or loose covers)
	Problems related to personal comfort preferences, such as a mattress that feels too firm or too soft, are not regarded as manufacturing defects. As comfort is a matter of personal preference, it is subjective to each individual.
	New bed smell/odour
Rugs	1 Year Limited Warranty

 

To claim under this Warranty or a consumer guarantee, you must notify us within a reasonable time, generally within 7 days of the defect occurring. You must notify Loungely Customer Service via contact us and provide your name, delivery address, phone number, product details and description of the claimed defect.

If you wish to make a claim for a defect covered by the Loungely Warranty, there are certain steps you must follow.

1. You should immediately cease using the product as soon as the defect becomes apparent and inform Loungely of the issue within 7 days.
2. You will also need to describe the issue, relevant photographs, and a copy of the original tax invoice. To initiate a claim, you can submit a service claim by calling the service department or sending an email to contact hello@loungely.com.au
3. Once a claim has been lodged, the service department will review and respond to your claim within 5-7 business days.

Unless it is deemed as a manufacturing warranty claim issue, It’s important to note that any associated costs, including freight, house calls, labour, and other expenses, will be the purchaser’s responsibility and will be charged at standard Loungely rates.

 

We could use something like this once we get started. https://woocommerce.com/products/warranty-requests/

 

Agree with this idea

REMEDIES FOR WARRANTY AGAINST DEFECTS

Loungely provides remedies for defects covered under warranty. If there is a manufacturing defect, Loungely will decide whether to repair or replace the defective part or product. However, Loungely is not liable for any loss or damage arising from the goods, except as specified in the warranty against defects and to the extent permitted by law.

VARIATIONS

Variations in furniture are possible due to the nature of the materials used. The purchaser must accept the description of the furniture as detailed in the Sales Order. Colour swatches and samples are approximate guides only, as leather, fabric, timbers, and stone products may vary in texture, colour, and finish. Depending on the selected covering and finish, the furniture may differ in character and feel compared to the swatches. Softness and creasing of furniture may also differ as well. Direct sunlight exposure may cause fading, drying, and splitting of leather, fabric, timber, and some stone products. In the imaging, we may use the rendering for some products.

SPECIFICATIONS

Loungely reserves the right to change the design, price, construction, and dimensions of its products without prior notice. While sales staff can provide assistance with product queries, the final decision on purchasing any product, including suitability for a particular model, colour, finish, or covering, is entirely the purchaser’s responsibility. The purchaser must choose carefully as Loungely does not offer refunds or exchanges for a change of mind.

STORAGE

If the purchaser fails to collect or have the goods delivered within 21 days of receiving notice of availability, a storage fee may apply.

RETURN OF GOODS

If the purchaser needs to return the goods, they must arrange to do so at their own expense. The goods should be returned with all packaging in their original condition, securely wrapped, including the delivery slip, and at the purchaser’s risk and cost. The purchaser should make arrangements with Loungely to receive the goods before returning them. For more detail, please review our Returns and Refund Policy. 

If you have any questions about our Product Warranty, please contact us via email at hello@loungely.com.au. We are always happy to help.

 SECTION 18 – CUSTOMER GUARANTEES 
Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to resupplying the Products or Services or payment of the cost of having the Products or Services resupplied.

To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services Ordered by you on, or via, the Site where:

(a) the Products are damaged through misuse, accident or abnormal use; or

(b) the Australian Consumer Law or any manufacturer’s warranty does not apply.

Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.

SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Loungely, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 20 – RETURNS AND REFUNDS
Refunds and replacements for Products may only be received in accordance with this section 20.

General Returns

We accept returns of unused and undamaged items within 48 hours of purchase. All returns must be accompanied by the original receipt and be in their original packaging.

You are only entitled to a refund if:

(a) the problem with the Product is major and in breach of a Consumer Guarantee; or

(a) a return is requested in writing within 48 hours of receipt of delivery (if there is no receipt of delivery, the delivery date will be deemed to be three Business Days after the date that the Product was dispatched);

(b) the Product is not a Custom made Order or a Clearance Item;

(c) the Product is not returned because of any fault or damage or due to your failure to properly measure items before purchasing the Product; and

(d) the Product is returned in accordance with this clause, including the conditions in the clauses

You are liable for the Delivery Costs of both delivery and retrieval of any returned Product, including for a Product purchased with Free Shipping. Where you are returning Products to us because of our failure to comply with a Consumer  Warranty, we will cover the Delivery Costs of retrieving the returned Products.

Customers permitted to receive a refund will have the refund processed using the same Payment Processing and to the same bank card used in making the Order.

Returns & Credits (Rugs)

Goods purchased may not be returned or exchanged unless found to be defective. A written notification of the proposed return of the defective goods must be received by Loungely within seven (7) days of the date of delivery of the goods, and Loungely has agreed in writing to accept the return of the goods. Goods returned will not be accepted for return unless a written request for credit accompanies the goods upon return or prior written arrangements have been made with Loungely. No claims for loss or damage in transit or for shortage in quantity will be entertained unless notice is given in writing within seven (7) days from the delivery date. Goods returned and accepted as defective will be credited at invoiced value or replaced. Loungely will not accept liability for any loss or damage to property of any nature in respect of any failure to deliver, or delay in delivery due to any cause of whatever nature not within the control of Loungely.

Refunds

Our goods come with warranties that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.
Please choose carefully however as we do not refund simply for change of mind or circumstances.

Items, orders, and products that have been ‘made to order’ specific to your requirement are non-refundable and cannot be cancelled due to delays or other circumstances. If your order has been delayed, orders cancellations and refunds are not available for customised items that are handmade.

We will issue a refund to the original form of payment for returns made within 7 days of purchase. Refunds will be issued within 5-7 business days of receiving the return.

Damaged Items

If an item arrives damaged, please contact us immediately. We will work with you to resolve the issue quickly and efficiently.

Cancellations

We will accept cancellations of orders prior to shipment (excluding custom orders). Please contact us as soon as possible if you need to cancel an order. (Your order can not be cancelled once your order is shipped) If you wish to cancel your order, before you have received it due to a change of mind – and the item has not been dispatched, the refund will be processed. All cancellations are subject to a restocking/cancellation fee – equal to 30% of the invoice total, which will be reduced from your refund total.

If for any reason, we cannot supply the goods any monies paid will be refunded to you. Please note that due to health regulations, all soft furnishing items, and mattress toppers are non-refundable unless faulty. We encourage you to make your selection carefully prior to your purchase.

If an order has been fulfilled, customers are required to cover the shipping costs that are raised. Furthermore, an 30% restocking fee is also required (against the total cost of the unit sold including taxes) Shipping promotions, or free shipping, that was used in the original order, is not applicable once a return is activated, and the full cost of shipping and handling will be payable by the customer for the return to proceed. This includes the cost to ship the item to you in the first place and the cost of shipping back to us.

Items returned must be in ‘new’ condition only, have not been assembled. This represents that the product has not been used in any way and is in ‘new’ condition. Items must be returned securely in their original packaging.

Non-returnable items excluded from all change of mind returns include:

Customised Products ‘made to order’
Mattresses, pillows
Clearance Goods
Personalised items

We will attend to your return enquiry within 5-7 business days of receiving it, and subject to confirming it is in ‘as-new’ condition, we will issue you with a refund via email in an amount equal to the price you paid for the product, less the cost to ship the product to you and the return shipping back to the warehouse including the restocking fee as well.

Cooling off period

For custom-made orders, a cooling-off period applies and once the cooling-off period of 48 hours is completed the order cancellation fee of 35% of the total value applies.

Deposits

Unless we otherwise stipulate all:
a. online transactions (“standard transactions”) require 100% payment.
b. orders on finance, are paid in conditions with the finance provider; and
c. online transactions including related delivery and additional charges (if any) require payment in full at time of purchase.

d. custom sofa orders need a minimum 35% deposit, and the rest is payable 2 weeks before delivery.
If you have any questions about our Refunds & Returns policy, please contact us via email at hello@loungely.com.au  We are always happy to help.

SECTION 21 – INDEMNIFICATION 
You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services. You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.

SECTION 22- SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 – WAIVER 
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy

SECTION 24- TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. 
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 25- ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party. 

SECTION 26- GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

SECTION 27- PRIVACY 
We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to collecting, using, disclosing and storing your personal information. You consent to us contacting you via SMS to communicate updates, changes or notifications related to your Order and marketing purposes (“SMS Notifications”).

SECTION 28- CHANGES TO TERMS OF SERVICE 
The Services we provide are always evolving, and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.

SECTION 29 – GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to change this Agreement without notice to you. Any amendments to this Agreement will immediately affectwhen published on the Site. Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right. The exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right. This Agreement is governed by and must be construed according to the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

SECTION 30- CONTACT INFORMATION 
Questions about the Terms and Conditions should be sent to us at hello@loungely.com.au