1. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the Ailiving.com.au, you must provide your correct name and address, phone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you.
(3) We only permit one registration per email address.
(4) You must not use another members’ account without permission.
(5) You will receive an email from us as soon as practicable after you create your membership account. Also you will receive delivery and sale promotion email if you agree with subscribe our newsletter.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us by firstname.lastname@example.org.
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service Team.
2. Legal Capacity
Any order and/or purchase made by you using this website is an acknowledgement by you that you:
- accept these terms;
ii. agree that you have entered into a legal contract with Ailiving.com.au in relation to these terms; and
iii. these terms, together with your order, constitute the entire agreement between you and Ailiving.com.au for the supply of products.
Ailiving.com.au reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Ailiving.com.au may suffer as a result of a transaction entered into by a minor.
By placing order for goods through our online shopping, the Customer is deemed to accept the terms and conditions of sale.
On purchase of any goods from ailiving.com.au a tax invoice is issued which details the order as we have received it. In case the Customer find any discrepancies please notify us in writing within seven days. An order is accepted subject to the prices in effect at the time of shipment and to the conditions thereof.
Picture and description is for illustrative purposes only. Actual product may differ from that pictured.
(1) We recommend you carefully preview any proposed purchase before adding them to your shopping cart and proceeding with your order.
(2) Representations of products for sale made by Ailiving.com.au via the website do not constitute an offer to sell but an invitation to treat.
(3) You and Ailiving.com.au may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
- placing an electronic order for the products using the website;
- you confirming the order details in accordance with the procedure on the website;
- you making payment in full (plus any applicable delivery and assemble charges) on the website; and
- the acceptance of that offer by Ailiving.com.au.
(4) Once you have placed your order, you cannot cancel your order, unless expressly provided for in these Terms.
(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
- any requirements set out in these terms have been met;
- the electronic instruction containing the offer from you enters and is recorded in our database;
- a record is created and stored in our database; and
- Ailiving.com.au receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
- the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Ailiving.com.au for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
- to the extent permitted by law, Ailiving.com.au is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- Ailiving.com.au may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Ailiving.com.au may treat an electronic instruction as authentic and is under no obligation 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.
(7) You will receive an email from Ailiving.com.au as soon as practicable after you have confirmed your purchase and made payment. If you have any questions regarding your order you may contact the Customer Service Team.
(8) If your order is not accepted by Ailiving.com.au, Ailiving.com.au will notify you by telephone or email in 3-5 working days.
(9) Ailiving.com.au may accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your order in its sole and absolute discretion.
(10) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Ailiving.com.au cannot supply a particular product, Ailiving.com.au will notify you by telephone or email as soon as possible.
(11) Ailiving.com.au will be deemed to have accepted your order when your order is delivered to your specified delivery address or on collection of your order from a showroom.
Unless otherwise stated, all prices include GST, not including freight and insurance charges. These charges will be added onto the quoted prices.
We reserves the right to revise prices at any time prior to accepting an order. Receipt of an order by us from the Customer does not constitute acceptance by us.
Prices are subject to change without prior notice.
The prices quoted may be revised by us subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, and any other matter beyond our control. In that event the Customer shall have the right to withdraw the order.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Ailiving.com.au.
(3) Images of products shown without any advertised price beside that image are not offered for sale.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the website.
All payments must be transferred into our bank account prior to the release of any products. The payment forms that are currently accepted include Direct deposit and Credit card.
The Customer will upon demand pay to us all money (including but not limited to solicitors costs, Court costs and disbursements) incurred or expended by us in recovering payment of any overdue account.
Receipt of cheque, bill of exchange, or other negotiable instrument by us shall not constitute payment and the Customer shall remain liable for the full invoice price until such cheque, bill of exchange, or negotiable instrument is paid in full. Until such indebtedness has been discharged the Customer shall store the goods in such a way that they can readily be identified as the property of Ailiving.com.au.
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the EWAY or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
6. Supply and Delivery
Once the payment is received, we will take all reasonable steps to ensure the delivery of goods or performance of services is prompt, but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
Delivery will be arranged through courier or removals company. Please note that we has no control over the courier companies delivery time. And no claim shall be made on account of late shipment or delivery how ever it is caused.
Goods will be sent to the address that provided by the Customer at the time of placing the order. If wrong address or insufficient address is submitted, or a change of address is requested after the products are released, then it is the Customer's responsibility to get the product from the address firstly provided. We will try to alert and request the courier company to redirect it to the new address and if they are unable to do it, then the Customer is liable for the loss of the package.
We will not cover any costs of your order, if you did not choice shipping insurance that will cover loss and damage during shipping.
We reserves the right to deliver the goods by installments and each installment shall be deemed to be a separate contract under the same provisions as the main contract. Should we fail to deliver or make effective delivery of one or more installments this shall not entitle the Customer to repudiate the main contract.
(1) Subject to you complying with these Terms and acceptance of your order by Ailiving.com.au, Ailiving.com.au will sell and supply the products to you as shown on your order confirmation.
(2) Products may not be available for immediate delivery. Ailiving.com.au will endeavour to deliver your order to you within ten (10) working days of the date you placed your order, except if the order is for an item of furniture.
(3) If your items of furniture are generally not held in stock and will be required to be ordered, You agree that your order for any item of furniture may take up to ten (10) weeks to be delivered to you from the date you placed your order. This timeframe is the average manufacturing lead time required by suppliers. Ailiving.com.au will contact you on receipt of your order to notify you of the indicative delivery date.
(4) When you complete your order you will be prompted to select whether you wish to collect your order from a showroom or to have the order delivered to an address specified by you.
(5) Other than in respect of orders for furniture, regional or remote areas, if Ailiving.com.au gives you notice that it will be unable to deliver your order within 10 working days of receipt of your order, due to lack of stock, you may cancel your order, and Ailiving.com.au will arrange for shop credit.
(6) Delivery times may be greater than 10 working days for regional or remote areas.
7. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On receipt of your order by Ailiving.com.au, your Order will be dispatched to your specified delivery address generally within 10 working days of the date you placed your order.
(4) If you order large or bulky items, Ailiving.com.au will contact you by telephone or email to arrange with you a suitable time for delivery.
(5) You will be required to be available in person to accept delivery of your order.
(6) If you wish to change the delivery date or delivery address you must the Customer Service Team know at least 48 hours prior to the dispatch of your order.
(7) Ailiving.com.au will use its best endeavours to deliver your order within any stated timeframes for dispatch, however Ailiving.com.au does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(8) Ailiving.com.au determines it is unable to deliver your Order at the scheduled time (for whatever reason), Ailiving.com.au will contact you by phone or email to arrange an alternate time for delivery.
(9) You must advise at the time you place your order via the website or later when you discuss delivery with Ailiving.com.au, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(10) Ailiving.com.au cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
8. Orders for Collection at a Showroom
(1) The terms of this clause apply where you select to collect your order from a showroom.
(2) If you select to collect your goods from a showroom, a representative of the relevant showroom will contact you by telephone or email to notify you when the order is available for collection.
(3) Orders for collection at a showroom must be collected within 15 days of the relevant showroom giving you notice by telephone or by email that your order is available for collection. If your order is not collected within this time, the relevant showroom has the right to allocate those goods to another customer and reorder the goods for you.
9. PayPal and Credit Card fraud
Please note: Due to the rise of credit card fraud and for your security all credit card orders will be subject to advanced security checks. If your order does not meet our security check requirements, you will be contacted and the below credit card security procedures will be implemented.
AILiving will charge your credit card a random amount under $2.00 (which will be refunded on the same day). You then need to look up the amount by checking your online banking or by contacting your bank. Once you have the amount you can simply call us on 02 9627 6818 or email email@example.com with the confirmed amount.
Please understand this will protect you from Fraudulent Orders, for example if your credit card was stolen and used on our website the person using your credit will not receive any of the products since they cannot confirm the random amount charged on your credit card. If you are the owner of the credit card being used only you will have access to your bank to find out the amount.
We only accept the Credit Card from Australian Bank.
(1) The website employs the latest in EWAY and PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of Ailiving.com.au and the showroom will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
10. Disclaimer and Indemnity
(1) To the extent permitted by law, each of Ailiving.com.au and the showroom exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any kind resulting from your access or use of the website;
- any unauthorised access to or use of the websites secure servers;
- any interruption or cessation of transmission to or from the website;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
- the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Ailiving.com.au and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Ailiving.com.au, the showroom including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
11. Force Majeure
Ailiving.com.au will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
12. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Ailiving.com.au makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Ailiving.com.au.
14. Transfer and Assignment
If Ailiving.com.au merges, sells or otherwise change control of its business or this website to a third-party, Ailiving.com.au reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Ailiving.com.au has collected from you and any agreements it has made with you
The failure by Ailiving.com.au to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Ailiving.com.au.