All contracts and dealings between Plexus Management Services Pty. Ltd trading as RugSpot (ACN 007 450 848) RugSpot and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns and any person (‘Customer’) relating to any products and services (‘Products’) provided and supplied by RugSpot to the Customer are subject to the terms and conditions of trade set out below (‘these Terms’).
These Terms shall be deemed to be incorporated into all contracts for the supply of Products by RugSpot to the Customer. These Terms are effective as at 1 May 2013 and supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from RugSpot, these Terms shall prevail unless specified otherwise in writing by RugSpot.
In these Terms:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
“Delivery” or “delivered” means the time when the Products are transported from the premises of RugSpot and delivered to the Customer by whatever means or when RugSpot advises the Customer the Product is available for collection and the Products are collected by the Customer.
“Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;
“Licence” means the personal non-exclusive licence granted by RugSpot to the Customer to use the Intellectual Property Rights for their personal use, and includes the rights specified under clause 7;
“Product(s)” includes but is not limited to rugs, mats, and floor covering of all type, runners hand-made or machine made, underlay and accessories provided by Rugspot.
2.1 Prices may be subject to change without notice.
2.2 Official quotations provided to the Customer by RugSpot are valid for a period of thirty (30) days from the quotation date, after which time such prices may be subject to change without notice.
3. Payment Terms
The Customer agrees that:
(i) All payments for Products must be made to RugSpot in accordance with the method of payment outlined on RugSpot’s website at the time of purchase.
(ii) Any dispute regarding payment must be advised to RugSpot within seven (7) days of purchase.
Consumer Notice: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
4.1 RugSpot will thoroughly inspect all Products to ensure they are in the best condition prior to delivery, however, all RugSpot Products come with guarantees that comply with the Australian Consumer Law. RugSpot provides this warranty set out in this clause 4 (“Warranty”) for its Products that have been purchased in Australia. This Warranty is subject to the Australian Consumer Law. The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates.
4.2 The Warranty is applicable to all RugSpot Products.
4.3 Customers should read the user guide carefully before assembling and using any of RugSpot’s Products.
4.4 The Products are covered against faults in material and workmanship when used under normal conditions for a period of 12 months from the original date of purchase of the Product. Subject to clause 4.5 and 4.6, if a Customer discovers a fault in a Product’s material or workmanship, and RugSpot inspect the Product and confirms that it is a fault, then RugSpot will replace the Product or faulty part of the Product, or repair the fault if notified within the 12 month warranty period.
4.5 If there is a major failure with a Product, the Customer is entitled to:
(a) reject the Product and get a refund;
(b) reject the Product and get an identical replacement or one similar in value if reasonably available, or
(c) keep the Product and obtain compensation from RugSpot for the drop in value of the Product caused by the major failure.
If there is a minor failure with the product, the Customer is entitled, at the election of RugSpot, to:
(a) a refund of the cost of the Product;
(b) replacement of the Product; or
(c) have the Product repaired within a reasonable time.
4.6 To issue a Warranty claim, the Customer will be required to:
(i) return the Product to RugSpot’s premises or location nominated by RugSpot;
(ii) present their receipt as proof of purchase;
(iii) identify the defect in the Product; and
(iv) present Product for inspection on request.
4.7 RugSpot’s contact details for making a Warranty claim are as follows:
154 Cochranes Road, Moorabbin VIC 3189 Australia
Phone: 1800 RUGSPOT (1800 784 776)
Fax: +61 (0)3 9553 4588
4.8 RugSpot will try and meet the reasonable expenses incurred by the Customer in making a Warranty claim.
4.9 To the extent permitted by law, RugSpot shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, howsoever caused.
4.10 Customers are liable for any transportation costs if the Product is not found to be faulty.
5. Refund Policy
5.1 Refund: 30 day money back guarantee
A Customer who purchases a complete Product via phone order or the online on the RugSpot website http://rugspot.com.au/testsite and is dissatisfied with the Product can request a full refund of the purchase price provided that they notify RugSpot of their intention to return the Product and seek a refund within 14 days from the date of delivery of the Product to the Customer. Refund notifications in accordance with this clause 5.1 must be made in writing to RugSpot by email to firstname.lastname@example.org/testsite. The following additional conditions apply to returns of Products made by a Customer in accordance with this clause 5.1:
(i) This return and refund offer is limited to one (1) purchase per Customer (including their spouses, partners and direct family relatives);
(ii) This return and refund offer only applies to purchases made online via phone order or the online on the RugSpot website http://rugspot.com.au/testsite, and does not apply to purchases of RugSpot Products from other third parties, such as other online sites, retailers, distributors or on–sellers.
(iii) Where, upon examination and testing of the returned Product by RugSpot, it is found that the product has been damaged, marked, scratched, misused, or is not in an ‘as new’ condition then, unless such condition or state of the Product was caused by RugSpot or its courier or delivery agent, RugSpot shall be under no obligation to provide a refund to the Customer. A refund to the Customer on return of a Product in such circumstances will be at the sole and unfettered discretion of RugSpot.
(iv) For the purposes of determining the 30 day period for the return of a RugSpot Product, the date of delivery shall be taken to be the date that the courier or delivery agent engaged by RugSpot delivers the Product to the shipping / delivery address requested by the Customer.
(v) The Customer must be available to return the RugSpot Product to RugSpot, or RugSpot’s courier or delivery agent, on a business day (ie. not public holiday) that they nominate (between the hours of 8am to 5.30pm) and within 5 business days after they have notified RugSpot in writing of their intention to return the Product.
(vi) RugSpot reserves the right to revoke this return and refund offer at any time. In the event that RugSpot does revoke this offer, then this offer will only be available to Customers who have purchased a RugSpot Product prior to the date of the offer being revoked and who have satisfied all other conditions necessary to be entitled to rely on the offer, as are set out in this clause 5.1. A Customer who purchases a RugSpot Product after this offer has been revoked and notified on the RugSpot website by an amendment of these Terms and Conditions or otherwise, shall not be entitled to rely on the offer made by any previous and superseded Terms and Conditions which may have contained this offer.
(vii) The policy applies only to customers in Australia.
(viii) RugSpot will not refund the cost of freight to the customer or to RugSpot.
5.2 Refunds and exchange policy
For Product returns to which clause 5.1 does not apply, the Customer agrees and acknowledges that:
(i) RugSpot at its discretion may accept returns within ten (10) days of dispatch of a Product if the Product is in its original purchase condition.
(ii) Any Product which RugSpot has elected to accept to be returned of shall be returned at the Customer’s cost.
(iii) Sale items are non-refundable.
(iv) Any custom made including runners to size, custom processed or custom acquired Products will not be returnable at all.
5.3 Damaged or faulty goods
The Customer agrees and acknowledges that:
(i) If the Product has been damaged during transportation for the purposes of Delivery* to the Customer, RugSpot will gladly replace the Product if the Customer contacts RugSpot within two (2) days of receiving the Product.
*To receive a replacement Product, the Product must be sent to RugSpot for their team to assess the damage. If the damage is deemed to have occurred in the Delivery and handling process, the item will be replaced free of charge.
(ii) Delivery costs to return the Product to RugSpot are the responsibility of the Customer.
5.4 RugSpot’s Refund Policy shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon RugSpot and the Customer where necessary to comply with the Australian Consumer Law.
6. Delivery of Products
6.1 If Products are to be delivered to a Customer, any period or date for Delivery stated by RugSpot is intended as an estimate only and is not a contractual commitment. RugSpot will use its best endeavours to meet any estimated Delivery dates but RugSpot will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date.
6.2 RugSpot will endeavour to send all Products the next business day following purchase and respect of payment and the Product will generally arrive within 2-8 business days to metropolitan regions depending on Product availability.
6.3 RugSpot delivers Australia-wide and the delivery prices RugSpot provide are indicative only.
6.4 Postage to remote areas may require additional fees and RugSpot will quote these prior to dispatch of Products.
6.5 RugSpot posts through couriers and Australia Post, and all packages have tracking to ensure Products do not get misplaced in the mail. RugSpot suggests Customer’s request delivery to an address where you can sign for the Product during business hours.
6.6 RugSpot does not deliver to Post Office boxes.
6.7 RugSpot will not be liable for any delay in Delivery of the Products, or any failure or inability to Deliver the Products within a particular time frame.
6.8 The Customer acknowledges that there are restrictions on some Products, and some Products cannot be shipped to international destinations.
6.9 RugSpot reserves the right to amend delivery methods without notice.
7. Intellectual Property Rights
7.1 The Customer’s purchase of a Product does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in any of the Products or any other materials supplied by RugSpot (including user guides, instruction manuals and other documents), and the Customer agrees that it will not assert any rights in, or challenge RugSpot’s title to, those Intellectual Property Rights.
7.2 RugSpot makes no representation or warranty to the Customer of any kind, express or implied that the Products will not infringe any intellectual property rights of a third party.
7.3 The Customer acknowledges that RugSpot retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights that subsists in any of the Products or any other materials supplied by RugSpot (including user guides, instruction manuals, and other documents).
7.4 RugSpot grants to the Customer and the Customer accepts, a personal non-exclusive licence to use the Intellectual Property Rights that subsists in any of the Products or any other materials supplied by RugSpot (including user guides, instruction manuals, and other documents) for the purposes of these Terms.
7.5 The Customer shall not be permitted to assign, transfer or sub-licence any of the rights granted to it by RugSpot to any related party or any unrelated third party without the express consent in writing of RugSpot. RugSpot may withhold such consent in its absolute discretion or may grant consent on such terms as it considers fit.
7.6 The Customer shall not republish, transfer, copy, reproduce or post on the internet any of RugSpot’s materials without RugSpot’s prior written consent.
7.7 In addition to any other remedies available to RugSpot under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle Rugspot to any available statutory or equitable remedy against the Customer.
8.1 RugSpot will not sell the Customer’s personal information to any third party.
8.2 RugSpot does not disclose the Customer’s details to any third parties without the Customer’s consent except in the following circumstances:
(i) Delivery purposes; or
(ii) If necessary to comply with applicable laws, investigations, or legal proceedings where Rugspot’s obliged to disclose the Customer’s information.
8.3 The Customer may join or leave RugSpot’s email newsletter mailing list at any time via the Customer’s RugSpot ‘My Account’.
8.4 RugSpot uses browser cookies to recognize the Customer on their return visits and to measure website traffic. The Customer can disable this feature on their browser. The Customer should refer to their browser settings and instructions for further details how to do this.
8.5 For transaction security for credit card payments, Rugspot uses GeoTrust 256-bit SSL encryption with True Business EV security.
8.6 Credit card details are discarded once processed at the Point of purchase.
9. Risk in the Products
9.1 RugSpot does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
9.2 Further to clause 9.1, the Customer accepts upon Delivery all risk for loss or damage to the Products whether caused by the Customer or not, and the Customer indemnifies RugSpot against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Products after the Customer has taken possession of the Products. Risk in the Products will remain with the Customer at all times unless RugSpot retakes possession of the Products in accordance with clause 5.
10. Limitation of Liability
10.1 The Australian Consumer Law guarantees certain conditions, warranties, and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, RugSpot makes no warranties or other representations in relation to the supply of Products to the Customer. The RugSpot’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
10.2 The Customer acknowledges and agrees that:
(i) to the maximum extent permitted by law, RugSpot will not be liable to the Customer or any other person under any circumstances for any loss or damage suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
(a) any negligent act or omission or wilful misconduct of RugSpot or its employees or agents;
(b) the supply, performance or use of any Products; or
(c) any breach by RugSpot of its obligations under these Terms.
(ii) no other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon RugSpot, other than these Terms, is made or given by or on behalf of RugSpot.
(iii) the Customer is solely responsible for making an assessment that any Product is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
11. Cancellation by Customer
11.1 Unless otherwise agreed in writing, the Customer may not cancel an order which has been accepted by RugSpot.
11.2 Unless otherwise agreed between the Customer and RugSpot, upon cancellation any deposit paid by the Customer will be forfeited to RugSpot.
In the interest of continued improvement, RugSpot reserves the right at any time to alter the specification in respect of the Products without giving notice to the Customer. An alteration does not entitle the Customer to return Products, cancel an order or otherwise avoid its obligations and liabilities pursuant to these Terms.
13. Force Majeure
If the performance of RugSpot’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of RugSpot, RugSpot will not be liable for any loss or damage suffered by the Customer or any other person and RugSpot will give the Customer written notice if the force majeure event has continued unabated for thirty (30) days.
The Customer agrees that all contracts made with RugSpot shall be deemed to be made in the State of Victoria, Australia and these Terms are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.
RugSpot may amend these Terms at any time, by posting a notice on RugSpot’s website. By continuing to place an order for Products, the Customer will be deemed to have accepted the revised terms.
Head Office: 154 Cochranes Road, Moorabbin VIC 3189 Australia
Phone: 1800 RUGSPOT (1800 784 776)