Terms and Conditions of Trading of Lounge Lover Pty Limited

1. Terms of sale

1. 1. 1. All Goods that we sell, whether online or in our stores, are sold on these Terms & Conditions.
      2. We may update or modify these Terms & Conditions at any time, without prior notice, by posting the updated or modified version of these Terms & Conditions on our Website.
      3. The version of these Terms & Conditions that will apply to your order is the version which is available on our Website at the time we accept your order.
      4. We encourage you to review these Terms & Conditions each time you purchase Goods from us or visit our Website.

2. Online orders

1. 1. 1. This clause 2 only applies when you order Goods on our Website.
      2. You must be at least 18 years of age to order and purchase Goods from our Website.
      3. Representations made by us via our Website do not constitute an offer to sell but an invitation to treat.
      4. The reproduction of colours on our Website is as accurate as possible. However, you acknowledge and accept that the actual colour of a Good may vary from what is displayed on your monitor.
      5. When you place an order, we will send you a confirmation email with the details of your order. That email is not an acceptance of your order. Orders are only accepted when we expressly notify you of our acceptance.
      6. We reserve the right to accept or decline, in whole or in part, any order placed by you.
      7. We will notify you as soon as possible about the availability of the Goods you have ordered. If we advise you that the Goods you have ordered are no longer available, your order may be declined.
      8. If some or all of the Goods you have ordered are temporarily out of stock, we will place those Goods on back order and supply them when stock becomes available; unless you notify us that you wish to cancel the order (which you may do any time before the Goods are shipped).
      9. Not withstanding any other clause in these Terms & Conditions, for Goods you order on our Website, you must enter your payment details at the time you place your order.

3. Shortage

1. 1. 1. Subject to clause 6 below, you irrevocably waive any claim against us in respect of shortage of any Goods delivered to you, if no claim in respect of short delivery has been lodged with us, in writing, within seven days of the date of receipt of your order.

4. Designs

1. 1. 1. The descriptions, illustrations and performances contained in any of our catalogues, price lists and other advertising material do not form part of:
         1. Any contract of sale of the Goods; or
         2. the description applied to the Goods.
      2. If Designs are supplied by you, you acknowledge and agree that:
         1. You are solely responsible for the accuracy and completeness of the Designs
         2. to the maximum extent permitted by law, we are not responsible for any loss or damage suffered by you in respect of the supply of Goods which are based on your Designs, if such Goods are unsuitable or unusable for any reason
         3. we may refuse any order where, in our opinion, you have failed to provide us sufficient detail in the Designs
         4. our prices are based on the Designs as you initially provide them to us and our prices may increase or decrease if you change the Designs after providing them to us; and
         5. notwithstanding anything else in these Terms & Conditions, we are under no obligation to accept any changes to the Designs once:
         6. we have placed an order for any special materials that may be required to fulfil your order; or
         7. the manufacturing of the Goods according to the original Designs has already commenced.
      3. You warrant that your Designs do not infringe any copyright or other intellectual property rights of any third party.
      4. You indemnify us against any and all costs suffered by us as a result of, or in connection with, our use of the Designs you supply to us.

5. Specifications

1. 1. 1. All specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Goods to meet such specifications, unless otherwise specifically guaranteed by us in writing. You acknowledge and agree that any such guarantees given by us are subject to reasonable tolerances and margins of error.

6. Fabrics

1. 1. 1. Fabric batches may vary in colour and texture.
      2. Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
      3. We cannot accept any responsibility for fading or discolouration, due to exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour.
      4. We cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers that contain certain chemicals that can react with fabric dyes (the cans should warn against spraying close to upholstery without first covering it).
      5. We recommend that you dry clean sofa covers.
      6. We cannot accept any responsibility for mould, mould damage or mildew due to exposure to water, condensation, liquids or a humid environment.

7. Delivery

1. 1. 1. You acknowledge and agree that Goods may not be available for immediate delivery.
      2. Delivery times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery or late installation of the Goods.
      3. When delivering outside the Sydney Metropolitan area Lounge Lovers Pty Ltd will use reasonable endeavours to deliver on the specified delivery date, however this cannot be guaranteed and Lounge Lover Pty Ltd accepts no liability in relation to any damage or loss incurred due to non-delivery.
      4. We will deliver your Goods to your property. On occasion we will be able to deliver into the room of your choice, but we cannot accept any liability for damages within the property.
      5. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, or a representative on your behalf). Liability for the Goods becomes yours when the Dispatch Note is signed either by you or your agent.
      6. If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Goods.
      7. Unless we otherwise agree in writing, we may, at our option, deliver the Goods to you in any number of instalments.
      8. For clarity, if we deliver any of the Goods by instalments and any one of those instalments is defective for any reason:
         1. it is not a repudiation of any contract of sale formed by these Terms & Conditions; and
         2. the defective instalment is a severable breach that gives rise only to a claim for compensation.
      9. You must provide adequate parking and facilities for unloading the Goods at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address. In the event that reasonable access has not been provided additional charges may be payable.
      10. We reserve the right to recover any fair and reasonable costs associated with a failed delivery attempt.
      11. If we are required, or our employees or agents are required, to wait at the delivery point in excess of 15 minutes, we may require you to pay us a stand-by fee as per our then applicable stand-by rates.
      12. Delivery is deemed to have commenced once the Goods have either left our warehouse or a booking has been confirmed with a 3rd party transport provider.
      13. Should an order be cancelled after delivery has commenced we reserve the right to recover any fair and reasonable costs associated with that cancellation.
      14. We must be in receipt of cleared funds prior to arranging your delivery.

8. Title and risk

1. 1. 1. Title to the Goods passes to you once you have paid us in full for the Goods. Until that time, you hold the Goods on our behalf.
      2. Risk of loss or damage to the Goods passes to you on delivery.

9. Guarantee

1. 1. 1. The Goods come with guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law.
      2. Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Goods.
      3. Sofa Frames: Each sofa frame supplied by Lounge Lover Pty Ltd is warranted against failure due to a manufacturing fault for a period of 5 years from the date of purchase or otherwise in accordance with the Australian Consumer Law.
      4. Components: Other components including, fabrics, leathers, foam, feather and fibre fillings, suspension, springs, mechanisms including sofa bed mechanisms, zippers, touch fasteners, and legs are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
      5. Other Goods: All other goods not specifically listed above are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
      6. Warranty is limited to Lounge Lovers house range fabrics only. Fabrics supplied by outside suppliers and purchaser’s own fabrics are not included in this warranty. Fabrics and leathers supplied by outside suppliers may be covered by the supplier’s own warranties.
      7. Guarantees may not be assigned to a third party.
      8. These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Goods, loss or damage (including rusting and corrosion) due to exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party. Instances when the Product has been used in commercial environments, or in a manner or for a purpose which is greater than, or exceptional to normal domestic residential use, will be exempt from this product guarantee.
      9. Any repair or replacement under this warranty is limited to the defective part only. Lounge Lover Pty Ltd reserves the right to determine whether a part has failed due to a defect or wear and tear and whether a component should be repaired or replaced. Freight, house calls, labour and other items are charged to the purchaser at standard rates and are not included in this warranty. Covering components replaced under this warranty may vary in colour and texture to the original.
      10. All Goods must have been maintained in accordance with our Care & Maintenance manual to be eligible for any form of Guarantee.
      11. Instances when the Product has been used in commercial environments, or in a manner or for a purpose which is greater than, or exceptional to normal domestic residential use, will be exempt from this product gurantee.

10. Liability

1. 1. 1. We are not liable for, and you release us from, any claims in respect of faulty or defective Goods based on Designs supplied by you, unless such Designs have been wholly prepared by us and the responsibility for any claim has been expressly accepted by us in writing.
      2. We are not liable for physical injury, financial injury, loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Goods.
      3. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of:
         1. re-supplying or paying the cost of re-supplying services; and
         2. repairing, replacing or paying the cost of repairing or replacing goods.

11. Prices

1. 1. 1. Prices shown are in Australian dollars and include GST where applicable.
      2. Prices do notinclude delivery and handling charges.
      3. Lounge Lovers reserves the right to change prices for products displayed on the Lounge Lovers website and instore at any time, and to correct pricing errors that may inadvertently occur.
      4. Unless otherwise stated, any accessories shown in any image of the Goods are not included in the price of those Goods.
      5. The initial conditions of an offer must still be met in the event of the return or cancellation of an item(s) to retain the discount applied. If the initial conditions are not met (e.g. spend limit not reached or multiple items not retained) the initial discount received will be adjusted accordingly.

12. Payment

1. 1. 1. All payments must be made in Australian currency.
      2. Where we are required to have the Goods manufactured, you must pay us a non-refundable deposit of 50% of the purchase price before the commencement of any manufacture, unless otherwise agreed by us in writing. The final 50% balance must be paid once the Goods have been received into our warehouse or seven days prior to delivery – which date will be at our discretion.
      3. For supply only contracts, you must pay us the entire purchase price no later than three days before the delivery date.

13. Rights in relation to Goods

1. 1. 1. For clarity, we reserve the following rights in relation to the Goods until all amounts owed by you to us are fully paid:
         1. ownership of the Goods;
         2. to enter your premises, without liability for trespass or any resulting damage, and retake possession of the Goods; and
         3. to keep or resell any goods repossessed pursuant to paragraph (2) above.

14. Our Property

1. 1. 1. Any of our property which is under your possession, custody or control is completely at your risk with regard to loss or damage caused to our property or by our property.

15. Storage

1. 1. 1. We reserve the right to charge you a reasonable fee for storage
      2. if:
         1. you are unable to take delivery within 2 weeks of the date of purchase, or within 2 weeks of any Goods we have had manufactured for you being received into our warehouse; or
         2. you notify us that you are unable to take delivery of the Goods at the initial delivery time, in which case we may charge you storage fees in respect of the Goods held for delivery by us from the initial delivery date to the date of actual delivery; or
         3. you do not provide us delivery instructions within three days of a request by us for such instructions, in which case we may charge you storage fees from the first day after we request you to provide us delivery instructions.

16. Returned Goods

1. 1. 1. If you have purchased Goods from our Standard Range then, subject to clause 16.b, 16.c and clause 16.d, you may elect to return your goods within 21 days of delivery or pick up.
      2. If you wish to make a return, we will refund the value of the Goods cancelled or returned less any delivery, return, cancellation or restocking charges (where applicable).
      3. If you wish to return your Goods please fill in our online Returns form.
      4. Goods must be returned to us unused, in their original packaging and in a saleable condition.
      5. Goods that are not returned in their original packaging will be subject to a repackaging fee of 20% of the full product price (before any discounts) which will be deducted from the refunded amount.
      6. Goods that are not returned in their original condition will be subject to a fee of 50% of the full product price (before any discounts) which will be deducted from the refunded amount.
      7. Goods that have been assembled may not be returned.
      8. Any order for Bespoke Goods may not be cancelled by you, either before or after delivery. On occasion, we may be able to accept a return of a Bespoke item, however this will incur a cancellation fee and will be at our discretion.
      9. Any order for Clearance Items or floor stock Items may not be cancelled by you, either before or after delivery.
      10. To avoid return delivery fees, you may return your goods you wish to cancel to us at any of our warehouses with prior notice made in writing via the Returns form.You can find your nearest warehouse here.
      11. Where we are under no obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case.
      12. Any item which has been treated with Guardsman or any other type of aftermarket protection product may not be cancelled or returned
      13.  

17. Cancellation

1. 1. 1. At your discretion you may elect to cancel your order for any Standard Range item as long as you do so within 72 hours of having placed the order;
      2. No order for any Bespoke Good may be cancelled except with consent in writing and on terms which will indemnify us against all losses.
      3. You can cancel your order by filling in our Cancellation form.

18. Place of contract

1. 1. 1. These Terms & Conditions are to be construed and enforced in accordance with the laws of the State of New South Wales. Any dispute arising from, or in connection with, these Terms & Conditions is exclusively subject to the jurisdiction of the courts of the State of New South Wales, including the Federal Court of Australia, New South Wales Registry.

19. Severability

1. 1. 1. If any provision of these Terms & Conditions is determined by a court of law to be void, invalid or unenforceable then such provision shall be severed from these Terms & Conditions, and the remaining provisions shall remain in full force and effect.

20. Entire agreement

1. 1. 1. This agreement contains the entire agreement of the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter.
      2. To the maximum extent allowed by law, the parties exclude all terms, conditions, and warranties other than those contained in this agreement.

21. Interpretation

1. 1. 1. In these Terms & Conditions:
         1. a reference to a statute, code or other law includes regulations and other instruments under it as well as consolidations, amendments, re-enactments or replacements of any of them.
         2. Design means any and all specifications, designs, drawings or other particulars, in any format. This include but is not limited to any request by you for any form of customisation or change which varies from any Standard Range product;
         3. Good(s) means the products (including furniture and any other items) and services (if any) that you buy from us, regardless of whether the purchase is made in-store or online;
         4. Product(s) has the same meaning as Good(s).
         5. Bespoke means Goods that are from our "bespoke" range on the website or those Goods you have requested us to have manufactured in a fabric of your choice that is not listed as 'Standard' on our website or any Good subject to any Customisation at your request.
         6. Standard Range means any Goods that are featured on our website.
         7. Clearance Item means a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
         8. Saleable Condition means Goods being presented in an as new, unmarked and unassembled condition, this includes, but it not limited to, being presented in the original packaging;
         9. headings are provided for ease of reference only and not affect the interpretation of meaning of these Terms & Conditions;
         10. the singular includes the plural and vice-versa;
         11. the words “includes”, “including” and other similar terms are not words of limitation;
         12. We, us or our means Lounge Lover Pty Ltd (ABN 50 148 209 303) of 16/888 Bourke Street, Waterloo NSW 2017, which is the seller of the Goods; and
         13. You or Your is a reference to the buyer of the Goods.

22. 100-Night Sleep Guarantee

1. 1. 1. We want your new mattress to provide you with a restful night’s sleep for years to come. That’s why we offer a 100-night trial on all Somnus products. If you don’t like it after 100 nights, simply contact us to return your mattress for a refund.
         
         

Promotional Terms & Conditions

23. Subscriber $1000 Voucher Competition

1. 1. 1. Subscribe to the Lounge Lovers email and SMS marketing communication and go into the draw to win a $1000 Lounge Lovers Voucher. Valid online only. The prize voucher is nontransferable and non-exchangeable for cash or credits. Any attempt to resell or auction all or any part of this prize will result in an immediate cancellation of the prize voucher. The prize voucher cannot be used retrospectively on past orders. The prize voucher is not applicable to shipping costs. Lounge Lovers reserves the right to cancel or amend the giveaway and these terms and conditions without notice. Competition ends on the 25th July 2023. The winner will be contacted via email and published here. For full terms and conditions visit here.

24. Mid Season Sale

1. 1. 1. The EOFY Sale promotion is available on new orders and new quotes from 12am AEDT 28/02/2023 until midnight AEDT 13/03/2023. Offer excludes existing orders and clearance items.
      2. The promotional price of up to 40% off the product RRP does not include delivery.