TERMS & CONDITIONS

1. INTRODUCTION

1.1 This agreement is established between you and Madormo Group Pty Ltd ABN 826 587 428 88, trading as Restmaker International (“Restmaker International”, “Restmaker”, “us”, “we”, or “our”), located at Suite 6, 14-16 Court Road, Fairfield, NSW, Australia.

1.2 The terms and conditions in this agreement outline your responsibilities and our responsibilities when using Restmaker International’s ordering service and delivery service (“the Services”) via our website www.restmakerinternational.com (“the Site”) or our telephone ordering service.

1.3 By creating an account with us to use the Services, you are considered to have accepted this agreement, which may be updated and modified by us periodically.

1.4 We may revise this agreement occasionally, and you should review this agreement periodically. Your continued use of the Services following any amendment to this agreement signifies your acceptance of the updated terms and conditions.

1.5 Any additional conditions related to the Services, found on other pages of the Site, will be integrated into and will form part of this agreement unless those additional conditions conflict with these terms and conditions. You must read all information available on the product information page of any item or product you intend to order before placing an order through the Services.

 

2. SERVICE USAGE

2.1 You agree to use the Site and the Services for purposes allowed by this agreement.

2.2 You must not access or attempt to access the Site by any means other than the interface provided by us.

2.3 You must not undertake any action that may interfere with or disrupt the operation of the Site or the Services.

2.4 You must not use any device or software to interfere with or attempt to interfere with the Site or the Services.

2.5 You may not use another member’s account without permission.

2.6 We reserve the right to suspend or terminate your account if we reasonably suspect fraudulent activity in connection with your use of the Services.

2.7 We reserve the right to suspend or terminate your account if your conduct is deemed by us to be inconsistent with the terms and conditions of this agreement.

 

3. ACCOUNT CREATION

3.1 To use the Services, you must create an account with us and provide us with your details.

3.2 By creating an account with us, you are considered to have accepted this agreement, which may be updated and modified by us periodically.

3.3 You must not use false or misleading information when creating an account with us or when using the Service.

3.4 If your details have changed since the last time you used the Service, you must provide us with the updated details.

3.5 We will not be responsible for any loss or damage which may occur because you have not provided us with complete and accurate information.

 

4. LEGAL CAPACITY

You must be able to form legally binding contracts to use the Services and must be over the age of 18 years.

 

5. ORDERING PROCESS

5.1 You may use the Site and the Services to place orders for items or products displayed on the Site.

5.2 Displayed items or products on the Site do not constitute a commitment to sell. No information on the Site is considered as a commitment by us to supply any items or products.

5.3 By placing an order with the Service, you are making an offer to us to purchase the items or products you have selected under the terms and conditions of this agreement, at the displayed price.

5.4 We reserve the right to accept or reject your offer for any reason, including but not limited to:

(a) the availability of the item or product;

(b) an error in the price or description of the item or product;

(c) an error in your order.

5.5 Our acceptance of your order will form a binding contract of sale for the items in your order. If we agree to cancel an order, a minimum $30 administration fee plus any storage, labour, and shipping costs incurred will be charged before a refund is processed.

5.6 Promotional Codes:

(a) Coupons, promotional codes, and discounts can only be used at the time of placing your order and cannot be applied retroactively.

(b) We may occasionally release promotion codes and vouchers that can be used for discounts or free shipping. Promotion codes can be redeemed in accordance with the terms and conditions of the relevant promotion. Promotion codes can be used on the website during the checkout process or they can be redeemed when placing your order over the phone or in store (excludes online-only promotions).

(c) Promotion codes are valid for the relevant promotional period only and cannot be redeemed after the promotion end date unless stated otherwise.

(d) Promotion codes may not be combined with any other sale, promotion, discount, code, coupon, and/or offer unless otherwise stated.

(e) If you place an order for a product less than the value of the promotion code, no residual credit will be returned to you.

(f) Promotion codes have no cash value and interest does not accrue on any credit amount.

(g) If the credit of a promotional code is insufficient for the order you wish to make, you may make up the difference through payment by other means (but not by using another promotion code or attempting to rely on any other offer).

(h) Only one promotion code can be used per order.

(i) Free same day delivery promotion codes are only valid for deliveries within Sydney metropolitan areas and for orders over $600.

(j) We reserve the right to refuse any orders that do not meet the above conditions.

5.7 When we receive a high-value order or have reason to suspect an order may be fraudulent, we will follow our company procedures to confirm whether the order is legitimate, which may include requesting a scan or photograph of your credit card and identification document such as a driver’s license. We do this in an effort to protect the cardholder and the company from fraud, and we reserve the right to cancel an order if we suspect fraud, whether verification steps were carried out or not.

 

6. PRICING AND GST

6.1 The prices of any product displayed on the Site, delivery, and any other charges are in Australian dollars only (AUD$).

6.2 We reserve the right to change the prices for any item or product displayed on the Site from time to time.

6.3 The prices for any item or product displayed on the Site do not include delivery charges or any other charges.

6.4 All prices, including prices for any item or product displayed on the Site, delivery, and any other charges include GST.

 

7. PAYMENT

7.1 You are required to pay the purchase price of the items or products that you have ordered, including any applicable fees or charges such as delivery charges, as detailed in our tax invoice.

7.2 We accept various forms of payment including credit card (Visa, MasterCard), PayPal, direct bank deposit, internet transfer, money order, or cheque.

7.3 Please note that your order will not be processed until we have received full payment from you. Be aware that payment methods such as direct bank deposit, internet transfer, or cheque may take several days to process.

 

8. DELIVERY

8.1 In accordance with the terms and conditions of this agreement, we will provide you with the items and products specified in your order confirmation.

8.2 We will delay the delivery of any item or product until we have received full payment from you. Please note that payment methods such as direct bank deposit, internet transfer, or cheque may take several days to process.

8.3 We will strive to deliver the products to you on or before the delivery date specified in your order confirmation; however, you acknowledge that the delivery date specified in your order confirmation is only an estimate.

8.4 We will deliver the items or products specified in your order confirmation to the delivery address you provided when using the Services (“the Delivery Address”).

8.5 If you have registered an “Authority to Leave” with us or our delivery personnel, the items or products will be delivered to the Delivery Address specified in your “Authority to Leave” document and will be left there according to your instructions.

8.6 Unless otherwise stated, we will deliver large or bulky items or products (for example, furniture, adjustable bases) only to the front door of the ground floor. Our standard delivery service does not include product assembly, and we do not offer any installation services such as mounting products onto walls or installing products into kitchens.

8.7 If you visit any location where the items or products are stored to inspect or collect your items or products, you must comply with:

(a) any laws related to occupational health and safety; and

(b) any directions or warnings we have given about the items or products; and

(c) any directions or warnings given to you by us or anyone authorized by us when inspecting, collecting, or removing any items or products from any location.

8.8 If you visit any location where the items or products are stored, you acknowledge that you do so at your own risk.

8.9 We reserve the right to charge you for any additional costs incurred in the re-delivery of the item or products specified in your order confirmation if:

(a) after confirming the delivery date with you, there is no person at the Delivery Address to receive the item or product or no person at the Delivery Address that is able to sign any consignment note indicating that the item or product has been received;

(b) through no fault of our delivery personnel, our delivery personnel is unable to unload or deliver the item or product ordered to the Delivery Address; or

(c) the Delivery Address is incorrect.

8.10 If an item or product is to be collected or we are unable to deliver the item or product due to your unavailability, and the item or product is not collected from our offices or warehouses within 14 days of the sale, we reserve the right to either dispose of or sell the item on terms that we determine to be reasonable. If this occurs, we will refund to you the proceeds of the sale, less our storage costs of $5.00 per day of storage, our administrative fees of $40.00, and/or any delivery costs incurred by us.

8.11 We will not deliver any item or product:

(a) to any location outside of Australia; or

(b) on weekends or after normal working hours.

8.12 You may cancel an order by contacting us by telephone during our business hours. Orders cannot be cancelled via e-mail, chat or any other formats due to our dispatch team not being accessible on these channels or outside business hours. The following charges will apply depending on the status of your order:

(a) If your order has started processing but has not been dispatched from our warehousee, a $30 cancellation fee will apply.

(b) If your order has already been dispatched from our warehouse, a shipping fee plus a return fee of an equal amount will apply. This includes items sold on a free delivery basis.

 

9. RISK AND OWNERSHIP

9.1 Ownership of any items or products will only transfer to you when we receive full payment of all amounts specified in our tax invoice.

9.2 The risk associated with any items or products delivered will transfer to you upon delivery.

9.3 If you have registered an “Authority to Leave” with us or our delivery personnel, the risk associated with the items or products delivered will transfer to you at the time that the items or products are delivered to the address specified in your “Authority to Leave”, in accordance with the instructions contained in your “Authority to Leave”.

9.4 The risk associated with any items or products collected by you from our premises will transfer to you upon collection of the items or products.

 

10. WARRANTIES

10.1 These products 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

10.2 Any additional warranties offered for a specific item or product displayed on the Site will be shown on that product’s product information page.

10.3 The warranties provided to you under this agreement are in addition to any other statutory rights, remedies, conditions, or warranties, and nothing in this agreement excludes the application of those statutory rights, remedies, conditions, or warranties.

10.4 We warrant that the items or products:

(a) match the description provided on the Site;

(b) are fit for the purpose as described on the Site; and

(c) are of merchantable quality.

10.5 The duration of the above warranty will depend on the item or product and will commence from the date that the product is delivered to you. The product warranty periods are contained on the individual product page as well as the warranty information sheet provided to you upon delivery of the product.

10.6 If you wish to make a claim for the breach of any warranty, including any breach of any additional warranty, you must:

(a) notify us in writing; and

(b) provide us with proof of purchase.

10.7 A notice to us may be sent to the following address:

Restmaker International
Returns Department
4/14, Nello PlaceWetherill Park NSW 2164

Or via e-mail to [email protected]

10.8 You may also reach out to us regarding your warranty claim at our telephone number 0452 272 860 or our e-mail address [email protected].

10.9 Upon receipt of your claim under this warranty, we will evaluate your claim and will provide you with a returns advice form that will instruct you where the items or products must be returned.

10.10 If we provide you with a returns advice form and do not receive a response from you or receive the returned items or products from you within 30 days, you will not be entitled to reject the items or products, subject to any rights you may have under the Australian Consumer Law.

10.11 Upon receipt of your claim under this warranty and/or the return of your items or products, we will evaluate your claim and if we determine that your claim is valid:

(a) if the products can be repaired and the failure to comply with the warranty is not a major failure, we will, at our discretion, either repair the defect, replace any defective part of the defective product, or replace the defective product; and

(b) if the products cannot be repaired or the failure to comply with the warranty is a major failure, you may reject the products, return the products (if you have not done so already), and at your election, seek the replacement of the products, the repair of the products, or a refund of any money you have paid for the product.

10.12 If, in accordance with the warranty under this agreement, a repair is approved for the item or product and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.

10.13 If any item or product is returned to us for refund, repair, or replacement, you must return it to us, at your own cost, and ensure that the item or product is properly packaged to prevent any damage during transit. We will not be responsible for any damage to the item or product during transit. A return authorization number will need to be requested from us and attached to the item(s) before sending to us. All returns must be sent to our service center at the following address:

Restmaker International

Returns Department

4/14 Nello Place Wetherill Park NSW 2164

10.14 If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:

(a) we reserve the right to charge you for any reasonable costs incurred in the examination or assessment of any item or product, including but not limited to any costs incurred in sending an on-site technician to examine or assess the item or product; and

(b) we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.

 

11. WARRANTY EXCLUSIONS

To the extent permitted by law, the warranties provided in clause 10 do not apply where our products have been subjected to:

(a) misuse, abuse, neglect, or accident; and/or

(b) alteration or improper alteration by the Client or any other third party; and/or

(c) non-compliance with use and maintenance instructions; and/or

(d) damage or malfunction due to normal use or fair wear and tear, such as the discoloration of glass frosting, or color fading; and/or

(e) use in trade or commercial situations such as in a restaurant, bar, gym or day spa.

 

12. 30-DAY MONEY BACK GUARANTEE

12.1 All our items or products come with a thirty (30) day money back guarantee (“the 30-day Money Back Guarantee”). If you, for any reason whatsoever, are not satisfied with the item or product supplied to you, you may, within thirty (30) days of the item or product being delivered to you, return the item or product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price of the item or product does not include fees paid for any delivery, shipping, or handling charges, and shipping costs will be deducted from the refund of items sold on a free delivery basis where we have incurred shipping charges.

12.2 If you exercise your rights under the 30-day Money Back Guarantee, you:(a) must notify us in writing of the exercise of your rights under the 30-day Money Back Guarantee and return the item to us within thirty (30) days of the item or product being delivered to you;

(a) must provide us with proof of purchase;

(b) must return the item or product to us in its original condition and in its original packaging;

(c) must return the item or product to us at your own cost;

(d) must pay a 10% restocking fee which will be deducted from the refund amount; and

(e) are not entitled to make any claim for the breach of any warranty.

 

13. COMPLIMENTARY TRANSIT INSURANCE

13.1 We will arrange transit insurance, at our expense, for the delivery of all our items or products to you.

13.2 If you believe that an item or product delivered to you has been damaged during the delivery process, you must:

(a) notify us within twenty-four (24) hours after the item or product has been delivered;

(b) provide us with sufficient information for us to determine if the item or product delivered has been damaged during the delivery process, including providing us with photographic evidence of the item or product and the packaging it was received in;

(c) provide us with a copy of the delivery or consignment note signed at delivery, indicating that the item or product was received in a damaged condition.

13.3 If we determine that an item or product delivered to you has been damaged during the delivery process:

(a) we may, at our discretion, refund, repair, or replace that item or product; and

(b) if the item or product is to be returned to us, we will organise for the collection of the item or product from the Delivery Address.

13.4 If we have determined that an item or product delivered to you has been damaged during the delivery process and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.

13.5 If any item or product is returned to us for refund, repair, or replacement, you must return it to us in its original condition, along with all original packaging.

13.6 If you or our delivery personnel provide us with a signed delivery or consignment note that does not indicate that the item or product was received in a damaged condition:

(a) we reserve the right to refuse to refund, repair, or replace the returned product;

(b) we reserve the right to charge you for any collection and re-delivery costs incurred in collecting the item or product from you and/or returning the item or product to you.

 

14. LIMITATION OF LIABILITY AND INDEMNITIES

14.1 If you have registered an “Authority to Leave” with either us or our delivery personnel, we will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of our compliance with your instructions contained on that “Authority to Leave”.

14.2 We will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of or in connection with the use of the Services or the sale of any item or product.

14.3 We will not be liable for any loss, expenses, losses, costs, consequential losses, or direct or indirect damage suffered by you where your credit card has been fraudulently used or has been used in an unauthorised manner.

14.4 Our maximum liability for any item or product supplied to you is limited to a maximum total aggregate sum of the amount payable by you in respect to the item or product in question.

14.5 You will at all times indemnify us from any claims, loss, damage, liabilities, expenses, costs or demands including legal fees made by any third party due to or arising out of a breach of this agreement by you or arising out of your negligent act or omission.

 

15. PRIVACY

15.1 We are committed to protecting your privacy and the privacy of any personal information provided to us.

15.2 We comply with the Privacy Act 1988 (Cth) and the National Privacy Principles.

15.3 We will not use or disclose any information about you without your consent, unless:

(a) required by law;

(b) to implement our terms of service;

(c) to protect the rights, property or personal safety of another user, any member of the public or us; or

(d) the assets and operations of the business are transferred to another party as a going concern.

15.4 When you visit our Site, we may use an internet browser feature called a ‘cookie’. A cookie is a small data file that may be placed on the computer of a web user (usually in the browser software folder) the first time a computer visits a web site which operates cookies. Cookies by themselves cannot be used to find out the identity of any user. The cookie will enable us to recognise your computer when you return to our Site. We use cookies to measure traffic patterns, to determine which areas of our Site have been visited, and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our Site. If you do not wish to receive any cookies, you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of the services on the Site.

15.5 We will preserve the content of any e-mail that you send us, if we believe that we have a legal requirement to do so. Your e-mail message content may be monitored by our employees for security issues including where e-mail abuse is suspected; our response to you may be monitored for quality assurance issues.

15.6 You consent to us using your personal information in a manner consistent with our Privacy Policy.

 

16. INTELLECTUAL PROPERTY

16.1 All intellectual property rights in the Site, the Services, and all components of it are owned or licensed by us and any use of them other than as permitted by us in writing is strictly prohibited.

16.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way transmit in any form or by any means any part of the Site or any information or content on the Site without our prior written consent.

16.3 The Site contains trademarks, logos, service names and trade names of ours or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Site.

16.4 We grant you a non-exclusive and non-transferable licence to use the Site for your own personal use subject to the restrictions specified in clause 11.5. We may revoke, suspend or terminate this licence at any time.

16.5 You are not permitted to:

(a) download (other than page caching) or modify the Site or any portion of the Site;

(b) reproduce, duplicate, copy, sell, resell, visit, or in any other way exploit our Site or any part of our Site for any commercial purpose without our express written consent;

(c) use any tags or any other “hidden text” utilising our name or trademarks or to otherwise use our name or trademarks without our express written consent;

(d) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(e) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

(f) use the Site in any manner that could damage, disable, overburden, or impair any of our servers, or the networks connected to any of our servers, or interfere with any other party’s use and enjoyment of the Site;

(g) gain or attempt to gain unauthorised access to the Site, other accounts, computer systems or networks connected to any of our servers or to the Site, through hacking, password mining or any other means;

(h) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

(i) use the Site in a manner that is unlawful or in violation of these terms and conditions.

16.6 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in any information or content you provide on the Site, in any media now known or not currently known, with respect to your information or content.

16.7 If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.

16.8 Upon receipt of a infringement claim we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a claim, you grant to us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the infringement claim to the parties involved in the provision of the allegedly infringing content. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the submission of a infringement claim.

 

17. OTHER IMPORTANT MATTERS

17.1 We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

17.2 If any part of this agreement is found to be void, unlawful, or unenforceable, then that part will be deemed severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

17.3 This agreement is governed by and will be interpreted according to the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts of the State of New South Wales in relation to any dispute under or about this agreement.

 

18. COMPETITIONS

18.1 Winners of competitions are chosen randomly and will be contacted directly via email. The drawing will be held no later than two weeks after the competition end date.

18.2 Entry into any Sign-up competition includes the following conditions:

(a) To enter the giveaway, you must provide your first name, email address, and mobile number.

(b) The prize is awarded as a gift card, which can only be redeemed on the Luxo Living Online Store and cannot be exchanged for cash.

(c) The prize can be applied to products only. Shipping fees and other handling fees are not covered by the voucher. Additional services are not included.

(d) By entering the competition, you agree to receive promotional content both via email and SMS marketing.

(e) By entering the competition, you agree to have your first name and the first initial of your last name shared in any winner announcement(s) via email or social media. No contact details will be shared as part of this announcement.

(f) The giveaway is open to residents of Australia only.

(g) You must be 18 years or older to enter.

(h) The winner will be chosen at random and notified by phone or email within two weeks of the end of the giveaway.

(i) The prize is not transferable or exchangeable for cash.

(j) Restmaker International reserves the right to cancel or modify the giveaway at any time without notice.

(k) By entering the giveaway, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by them.