Terms of service

OVERVIEW
This website is operated by Elegant Interior. Throughout the site, the terms “we”, “us” and “our” refer to Elegant Interior. Elegant Interior 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.

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 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.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service 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 following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Product Terms:

  • Please be aware that the specifications of products displayed on the website are subject to change without prior notice.
  • The dimensions provided for products are approximate and may vary.
  • Kindly note that the actual product colors may differ from what is displayed on your device screen due to various factors, such as device screen settings or lighting conditions in the installation location. It is recommended to carefully choose before making a purchase as device screens are not equally calibrated and color reproduction on the internet may not be accurate.

Pricing Terms:

  • All products are quoted inclusive of GST.
  • Your order does not include delivery charges payable to Elegant Interior, which must be paid separately to before the delivery via cash, EFTPOS, or bank cheque.
  • We reserve the right to reject any orders placed on the website that contain errors.
  • Selected items, floor stock, and discontinued items are available at a discounted price off the RRP in-store, excluding leather and fabric accidental damage warranties. Please visit the store for further details. This offer is valid while stocks last. Please contact our online concierge team for more information.

 Payment Terms and Conditions:

  • Visa, MasterCard, American Express, and BPay are accepted payment options for both online and in-store orders.
  • Debit payments and financing are available in our showrooms only.
  • All card payments made online and in-store will incur a 1% surcharge to cover the costs charged by the customer's bank. These charges will be added to the balance of your order when you proceed to the checkout.
  • By placing an order, you authorize us to debit the payable amount from your nominated payment method.
  • We do not accept fraudulent or unlawful means of payment.
  • Your nominated payment method may trigger fraud prevention protocols, and we may contact you to confirm additional details or cancel the transaction.
  • We exclude all liability (whether directly or indirectly) for any loss or damage suffered or incurred by you where a credit card is used fraudulently or in an unauthorized manner, as permitted by law.
  • We will endeavor to process online payments within five business days.
  • A minimum deposit of 50% of the purchase price is required at the time of purchase, whether made in-store or online.
  • Changes or cancellations to orders can be made within three days of the order date, subject to a cancellation fee of $50. Orders cannot be altered after this period. If an order is cancelled after three days from the order date, all deposit monies paid will be forfeited, and a cancellation fee of $50 will be applied.

Conditions of Sale and Warranty Information

MAKING PURCHASE
  1. Elegant Interior retains the right to accept or reject any order—or portion of an order—that it may receive from you in its sole discretion.
  2. As soon as Elegant Interior accepts a deposit for the purchase of the Products from you, the order is legally binding on Elegant Interior, and you accept all of the terms and conditions outlined in these Terms.
  1. You acknowledge and agree that you have determined for yourself that the Products meet your requirements and are adequate and acceptable in all material aspects for your intended purpose before placing an order and making a deposit or full payment.
 PRICES
  1. All product prices are listed in Australian dollars and include GST.
  1. Shipping and access check fees will be added to the cost of the products and are shown in the final order total at the checkout. 
  1. You must pay Elegant Interior all additional fees owed by you under these Terms at the periods that Elegant Interior will notify you of from time to time.
  1. If we find a pricing or payment error for any of the Goods you've ordered, we'll let you know as soon as we can and give you the choice of either reconfirming your order at the correct price or cancelling it. We shall regard the order as cancelled if we are unable to get in touch with you.

 If the order is cancelled in these circumstances and you have:

(a) placed a deposit for the Products, we will reimburse the whole amount of the deposit to you; or

(b) you paid the full price for the Items, in which case we will give you a complete refund of the price you paid.

 PAYMENT
  1. A deposit is necessary at the time of order placement, unless you buy a clearance item. Before we begin processing your order, we will let you know what deposit is necessary.
  2. Five business days prior to final delivery, cleared monies must be sent into Elegant Interior's bank account in full. The term "full payment" refers to the price of the Goods plus all other fees and costs that are your responsibility under these Conditions, less any paid deposits. The deposit you previously paid will be utilized by us toward part payment of the price of the Goods after we receive your full payment.
  3. You can arrange for payment via bank transfer (EFT), credit or debit card, financing (pending approval), cash, or another method.
  4. Full payment by cash and/or credit/debit cards is needed at the time of purchase of any such Products if the Products are clearance stock products. These Goods cannot be purchased with financing.
  5.  No Items may be purchased using company or individual checks.
  6.  All expenses incurred in arranging payment for the Goods are your responsibility (including, without limitation, bank transfer fees and related charges).
  7. We will give you a document called a Sales Order that outlines your order at the time you place it and pay the deposit associated with it. After we have received your full payment, the Sales Order becomes a proof of purchase.
 TITLE AND RISK
  1. Upon delivery, you become the sole owner of the Goods. More specifically: 
    • delivery takes place soon before the products are unloaded at the delivery address if we deliver the products to that location; and (b) Delivery takes place right before the Products are loaded onto transportation at the Elegant Interior warehouse or after you pick up the Products in the showroom if you choose to arrange for their collection from Elegant Interior warehouse or showroom.
  2. For showroom collections, our retail crew is unable to help you load the Goods into your car due to health and safety concerns.
  3. For warehouse collections, you are entirely responsible for transporting the Goods from the warehouse pick-up point and placing them into your vehicle (and you accept all risk associated with doing so). We advise that you arrange enough resources for this process. Elegant Interior will not be responsible for any loss or damage if you ask our warehouse personnel for help and they choose to help you (even though they are not required to for health and safety reasons), as the risk has already been transferred to you.
  4. When Elegant Interior receives full payment for the Products and any other fees owed by you under these Conditions, all title in the Products goes to you.
PRESENTATION OR COLLECTION

You have the option to specify whether you want the Goods delivered to you or picked up by you when you place your order.

If you suggest a collection:

(a) Subject to collection clauses, collection may take place in our warehouse or a Elegant Interior showroom

(a) Only a limited number of Items may be picked up from a showroom. Accessories, cushions, ottomans, side tables made solely of timber, and Smart Pocket Accessories are those products.

(c) To be clear, products that have been ordered online, through Elegant Care, or through Customer Service Orders may be picked up from a warehouse rather than a showroom.

Should you request delivery:

(a) We will pre-arrange the anticipated delivery date with you.

 (b) Any delivery date given is simply an estimate.

(c) You cannot postpone the anticipated delivery date without Elegant Interior's prior written approval. (See below's Storage Choices.)

If your order is prepared for delivery before the initial anticipated Delivery Date and you accept an earlier estimated Delivery Date, the earlier Delivery Date will take the place of the earlier Delivery Date as the new expected Delivery Date. In this case, the new anticipated Delivery Date will be subject to the same Conditions that apply to the original estimated Delivery Date. Elegant Interior will let you know in either scenario to confirm the pre-arranged Delivery Date.

ACCESS TO PREMISES AND CORRECT ADDRESS

You must make sure that Elegant Interior has the right delivery address information when you place your order. PO Boxes are not accepted for delivery. Your order must be accepted in person by a person who is at least 18 years old and capable of accepting delivery.

 If you believe it could be difficult for a recipient to reach the delivery address, you must let Elegant Interior know in advance (e.g. if there are staircases or narrow passages).

 It is your responsibility to make sure there is sufficient access and entry to the location of the delivery so that the Products can be delivered, laid out, and/or, if necessary, Elegant Interior furniture may be removed.

REMOVING CURRENT ELEGANT INTERIOR FURNITURE

In the following conditions, Elegant Interior will remove any existing Elegant Interior furniture from the delivery address at no cost to you:

(A) You must specifically request that any Elegant Interior furniture be removed from the delivery address at the time designated for the delivery when placing your order for the Items to be delivered; and

(b) Elegant Interior has stated in writing that the Elegant Interior furnishings may be removed for no charge at all.

Please get in touch with Elegant Interior customer support at care@elegantinterior.com.au if you'd like to acquire this service. Elegant Interior will let you know the approximate time and date for disassembling and picking up the furniture, albeit this may be different from when the Goods are delivered.

We reserve the right, at our sole discretion, to deliver parts of any order to you for no additional charge. These Conditions are still valid as far as those partial deliveries are concerned even if we don't supply all the Items in your purchase at once. Yet, you will be billed the full delivery fee for each time Elegant Interior delivers your products in parts at your request or through their influence.

ASSEMBLY

The Goods will be constructed at the delivery address at the time delivery is made if you selected "Deluxe Delivery" when placing your order.

Only a few metropolitan locations, like those around Perth metro, offer Premium Delivery.

Conversely, the Goods won't be built when delivery is done if you chose a "Express Delivery" option when placing your order. You must get in touch with Elegant Interior's dispatch team.

 Purchase the "Deluxe Delivery" service and set a time for the products to be assembled 14 days prior to the delivery's scheduled arrival.

10 DUMPING OPTIONS

 Delivery of your item may be delayed, and we will hold it for up to two weeks after the originally specified Delivery Date ('Free Storage'), provided that:

 (A) Our warehouse has your order available in full; and

 (b) At least 48 hours prior to the Delivery Date, you must inform us that you want to use the Free Storage option.

 We'll keep your order until the subsequent Delivery Date (which must be within two weeks). With regard to an order, this deferral and Free Storage option is only available once.

 You can request delayed delivery and pay for up to 4 weeks of extra storage in our warehouse (referred to as "Extended Storage") as an alternative to the Free Storage option provided in clause 10. At least 48 hours before the delivery date, you must inform us that you want to use the Extended Storage option. You will be given a cost estimate (depending on the overall volume of storage space your order has taken up) so you can choose whether to accept the extended storage option. We will keep your order until the subsequent Delivery Date at your expense (which must be within four weeks). With regard to an order, this deferral and paid Extended Storage option is only available once.

Delivery must be accepted after either of the storage alternatives in clause 10 has been used up. Fast delivery or Deluxe delivery options are available for delivery. Fast Delivery with the choice of delayed assembly is another option. Please call us on 08 6186 0616 to reach the Elegant Interior dispatch team to schedule a time for the assembly of the Goods.

DELIVERY

If you do not pick up or accept delivery of your products within the allotted "Delivery Period," which is one of the following:

 (a) For items from clearance stock, seven days from the date of your initial delivery; or

(b)For any other stock, 14 days after the anticipated Delivery Date, then as soon as the delivery period is through, Elegant Interior will: demand that you arrange for the Items to be shipped to a storage facility of your choosing provided you have paid the full purchase price, and you are responsible for any delivery, storage, and related fees. Elegant Interior releases itself from any responsibility for orders that are delivered to storage facilities of your choosing. Elegant Interior could be able to help you set up a storage facility. (See below's Storage Choices.)

Rescind the contract for the sale of the Products by giving you notice and consider your failure to accept delivery under the aforementioned conditions as your cancellation of the initial order if you have not paid the full purchase price or if you fail to take care of the matters in (a) and (b). In this situation, you:

Accept to forfeit the deposit paid or the full purchase price of the products if they are clearance stock; and will no longer make any claims regarding the products; and

At its sole discretion, Elegant Interior may offer to sell you the Items at a later time for the full purchase price, without any deduction for the lost deposit.

ORDER WITHOUT DATE OF DELIVERY

If you order products from Elegant Interior, and Elegant Interior decides not to establish a delivery date for that order at the time of order placement, Elegant Interior agrees to do so in exchange for your strict adherence to the following requirements:

 (A) You must confirm your order and mutually agree on an estimated delivery date from the dates that Elegant Interior offers as potential delivery dates for your order within six weeks of Elegant Interior receiving your complete deposit; and

 (b) You cannot change your purchase once the expected Delivery Date has been scheduled with Elegant Interior because Elegant Interior can start manufacturing the Goods right away.

 The terms and conditions listed under the headings "Delivery" and "Cancellation of Order" in these Terms will apply to delivery and cancellation of the order after an expected Delivery Date is established.

 Elegant Interior will rescind the contract for the sale of the Products and consider your refusal to accept an estimated Delivery Date to be your cancellation of your initial order if you do not adhere to the requirements in clause 12.1(a) above or decide to cancel your order in situations where no estimated Delivery Date has been established as per clause 12.1(a). In this situation, you:

  1. a) consent to giving up the $500 deposit you gave Elegant Interior as payment for the administrative costs and expenditures spent in handling the order;

 (b) consent to have the remaining deposit amount refunded to the original payment method's credit card, debit card, or bank account; and

 (c) won't make any more claims on the goods.

ORDER CANCELLATION

If you change your mind or make the wrong choice, we are unable to offer a refund or exchange. Before buying the Goods, we advise you to double-check any suggested orders in person at the Elegant Interior Showrooms or online on the checkout page, as appropriate. If you cancel your order, Elegant Interior will notify you and you will be held responsible for the following:

 (a) consent to forfeiting the entire deposit up to $500 paid as compensation for Elegant Interior's administrative costs and expenses incurred in handling and canceling the order, and to receive a refund for the remaining amount of any deposit paid via credit card, debit card, or bank account, depending on how you made the initial deposit; and

(b) consent to forfeiting the entire deposit sum received in the event that the manufacture of your products has already started; and 

(c) will no longer make any claims regarding the products, and

(d) Elegant Interior may, entirely in its discretion, agree to sell you the Products at a later time for the full purchase price, without giving you a reduction for the lost deposit.

13.2 Elegant Interior does not accept purchase cancellations, returns, refunds, or exchanges for goods that is on clearance.

DELAY IN YOUR FURNITURE'S DELIVERY

Elegant Interior will not be held responsible if any of its responsibilities are delayed, even if the delay was brought on by circumstances beyond our reasonable control.

We promise to make a good faith effort to deliver on the anticipated delivery date. Elegant Interior's liability will only extend to resupplying the Goods at a later date if we are unable to achieve the projected Delivery Date.

 If Elegant Interior, its manufacturer, supplier, subcontractor, or any carrier experiences a Force Majeure Event or an Insolvency Event at any time after receiving an order from you and it delays or prevents Elegant Interior from supplying some or all of the Products specified in an order by the estimated delivery date, Elegant Interior may choose to extend the time for performance of the delivery or cancel the order if the Force Majeure Event lasts for a period of 14 days or more.

 In this sentence:

 (a) "Force Majeure Event" refers to any unforeseen event that is beyond the control of Elegant Interior, its supplier, subcontractor, manufacturer, or any carrier, including but not limited to acts of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time), including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules

 (b) Any one or more of the following events constitutes a "insolvency Event." any action is taken to appoint a controller, administrator, liquidator, trustee in bankruptcy, or similar person to it, any of its assets, or any of its undertakings;

a court petition seeking a ruling that it be wound up is filed, a resolution to that effect is enacted;

if decides to enter into, or enters into, any agreement with any of its creditors, other than in the regular course of business;

Each event that occurs to it under the law of any jurisdiction has a substantially similar impact to any of the events listed in paragraphs I through (iii), inclusive, of this term.

Project & Installation Payment Terms

For all custom-made products, project works, and installation services, the following payment terms apply:

  1. Deposit Requirement
    A minimum 50% non-refundable deposit of the total project value is required at the time of order confirmation.
    No procurement, custom manufacturing, project scheduling, or installation planning will commence until the deposit has been received and cleared.

  2. Progress & Final Payment
    The remaining balance (50%) must be paid in full in cleared funds at least five (5) business days prior to delivery and/or installation, whichever occurs first.

  3. Installation Condition
    Elegant Interior reserves the right to withhold delivery, installation, or project completion if full payment has not been received by the required timeframe.
    Installation dates are not confirmed until the final balance is paid in full.

  4. Definition of Full Payment
    “Full payment” includes the total cost of goods, custom fabrication, project works, installation, freight, and any additional services, less any deposit already paid.

  5. Delays Due to Non-Payment
    Any delay in payment may result in rescheduling of delivery or installation, and Elegant Interior will not be liable for delays caused by late or incomplete payments.

PRODUCT SPECIFICATIONS AND VARIATIONS

1 There is a chance that your product will differ in certain ways from the Elegant Interior showroom sample or internet photographs. Please be aware that soft furniture may differ in look and qualities like creasing and softness. Because leather and fabrics come in a variety of colors and textures, color swatches and samples should only be used as a rough reference. Genuine leather will have scars, markings, and patches of different density and hue, which vary from product to product and are characteristics of real leather.

1 To the fullest extent permitted by law, we reserve the right to alter the size, shape, design, and construction of the Product, as well as to pattern-match fabrics in Elegant Interior's discretion to enhance its appearance. However, these alterations must only be made internally and must not be apparent to you.

 SPECIAL CONDITIONS FOR CLEARANCE ITEMS AND INSPECTION OF CLEARANCE ITEMS

You must inspect any products you plan to buy from clearance stock before making a decision to buy them, and by doing so, you agree to accept any flaws or minor damage. Any blemishes, stains, or other damage that won't impair the function of the Products will be documented at the time of purchase and won't be covered by any guarantee that Elegant Interior may offer in connection with those Products.

All clearance items with electrical components will be covered for a maximum warranty period of 2 years. After this period, a call out fee and the cost of all parts and repairs will be payable by you.

PRODUCT SUITABILITY

Please choose carefully as Elegant Interior will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations. Elegant Interior will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by Elegant Interior. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. Elegant Interior will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

 WARRANTY

Elegant Interior offers a warranty to cover certain Elegant Interior branded Products and selected components of those Products. The terms of the warranty are separately published on our website and are available here.

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:

 (a) cancel your service contract with us, and

 (b) refund for the unused portion, or reimbursement for its reduced value.

 You are also entitled to choose a refund or replacement for major failures with goods.

 If a failure with the goods or a service does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 LIABILITY

 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Elegant Interior is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

 (a) any increased costs or expenses; 

(b) any loss of profit, revenue, business, contracts or anticipated savings; 

(c) your use or misuse of the Products;

(d) any act, omission or negligence by you, your agents or representatives;

(e) any loss or expense resulting from a claim by a third party; or

(f) any delays in delivery of the Products;

(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Elegant Interior’s failure to complete or delay in completing the order to deliver the Products.

In circumstances where Elegant Interior’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of Elegant Interior for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to Elegant Interior in respect of the Product giving rise to the liability.

 INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.

 In all other cases, to make a claim you must notify Elegant Interior of any damage to the Products or shortages in delivery within 24 hours of receiving delivery. To make a claim:,

(a) contact 08 6186 0616

(b) send a notice in writing to Elegant Interior by registered post, or

(c) speak with a Elegant Interior customer service representative at a Elegant Interior showroom.

When you notify us of a claim, you must provide the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Elegant Interior is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.

Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

 ACCURACY OF INFORMATION

 While Elegant Interior aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While Elegant Interior has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. Elegant Interior does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on the Elegant Interior website is different to the price displayed in a Elegant Interior Showroom, the price displayed in the Elegant Interior Showroom will be considered the correct price.

INTELLECTUAL PROPERTY

You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Elegant Interior.

You will not knowingly allow any intellectual property belonging to Elegant Interior to be reverse engineered, pirated or copied or breached in any other manner. Elegant Interior may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Elegant Interior's intellectual property rights.

 PRIVACY

 We may collect personal information in connection with Elegant Interior’s dealings with you. If so, we will abide by Elegant Interior’s Privacy Policy, a copy of which is available on Elegant Interior’s website and by request.

 INDEMNITY

 To the full extent permitted by law, you will indemnify Elegant Interior and keep indemnified Elegant Interior from and against all liability, loss or damage Elegant Interior may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.

 GOVERNING LAW

 These Terms will be governed by and construed in accordance with the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

 GENERAL

Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Elegant Interior and you for the purchase of the Products.

If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

SPARE PARTS

Elegant Interior offers a range of spare parts and associated repair services which may be available for purchase by you after the Product is supplied to you. Our ability to supply spare parts is not guaranteed and, in all cases, will depend on the availability of such parts and suitably qualified service technicians.

Spare parts and associated repair services may also (in our discretion) be available for purchase by the owner of a Elegant Interior Product who did not purchase that Product directly from Elegant Interior.

If you are interested in purchasing repairs or spare parts for a Elegant Interior Product, please contact Elegant-Care Service Team on 08 6186 0616 for more details.

 

CONTACT

For further information please contact Elegant Interior Customer Service:

08 6186 0616 

2, 14 Haydock Street

Forrestdale WA 6112 Australia