(1) Last updated on 19th May 2017

(2) Your purchase of goods from yarnandloomrugs.com.au (ABN: 12 906 645 710)  is subject to these Terms and Conditions of Sale (“Terms”).  If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(3) You and Yarn and Loom Rugs may enter into a sale contract for the sale and supply of products, by you making an offer to Yarn and Loom Rugs via the website, to purchase goods at the specified price, subject to these Terms.

User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us.

Guests and Registered Users

(1) You may access and/or use the website as a guest or as a member.

(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacing us

(3) You will receive an email from us as soon as practicable after you create your membership account.

(4) We only permit one registration per email address.

(5) You must not use another members’ account without permission.

(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us

(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with Yarn & Loom in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and Yarn & Loom for the supply of products.

(3) Yarn and Loom Rugs reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Yarn and Loom Rugs may suffer as a result of a transaction entered into by a minor.

Orders

(1) You and Yarn and Loom Rugs may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Yarn and Loom Rugs

(2) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) Yarn and Loom Rugs receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(3) You acknowledge that:

(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Yarn and Loom Rugs for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, Yarn and Loom Rugs is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Yarn and Loom Rugs may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Yarn and Loom Rugs may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(4) You will receive an email from Yarn and Loom Rugs as soon as practical after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us

(5) If your Order is not accepted by Yarn and Loom Rugs, Yarn and Loom Rugs will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(6) Yarn and Loom Rugs may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(7) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Yarn & Loom cannot supply a particular product, Yarn and Loom Rugs will notify you by telephone or email as soon as possible.  

(8) Yarn and Loom Rugs will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices include delivery and handling charges. Prices are subject to change.  A surcharge may be required for delivery to regional or remote locations, whereby the regional or remote location is deemed by contracted courier companies (Fedex, TNT, DHL, Toll).  The price displayed does not consider a regional or remote delivery surcharge.  Please contact us, to confirm if your location is deemed as regional or remote.

(2) Images of products shown without any advertised price (or a $0 price listing) beside that image are not offered for sale.

(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(4) We reserve the right to correct any errors published on the website.

Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Yarn and Loom Rugs, Yarn and Loom Rugs will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. Yarn and Loom Rugs will endeavour to deliver your Order to you within fifteen (15) business days of the date you placed your Order.

(3) You agree that your Order for any item may take up to fifteen (15) business days to be delivered to you from the date you placed your Order. This timeframe is the average time required to dispatch your item direct from our suppliers.

      If for whatever reason that is likely to be exceeded we will notify you of the expected delay time.

      Any given lead time must be treated as approximate and does not form part of any contract.

(4) Delivery times may be greater than 15 business days for regional or remote areas.

(5) As all products are delivered by courier, a signature will be required upon delivery.

Special Order Items

(1) Yarn and Loom Rugs require a 50% non-refundable deposit on all special order items

(2) Yarn and Loom Rugs is unable to cancel your order once the request for manufacture has been made

(3) Final payment is required prior to dispatch of the item from our manufacturer

(4) Returns and refunds are unavailable for special order items.

(5) The standard delivery time is not available and an estimated delivery date will be provided with the quote.

Returns and Refunds

 

(1) All rug sales through Yarn and Loom Rugs are final and "non-refundable".  

(2) In addition, the images Yarn and Loom Rugs display have the most accurate colour possible. Due to differences in computer monitors, Yarn and Loom Rugs cannot be responsible for variations in colour between the actual product and your screen. Please be advised that in some cases patterns and colours may vary according to size. Lengths and widths may vary from the published dimensions. Yarn and Loom Rugs do our best to provide you with an accurate measurement, but please be advised that some variation exists and this is not a manufacturing defect.  Yarn and Loom Rugs will not offer a refund based on differences in colour, pattern or size.

 

Manufacturers Defects

All products are covered by a 6 months manufacturers warranty, by which the product will be replaced with the same product, should a manufacturers defect be determined.

The following are not considered defects or covered by warranty:

(1) Sprouting - Occasional sprouting, pulls, or loss of single tufts of fiber is normal. Simply trim the tuft with sharp shears and vacuum.

(2) Shedding - Shedding is normal for new rugs, especially those with cut piles, and will decrease significantly with routine cleaning.  In addition, small filaments of yarn that dislodge and gather on the carpet surface, especially in busy areas, may cause piling and shedding, and this will also minimize with regular vacuuming.

(2) Fading - Exposure to sunlight, humidity, heat, oxides and other atmospheric gases may cause colour changes.

(3) Creasing - Roll marks are caused by rolling the rug for shipment, but will normally disappear with routine vacuuming. Rolling the rug for shipping can cause seam peaking. Carefully rolling your rug in the opposite direction will minimize this problem, and it should disappear after a few weeks.

(4) Wear and Tear - We do not cover tears, burns, cuts, pulls, or other damage, deterioration, stain, loss of colour or appearance caused by abuse, animals or improper or inadequate maintenance.

(5) Any vacuuming performed with a beater bar will void the manufacturer's warranty.

(6) Any products placed in use on stairs, ramps, or any area regularly subjected to wheeled or rolling apparatuses or used in a commercial application.

Order Cancellations

(1) Yarn and Loom Rugs is unable to cancel your order once the item has been dispatched from our warehouse or supplier.

 

About this website

Your use of yarnandloomrugs.com.au (ABN: 12 906 645 710) is subject to these terms of use (“Terms of Use”). If you do not accept these Terms of Use, you must refrain from using this website or making a purchase from the website.

Website Content

(1) Yarn and Loom Rugs may, at any time, add or remove content from this website without notice.

(2) Any articles, information or content published on this website must be read subject to these Terms of Use.

(3) Although Yarn and Loom Rugs uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Yarn and Loom Rugs cannot be held responsible for inaccuracies or errors caused by incorrect information supplied by manufacturers or suppliers changing product specifications without notice to Yarn and Loom Rugs. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

(4) The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

(5) Yarn & Loom nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Yarn & Loom liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

Your Use of the Website

(1) You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.

(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

(4) Yarn and Loom Rugs may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

(5) Yarn and Loom Rugs may in its sole discretion restrict your access to this website. If Yarn and Loom Rugs does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Yarn and Loom Rugs will not be liable to you or any third party for doing so.

(6) As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

(7) Yarn and Loom Rugs may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, Yarn and Loom Rugs may withdraw this website, or change or remove website functionality at any time without notice to you.

Links to Other Websites

(1) This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Yarn and Loom Rugs control and Yarn and Loom Rugs is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Yarn and Loom Rugs provides these links to you for convenience only and the inclusion of any link does not imply Yarn and Loom Rugs endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Yarn and Loom Rugs disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

(2) Yarn and Loom Rugs reserves the right to prevent third parties from linking to this website.

Secure Data and Transmissions

(1) Given the nature of the internet, Yarn and Loom Rugs cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Yarn and Loom Rugs does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Yarn and Loom Rugs and its third parties take precautions to protect information, Yarn and Loom Rugs does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Yarn and Loom Rugs receives your transmission, Yarn and Loom Rugs will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us mmediately.

(2) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, Yarn and Loom Rugs will not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

Cookies

(1) Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

Use of Your Information and Material

(1) Yarn and Loom Rugs appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Yarn and Loom Rugs. Yarn and Loom Rugs may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Privacy Policy

(1) Yarn and Loom Rugs Privacy Policy is available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

Disclaimer

(1) Yarn and Loom Rugs make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.

(2) Yarn and Loom Rugs do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Yarn and Loom Rugs disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

(3) The use of the information on this website is at your own risk. To the extent permitted by law, Yarn and Loom Rugs exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Yarn and Loom Rugs limit their liability to the re-supply of the relevant information or services.

(4) You agree to indemnify Yarn and Loom Rugs and any other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Governing Law and Jurisdiction

(1) These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Yarn and Loom Rugs makes no representations that the content of this website complies with the laws of any country outside Australia.

 General

(1) These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).