TERMS OF SERVICE ---- OVERVIEW This website is operated by cheaprugsaustralia. Throughout the site, the terms “we”, “us” and “our” refer to cheaprugsaustralia. cheaprugsaustralia 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. SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 - REGISTRATION, ORDER AND CANCELLATION 1. When making an order, you must possess a valid credit or debit card. To place an order, you should follow the given instructions. 2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Website, all charges are in the currency then in force in Australia. 3. You must pay for the Product in full when placing an order by one of the payment methods we provide on the Website. In any event, we shall not be bound to accept the order before we have received the funds in full. 4. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. 5. When you submit an order to the Website, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order. 6. Your order remains valid as an offer until we issue our Confirmation of your order. We shall not be obliged to supply the Product to you until we have accepted your order. We will send you a Confirmation with your order reference number and details of the Product you have ordered. Cheap Rugs Australia reserves the right to decline any order, for any reason (e.g., unavailability of supplies, unusually high freight charges). In this case, we will promptly grant you a store credit or a full refund. 7. Cheap Rugs Australia works to ensure that prices shown on the Website are accurate. In the unlikely event that the price of your order changes or has been displayed incorrectly, we will contact you and ask you to confirm that you wish to proceed at the amended price. 8. If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact Customer service at info@cheaprugsaustralia.com.au However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions. 9. Until the time when we accept your Order, we reserve the right to refuse to process your Order. We will notify you if we are unable to. If we cancel your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. 10. Made to Order Rugs can not be cancelled once your Order has been received by the manufacturer. SECTION 4 - DELIVERY 1. We aim to dispatch the Product to you within the estimated dispatch timeframe. You can find the estimated dispatch time on the Shipping page. We shall aim to notify you if we are unable to meet our estimated dispatch timeframe, but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late dispatch or delivery. Please check our Returns Page for further details. 2. Items will be delivered to the address you provided while placing an order. Items cannot be delivered to a PO Box address. 3. If, for any reason, our shipping partner cannot reach you at the agreed delivery time, we will provide you with the instructions to re-arrange the delivery or a location from which you can collect your item. 4. Upon delivery, you may be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage). 5. Alternatively, if you indicate that you would like to give us the authority to leave the Products at your delivery address in your absence, we will not be liable for any loss or damage to the Products if the Products are recorded as delivered by our shipping partners. SECTION 5 - CHANGE OF MIND RETURNS **Due to the ongoing developments with COVID-19 “Coronavirus” Cheap Rugs Australia is closely monitoring and complying with directions given by the Australian Government. The Government may choose to place further restrictions on business operations, including logistics and warehousing. If and when the Government announces further restrictions on business operations, Cheap Rugs Australia may become unable to process returns throughout this period and reserves the right to reject any Change of Mind returns requests. Damaged or Faulty Return requests will be reviewed once the government restrictions have been lifted. 1. We want you to feel confident when buying on CheapRugsAustralia.com.au. Should you change your mind about a purchase you have made with us, you have the option of returning the Product within 14 days of having received it and can opt for a refund as per our Returns Policy that may deduct restocking and return courier fees. We will require the Product to be unused and in its original condition and packaging for these returns. We reserve the right to reject any returns that do not meet these requirements. 2. Prior to returning your product, please refer to the Returns Page. If you have further questions, you can send an email to info@cheaprugsaustralia. Our team will provide you with all relevant guidelines to proceed with the return (e.g. shipping process). 3. You may also be required to fill in or print out a return form provided by us in order to proceed with the return process. Once we receive the items, we will refund you the amount you paid for the product minus any additional fees stipulated on our Returns Page. 4. Made to order rugs, custom sized products, or underlays are not eligible for change of mind returns. 5. Wool rugs shedding are not considered to be faulty and constitute a change of mind return, making them fall in line with our change of mind terms and conditions. We do not recommend using a power head vacuum on wool rugs. 6. Measurements for rugs can vary by 2-3%. Returns due to size variance are considered to be change of mind returns and thus change of mind terms & conditions apply. SECTION 6 - DAMAGED OR FAULTY RETURNS 1. You need to notify Cheap Rugs Australia as soon as possible in the unlikely event that your item arrives damaged or faulty. Please send an email to info@cheaprugsaustralia.com.au (after which one of our team will contact you), or message us via the chat icon on the website. 2. Damaged or faulty items are required to be in unused and in its original condition and packaging. 3. In order to assist the return process, you may be required to fill in a return form or to send us images of the damage for preliminary assessment. Please do not attempt to return the items before speaking to one of our team. 4. If after the preliminary assessment our team assess and approve the return, our team will contact you to proceed with the return process. Depending on if it is minor or major defect, Cheap Rugs Australia will arrange a replacement or give you a store credit or rebate of part or all of the Product price. 5. If after the preliminary assessment our team decide that the Product needs to be sent back for further examination to ascertain if there is a defect with the Product, our Team will contact you to arrange the return of the Product. You will not be charged for freight or shipping. We will arrange the pickup of the items from you. If the Product is found not to have a defect, you may be required to pay the transport or inspection costs. An estimate of these costs can be provided to you before the Product is collected if requested. 6. It does not constitute a defect, if in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care. SECTION 7 - GIFT CARDS 1. Gift cards should be treated as cash: they are non-refundable, non-exchangeable, and if lost or stolen will not be refunded. 2. Gift cards issued on cheaprugsaustralia.com.au can only be redeemed for products listed oncheaprugsaustralia.com.au, and only shipped to customers in Australia. 3. Discount codes or promotional vouchers do no apply to gift vouchers. 4. Gift cards are valid for 36 months from the date of issue. Any balance remaining on a gift card after the expiry date will not be able to be redeemed by the Gift Card holder. A gift card cannot be re-activated at any time after it has expired. 5. A person may be asked to verify, to the reasonable satisfaction of Cheap Rugs Australia, that they are authorised to redeem a Gift Card on behalf of the original purchaser or the person named in the System. 6. A Gift Card cannot be used to purchase other Gift Cards. 7. A Gift Card holder may be required to provide proof of identity. SECTION 8 - PROMOTIONAL VOUCHERS 1. You may use promotional vouchers as payment for certain Products on the Website. 2. For all promotional vouchers, the following general terms and conditions will apply: a. We may email promotional vouchers to you. We accept no Liability for errors in the email address of the voucher recipient; b. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift or promotional voucher purchase or redemption of that voucher on the Website, we are entitled to close your Account and/or require a different means of payment. c. We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers. Conditions for the Redemption of Promotional Vouchers: 1. From time to time we may release promotional vouchers that may be used on the Website. Promotional vouchers can only be redeemed on the Website in accordance with the special terms and conditions stated on them. 2. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offers (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands or products may be excluded from voucher promotions. 3. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you. 4. The credit of a promotional voucher does not accrue interest nor does it have a cash value. 5. If the credit of a promotional voucher 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 promotional voucher or attempting to rely on any other offer). Please note that only one promotional voucher can be used per order. SECTION 9 - CREDIT CARD FRAUD, PROTECTION AND PREVENTION 1. When you place an order on Cheap Rugs Australia, using one of the payment methods we offer on the Website, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card holder, such as a copy of your credit card and driver licence. This is to ensure a safe and reliable shopping experience and to protect you against fraud. 2. When Cheap Rugs Australia requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team's internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method. These information requests are sent to help protect payment method account holders from online fraud. SECTION 10 - SPECIALS & PROMOTIONS Ad Hoc Discounts and Promotions 1. Cheap Rugs Australia may offer special codes and promotions to certain customers that are separate to site wide sales. These codes could be given through social media channels, advertisements, emails, brand partners or on-site. 2. We reserve the right to refuse order cancellations, where a customer wishes to cancel their order and re-order the same or similar products with a discount. 3. Ad Hoc discounts and promotions only apply to orders which are not returned, if an item is returned from an order, the total value of the order post return will only be eligible for a discount. For example if an order for $1100 is placed, and the 10% discount coupon is applied, and then an item valued $500 is returned from the order, the final order total is $600 and 5% discount would apply to the order instead of the 10% discount level. In this instance, the difference would be taken from the refund of the rug returned. 4. We reserve the right to make a judgement on when we believe a customer is returning a product that they did not intend to keep. SECTION 11 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 12 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 13 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 14 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. SECTION 15 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 16 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 18 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. Click Here To view our Privacy Policy. SECTION 19 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 20 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall cheaprugsaustralia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 22 - INDEMNIFICATION You agree to indemnify, defend and hold harmless cheaprugsaustralia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 23 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 24 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 25 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 26 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. SECTION 27 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 28 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@cheaprugaustralia.com.au