Terms of Service

Introduction and Acceptance of the Terms of Service

Agreement

These Terms of Service apply to you, the Website user and your usage of the Geelong Outdoor Furniture website and associated software, networks and processes, including the purchase of goods or services through the Our Store & Website.
By browsing our Store and/or Website, or placing an Order, you agree to these Terms of Sale as set out below.

Interpretation

In these Terms of Service:
“Agreement” means these terms of sale, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in a Geelong Outdoor Furniture quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product Inshore and on the Website.
“Products” means any items listed in-store or on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL www.geelongoutdoorfurniture.com.au and operated by Geelong Outdoor Furniture, and any associated websites.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

Site Use

The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Geelong Outdoor Furniture will not be responsible for the content or privacy practices associated with linked websites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that your process for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Geelong Outdoor Furniture takes no responsibility for any such damage which may arise in connection with your use of the Website.

Pricing

All prices listed in-store and on the Website are in Australian Dollars, inclusive of GST and applicable taxes unless otherwise specified.
All prices displayed in-store and on the Geelong Outdoor Furniture website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire order.
You agree to pay delivery charges as they are calculated in-store and listed in the Order confirmation at the time of purchase.
Free shipping offers are given at the sole discretion of Geelong Outdoor Furniture and may incur additional charges for delivery to remote areas as defined by Geelong Outdoor Furniture.
Geelong Outdoor Furniture reserves the right to refuse a sale.

Product Specifications

Features, colours, sizes, weights and all other specifications of Products described or depicted in-store and on the Website are approximate, and subject to change without notice. Colour will render differently on a different computer and device screens. Therefore, if you have a specific product colour or size requirement, or any other feature, that is critical to your needs you must advise us of this via email at [email protected], quoting your name and order number.

Orders

You may place an Order in-store or by filling in the Order Form on the Geelong Outdoor Furniture Website and clicking the “confirm” button. When you place your order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms of Sale.
Orders will be deemed to have been received by Geelong Outdoor Furniture at the time Geelong Outdoor Furniture sends an Order confirmation to your nominated email address.
Geelong Outdoor Furniture operates from 39-45 Gordon Avenue. Geelong West, Victoria 3218 and is also an online business and will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
Each Order (once confirmed) represents a separate agreement.
Geelong Outdoor Furniture reserves the right to not accept or to cancel Orders that request commercial quantities of Goods. Alternately, commercial quantities of goods may be purchased by contacting [email protected] or calling the store during regular business hours on 0488-782-928
Geelong Outdoor Furniture, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
In the event of an order canceled by Geelong Outdoor Furniture, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email and/or phone call acknowledgement of the cancellation and refund.
Geelong Outdoor Furniture reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms of Sale.
Geelong Outdoor Furniture accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections, or decline of payment.

Payment

Geelong Outdoor Furniture currently accepts Visa/Mastercard, and Direct Deposit via EFT.
Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
If your nominated payment method triggers Geelong Outdoor Furniture’s internal suspect transaction protocols, Geelong Outdoor Furniture may contact you to confirm additional details or rescind the transaction.

Delivery and ownership of the goods

Geelong Outdoor Furniture tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. This is not uncommon during periods of heavy demand, such as Christmas, Australia day, and Easter. Geelong Outdoor Furniture does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Geelong Outdoor Furniture and is subject to change without notice.
Geelong Outdoor Furniture will not dispatch Goods to PO box addresses or small islands. It is the responsibility of the customer to advise Geelong Outdoor Furniture if they require delivery to an island. A specific delivery quote will be arranged.
Once payment in full has been cleared, including any shipping charges, title and risk in the Goods pass to the customer on signing for delivery of the Goods.
Where a customer gives authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
Our standard delivery offer requires the customer to assist the driver with large items. If you are unable, or unwilling, to provide such assistance, please contact [email protected] prior to proceeding with your order. Assistance can be arranged for you at additional cost.
Where you have agreed a day of delivery with us, and you are not available, or unwilling to accept the goods, you agree to accept any detention, demurrage, return shipping, restocking, and redelivery charges associated with such delays.
Prior to delivery Geelong Outdoor Furniture will liaise with the customer to arrange the most appropriate drop off time and any special requirements related to the order. It is the customer’s responsibility to ahear to this delivery agreement, to ensure no delays or extra delivery related costs incur to the customer.
Any information provided by Geelong Outdoor Furniture to a customer in relation to delivery may be from a third party, and as such Geelong Outdoor Furniture will not guarantee the accuracy of such information.
Should a customer choose to cancel an order, or refuse to accept delivery of an order, after that order has been dispatched, Geelong Outdoor Furniture reserve the right to subtract from any refund the cost of shipping both ways as well as a 15% restocking fee. Please see Refund Policy for more information.
Any requests to delay the despatch of an order, or to change a delivery address other than the address listed on the order, must be made at the time of ordering in the order notes field. We will attempt to accommodate such requests made after order placement, however, this may not be possible. Where such requests incur additional costs the customer agrees to reimburse Geelong Outdoor Furniture in full.

Faulty or damaged goods

Geelong Outdoor Furniture will repair or replace damaged or faulty Goods in accordance with these Terms of Sale.
Where a Good is deemed as faulty within the first 3 days after delivery or is already damaged on delivery, and the customer notifies Geelong Outdoor Furniture of that fault within the first 3 days after delivery, then Geelong Outdoor Furniture will:
(a) Replace or Repair the faulty Good at their sole discretion; or
(b) If Geelong Outdoor Furniture is unable to provide a new replacement, Geelong Outdoor Furniture has the option to offer a full or partial refund depending on the amount of damage to the product.
(c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost.
(d) The 3 Day period will commence on the date that the customer accepts delivery of their Geelong Outdoor Furniture product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
9.3. Where Goods are already damaged on delivery, Geelong Outdoor Furniture requires photographic evidence or footage (whichever is more applicable) of the damage/fault to be emailed to [email protected] before authorising the return of the Goods.
Geelong Outdoor Furniture requires any customer requesting services in accordance with this warranty to provide to comply with directions from Geelong Outdoor Furniture staff in order to facilitate the investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Geelong Outdoor Furniture (where applicable). Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate).
Geelong Outdoor Furniture is not required to provide warranty services in accordance with this warranty unless the customer complies with the previous sub-paragraph, as the absence of suitable descriptions and images will prevent Geelong Outdoor Furniture from investigating the claim.
Geelong Outdoor Furniture reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 9.
Geelong Outdoor Furniture may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.
Products described as ‘not suitable for outdoor use are not warranted against weather damage.

Refunds and returns, including return policy

Other than in accordance with Geelong Outdoor Furniture’s product return guarantee, Geelong Outdoor Furniture does not provide refunds, unless as required by applicable law.
No refunds are available for services where goods are not offered.
Other than in accordance with clause 9, Geelong Outdoor Furniture will only accept the return of Goods that have been supplied incorrectly.
In order to facilitate a return under these Terms of Sale, please email [email protected]
The customer must comply with directions from Geelong Outdoor Furniture staff to facilitate a return.
Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
It is the customer’s responsibility to ensure that returned items are returned safely. Geelong Outdoor Furniture takes no responsibility for items lost in transit.
Where a 30-day return policy applies, the customer is permitted to return goods for a full refund, less the cost of shipping and handling both ways, and a 15% restocking fee, subject to the terms of sale outlined in clause
The 30-day return policy is subject to the following terms of sale:
(a) You are free to return your purchase for up to 7 days from the arrival date (online and instore purchases). All returns are subject to a 15% restocking/administration fee.
(b) Products must be returned in the condition you received them and in the original boxes and/or packaging, and in a condition to allow immediate resale as a first-quality product. Of course, you will want to try them out at your place, and that’s fine. But the majority of the packaging must be intact. Most importantly, your furniture cannot be obviously used.
(c) Once your return is received and inspected by our warehouse, your refund will be processed and a credit will be automatically applied to your credit card or original method of payment within 7 days, less the cost of shipping both ways.
(d) Replacements for the exchange of damaged goods will not be dispatched until the original item has been received at our warehouse.
(e) All shipping costs will be deducted from the refund, including shipping to you, and returned to us.
(f) If you fail to take reasonable care of the goods in returning them to us and this causes damage to or deterioration of the products, we will charge you for the reduction in value, up to 100% of the value of the goods, plus freight cost.
The 7-day return policy specifically excludes special orders, commercial quantities, and custom-made products.

Warranties

Each Product sold by Geelong Outdoor Furniture is covered by a 12-month Geelong Outdoor Furniture Standard Warranty unless otherwise displayed on the product page, where the product is used in a domestic environment. Products used in a commercial environment are covered by a 3-month warranty only. This warranty covers defects in manufacture and materials but specifically excludes:
(a) Damage to the product, howsoever caused
(b) Fading and discolouration of fabric, including mould or mildew. This can occur rapidly if fabrics are left exposed to the elements for long periods.
(c) Damage caused to the product due to abuse, lack of proper maintenance expressly including timber products that have received insufficient weather protection, or using the product in a manner unintended by the manufacturer.
(d) Damage to umbrellas as a result of excessive wind, including where winds have caused the umbrella to fall and sustain damage.
(e) Damage to products as a result of exposure to foreign substances
To the extent permitted by law, the warranties referred to in clause 11.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
Geelong Outdoor Furniture does not guarantee the availability of spare parts for any products sold, however, will utilise its best endeavours to supply spare parts to customers where possible.
Certain legislation may imply warranties or conditions or impose obligations upon Geelong Outdoor Furniture which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms of Sale must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Geelong Outdoor Furniture is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
Where Geelong Outdoor Furniture elects to replace a product for a customer, the remaining warranty period will continue to be calculated from the purchase date of the original product.
Our goods 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 goods fail to be of acceptable quality and the failure does not amount to a major failure.
In accordance with Australian consumer law, warranties for products supplied by local manufacturers are the responsibility of the manufacturer. Geelong Outdoor Furniture will facilitate communication with local manufacturers on behalf of the customer.

Intellectual Property

All Intellectual Property in any Material on the Website is the property of Geelong Outdoor Furniture. Unless expressly authorised under this Agreement or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

Indemnity

You waive, release, discharge and relinquish any and all claims that you have now or may have against Geelong Outdoor Furniture which are connected with, arise out of, relate to or are incidental to the use of the Website.
You agree to indemnify and to keep indemnified Geelong Outdoor Furniture and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Geelong Outdoor Furniture arising out of or in connection with your use of the Website and the use of any Geelong Outdoor Furniture Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).

Liability

To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Geelong Outdoor Furniture (in negligence or otherwise) is limited (at the option of Geelong Outdoor Furniture) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Geelong Outdoor Furniture shall not be held liable for any indirect or consequential loss.
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Geelong Outdoor Furniture (in negligence or otherwise) is limited (at the option of Geelong Outdoor Furniture) to these Terms of Sale and those listed in related Geelong Outdoor Furniture warranties.

Privacy

We gather personal information about our customers for the purposes of:
(a) marketing, supplying or delivering our products to you;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
Geelong Outdoor Furniture is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly because we know that you care how information about you may be used and shared. Geelong Outdoor Furniture will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 15.
In the process of dealing with our customers, we may collect and hold the following types of information:
(a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
(b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
The aforementioned information may be held in electronic records in data storage systems and hard copies which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
We may, from time to time, employ other companies and individuals to perform functions on our behalf. For example, we may retain a third-party repairer to provide warranty repair. In these circumstances, we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us by email at [email protected].

Mobile Terms of Service

The Geelong Outdoor Furniture mobile message service (the “Service”) is operated by Geelong Outdoor Furniture (“Geelong Outdoor Furniture”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Geelong Outdoor Furniture’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Geelong Outdoor Furniture through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Geelong Outdoor Furniture. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to GeelOutdoor or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Geelong Outdoor Furniture mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to GeelOutdoor or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

General

Geelong Outdoor Furniture reserves the right to make changes to the Geelong Outdoor Furniture Website and Order Terms of Sale without notice.
16.2. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
A failure or delay by Geelong Outdoor Furniture to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Geelong Outdoor Furniture does not preclude its future ability to exercise that or any other power or right.