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ONLINE

As a valued customer of Space, we would like you to be familiar with our trading terms, to ensure that your Space experience is a satisfying one.  Please feel free to speak with one of our sales consultants if you have any further questions.

1.     About Space

(1) Your purchase of goods from www.spacefurniture.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Contemporary Design Group Pty Ltd ABN 82 136 665 391 (trading as "Space Furniture"), and its related bodies including KARTELL, of 84 O'Riordan Street, Alexandria New South Wales (“us”, “our”, “we”, “Space”), carries on business from the website.

(3) The goods and services described in this website are available from Space Australia only.

(4) You and Space may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Space via the website, to purchase the goods and services at the specified price, subject to these Terms.

(5) The Space logo and words are registered trademarks of Harvey Norman Retailing Pty Ltd and used under a limited license by Space.

(6) In these terms:

(a)    “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;

(b)   reference to a “third party” in these terms includes a reference to any agent or contractor of Space or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;

(c)    a reference to the "website" means www.spacefurniture.com.au;

(d)   "Order" means an offer made by you in response to an invitation to treat made by Space via the website.

2.      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 or our third party.

3.      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 contacting us at info@spacefurniture.com.au

(3) You will receive an email from us as soon as practical 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 at info@spacefurniture.com.au.

(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.

4.      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:

(a)  are over the age of eighteen (18) years;

(b)  accept these terms;

(c)  agree that you have entered into a legal contract with Space in relation to these terms; and

(d) these terms, together with your order, constitute the entire agreement between you and Space for the supply of products.

(3) Space 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 Space may suffer as a result of a transaction entered into by a minor.

5.     Orders

(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.

(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.

(4) Representations of products for sale made by Space via the website do not constitute an offer to sell but an invitation to treat.

(5) You and Space 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:

(a)    placing an electronic Order for the products using the website;

(b)    you confirming the Order details in accordance with the procedure on the website;

(c)     you making payment in full (plus any applicable delivery charges) on the website; and

(d)    the acceptance of that offer by Space.

(6) 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:

(a)    any requirements set out in these terms have been met;

(b)    the electronic instruction containing the offer from you enters and is recorded in our database;

(c)     a record is created and stored in our database; and

(d)    Space 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.

(5) You acknowledge that:

(a)    the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Space 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;

(b)    to the extent permitted by law, Space 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;

(c)     Space may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(d)    Space 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.

(6) You will receive an email from Space as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at onlineorders@spacefurniture.com.au.

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

(8) Space 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.

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

(10) Space 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 fulfillment of your Order.

6.      Gift Cards

Space is unable to accept a Space Gift Card as a payment option for any online Order. However If you do have a Space Gift Card you wish to use please contact us at onlinesales@spacefurniture.com.au and we will be happy to assist you further.

Download our Gift Card terms and conditions.

7.      Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.

(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Space.

(3) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact the showroom for purchase of these products.

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

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

8.      Payment

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

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

9.      Supply and Delivery 

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

(2) Products may not be available for immediate delivery. Space will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not In stock may take up to twelve (12) to fourteen (14) weeks to be delivered to you from the date you place your order. This timeframe is the average manufacturing lead time required by suppliers. Space will contact you on receipt of your Order to notify you of the indicative delivery date.

(3) Other than in respect of Orders for furniture, or deliveries to regional or remote areas, if Space gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Space will arrange for a full refund of any payment made by you to be processed.

(4) Delivery times may be greater than 10 business days for regional or remote areas.

(5)  Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.

(6)  Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, the invoice must then be paid in full. In addition, a storage fee of $500 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are payable prior to final delivery.

(7)  If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.

(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Space's premises.

10.    Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On acceptance of your Order by Space, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.

(4) If you Order large or bulky items, Space will contact you by telephone or email to arrange with you a suitable time for delivery.

(5) You will be required to be available in person to accept delivery of your Order.

(6) If you wish to change the delivery date or delivery address you must contact us at onlineorders@spacefurniture.com.au at least 48 hours prior to the dispatch of your Order.

(7) Space will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however Space does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(8) You must advise at the time you place your Order via the website or later when you discuss delivery with Space, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.  Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.

(9) Space reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.

(10) Space cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

(11) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.

11.    Orders for Collection at a Space Store

(1) The terms of this clause apply where you select to collect your Order from a Space Store.

(2) If you select to collect your goods from a Space Store, a representative of the relevant Space Store will contact you by telephone or email to notify you when the Order is available for collection.

(3) Orders for collection at a Space Store must be collected within 21 days of the relevant Space Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Space Store has the right to allocate those goods to another customer and reorder the goods for you.

12.    Title and risk in goods 

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

13.    PayPal and credit card fraud

(1) The website employs the latest in Secure Sockets Layer technology from Comodo, TNS and PayPal secure payment gateway to secure our payment systems.

(2) To the extent permitted by law, each of Space, Space and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

14.    Disclaimer and Indemnity

(1) To the extent permitted by law, each of Space and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(c) personal injury or property damage of any kind resulting from your access or use of the website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Space and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Space and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

15.    Order Enquiries

If you have any query about the progress of your Order please contact us at onlineorders@spacefurniture.com.au. Please have your Order number handy as shown on the email confirmation.

16.    Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a) rights under the Refund Policy;

(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2) Please choose carefully as Space will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

(3) If your Order arrives damaged, please submit a claim online at spacefurniture.com.au/warranty-claim.html or if you have placed your Order online please email onlineorders@spacefurniture.com.au.

(4)  In case of damaged goods, please refer to the Space Care Manual for an outline of our warranty policy. This document is available in-store or here .

(5) Space will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to Space.  Space will not accept responsibility for the suitability or strength of fabrics supplied on a customer's own material or customer's own leather basis which is specified by the customer or their agent.

17.    Privacy and Personal Information

(1) Our Privacy Policy 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).

(2) The privacy of your personal information is important to Space.

(3) Space and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at info@spacefurniture.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Online payments are handled by TNS and Paypal. Space does not store your credit card or banking details. Please check the www.tnsi.com and paypal.com.au websites for details of their privacy policies and security measures.

(6) Space, its related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Space and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Space thinks may be of interest to you. If you would prefer not to receive promotional or other material from Space or its third parties, please let us know and Space will respect your request. You also agree that Space may contact you by telephone to arrange delivery or collection of your Order.

(7) You may request Space to remove your personal information from its database by emailing us at info@spacefurniture.com.au.

(8) For further details about Space’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us at info@spacefurniture.com.au or the Privacy Officer at privacy@spacefurniture.com.au.

18.    Force Majeure

Space will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

19.    Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Space makes no representations that the content of the website complies with the laws of any country outside Australia.

20. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Space.

21.    Transfer and Assignment

If Space merges, sells or otherwise change control of its business or this website to a third-party, Space reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Space has collected from you and any agreements it has made with you.

22.    Waiver

The failure by Space to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Space.


IN-STORE

As a valued customer of Space Furniture, we would like to familiarise you with the process of dealing with us, to ensure that your Space experience is a satisfying one. Please feel free to speak with one of our sales consultants if you have any further questions.

1. Ordering your products

Once an order has been accepted, no cancellation of that order is valid unless you receive our written communication endorsing the cancelled order. Your deposit is NOT REFUNDABLE and a store credit will remain available only if the goods ordered specifically for you have not been manufactured.

2. Paying for your products

We require a deposit equal to 50% of the total value of the products ordered before we can begin arrangements for the manufacture or supply of the products to you. The balance of the invoice is payable prior to delivery.

3. Delivery of your products

Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers. Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, the invoice must then be paid in full. In addition, a storage fee of $500 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are payable prior to final delivery. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs. You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the products. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply. We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the products delivered on the same condition as set out herein. At any point in time, a 50% deposit must be maintained for all undelivered goods. Failure to deliver all the products you have ordered shall not invalidate the contract as regards any part deliveries. All products will remain the property of Space Furniture until payment is received in full and delivered from Space Furniture’s premises. Should you be arranging your own delivery then the goods become your responsibility upon collection from Space Furniture’s premises.

4. Inspection of your products

You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. We will not be liable for any damage to any of the products unless we are notified within the time period specified above.

5. Your right to return products

Unless goods are faulty, and we are duly notified as outlined above, we are unable to refund, exchange or credit your account. In case of damaged goods, please see our Warranty document for an outline of our warranty policy. This document is available in-store.

6. Our liability

We will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to us. Further we will not accept responsibility for the suitability or strength of fabrics supplies on a “customers’ own material or customers’ own leather” basis which is specified by the purchaser or his agent. Nothing in the contract will limit or exclude our liability for death or personal injury caused by our negligence or for fraud. If you are a consumer, then nothing in these terms and conditions will affect your statutory rights.

7. Personal Information

Your address and contact details may be used by Space and Space subsidiaries to provide marketing information to you about our products and events. Please refer to our privacy statement at www.spacefurniture.com for more information.


SPACE CONTRACT

We require that your order include written acceptance of our quotation. Should you be acting as a third party on behalf of a client, it is the third party’s responsibility to ensure the client has read and accepted these Terms and Conditions.

1   Ordering your products

Your order will be accepted upon receiving your 50% deposit and purchase order.Upon receiving the 50% deposit and purchase order, you automatically accept Space Furniture’s Terms and Conditions.No cancellation of that order is valid unless you receive written communication from us endorsing the cancelled order. In the event the order is cancelled the deposit is NON REFUNDABLE.Where production of the goods has commenced at the time of cancellation the client shall be liable for the payment of the costs of production plus any costs arising as a result of cancelling the order.

2   Paying for your products

You will be contacted by our Warehouse to coordinate a delivery date/time and you will be required to pay the remaining 50% balance owing on your order prior to delivery.

A 3% surcharge applies on all American Express payments (including deposit payments).

3   Delivery of your products

Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers. Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, the invoice must then be paid in full. In addition, storage fees are chargeable as follows:

- 2% per week on the total value of your order

- Storage fees are invoiced weekly and are payable weekly

If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.

You are responsible for ensuring that there is adequate access and entry to your premises to facilitate delivery of the products. Any additional costs in relation to access into your premises, eg, crane, product modification, are your responsibility. We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the products delivered on the same condition as set out herein. At any point in time, a 50% deposit must be maintained for all undelivered goods. Failure to deliver all the products you have ordered shall not invalidate the contract with regards to any part deliveries.

All products will remain the property of Space Furniture until payment is received in full and delivered from Space Furniture’s premises.Should you be arranging your own delivery then the goods become your responsibility upon collection from Space Furniture’s premises.

4   Inspection of your products

You are required to inspect your products at the point of delivery. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. We will not be liable for any damage to any of the products unless we are notified within the time period specified above.

5   Your right to return products

Unless goods are faulty, and we are duly notified as outlined above, we are unable to refund, exchange or credit your account.

6   Warranty

"A standard warranty period of 24 months is applicable for SPACE Furniture product. Any claim against us for the"

the breach of warranty must be made within the period of 24 months from the date of delivery of your products. Any such claim must also be made within one month of discovering or learning of the alleged defect. You will not be entitled to make any claim against us in respect of breach of any warranty or condition unless the claim is made within the relevant period set above. In the event that a product is proven to be defective, you are entitled to the restoration of the goods through repair or replacement, whichever is mutually decided as being the most efficient and effective remedy. It should also be noted that warranty does not cover: any breakage caused by negligent and/or improper use of the goods, changes caused by normal wear and tear, any damage caused by lack of and/or erroneous maintenance, any damage due to an accident or force, chromatic variations in wooden and varnished parts due to the normal ageing of the finish. It should also be noted that coverings such as leather and fabric have very specific and limited warranties; ‘coverings’ do not fall under the warranty terms listed above.

7   Our liability

Space Furniture will not be responsible for ensuring that the products are suitable for a particular purpose. Further we will not accept responsibility for the suitability or strength of fabrics supplied on a “customers’ own material or customers’ own leather” basis which is not supplied by Space Furniture.

8   Personal Information

Your address and contact details may be used by Space Furniture and Space Furniture subsidiaries to provide marketing information to you about our products and events. Please refer to our privacy statement at www.spacefurniture.com for more information.

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