terms & conditions


General

This website is owned and operated by Comfortel Furniture Pty Ltd (“Comfortel” or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to comply with the following Website Terms of Use, our Customer Terms and Conditions and our Privacy Policy (collectively our “Website Conditions”), and any other laws or regulations which apply to this website. In addition, when you purchase any products or services through this website, you will do so subject to the terms and conditions on this page, and as set out in our Online Customer Terms & Conditions, and subject to all our other Website Conditions and such further terms and conditions as may be notified to you. By using this website, you acknowledge that you have read and understood all of the Website Conditions and agree to be bound by them. However, if you do not or cannot accept our Website Conditions in full and without modification, you must stop using our website immediately.
We may revise and update our Website Conditions at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia and New Zealand only. While Comfortel aims to ensure that the information in this website is correct, sometimes errors do occur for which we apologise. Please refer back to these Website Terms of Use from time to time so that you are aware of the current terms and conditions. We do not undertake to keep this website updated.

Warranties

As a condition of your use of this website, you warrant that:

  1. you are part of the professional beauty or hair industry within Australia or New Zealand;
  2. you will use this website only in accordance with these Website Conditions; and
  3. the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely
    to be misled or deceive.

Your use

You may only use this website for lawful purposes. When using this website, you must not:

  1. impersonate any person or entity;
  2. make any fraudulent speculative or false enquiries or bookings;
  3. post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
  4. knowingly transmit any virus or other disabling feature to the website;
  5. interfere with, disrupt, or create an undue burden on the website or the associated systems;
  6. frame or mirror any part of the website without our written approval; or
  7. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

Non-commercial use only

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services.
You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.

Registration

Where you register for any area of this website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you. Comfortel reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way. If you sign into any area of this website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Comfortel account. We therefore advise you to ensure you log out of all services when you have finished using a public computer. Where you access the website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Comfortel account. You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password for your Comfortel account.

Prices

All references to $ and dollars on this website are to Australian currency. Prices are indicative of the current store price in the store closest to the postcode you have provided. Prices available in Australia only. For in store purchases, check pricing with your nearest Comfortel Showroom prior to purchase.

Colours

Reproduction of colours is as accurate as possible, but please note actual colours may vary slightly from what is displayed on your monitor.

Delivery Policy

Delivery dates are estimates only; Comfortel will use its best endeavor to maintain the estimate. Unless prior arrangements have been made, delivery is to ground floor only, inside the main entrance. All goods are packaged for safe transport (including pallets in some cases) – please bear this in mind as our service does not include unpacking or rubbish removal. Some products, especially mirrors and ceramic basins are FRAGILE. It is your (the customer) responsibility to ensure that products received are not damaged. Any claims for damage to fragile items must be made with in 6 HOURS of the time of delivery. Please contact our customer service team on 03 8581 8111 or email us at info@comfortel.com.au and state your web order number. In the event that delivery is delayed or complications arise, Comfortel is not responsible or liable for any for any consequential loss or damages.

Terms of Sale

By placing an order for any goods on our website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

  1. Our Contract

    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

  2. Pricing, Availability & Assembly

    We exercise great caution in trying to avoid errors in pricing and product information. If such mistakes occur, we reserve the right to correct them. We apologise in advance for any inconvenience this may cause. Whilst we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel your order before delivery and you have already paid for the goods, you will receive a full refund. Delivery costs are charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Please note in the event that an item is added to the cart for a value of $0 or $1 and the order is placed, this is an error and the order will not be honoured. Comfortel Furniture reserve the right to change any information on the website at any time.
    Please call your local Comfortel Sales Representative before attending to enquire whether they have the items on display or available. Some items may require self assembly. It may be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

  3. Consequential loss or damages

    While we use our best endeavours to maintain the highest quality of product, delivery and service, Comfortel Furniture is responsible or liable for any for any consequential loss or damages that may arise.

  4. Discount Codes & Promotions

    It may be necessary to make changes to promotions and discount code specifications. We reserve the right to make these changes at any time and without notice.

    1. Account discount codes. Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
    2. Promotional discount codes. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.
    3. Any further conditions of use relating to any discount code or promotion will be specified at the time of issue.

Refund Method

Refunds are issued through the same transaction method used to make the original purchase.

Returns

If for any reason you are not satisfied, please return in original, unmarked condition and packaging within 7 days for a full refund excluding freight and a restocking fee of 20%. Unwanted items must be returned to the following address in full original packaging:

Comfortel Furniture
Customer Returns
10/124-136 Fairbank Road
Clayton South VIC 3169

Please enclose a copy of your tax invoice. Once we receive the returned products, and have contacted you, we will issue your refund.
Before arranging returns, please contact your local showroom or email us at info@comfortel.com.au.

Returning goods if they are faulty

You may be entitled to a replacement or refund for a major failure. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you think that there is a fault with the goods you have received, please let us know within 6 hours by contacting our Customer Service Team. Please include as many details as possible about the order and the problem with the goods. Items will be inspected by our Product Assessments team and if the item is deemed faulty due to manufacturing, we will replace or refund the product free of additional freight & re-stocking charges.

Returning goods if you change your mind

If you change your mind about the goods, the goods returned must be in their original condition, which includes any packaging. Please note exchange or refunds are only processed upon receipt of goods back into our warehouse and a restocking fee of 20% of the original purchase price will be deducted from your exchange or refund.

Product Warranty

Comfortel Furniture provides a 12 month warranty for products that have been purchased in Australia. This warranty is subject to the Australian Competition and Consumer Act 2010 (Australian Consumer Law). The benefits provided in this warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this warranty relates. The warranty period commences from the date that goods are received for a period of 12 months. This warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This warranty is not transferable. Warranty does not apply to goods that have been altered by the user in any way. If a replacement due to a warranty claim is necessary, replacement goods can be shipped to an Australian address only.

Advice and technical information

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Comfortel in relation to any products is given in good faith and is believed by Comfortel to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Comfortel in relation to any products supplied by Comfortel is approximate only.

Liability of Comfortel

Your use of this website or any information on this website is entirely at your own risk. Comfortel makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. Comfortel expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Comfortel of those internet sites, nor does Comfortel make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. Comfortel expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Comfortel is not liable to you or anyone else for any:

  • decision, action or inaction taken in reliance on the information in, or connected with, this site;
  • losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory,
  • exemplary or consequential damages in connection with this website;
  • your use or misuse of this website or any information or material contained in this website;
  • the loss or modification of information or material transmitted from this website;
  • any defect, technical problem or virus attached to or arising from this website or the server;
  • any injury or illness you or any other person sustains as a result of using this website;
  • the products displayed being unavailable at any time;
  • your inability to access or use the website or any material on the website;
  • the loss of confidentiality in any information or material transmitted to or from the website.

To the maximum extent permitted by law (including the Australian Consumer Law), Comfortel does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

Privacy

Comfortel is bound by the Privacy Act 1988 and the National Privacy Principles set by the Federal Privacy Commissioner. Comfortel’s Privacy Policy outlines how and when personal information is collected, stored and distributed by Comfortel. You can review our Privacy Policy here.

Copyright

This website and its contents are the property of Comfortel and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of Comfortel.

Intellectual property and trademarks

Comfortel is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Comfortel in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of Comfortel’s intellectual property is prohibited without the prior written permission of Comfortel. Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.

Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Comfortel makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as cannot be excluded under applicable laws. To the fullest extent permitted by law (including the Australian Consumer Law) Comfortel, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this web site.

Overseas access

This website may be accessed in Australia and throughout the world. Comfortel makes no offer in or by this website to sell any product or service in any country outside Australia and no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.

Variation

Comfortel shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Complaints

We operate a complaints handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Comfortel.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Comfortel.

Copyright 2015-17. Comfortel Furniture Pty Ltd.