Terms of Sale

Effective 11 October 2021

1. Definitions and interpretation

1.1 Definitions

In these terms and conditions of sale (Terms), unless the context clearly indicates otherwise:

Company means The Wooden Koutali Pty Ltd (ABN 99 167 843 183) or such other the Company of the Goods whose details are set out in the invoice.

Customer means the purchaser of the Goods, whose details are set out in the invoice.

Goods means the Goods and, if any, services specified in the invoice.

Website means www.thewoodenkoutali.com

1.2 Interpretation

In these Terms, ‘you’ and ‘your’ refers to the Customer and ‘us’ ‘we’ or ‘our’ refers to the Company.

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

2. General

These conditions (which will only be waived in writing signed by the Company and Customer) will prevail over all conditions of the Customer’s order, to the extent of any inconsistency.

3. Terms of sale

The Goods and all other Goods sold by the Company are sold subject to these terms and conditions.

4. Placing an order and its Acceptance

1. Please follow the website prompts to place an order. Each order is an offer by you to buy the Goods subject to these Terms.
2. The Company will send to you a confirmation email (‘Order Confirmation’) detailing the Goods you have ordered. Please note this does not mean that your order has been accepted by us.
3. Our acceptance of your order will take place when we dispatch your order and have successfully processed your payment. If we are unable to accept your order, or the order is cancelled in accordance with these Terms, we will inform you of this by email and will not process your order. If you have already paid for the Goods, we will refund you the full amount.
4. Non-acceptance of your order may be due to one of the following reasons:
   1. the Goods ordered are unavailable from stock ;
   2. the Company was unable to obtain authorisation for your payment; or
   3. there was a pricing or product description error.

4.1 Order cancellation

No order may be cancelled by the Customer except with the written consent of the Company.

5. Price

1. The price of the Goods is the price specified in the Order Confirmation.
2. Unless otherwise stated all prices quoted by the Company are inclusive of Goods and Services Tax (GST).
3. All applicable custom fees, taxes and duties are the sole responsibility of the Customer. Custom authorities may require that we state the value of your order directly on your package. It is at the sole discretion of custom agents to release your package. Note, in rare occasions custom agents may delay delivery of some packages.

6. Delivery

1. Orders can be delivered to both Australian and international postal addresses.
2. Delivery within Australia will be made by Australia Post or another nominated parcel delivery company. Delivery outside of Australia will be with Australia Post and their international counterparts.
3. The place of delivery of the Goods will be the address specified in the Order Confirmation, unless otherwise agreed, in writing, between the Company and the Customer.
4. The delivery times made known to the Customer are estimates only and the Company is not liable for late delivery or non-delivery.
5. To the extent permissible by law, the Company will not be liable for any loss, damage or delay occasioned to the Customer arising from late or non-delivery of the Goods.
6. The Company may at its option deliver the Goods to the Customer in any number of instalments.
7. If the Company delivers any of the Goods by instalments, and any one of those instalments is defective for any reason does not constitute a repudiation of the contract of sale formed by these Term.
8. If there is no-one available at the delivery address to accept delivery, or there is limited access to the delivery address or it is unsafe or impractical to make delivery, a calling card may be left for the Customer to collect the Goods from a local Australia Post office. It is the Customer’s responsibility to follow the instructions stated on the calling card.

7. Loss or damage in transit

The Company is not responsible to the Customer or any person claiming through the Customer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Company is legally responsible for the actions of that person).

8. Risk and title

• Risk and title to any Goods supplied to the Customer passes to the Customer on delivery.
• The Customer is responsible for inspecting the package carefully and must notify the Company of any actual or suspected damage in transit to the Goods as soon as reasonably practicable and in any event no later than within two business days of delivery.
• If the Customer does not notify the Company of any damage to goods within this time frame, or is unable to provide the Company with photographic evidence to support the Customer’s claim, the Goods will be deemed to have been delivered intact and without transit damage, subject always to any rights under Australian Consumer Law.

9. Liability

1. The Company’s liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Company’s option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:
   1. the defects have arisen solely from faulty materials or workmanship; and
   2. the Goods have not received maltreatment, inattention or interference;
2. To the extent permitted by law, the Company’s liability for any defects in Goods is limited strictly (at the election of the Company) to: (a) the replacement of defective Goods (or parts) ; (b) the repair of the defective Goods (or parts); or refund of the amount paid in respect of the Goods (or parts), subject to and in accordance with these Terms.
3. Except as provided in these Terms, to the extent permitted by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Company is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Company’s negligence or in any way.

10. Consumer guarantees

The Company’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Australian Consumer Law is limited to:

1. in the case of Goods, any one or more of:
   1. the replacement of the Goods or the supply of equivalent goods;
   2. the repair of the Goods;
   3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
   4. the payment of the cost of having the Goods repaired.

11. Indemnification of suppliers by manufacturers

The Company’s liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the purchaser an amount equal to:

1. the cost of replacing the Goods;
2. the cost of obtaining equivalent goods; or
3. the cost of having the Goods repaired,

whichever is the lowest amount.

12. Returned Goods

1. The Customer acknowledges that due to health and hygiene reasons, the Company does not offer an exchange or refund for change of mind. This includes situations where you decide you no longer like the Goods or no longer have a use for it.
2. Personalised Goods cannot be returned or exchanged.
3. If the Customer’s Goods arrive faulty or damaged, please contact our customer service team via our website chat or alternatively by email at [email protected] within 2 business days of receiving the Goods.
4. The Goods will be assessed by the Company on a case by case basis and if it is deemed faulty or damaged, we will provide you with an exchange, store credit or refund. Refunds will be processed according to your original method of payment.
5. If the Company deems your product to be faulty or damaged in transit,  then the Customer acknowledges and agrees that;
   1. it will be responsible for all shipping & re-shipping charges for any exchanges; and
   2. it will incur the loss for packages lost in transit.

13. Product specifications

1. Stock availability will be shown on the Website, and whilst we endeavour to ensure products are always available, there may be times when products will be temporarily out of stock. In these instances, the Customer has the option of placing a back order or to be notified via email when the product is back in stock.
2. The Customer acknowledges that timber is a natural resource and that every piece is unique. In light of this, the Customer agrees that:
   1. all pictures and images of Goods displayed on the Website are for illustration purposes only;
   2. you have read any corresponding written description of the Goods prior to submitting an order;
   3. the colour of Goods as shown on the Website may vary in shade from the actual product (for example, some Goods may appear darker or lighter in colour with different grains and / or natural shapes to them);
   4. any dimensions and weights provided in the description of a product, are approximate only and may vary slightly from board to board (due to different parts of the tree vary in weight); and
   5. any accessory featured with the Product is for illustration purposes only.

14. Goods sold

All Goods to be supplied by the Company to the Customer are as described on the purchase order agreed by the Company and the Customer and the description on such purchase order as so agreed prevails over all governing law.

15. General

Each of the Company and the Customer agree that:

1. (governing law and jurisdiction) These terms and conditions (and/or any contract under them) shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland.
2. (notices) each of them will send all notices relating to this agreement and/or any contract to the other party at the address details give by that party at the time an order is placed or such other address as a party may nominate from time to time in writing.
3. (disputes) they will not bring any court proceedings relating to this Contract (except urgent interlocutory proceedings) without first attempting to resolve the dispute by negotiation.
4. (variation) this agreement and/or any contract may only be varied by written agreement of authorised representatives of the parties.
5. (entire agreement) these terms and conditions set out all the rights and obligations of the Company and the Customer relating to the subject matter of them, and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in this document. Unless expressly contemplated by these terms and conditions, no other terms apply.
6. (severability) if any part of these terms and conditions (and/or any contract under them) is invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable part of these terms and conditions (and/or the contract, as the case requires) (and any parts of the terms and conditions and/or contract which are dependent on those parts) will not apply but the other parts of them will not be affected.
7. (waiver) clauses and rights in these terms and conditions (and/or any contract) can only be waived in writing signed by the waiving party. Failure or delay of a party in exercising a right under these terms and conditions (and/or any contract) does not waive the party’s rights. A waiver will only waive the particular rights in the particular circumstances and will not waive any other rights, or the same rights in other circumstances.
8. (relationship) their relationship is of principal and contractor. These terms and conditions (and/or any contract) does not create any partnership, joint venture or employment relationship.
9. (exclude implied terms) that the Sale of Goods (Vienna Convention) Act 1986 (Qld) does not apply, to the extent that the parties are permitted by Law to exclude it.
10. (survival) those provisions intended to survive termination or expiry, including (without limitation) any indemnity or release by the Customer, shall survive termination or expiry of any contract under these terms and conditions for any reason.