Zouk - Terms & Conditions

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Terms & Conditions

These Terms and Conditions apply to accepting Goods and participating in Services delivered by Zouk Design Galleries – operated by Zouk Design Pty Ltd (ABN: 42 129 181 120).

1. The Agreement

1.1 An Agreement exists between the Customer and Zouk Design Pty Ltd (T/A Zouk Design Galleries) for the purchase of the Good(s) by the Customer from Zouk Design Galleries once Zouk Design Galleries accepts an Order by way of order confirmation.

1.2 Each order is its own agreement.

1.3 The Customer acknowledges and agrees to be bound to the Conditions outlined in this document.

2. Order

2.1 The Customer will begin placing an Order with Zouk Design Galleries by either:

(a) Selecting the Good(s) from a product list on the website using the Shopping Cart interface,

(b) In writing by fax or email.

2.2 For an Order to be accepted and confirmed by Zouk Design Galleries, monies transferred to Zouk Design Galleries must be received.

2.3 Zouk Design Galleries do not accept orders for shipment outside of Australia.

2.4 Orders and deposits once placed with Zouk Design Galleries are non-cancellable and non-refundable except as detailed in Section 6 “Refund Policy”. For complete details refer to Section 6 “Refund Policy”.

2.5 If the Customer does not advise Zouk Design Galleries that they do not wish to proceed with their order due to lead times confirmed as “Projected Delivery Date” on a Zouk Design Galleries order confirmation within 5 days, then the order will be taken as having been accepted.

3. Pricing

3.1 All prices listed on the website are in Australian Dollars ($AUD) and inclusive of all taxes. Zouk Design Galleries reserve the right to alter prices without notice.

3.2 Any change in prices by Zouk Design Galleries will not be applicable to confirmed orders.

3.3 Delivery charges are additional to product prices and are shown or advised separately.

4. Payments

4.1 The Customer shall pay for all shipping and handling charges.

4.2 Payment must be made in full to Zouk Design Galleries and all funds must be received prior to the delivery of the Good(s).

4.3 Payment to be made using Paypal

5. Delivery, Receiving and Inspection/Unpacking Good(s)

The correct delivery, correct receipt process and inspection/unpacking of our good(s) are very important steps to us to ensure your total satisfaction. Our packaging is designed to protect our good(s) every step of the way from the manufacturer's factory to your home in Australia.

It is important that the instructions are strictly followed when receiving the good(s) and also in the inspection/unpacking process.

5.1 The Good(s) will be delivered to the specified address on the Order between normal business hours (Monday - Friday, 9am - 5pm). If the Customer is not at home between those hours, an alternative work address to be given. Additional delivery visit if required, may incur extra charges.

5.2 Customer to inspect their good/s upon receipt and contact Zouk Design Galleries with any damage/fault within 5 working days. For complete details refer to Section 6 “Refund Policy”.

6. Refund Policy

6.1 Once an Order has been received, confirmed and fully paid for, we will take it that the customer wishes to proceed with the order. The goods ordered will be allocated to the customer and our regular sales process will proceed to ensure the goods are delivered to the customer in good order.

Order(s) are non-cancellable and non-refundable following a period of 48 hours of receipt of the order by Zouk Design Galleries. Notice of cancellation will only be accepted in writing by mail, fax or email within 48 hours. For the purposes of clarity, Zouk Design Galleries will acknowledge cancellations in writing and confirm refund details. No refund will be given for “Change of Mind” after 48 hours subject to the extent permitted by law.

Following receipt of the order our customer service team will contact the customer and provide a delivery date. If the Customer does not advise Zouk Design Galleries in writing within 5 days that they do not wish to proceed with the order due to the projected delivery dates advised on the Order Confirmation, then the order will be taken as having been accepted.

6.2 If, for reasons beyond our control a particular model ordered is not available due to change of model, production timing or other supply related issues then the customer will be entitled to a full refund.

7. Title to the Good(s)

Title in the Good(s) shall pass from Zouk Design Galleries to the Customer when payment in full has been received by Zouk Design Galleries and full acceptance of the delivery of the Good(s) by customer at the Delivery Address.

8. Product Range and Availability

8.1 Good(s) are subject to changes from time to time due to production, scheduling, specifications, availability and shipping as advised by the manufacturer. Zouk Design Galleries reserves the right to make changes without notice. (Refer to section 10 for details of Warranty Policy).

8.2 All Good(s) are subject to availability and a delay in delivery to the Customer may occur. Zouk Design Galleries will undertake to deliver the Good(s) at the earliest possible time. Following initial order Customer will be quoted a projected delivery date by our Customer Service Team. (Refer to Section 6 for details of Refund Policy).

9. Warranty

9.1 Customer Obligation: The Customer is required to follow all standard instructions and procedures as specified in this document, manufacturer's Instruction Manual and any other relevant documents provided. Failure to follow these procedures and instructions as provided may void Zouk Design Galleries Warranty provisions.

9.2 Zouk Design Galleries will always attempt to be as accurate and specific as possible about the description of the goods but we are unable to warrant the product description as being completely reliable or error free due to changes, occasionally made by the factory, during the production of the items of which we may or may not have been advised.

9.3 Zouk Design Galleries act as representative for the manufacturer in regard to all warranty matters. Warranties offered are provided by the manufacturer who make no warranty of merchantability or fitness for a particular purpose. Zouk Design Galleries shall have no liability to you for consequential or incidental damages of any kind whatsoever, including but not limited to personal injury, property damage, lost profits or other economic injury.

9.4 Zouk Design Galleries provides to the original consumer/purchaser or recipient a structural warranty under normal use and service for a period of one years from date of purchase and receipt for the Good(s) by the original purchaser. Zouk Design Galleries' obligation under this warranty shall be limited to repairing the product with new or renewed components or, at its option, replacing it with a new or renewed product. This warranty does not include damage to product or components resulting from abuse, accident, alteration, climatic/environmental conditions, damage beyond normal use, freight damage, mishandling, misuse, or unauthorized repair to the extent permitted by law.

9.5 The Customer agrees that in purchasing from and using Zouk Design Galleries, the Customer is not relying on any statement or representation made by Zouk Design Galleries, which is not expressly contained in this Agreement, subject to any non excludable liability or breach of condition for warranties implied by legislation and to the maximum extent permitted by law.

10. Liability

10.1 The Customer acknowledges that the Good(s) are provided "AS IS" and that Zouk Design Galleries is not making and has not made any warranty or representation as to Zouk Design Galleries suitability for any particular purpose.

The Customer agrees that in purchasing from and using Zouk Design Galleries, the Customer is not relying on any statement or representation made by Zouk Design Galleries, which is not expressly contained in this Agreement, subject to any non excludable liability or breach of condition for warranties implied by legislation and to the maximum extent permitted by law.

10.2 The Customer agrees that any liability of Zouk Design Galleries arising out of or in connection with any breach of any express or implied warranty or condition in respect of the Good(s) or services supplied to the Customer through Zouk Design Galleries will, at the election of Zouk Design Galleries, be limited to: (a) if the condition relates to the Good(s), the replacement of the Good(s) or supply equivalent Good(s); and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

11. Governing Laws

11.1 These Terms and Conditions shall fall under the jurisdiction of the courts of New South Wales, Australia and governed by the laws of New South Wales, Australia.

12. Contact

If you have any other questions about doing business with us or would like more information about any of the above points, our products or services please contact us on info@zoukdesign.com or fax: 02 8456 5952

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