TERMS and conditions

ONLINE TERMS OF SERVICE
In these conditions ‘Company’ means Live Timber Flooring trading and includes its successors and assigns and ‘Buyer’ means the buyer whose order is accepted by the Company.

The Company is pleased to offer you (the Buyer) the opportunity to purchase and receive its products through its website on the basis of the below terms. By using our website and clicking on its features, the Buyer agrees to these terms.

Due to the nature of these services exact arrival and completion times cannot be guaranteed in the event there are delays and we cannot be held responsible for these delays in carrying out this installation. Please allow sufficient time for works to be completed.

Onsite services is only offered in Victoria

When choosing on site services completed by Live Timber Flooring is subject to site measure and assessment. No works will commence until site is inspected.

Sales
Our website offers customers the ability to view and choose products that may be available to purchase from the Company’s available range at any given time. The Buyer may choose a product and proceed to purchase it (if available) through our online payment system. The Buyer must pay for all online purchases at the time of on line check out (unless otherwise agreed in writing), using one of the payment methods offered by the Company and as required by the Company.

Where the product is for a specific Buyer design, this will be managed generally per these terms and per clause 4 below.

The prices of products and any delivery charges are in Australia dollars and inclusive of GST.

The Company reserves the right to refuse a sale (and provide a refund where applicable), alter prices, and alter and vary products and their offering and availability, as it sees fit.

If a product is not available or becomes unavailable, the Buyer will either be refunded or notified at time of attempting to purchase it online.

If the Buyer registers an account with the Company, it must not have more than one active account, and the account is non-transferable. The Buyer may update, edit or terminate its account at any time through our website.

Receipt of products
Unless the Buyer already has an approved online account, when ordering, the Buyer will need to fill in their details each time, where required online, in order for the Company to generate the order and prepare an invoice and so as to prepare for delivery or click and collect. If being delivered, a delivery fee applies and will be stated and must be paid at time of purchase.

Delivery times are estimates only and may reasonably vary depending on such things as availability and demand or where out of the Company’s control. Delivery may be refused by the Company, in its discretion.

If collecting, the Buyer will be notified by email or telephone as to the availability of the ordered products and when they may be collected from the store location given. If a product is not available, the Buyer will not be charged and any payment will be reversed to the account from which payment was made.

The Buyer must collect the ordered products from the selected store as soon as they are notified the ordered products are available. Products chosen to be collected will not be delivered unless separate arrangements are made with the store.

Refunds/Returns
All queries regarding refunds, faults, losses, returns or damage or product misinformation should be directed to the contact below. All claims will be managed in accordance with our returns policy and within the requirements of Australian Consumer Laws and any other Company Policy on such matters.

To avoid doubt, the Company is not responsible and will not be liable for faulty, negligent, or poor workmanship in the installation of its products where such products were not installed by it or any of its approved agents or contractors. Please refer to our warranty terms and conditions available on our website.

Goods manufactured to buyer’s specification
Where the Company agrees to design and manufacture products to the Buyer’s unique specifications:

The Buyer shall indemnify and undertakes to keep indemnified the Company from and against any actions claims demands, royalties, costs, and expenses of whatsoever description brought against or suffered by the Company by reason of or in consequence of any infringement of patent, copyright, trade marks, or registered designs owned by any person arising from the manufacture of goods to the design specification or requirements of the Buyer.


Where no tolerances or materials are specified by the Buyer’s drawings specifications or instructions the Company may manufacture the goods in its discretion to the appropriate Australian Standard or in accordance with usual trade usage.

The price for a specific product under this clause will be negotiated and set by the Company in discussions with the Buyer and as then generated in an order form sent to the Buyer.

Payment for the product provided under this clause must be made by 100% payment prior to commencement of work.

No responsibility is accepted for the safe custody of any of the Buyer’s dies, patterns or tools (whether included in the price of goods sold or not or as part of any quotation), samples, drawings, specifications, templates, or information supplied by the Buyer, all of which are held at the Buyer’s entire risk as to loss or damage by any cause whatsoever (and none of which will be returned unless so requested by the Buyer, within twenty-one (21) days of the date of receipt by the Company of the order to which it relates) and the Company shall be under no liability to the Buyer or any other person for any disclosure of any information contained therein or for any reproduction thereof in any material form by any servant or agent of the Company.

Where the Buyer supplies materials to the Company they will be held at the Buyer’s risk and the Company shall not be liable for any loss of or damage to such materials from any cause whatsoever (including but without limiting the generality of the foregoing loss of material due to faulty processing or during manufacture) whether due to the negligence of the Company its servants or agents or otherwise.
Where materials are specified or supplied by the Buyer the Buyer shall be responsible for ensuring that such materials are fit for their required purpose.

Exclusions, disclaimers and limit to liability
The Buyer will be responsible for the content of any material it enters on the website. All information must be accurate, complete and not misleading, deceptive, defamatory or contrary to law. The Company is not responsible for and disclaims any liability in relation to the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through our website

However, the Company reserves the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that it deems to be illegal, offensive or otherwise inappropriate.

The Company is not liable to any party for any direct, indirect, economic or consequential loss or damage for any use of or reliance upon information found on this website or on any other linked website, including, without limitation to, loss suffered in connection with out of date materials or transmission of computer viruses, lost profits, business interruption, loss of programs or data, even if the Company is expressly advised of the possibility of such damages. If the Buyer’s use of the website or the Information results in the need for servicing or replacing equipment or data, the Company is not responsible for those losses or costs.

The Company does not warrant or represent that its website or information in it is free from computer viruses or other typographical errors or defects. The Company recommends that virus checks should be done on any Information downloaded. The use of the website and the Information is at the Buyer’s own risk.

The Company is not liable for any loss or damage associated with any information, advice or recommendations or the like offered or provided by third parties in relation to information on the Company’s website including (but not limited to) blogs, posts, tips, recommendations, advice or links to other websites.

The Company excludes, to the maximum extent permitted by law, all warranties, representations, and implied terms and any liability which may arise in relation to access to or use of this website or information in it.

Intellectual property
The Company’s online site and its contents are subject to copyright which is owned by us or a third party. The Company does not grant the Buyer any intellectual property rights to its site, its applications, interface or contents. The Buyer must not use any trademark displayed on this site.

Severability
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, it will be severable, and will not affect the remaining provisions of terms and conditions.

Jurisdiction
These terms and conditions are governed by the laws of Victoria and the Buyer agrees to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Privacy
The Company will comply with all Australian privacy laws and consistently with its Privacy Policy.

Variation and violation
These terms and conditions may be varied at any time by the Company.

If the Buyer violates these terms the Buyer may be banned from the use of our website. To avoid doubt, the Company may, at its discretion, accept or reject an order depending on a variety of factors, such as availability of the ordered products or ability to validate payment for the products. The Buyer (you) must not order products or services from the Company if the Buyer (you) is under eighteen (18) years of age. The Company may, at its discretion, treat any order by a person under eighteen (18) years old as void.

Contacting us

Live Timber Flooring welcomes your comments regarding these terms and conditions. If you have any questions about this document, please contact us by any of the following means during business hours Monday to Friday.

Live Timber Flooring,
E: info@livetimberflooring.com.au