TERMS & CONDITIONS
1. Acknowledgement and Acceptance
Oliver Throsby ABN 64 654 322 875 owns the websites www.oliverthrosby.com.au and These Terms and Conditions
By accepting these Terms or using the Websites, you represent and acknowledge that you are over 18 years old and you have read and understood them and agree to be bound by these Terms.
If you are purchasing items through the Websites, you agree that these Terms apply to each order you place.
If you are entering into these Terms on behalf of another entity, you do so representing that you have the authority to bind that entity to these Terms. If you do not have the authority or do not agree to these Terms, you are not permitted to use the Websites or services.
The Terms may be updated by us from time to time. If we make any material changes to the Terms we will notify you. Your continued use of the services and Websites will amount to acceptance of any updated Terms.
2. Using the Websites
All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the Oliver Throsby websites.
3. Online Orders
a) Full Payment for products must be made at the time of purchase.
Oliver Throsby reserves the right to decline or accept orders made through the Oliver Throsby Website, and from time to time, Oliver Throsby may need to restrict the quantity of specific goods.
b) Occasionally, certain goods may be out of stock or be subject to long lead times. The estimated lead-times are an approximation only and are subject to change. If we are unable to fulfil your order, we will either refund you the price of the goods or provide you with a credit in the form of an Oliver Throsby credit
c) Delivery and installation fees will depend on where your order is being delivered, the size of the package and the weight. Products bought online can be delivered within Australia or overseas. It is the customer’s responsibility to ensure that the correct delivery address, contact number(s) and email address are provided to Oliver Throsby. The Customer must inform Oliver Throsby of any issues, difficulties or specific requirements associated with the delivery of the products and must ensure that the item ordered is capable of delivery such as through doorways and up stairs (for example). All prices are provided in Australian Dollars (AUD)
d) Someone aged over 18 must be present and able to accept the delivery at the delivery address supplied by the customer. Oliver Throsby reserves the right to nominate the day of delivery of the Goods, which will be performed within a mutually agreed timeframe, and all reasonable endeavours will be made to ensure this occurs. Unforeseeable circumstances may impact delivery within the agreed timeframe.
e) Cancellations or changes to delivery times by the customer within 14 days prior to the arranged delivery time will incur a minimum cancellation fee of one hundred and ten dollars ($110.00) inclusive of GST.
e.1) Deposits are non refundable for all orders made through Oliver Throsby websites or from Oliver Throsby directly
f) If Goods are not delivered or collected within two (2) weeks after arrival at the warehouse, any outstanding balance is to be paid in full immediately. Storage fee charges (at current market rate) will commence immediately
g) Risk and liability in goods passes to you at the time of delivery of the Goods to your nominated address.
h) Regional customers must nominate their own transport carrier and pay all associated charges and insurances direct to that carrier. Collection of Goods must be coordinated in advance with a minimum of forty-eight (48) hours notice including final payment in full.
i) We use standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses caused if a member’s card is used fraudulently.
j) All online purchases are subject to Oliver Throsby’s Refund Policy.
a) All prices listed on the website are in Australian Dollars unless otherwise specified.
b) All prices on the website include all applicable taxes unless otherwise specified.
c) All prices on the Oliver Throsby website are subject to change without notice.
d) Prices for items on your order are fixed once your order has been confirmed, Subsequent price changes either up or down will not be retroactively applied to confirmed orders.
e) You agree to pay delivery charges as they are calculated and listed in the order confirmation at the time of purchase
a) Where a product listing shows a pricing with a cross line through, that pricing refers to a previous selling price, a recommended retail price (RRP)
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law
The following only applies if you are a “Consumer” as defined in Section (3) of the Australian Consumer Law. It may not apply in your particular case.
6.2 Consumer Guarantees
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also 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.
6.3 Additional Warranties
6.3.1 Some goods you purchase from us may come with the additional warranties below. These are in addition to the other rights and remedies available to you under the Australian Consumer Law.
6.3.2 These additional warranties are offered by Oliver Throsby having regard to the nature, design and features of the goods. For example, if the goods are of a rustic or organic nature, then surface details may vary from imagery and display models. Where natural materials are used in the manufacturing process or are handmade, minor variations will occur from piece to piece. Such variations as a result of the nature of the goods are not considered defects under this warranty.
6.3.3 Any additional warranties below do not apply to:
126.96.36.199defects or damage resulting from negligence, abuse or misuse, including (but not limited to) inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear-and-tear;
188.8.131.52the fabric or leather coverings or goods or furniture or cane/wicker furniture (unless the terms of sale expressly say so);
184.108.40.206any failure by you to follow the Oliver Throsby Care Instructions or manufacturer’s instructions or specifications; care instructions
220.127.116.11if a product is relocated from its original delivery location by transporters not approved by Oliver Throsby or the relocation caused damage due to improper packaging and transporting;
18.104.22.168any furniture which has been exposed to Extreme Use (Extreme Use is damage caused by more than ‘normal wear and tear;’ or spills such as acid, solvents, dyes, or other corrosive materials, ink, paint or body fluids; moisture of any kind, improper cleaning techniques or placing furniture outdoors, in close proximity to heat or in direct sunlight);
22.214.171.124any work or installation carried out on the item by a contractor or third party not approved in writing by Oliver Throsby.
6.4 Other Manufacturer’s Warranties
If a separate or additional manufacturer’s Warranty applies, then Oliver Throsby will advise you of its details.
6.5 Manufacturers’ warranties
The following warranties will be available to the relevant goods purchased from Oliver Throsby, unless the description of the good or product specifies otherwise.
These words have the following meaning in the table below.
“Commercial Use Furniture” means furniture for business, commercial, industrial, hospitality or any non-residential purpose or use.
“Furniture” includes furniture used for personal, domestic or household use or consumption but excludes Commercial Use Furniture.
“Ex-Rental Stock” means certain goods which are second-hand, used or ex-rental. The same warranties and criteria in the table apply to the purchase of Ex-Rental Stock, however, the warranty for Ex-Rental Stock will be subject to implied guarantees as well as to the state of repair of the Ex-Rental Stock item at the time of sale. The purchaser also acknowledges he or she has seen or examined the Ex-Rental Stock prior to purchase or noted the description of the goods including the goods state of repair. Not all Ex-Rental Stock will come with an Ex-Rental Stock Warranty – this will depend on the condition of each item.
“Structural Warranty” means a warranty relating only to the frame or internal structure of a product (and excludes any surface, decoration, fabric, cracks or finish of a product).
Type of Warranty
Period of warranty from date of purchase
Structural Warranty for Furniture
Exclusions in paragraph 6.3 above apply.
Structural Warranty for outdoor Furniture
(1 year for Ex-Rental Stock)
Applies where item is specifically stated to be outdoor furniture.
Exclusions in paragraph 6.3 above apply.
Structural Warranty for Lighting & Homewares
(1 year for Ex-Rental Stock)
Exclusions in paragraph 6.3 above apply.
1 year for leather items
Exclusions in paragraph 6.3 above apply.
Structural Warranty for Commercial Use Furniture
Only certain items within the Oliver Throsby range are suitable for commercial use. For this warranty to be valid, the relevant sales document must state that this Commercial Use Furniture warranty applies.
6.6 Remedies & Solutions
Oliver Throsby cannot give an exact timeframe by which a product will be repaired (if capable of repair) but will do so (if capable of repair) within a reasonable time.
6.7.1 Certain legislation, including Schedule (2) of the Competition and Consumer Act 2010, imply guarantees and impose obligations upon Oliver Throsby, which cannot be excluded, restricted or modified. Where such statutory provisions apply to the extent which Oliver Throsby is entitled to do so, its liability shall be limited at its option to;
(i) in the case of supply of Goods, the replacement of the Goods or supply of equivalent Goods; or
(ii) the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
(iii) the payment of the cost of having the Goods repaired; or
(iv) the repair of the Goods.
6.7.2 Where such statutory provisions apply and to the extent to which Oliver Throsby is entitled to do so, its liability shall be limited at its option in the case of the supply of services, to:
(i) the supply of the services again; or
(ii) payment of the cost of having the services supplied again.
6.8 To claim under any of the above Warranties
6.8.1 To be entitled to claim under any of the above warranties you must:
(i) Should a defect or imperfection appear in the item within the period specified in the table in paragraph 5 above, stop using the item immediately. To make a claim under this warranty you must, before the warranty period expires:
(ii) call the Oliver Throsby Representative on the number available from website and provide the receipt or proof of purchase, details of what you consider the defect to be and the circumstances in which the defect appeared and all other relevant communications in respect of the Warranty claim or goods.
(iii) be mindful that the reasonable expenses you incur in claiming under a Warranty will be borne by Oliver Throsby. You can claim these expenses providing you raise them at the first opportunity when you make a claim and by subsequently forwarding to Oliver Throsby all invoices reflecting such expenses within seven (7) days.
(iv) We will then inspect and determine whether the item is defective and if, acting reasonably, we agree the item is defective and the warranty responds, we will provide the remedies identified in paragraph 6.5.1 above.
6.9 If Purchaser is an Interior Designer
6.9.1 Where the purchaser is an Interior Designer, the Interior Designer warrants to Oliver Throsby that they will not make any representation to their customer to the effect that the Interior Designer is an agent for Oliver Throsby. In addition, the Interior Designer will not offer any Warranty beyond that which already applies to the contract for sale between Oliver Throsby and the Interior Designer.
6.9.2 If the purchaser is an Interior Designer, then the Interior Designer is responsible for payment of the goods, not their own customer.
7. Your obligations when using the Oliver Throsby websites
7.1 Trade Marks and Copyright
a) “Oliver Throsby”, “Oliver Throsby Furniture” are the sole trading names for. All references to Oliver Throsby include a reference to all of its related entities, authorised licensees and agents.
b) “Oliver Throsby Trade Marks” means all trade marks (whether or not they are registered) and trading names belonging to Oliver Throsby.
c) Under Australian and international law, the material on our website, including allpages, graphics and services, is subject to copyright. You must not:
i) unlawfully use any of our copyright material;
ii) pass off content from our site as your own - this includes the practice of 'framing' our site within another site as well as copying and re-using parts of the site or;
iii) use the Oliver Throsby Trade Marks without our prior written consent.
7.2 Unacceptable content
a) To ensure that using the Oliver Throsby websites is a pleasant experience for everyone, you are prohibited from posting or uploading any material on the website that:
i. violates any laws or is false or misleading;
ii. is threatening, abusive, defamatory, obscene or indecent;
iii. infringes any third-party rights including copyright, trade marks or other intellectual property rights;
iv. distributes viruses or any other technologies that may harm the Oliver Throsby websites, the interests or property of Oliver Throsby users;
v. imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
vi. copies, modifies, or distributes any other person's content without their consent;
vii. uses any robot, spider, scraper or other automated means to access the Oliver Throsby websites and collect content for any purpose without our express written permission;
viii. harvests or otherwise collects information about others, including email addresses, without their consent;
ix. bypasses measures used to prevent or restrict access to the Websites.
7.3 Comments and content
Oliver Throsby invites you to engage in vibrant and lively discussions in our comments section(s). However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Oliver Throsby websites are constructive and civilised. Oliver Throsby has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Websites. If you find any content that is objectionable please contact the Oliver Throsby Privacy Officer, whose details are listed below.
7.4 User generated content
If you upload content, you agree to
(a) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(b) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Oliver Throsby websites is capable of a breach of the Australian Consumer Law.
If you post materials to or links from the Websites that infringe any third party rights, you will indemnify Oliver Throsby against any loss, liability, damage, cost (including Oliver Throsby’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
7.5 Copyright Assignment
You agree to assign copyright in all original content that you post on the Websites to Oliver Throsby and its partners, and agree to formally record such assignments when required. Oliver Throsby and its partners retain the copyright on all content, design and artwork produced for the Websites.
If you upload photographs, audio or video recordings of yourself, you consent to give Oliver Throsby and our partners the right to use these photographs and recordings in the production of the Websites. You will further allow Oliver Throsby and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
(a) Neither Oliver Throsby nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of the Websites. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(b) You use the Websites at your own risk.
(c) Neither Oliver Throsby nor its related companies represent or warrant:
(i) that your use of the Oliver Throsby websites will meet your requirements;
(ii) that your use will be uninterrupted, timely, secure or free from error;
(iii) the accuracy of any information obtained by you as a result of your use of the Oliver Throsby websites, and
(iv) that defects in the operation or functionality of any part of the Oliver Throsby websites will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(e) Oliver Throsby excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
10. Order Terms & Conditions
10.1 Orders will be processed after the first instalment has been paid.
a. The first (1st) instalment is equal to fifty percent (50%) of the total order value inclusive of GST and is required at the point of sale.
b. The remaining instalment must be the remaining amount in full can be paid by either; ii. Paying the total balance prior to confirmation of the delivery booking.
10.2Electronic Funds Transfers (EFT) require approximately two (2) business days before funds are cleared and the payment is confirmed as having been received.
10.3The estimated lead-time is an approximation only and is subject to change.
10.4Delivery and installation fees are based on reasonable access being provided at the delivery address. In the event that reasonable accesshas not been provided additional charges will be incurred and payable at, or before, the time of delivery.
10.5Oliver Throsby reserves the right to nominate the day of delivery of the Goods, which will be performed at a mutually agreed time, and all reasonable endeavours will be made to ensure this occurs.
10.6Cancellations or changes to delivery times within fourteen (14) days prior to the arranged delivery time will incur a minimum cancellation fee of one hundred and ten dollars ($110.00) inclusive of GST.
11. Third party websites
Our websites may link to third party websites which are not owned or operated by Oliver Throsby. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
12. Choice of Law/Forum
These Terms are governed by and construed in accordance with the laws of the state of New South Wales, Australia.
For all enquiries related to your order, including delivery, or product support matters please contact Oliver Throsby via the Oliver Throsby Website
IMPORTANT: Oliver Throsby will NEVER sell your data or any details collected/provided to ANY third parties.
What personal information do we collect and hold ?
In using the Oliver Throsby website, you acknowledge and agree that we have the right to access and disclose your information – this is in order to comply with applicable laws and lawful government requests that protect Oliver Throsby and its users.
We may collect the following types of personal information:
Mailing or street address
Date of birth
Details of the products you have purchased from us, or which you have enquired about – together with any additional information necessary to deliver those products and to respond to your enquiries.
Any additional information relating to you that you provide to us directly through our website.
Information you provide to us through our Customer Care team or our Customer Experience Surveys.
We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect aggregated information about how users use our website.
How we collect your personal information
Like all businesses, we gather information about our users. We do this so we can more effectively meet your needs. We would like you to understand and be comfortable with the terms and conditions surrounding the capture and use of this information.
We may collect your information when you purchase products from our website, over the phone or when you visit an Oliver Throsby website, when you contact us via our social media pages (such as Facebook, Twitter or Instagram), when you enter a competition or when you contact us with an enquiry or complaint in relation to our products and services.
What happens if we can't collect your personal information?
Unfortunately, the collection of your data is essential for our services to run smoothly. If you do not or are unable to provide us with your personal information, the following may occur:
We may not be able to provide the requested products or services to you.
We may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions.
We may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
Why we may collect, hold, use and disclose your personal information
We collect personal information about you so that we can provide you with an optimised online and in store experience.
We also collect, hold, use and disclose your personal information for the following purposes:
To provide products and services to you and to send communications to you.
To answer enquiries and provide information or advice about existing and new products or services.
To advise you on new products and services we are offering.
To assess the performance of the website and to improve the operation of the website.
To assess our customer service and to improve our customer service to you.
To conduct business processing functions including providing personal information to our related bodies corporate, franchisees, contractors, service providers or other third parties.
For the administrative, marketing (including direct marketing and marketing research), planning, product or service development, quality control, human resources, educational and research purposes of Oliver Throsby, its related bodies corporate, franchisees, contractors or service providers.
To update our records and keep your contact details up to date.
To process and respond to any complaint or enquiry made by you.
To comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
To whom may we disclose your information
Oliver Throsby will NEVER sell any of your details to any third parties. It is extremely rare that we would disclose your personal information to any third parties – in the event that this does happen, we may disclose your personal information to:
Our employees, related bodies corporate, franchisees, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, data entry service providers, electronic network administrators, debt collectors, archivists and professional advisors such as accountants, solicitors, business advisors and consultants.
Suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes.
To government and regulatory bodies and law enforcement agencies.
Any other organisation for any authorised purpose with your express consent, including your insurers and your solicitors.
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate.
We are not responsible for the privacy policies of any third party. Third parties are responsible for informing you about their own privacy practices.
Oliver Throsby communications
In accordance with applicable marketing laws, such as the Spam Act 2003 (Cth), you consent to us sending you those direct marketing communications (newsletters, offers etc.) when you sign up as a member to Oliver Throsby. At any time, you may choose to opt-out of receiving Oliver Throsby communications. This can be done either by contacting us at Oliver@Throsby.com.au, or by clicking the ‘unsubscribe’ button located at the bottom of the communication.
Please note that by opting out of receiving communications, you may still receive communications from us (such as invoices, notices and receipts) in relation to the products and services you have purchased from us.
We take reasonable steps to ensure that your personal information is up-to-date whenever we collect it or use it. This may include, for example, using data obtained from third parties to verify the accuracy of your personal information.
We store your personal information securely
Your personal information may be stored in hard copy documents and/or electronically.
If the personal information we collect is no longer needed for any purposes and we are not required by law to retain it, we take all reasonable steps to remove it.