Terms and Conditions
Welcome to the Icon By Design Web Store
Thank you for visting our web store. We look forward to serving you. This page contains the Terms and Conditions which govern your use of this Web Site. These Terms and Conditions describe your rights and responsibilities and what you can expect from inPlace Online Pty Ltd trading as Icon By Design. Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site. Icon By Design reserves the right to add to, delete or change these Terms and Conditions without notice. By continuing to use the Web Site, you agree to be bound by the changes. Icon By Design is not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
Ordering through Icon By Design's Web Site
You must be at least 18 years old to place any orders with Icon By Design. By using the Web Site you acknowledge that you are at least 18 years old. By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. Icon By Design reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
Essential Care and Maintenance
Your furniture is designed to specifications exceeding ordinary levels, however the life of the furniture will depend on proper care and maintenance. Please obtain and follow carefully, the appropriate care and maintenance instructions for your furniture. Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture may result in costly repairs and could void your warranty. Soft cushion fillings and removable covers may require periodic replacement due to normal or abnormal use. Contact our customer service for information and pricing.
Your product may exhibit different characteristics to any sample of shown, due to variations in timbers, dimensions, paints, finishes and designers discretion. Every item is handcrafted, and as a result no two are exactly the same. Icon By Design reserves the right to alter the design and construction, dimensions or finishes if required. Reasonable effort will be made to inform client by phone or email prior to any changes. You are solely responsible for your final selection including the suitability of a particular product, colour and model. Please choose carefully as we do not usually refund or exchange if you change your mind.
Colour and grain variations are natural characteristics of authentic wood surfaces. Since no two trees are exactly alike, these variations are evident in every piece of wood. Natural variations are softened somewhat by the application of toners and stains. These finish applications are not designed to eliminate, but to enhance the charm and unique characteristics of the natural wood. Although care is taken to match colour and pattern, variation must always be expected due to the nature of the various wood species.
Due to the natural variation of colour and grain in the wood, there will be variations in colour and graining between our showroom samples and the actual finished product. These variations contribute to the natural beauty of using an organic material and are acceptable throughout the cabinetmaking industry. Variations within these cabinetmaking standards will not be reason for replacement. Customers interested in a perfectly consistent colour and graining should consider coloured lacquer cabinetry or some of the synthetic materials offered by other companies, such as laminate, wood grain melamine or PVC.
Intellectual Property / Copyright
This entire Web Site, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2015 Icon By Design. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of Icon By Design or any of the above trademarks or logos may not be used without Icon By Design's specific, written prior permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
Communication from Icon By Design
We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns Policy; Risk & Tile
Whilst Icon By Design makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Icon By Design's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund. The Returns Policy is stated on Icon By Design's Refunds & Returns page, which can be found at iconbydesign.com.au/Refunds-Returns. Title remains with Icon By Design until full payment for all supplied products has been received by Icon By Design. Risk in the products passes to you on delivery. We do not accept liability for any loss, theft or damage to the products after delivery. If you authorise the parcel to be left unattended, delivery is effected when our delivery partner records the delivery as having taken place.
You agree to indemnify and hold Icon By Design and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from Icon By Design.
Limitation of Liability
In no event shall Icon By Design or its parent or any subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, Icon By Design's liability is limited to an amount equal to the purchase price of the relevant good(s).To the extent permitted by applicable laws, Icon By Design does not accept any liability for: any damage or injury of any nature caused by the use or misuse of products purchased from Icon By Design; errors, mistakes or inaccuracies on the Web Site; you acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website; any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; any interruption or cessation of transmission to or from the Web Site; and/or any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Icon By Design. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by Icon By Design in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in the sale prices.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.