DESIGNLAB WEBSITE TERMS AND CONDITIONS
- General
(a) All orders are accepted and goods supplied subject to the following terms and conditions and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions, warranties and representations whether implied, statutory or otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these terms and conditions, and no addition or variation whether contained in the Customer’s order or otherwise shall apply unless expressly agreed in writing by the Company’s authorised representative.
(b) In these terms and conditions:
‘Company’ means DesignLab;
‘Customer’ means the individual, Company, or other organisation to whom the Company may agree to supply goods in accordance with the Company’s conditions of sale; and ‘Manufacturer’ means the original supplier of goods where the Company is not the original creator.
- Orders
All orders are subject to the availability of goods and to acceptance by the Company’s authorised representative. All orders must be received either by website, e-mail, or by telephone. These orders shall be deemed as correct, ready to be invoiced and sent.
Customers must be over the age of 16 years old to purchase goods from DesignLab and have a valid email address and phone number to be contacted in case of any query.
DesignLab reserves the right to accept or reject your order for any reason at any time. When we accept an Order, it represents an agreement by DesignLab to supply you the Goods in accordance with the Order and these Terms and Conditions.
If we reject an Order, we will notify you of that rejection and the reason for rejection via email within five Business Days after the placement of the Order. DesignLab will not be liable to you for your loss or that of any third party for the rejection of an Order.
Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within five Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. DesignLab is not liable for any loss, damage, cost or expense you or any third party incurs because of any delay in processing your refund.
If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order and we will notify you of that rejection via phone or email within five Business Days after the placement of the Order. DesignLab will not be liable to you for your loss or that of any third party for the rejection of an Order.
- Prices
All goods are sold at prices current at the day invoices are rendered. All prices are subject to change without notification.
- GST
All prices quoted are exclusive of GST, which will be added in the relevant invoice.
- Risk, Title Delivery and Returns
(a) Risk in the goods passes to the Customer on delivery. Property in the goods remains with DesignLab until payment in full has been received from the Customer by DesignLab.
- (b) All shipments are made at the Customer’s risk and cost. Returned Goods
(a) Where goods are rejected by the Customer as not being in accordance with the Customer’s order, DesignLab will only accept the return of such Goods if they receive written notice within 5 working days of receipt of the goods by the Customer. If no notice is received, the goods shall be deemed to have been accepted by the Customer.
Returned goods will not be accepted without a Return Authorisation Number which will be supplied by DesignLab on receipt of the Customer notice.
(b) Where DesignLab has supplied goods in accordance with a Customer order, DesignLab will accept the return of those goods subject to the payment by the Customer of a restocking charge of $50.00 per item or 25% of the value of the goods invoiced (whichever is greater) and the cost of freight both ways. The Customer must quote the invoice numbers that goods were supplied under. The goods must be in the same condition they were dispatched by the company to the Customer. If the Customer complies with these conditions, DesignLab will provide the Customer with a credit in respect of the goods returned.
(c) We do not exchange, refund or accept returns on any sale items, or custom orders.
- Defects
(a) DesignLab will not consider any claim for compensation, indemnity, or refund until liability, if any, has been established or agreed with the Manufacturer and where applicable, the Company’s or the Manufacturer’s insurance company.
(b) In the case of defects or faulty workmanship in the goods or any part of the goods supplied by DesignLab, the Customer is not entitled to any greater compensation than the Company receives from the Manufacturer.
- Customer Default
If: (a) the Customer defaults or commits any breach of any of its obligations to DesignLab; or
(b) the Customer at any time becomes bankrupt or, if an incorporated body, any resolution or petition to wind up its business is passed or presented otherwise than for reconstruction or amalgamation, or if a liquidator or receiver or manager of such corporate body or its undertaking property or assets or any part thereof is appointed, or if the Customer is insolvent or is unable, or admits its liability, to meet its commitments promptly as and when due, then DesignLab may (without prejudice to any other claims or rights which DesignLab might have) immediately cancel any uncompleted order or cancel or suspend delivery. In addition, and notwithstanding any other provisions of the Company’s standard conditions of sale, payments for any delivery already made shall immediately become due.
- Cancellation of Orders
Requests by a Customer for cancellation of any order or for rescheduling of deliveries will only be considered by DesignLab if made in writing. The Customer must pay to DesignLab an amount equal to all costs incurred in the preparation and delivery of the order and its cancellation or rescheduling.
- Force Majeure
DesignLab is not liable for the cancellation or partial delivery of any order or part order if performance by DesignLab is prevented or delayed directly or indirectly by any cause beyond the reasonable control of DesignLab whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by DesignLab or not.
