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Terms & Conditions

Aura Designs Co Pty Ltd trading as Bedroomsbyaura.com.au Terms and Conditions

General

This website is owned and operated by AURA Pty Ltd (“AURA” or “we” or “us” or “Aura”). By entering, accessing or using Aura website in any way, you agree to comply with these Terms of Use and Aura Privacy Policy (collectively Aura “Website Conditions”), and any other laws or regulations which apply to this website. By using this website, you acknowledge that you have read and understood all of the Website Conditions and agree to be bound by them. However, if you do not or cannot accept Aura Website Conditions in full and without modification, you must stop using Aura website immediately.

We may revise and update Aura Website Conditions at any time and your   continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only. While Aura aims to ensure that the information in this website is correct, sometimes errors do occur for which we apologise. Please refer back to these Website Terms and Conditions from time to time so that you are aware of Aura current terms.

1. Definitions

1.1    “Aura” shall mean Aura designs Co Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Aura Designs Co Pty Ltd.
1.2    “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Aura to the Client.
1.3    “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4    “Goods” shall mean all Goods supplied by Aura to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Aura to the Client.
1.5    “Services” shall mean all Services supplied by Aura to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6    “Price” shall mean the Price payable for the Goods as agreed betweenAura and the Client in accordance with clause 4 of this contract.

2. Warranty

2.1   Consumer Warrant
a)  you are at least 18 years of age;
b)  you will use this website only in accordance with these Website Conditions; and the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.
c) Where the Client buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
2.2   Manufacturers’ Warranty
Aura beds all come with a 3 year manufacturers’ warranty. The benefits provided in any such Warranty are in addition to other rights and remedies of the consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer.

Exclusions:  The Warranty will not apply if:
(a) Aura does not warrant the lighting in the bed as the buyer may cause overheating or damage to the lighting and electronics by using incorrect voltage, this also includes speakers and any other electrical elements in the beds and other products. Overpowering circuits. Electrical faults not covered
(b)Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Aura.
(c)The product has not been used or maintained in accordance with the manufacturer’s instructions as provided by the manufacturer.
(d)The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
(e)The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(f)The product is tampered with in any way.
(g)The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
2.3 Company Warranty:
Aura goods come with guarantees repair,replace or refund policy as we comply with Australian Consumer Law. You are entitled to a replacement or repair or refund for a major failure and for 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Aura Warranty apply to the consumer guarantees. Please email info@bedroombyaura.com.au to lodge a repair,replace or refund dispute.
2.4   Exclusion of Implied Warranties:
Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Aura is entitled to limit its liability as set out above for a breach of a guarantee.
2.5   Consumer Guarantee Remedies:
The Manufacturers’ Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. The Warranty is not transferable and does not cover products used for commercial purposes.
(a) If there is a defect with the product, the customer is entitled to: apply for a repair,replace,refund dispute.
(b) Reject the product and receive a replacement;
(c) Reject the product and receive an identical replacement, or one similar in value if reasonably available; or
(d) Keep the product and obtain compensation from Aura for the drop in value of the product caused by the failure.
(e) Have the product repaired within a reasonable time frame set by Aura.
Alternatively we ask for you to complete a form, and supply sufficient evidence; and/or photographs, so we can have an assessor find the quickest resolution. The assessor will stay in touch with you to offer you some resolutions and you can work together to resolve the issue quickly. Please email info@bedroomsbyaura.com.au

3. Acceptance

3.1    Any instructions received by Aura from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Aura shall constitute acceptance of the terms and conditions contained herein.
3.2    Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3    Aura may discontinue the supply of Goods to the Client at any time, but will only do so in a fair and reasonable manner.
3.4    Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Aura.
3.5    Goods are supplied by Aura only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

4. Price and Payment

4.1    At Aura’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by Aura to the Client in respect of Goods supplied; or
(b) Aura’s price at the date of order of the Goods according to Aura’s Price List, as confirmed by Aura’s Order Confirmation.
4.2    Payment Method:
(a) Credit card Visa/MasterCard
(b) EFT company deposit
(c) Commonwealth Bank branch deposit (quote name or invoice number)
(d) Cash or cheque in store (order will not be placed/released) till funds are cleared.
(e) We also have 12-month interest free finance available.
4.3    GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.4    How much payment is required upfront?
(a) At Aura’s sole discretion a non-refundable deposit may be required
(b) Promotions 100% is required to lock in the price for you.
(c) Regular orders 50%-75% is payable on placing a custom made order and remaining on delivery of your order.

5. Delivery of Goods

5.1    At Aura’s sole discretion delivery of the Goods shall take place when:
(a)    the Client takes possession of the Goods at Aura’s address; or
(b)    the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Aura’s or Aura’s nominated carrier); or
(c)    the Client’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Client’s agent.
5.2    At Aura’s sole discretion the costs of delivery are:
(a)    included in the Price; or
(b)    in addition to the Price; or
(c)    for the Client’s account.
5.3    Any time or date given by Aura to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Aura will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
5.4    The failure of  Aura to deliver on time shall not entitle either party to treat this contract as repudiated.
5.5    Aura shall not be liable for any loss or damage whatsoever due to failure by Aura to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Aura.

6. Risk

6.1    If Aura retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
6.2    If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Aura is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Aura is sufficient evidence of Aura’s rights to receive the insurance proceeds without the need for any person dealing with Aura to make further enquiries.
6.3    Where the Client expressly requests Aura to leave Goods outside Aura’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.

7. Goods & Ownership

7.1    Aura and the Client agree that ownership of the Goods shall not pass until:
(a)    the Client has paid Aura all amounts owing for the particular Goods; and
(b)    the Client has met all other obligations due by the Client to Aura in respect of all contracts between Aura and the Client.
7.2    Receipt by Aura of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Aura’s ownership or rights in respect of the Goods shall continue.
7.3    It is further agreed that:
(a) Where practicable the Goods shall be kept separate and identifiable until Aura shall have received payment and all other obligations of the Client are met; and
(b) Until such time as ownership of the Goods shall pass from Aura to the Client Aura may give notice in writing to the Client to return the Goods or any of them to Aura.  Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) Aura shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) If the Client fails to return the Goods to Aura then Aura or Aura’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and
(e) The Client is only a bailee of the Goods and until such time as Aura has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Aura for the Goods, on trust for Aura; and
(f) The Client shall not deal with the money of Aura in any way which may be adverse to Aura and
(g) The Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Aura; and
(h) Aura can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) Until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Aura will be the owner of the end products.

8. Defects

8.1    The Client shall inspect the Goods on delivery and shall within two (2) days of delivery (time being of the essence) notify Aura of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Aura an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Aura has agreed in writing that the Client is entitled to reject, Aura’s liability is limited to either (at Aura’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

9. Returns

Please visit our Returns and Claims Policy herein this website for all questions regarding Aura  Return Policy.  www.bedroomsbyaura.com.au/returnpolicy

10. Warranty

10.1    The conditions applicable to the warranty given on Goods supplied by Aura are contained on the “Warranty Card” that will be supplied with the Goods.

11. Intellectual Property

11.1    Where Aura has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Aura, and shall only be used by the Client at Aura’s discretion.
11.2    The Client warrants that all designs or instructions to Aura will not cause Aura to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Aura against any action taken by a third party against Aura in respect of any such infringement.
11.3    The Client agrees that Aura may use any documents, designs, drawings or Goods created by Aura for the purposes of advertising, marketing, or entry into any competition.
11.4    The Client acknowledges and agrees that Aura and its related companies are the owners of a number of Australian and New Zealand registered trademarks and other intellectual property. Aura licenses the Client to reproduce from time to time its trademarks and associated copyright works on the website, at the Retail Premises and in print television or to the media for the sole purpose of advertising the allocated range.

12. Cancellation

12.1    Aura may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Aura shall repay to the Client any sums paid in respect of the Price. Aura shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2    In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Aura (including, but not limited to, any loss of profits) up to the time of cancellation.

13. Unpaid Aura’s Rights

13.1    Where the Client has left any item with Aura for repair, modification, exchange or for Aura to perform any other Service in relation to the item and Aura has not received or been tendered the whole of the Price, or the payment has been dishonoured, Aura shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while Aura is in possession of the item;
(c) a right to sell the item.
13.2    The lien of Aura shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

14. General

14.1    The Client is authorised to offer for sale and/or sell the allocated range of Goods to customers in the Sales Territory from the Retail Premises (as set out in the Application for Credit Account). The Client acknowledges and agrees that they are not authorised to sell Aura’s Goods in any other territory or by any other means (including but not limited to from a Website) unless the Client receives the prior written authorisation from Aura.
14.2    Any promotion by the Client by way of the internet and/or email of products supplied to the Client by Aura  must be:
(a) substantially the same as the promotion of those Goods in other media; and
(b) include the same conditions for sale of the Goods as would apply to the sale of the Goods from the business Retail Address.
14.3    If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.4    If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
14.5    These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia.
14.6    Aura shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Aura of these terms and conditions.
14.7    In the event of any breach of this contract by Aura the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
14.8    The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Aura nor to withhold payment of any invoice because part of that invoice is in dispute.
14.9    Aura may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
14.10    The Client agrees that Aura may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Aura notifies the Client of such change. The Client shall be under no obligation to accept such changes except where Aura supplies further Goods to the Client and the Client accepts such Goods.
14.11    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
14.12    The failure by Aura to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Aura right to subsequently enforce that provision.

Reviews/Online

15.1    You agree that any such negative claim will constitute defamation
15.2    You may not send any material online that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
15.3    You:
(a) HAVE FULLY READ AND UNDERSTOOD THESE TERMS OF USE , ACCEPT THEM AS LEGALLY BINDING BETWEEN AURA AND WAIVE ANY RIGHT TO CONTEST THEIR VALIDITY OR ENFORCEABILITY, INCLUDING ON THE GROUNDS OF LACK OF NOTICE OF THEM; AND
(b) WAIVE YOUR RIGHT TO MAKE ANY CLAIM AGAINST AURA DESIGN CO PTY LTD WHICH IS INCONSISTENT WITH THESE TERMS OF USE.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY CEASE USING AURA DESIGNS CO PTY LTD

16. Limitation of Liability

16.1    You agree to defend, indemnify and hold harmless Aura Designs Co Pty Ltd,   and Aura agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney’s and expert witness’ fees) arising because of your   purchase or use of the website or in store. Any claims resulting from the sale of goods promoted or made available through this program except where limited by law.
No failure to enforce any provision, assert any right or insist on performance of any provision of this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future.

17. Governing Law

17.1    The laws of Australia govern these Terms and Conditions.  User agrees to resolve any dispute exclusively in the jurisdiction of the Courts located in Australia. For the purpose of litigating all such disputes.  If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable by a Court of competent jurisdiction, then that provision will be severable from these Terms and Conditions and will not affect the validity of any remaining provisions. The Provider’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

18. Shipping & Delivery

18.1    How long does it take for my products to be made and delivered?
(a) Custom/back end orders

Production and delivery time varies depending on the date and shipment loading. Custom ordered furnishings, your customisation options and your location. We always aim to deliver within 20-28 business days from the date of your custom order. Each product(s) will have an estimated availability period indicated when you checkout.
All customers will receive a email once your order is ready for delivery from our Perth Warehouse.

(b) IN-STOCK ORDERS

Delivery for stocked items in PERTH area can be same day or a 24 hour turnaround.
Delivery for stocked items in AUSTRALIA – national orders have a estimated delivery time within 4-7 business days.
Aura will organise postage for any stocked order within 1-2 business days.
All customers will receive a email once your order is ready for delivery from our Perth Warehouse.

(c) PRE-SALE ORDERS

Pre-sale items will have a date of arrival. Which is the expected date given to AURA from AURA’s logistics department this is a anticipated date and time and dates can vary slightly.
All customers will receive a email once your order is ready for delivery from our Perth Warehouse.
Please allow 4-7 business days to post your AURA purchase from the WAREHOUSE in Perth. Perth ORDERS will be delivered within 1-3 business days of arrival.

18.2    What does ‘Free Delivery’ mean for me?

(a) Free Delivery is available as a promotional offer ONLY, and applies to Perth metropolitan areas only. In areas outside of Perth metropolitan, “free delivery” may discount the cost of shipping to a maximum of $300 in discount. To check if you qualify for free shipping, simply enter your postcode into the postcode field in the Aura location at checkout.

18.3    How much is delivery if I live outside metropolitan Perth,Adelaide, Brisbane, Melbourne or Sydney?

(a) We offer Australia wide coverage for all Aura products. To easily calculate your delivery, simply enter your postcode in the Aura box or at checkout. These charges are subject to change at any time, without notification, or announcement from Aura, with the exception of goods purchased prior to changes of shipping costs.

18.4    Can I pick up my order direct from Aura?

(a) As current, our warehouse is NOT open to the public, so we are unable to allow customers to pick-up their own goods. If you require alternative shipping options, outside of our provided delivery services,alternatives may be arranged by contacting info@bedroomsbyaura.com.au, where additional charges may apply.

18.5    How can I track my order?

(a) To track your order, we kindly ask you to email info@bedroomsbyaura.com.au, and we will advise you of your delivery.

18.6    Does someone need to be home to accept delivery?

(a) Yes. It is necessary for someone to be available to accept delivery as we use a secure courier who requires a signature as proof of receipt. For your convenience, we offer an “authority to leave form” available online. Please Download and leave so the driver can leave products should you not be home upon delivery. A second attempt delivery may be chargeable to (free/discounted delivery customers)
(b) Furthermore, our carriers provide a door-to-door service, which does not include carrying the items inside, carrying items up stairs, placement, or removal of packaging. If your order includes larger items or you are not comfortable carrying your items, we suggest having an additional person to assist with the placement of your items inside.

18.7    My items haven’t arrived yet. What can I do?

(a) Please allow up to 20-28 business days for from the day you received the order confirmation. For any additional concern, please do not hesitate to email our customer service centre at info@bedroomsbyaura.com.au

18.8    How do I change my shipping address after my order has been placed?

(a) We kindly ask you email our customer service centre at info@bedroomsbyaura.com.au

18.9    How long will it take for my products to be made and shipped?

(a) You will see ‘estimated delivery days’ located in the design studio and at the point of checkout. We’ll let you know if there are any delays and will be in touch throughout the development of your product. If you have a special date coming up that you need your furniture for, please let us know in advance and we’ll do our best to help you.

18.10   How will I know how my order is progressing?

(a)Once your payment is received, your purchase is sent directly to our Aura Studio . So that you can monitor the progress of your purchase you will receive two emails regarding the status of your order. You will be alerted by email at the following stages;
[I] Once your payment has been accepted
[II] Once your order is dispatched from our warehouse in Perth to your chosen delivery address.

19. Entire Agreement

19.1    These Terms and Conditions constitute the entire agreement between you the User and the Provider and govern your use of the Service

20. Aura Designs

20.1    The failure by Aura Designs Co Pty Ltd to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Aura Designs Co Pty Ltd.

 

 

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