TERMS & CONDITIONS

User Agreement

This website and its contents is owned and operated by A.P.Reyem Pty Ltd T/A “Sofa Studio” ABN No.       16 870 450 366. By accessing or using this website, you agree to accept and comply with the terms and conditions as outlined here or elsewhere on the website. Sofa Studio reserves the right to change these Terms and Conditions without notice.

These terms and conditions apply to all purchases made from Sofa Studio.

1. Orders & Delivery

All orders placed through this web site are subject to final confirmation and acceptance by Sofa Studio. A customer may cancel an order made online within 24 hours of placing the order by sending an email to Sofa Studio at sofainfo@tpg.com.au

Delivery prices quoted on our website are indicative only. You are liable for payment of all delivery charges, including any delivery surcharges incurred as a result of difficulties with access or proximity. You must ensure correct delivery address details are provided to us. We request full notification of any delivery difficulties at the time of order (e.g. staircases/lifts or narrow passages). We also require information about remote property locations. If Sofa Studio requests delivery surcharges based on proximity or access, you may cancel the order by giving notice to Sofa Studio. This must be received by email within two days of the announcement of the surcharge. Sofa Studio or it’s agent will deliver the goods you order to the address you specify in your order. We quote an estimated lead time based upon expected manufacture time and component availability and delivery location. Lead times are indicative only and delays may occur. This is no cause for cancellation nor compensation. Where delays occur, you will be notified by Sofa Studio as soon as possible.

Anyone at the nominated delivery address who receives the goods will be presumed by Sofa Studio to be authorised to receive the goods. You must ensure that a person over the age of 18 is available to accept delivery of the goods. Sofa Studio may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence or proof of age. If there is no-one at the delivery address or no-one of appropriate age to receive the order, Sofa Studio may charge you additional delivery fees.

Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged. All risk and title in Sofa Studio products passes to you after receipt of full payment by you.

Storage fees and surcharges may be incurred for goods that cannot be delivered on the pre-arranged delivery date.

2. Prices & Payment

For each online order, you must pay: 1. the applicable price for the relevant goods confirmed by

Sofa Studio and 2. The indicative delivery fee specified on the web site at that time. (Subject to reasonable access and proximity provisions).

Prices displayed on the site are current, but may change at any time. Availability of goods is subject to change without notice.

We only accept payments using the methods stated in the Orders & payment section of this web site. We are unable to accept COD payments. Payment must be cleared before the goods are dispatched. Prices and range on this web site may vary from the Sofa Studio showroom. All prices quoted include GST.

3. Returns & Refunds

We do not refund or exchange for change of mind. You agree to pay a minimum cancellation fee of 30% of your order if you cancel your order after 24 hours. If you cancel your order after manufacture of your products has commenced, you agree to pay a cancellation fee up to the entire purchase price (at our discretion).

We encourage fabric samples and provide accurate measurements online. We will not return/refund due to poor/incorrect sizing or colour choice.

4. Products

All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.

Your product may exhibit different characteristics to the sample exhibited online or in our showroom. Differences in appearance such as creasing, the degree of softness and dye lot variation may occur. We are happy to provide fabric swatches and samples upon request. These are also to be used as an indicative guide only. Leather may exhibit scars or marks and areas of differing shades and thicknesses. These are the natural characteristics of genuine leather. We reserve the right to change dimensions, design and construction and to pattern match fabrics according to our best judgment without prior notice.

5. Consumer Guarantees

The following only applies if you are deemed a “consumer” under the Australian Consumer Law.

If there is a defect in your Sofa Studio product that appears within the first 12 months, we will do the following:

(a) If our product has a minor defect ie fails to be of acceptable quality – but not a major failure, we will (at our discretion) repair it or offer you a replacement.

(b) If the product has a major failure, you are entitled to a replacement (if available) OR refund OR Keep the goods and receive compensation due to the inconvenience.

5. Your Account

You agree to take responsibility for the safekeeping of your username and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Sofa Studio in connection with any use (whether authorised or unauthorised) of your user name or password .Sofa Studio may suspend or cancel your account at any time without prior notice.

6. Accuracy

This website is provided on an “as is” basis. The information on this website is for general information only. Sofa Studio has attempted to ensure that the information contained on and accessed through the website is correct and current at the time of publication. The website may inadvertently contain technical inaccuracies or typographical errors. Sofa Studio does not accept any responsibility for any error, omission or defect in the information provided on this website. Use of any information from this website is at your own risk.

Sofa Studio does not warrant the error free uninterrupted operation of the website nor the information herein, nor ability to access the website. We do not warrant the server that contains the content nor warrant to you that it is free of viruses or other harmful bugs.

7. Images and Graphics

Sofa Studio aims to include up-to-date images and/or graphics of all of the goods on this web site. Images are indicative only in order to provide as true a representation of the real product as possible.

8. Copyright and website usage

All content including logo, text, images, video, photos and total content and design concepts is the property of Sofa Studio. It is protected by Australian and International copyright laws. It is for personal and non-commercial usage. You may not reproduce, publish or modify unless with written permission from Sofa Studio. The customer will not knowingly allow Sofa Studio intellectual property to be pirated or copied or breached in any other manner. Sofa Studio may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Sofa Studio’s intellectual property rights.

We grant permission to copy, display, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of: Placing an order with Sofa Studio or using our site as a shopping tool.

9. Privacy

Sofa Studio will comply with Sofa Studio’s Privacy Statement. Sofa Studio will not reveal your personal information to external organizations except for the purposes of fulfilling your order.

10. Liability

Any liability of Sofa Studio in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Sofa Studio be limited to the replacement of the goods or the supply of equivalent goods.

11. Changes to Terms

Each order is governed by the terms and conditions current when the order is placed. Sofa Studio may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.

12. Applicable Law

All purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL

CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.