Trade Terms and Conditions
Online Store Terms and Conditions
Terminology:
In these terms and conditions, the expressions “we”, “us”, “who” and “our” are a reference to The Stair Factory Pty Ltd ABN: 34 090 864 994 who are the owners of this website. Our registered office is located at 9/80 Box Road Taren Point NSW 2229. The term “you” refers to the user or viewer of our website.
These terms and conditions govern the use of www.thestairfactory.com.au (the ‘Website’) and the purchase of any products from it.
The Website is operated by The Stair Factory (ABN 34 090 864 994). Access to and use of the Website, or any of its associated Products or Services, is provided by The Stair Factory. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.
The Stair Factory reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Stair Factory updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Collection of Personal Information:
Unless you sign up for our newsletter or purchase our products or request a quote, you can visit our website without having to reveal any personal information.
The Stair Factory only collects personal information that is necessary for our business to function and to provide you with the products and services you have requested.
The information we collect and hold may include (but not limited to):
- Your name
- Address
- Contact details
We will in under no circumstances use your personal information for any other purpose than listed below without asking your permission first, or unless authorised and required to do so by law. Furthermore, we will not intentionally pass any information that you have provided to any third party. Generally, we will use your personal information for the following purposes:
- to provide you with the products and/or services you have requested from us
- to establish and maintain your relationship as a customer
- to answer your enquiries
- for administration purposes and managing the products and/or services you have requested from us
- for direct marketing by email
Delivery:
It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. It is the responsibility of you the customer to inform us if an order does not arrive in a timely manner allowing for normal Australia Post delivery time frames to your address. If an order does not arrive, please inform us. Once we learn an order has not arrived within the approximate delivery time frame, we will lodge enquiries with the Australia Post to search for the order. We will not be held liable for any loss or damage resulting from late delivery.
Stair Kits
Stair Kits need to be picked up from our factory or you can arrange a courier to pick it up at your own cost.
Factory address:
Taren Point NSW 2229
We will wrap the stair kits with protective cardboard but we do not take responsibility of any damage to the stair kits once it leaves our premises.
Cancellations:
If you contact us before the order is shipped, we can refund you immediately. However, if the order has already been shipped, you will have to return the consignment to us at the below address. We reserve the right to cancel any order for any reason what so ever. If you have already paid for an item ordered and we choose to cancel, your money will be refunded in full.
Returns & Refunds:
We do not accept returns or exchanges for change of mind purposes.
If you receive a product that you believe is significantly not as described, please contact us. After discussing the issue with us, we will at our discretion refund your money after the return of the product/s. It will be your responsibility to return the items back to our address (at your cost, unless we are at, and have acknowledged, fault) in their original condition before a refund will be issued.
Promotional & Newsletters email:
If you are receiving newsletters and or promotional emails from The Stair Factory and do not wish to receive this information any longer, you may remove your name from our list either by following the “unsubscribe” link in the email, or by emailing us at enquiries@thestairfactory.com.au asking to be removed from our mailing list.
Privacy:
The Stair Factory takes your privacy and security very seriously. We will not give any of your personal information or email address to advertisers or any other third-party organisation without your expressed consent unless required by law.
Please see our full privacy policy here.
General Disclaimer:
(a) You acknowledge that The Stair Factory does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) The Stair Factory will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) The Stair Factory will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of The Stair Factory (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Stair Factory, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Stair Factory including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Stair Factory) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
(a) The Stair Factory’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Stair Factory is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that The Stair Factory, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) The Stair Factory is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Stair Factory, by third parties or by any of the Purchase Services offered by The Stair Factory.
(d) You acknowledge that The Stair Factory does not provide the Delivery Services to you and you agree that The Stair Factory will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
