Terms and Conditions : Paradise Living Co. PTY LTD Trading as: Paradise Living Co 

TERMS & CONDITIONS

1.0 INTRODUCTION

1.1 Paradise Living Co. PTY LTD is an online supplier of homewares and furnishings to Australia, New Zealand, USA and the UK.

1.2 The following terms and conditions apply to your use of the Paradise Living Co. PTY LTD 'Online Store' website, trading as Paradise Living Co, Australian Business Number:  66 651 211 264. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Paradise Living Co. PTY LTD. Paradise Living Co. PTY LTDithout any prior notice to anyone.

1.3 These Standard Terms & Conditions are applicable to all products supplied by Paradise Living Co. PTY LTD and therefore once the quotation is accepted, these Standard Terms & Conditions apply and are agreed to by the Customer.

1.4 A copy of Paradise Living Co. PTY LTD current Standard Terms & Conditions is displayed on the Paradise Living Co. PTY LTD website. Paradise Living Co. PTY LTD may change these Standard Terms & Conditions by changing or removing existing terms or adding new ones. It is the Customer’s responsibility to check these Standard Terms & Conditions regularly for any modifications or updates.

2.0 WARRANTY

2.1 All Paradise Living Co. PTY LTD baths and basins are warranted for:

2.1.1 indoor usage (all baths) 1 years.

2.1.2 white baths installed outside 1 years.

2.1.3 coloured baths are not suitable for outdoor installation where they are under direct sunlight. Coloured baths installed outdoors under direct sunlight are not covered by Paradise Living Co. PTY LTD warranty. Light Grey Baths are more susceptible to watermarks in an outdoor setting with extended use. All baths require regular care, especially with heavy usage.

2.2 This warranty excludes but is not limited to, damage caused by neglect, improper or inadequate care,  improper movement of goods on its side or end, movement by crane, wilful or accidental damage, abnormal conditions, incorrect modification or repair, inappropriate use for which it isn’t designed and deterioration through normal wear and tear and where not installed by an industry qualified tradesperson.

2.3 Warranty does not extend to installation costs for replacement or delayed delivery of products.

2.4 Warranty for natural rattan, stone and timber products and our entire range is 1 year.  This warranty excludes but is not limited to, damage caused by neglect, improper or inadequate care, improper movement of goods on its side or end, wilful or accidental damage, abnormal conditions, incorrect modification or repair, inappropriate use for which it isn’t designed. 

3.0 QUOTATIONS

3.1 Quotations are valid for 14 days

3.2 Paradise Living Co. PTY LTD reserve the right to re-price an expired quotation if the Customer wants to proceed with the original quotation.

3.3 Should there be any changes to the specification, quantities or delivery destination, a revision to the quotation or invoice will be required, as prices and delivery may be affected.

3.4 Although this is an estimate, Paradise Living Co. PTY LTD commit to maintaining these prices subject only to recovery of additional costs incurred by us due to manufacturers’ increases and/or movement in foreign exchange rate from the date of the original quotation in which case Paradise Living Co. PTY LTD reserve the right to retender the quotation.

3.5 Once the Customer confirms the quotation with Paradise Living Co. PTY LTD, then the quotation is fixed and foreign exchange rate fluctuation and increased manufacturers’ costs risk rests with Paradise Living Co. PTY LTD excluding Customers revisions outlined but not limited to clause 3.3.

4.0 PAYMENT

4.1 All prices are quoted in Australian currency including GST

4.2 Payment is to be made to Paradise Living Co. PTY LTD bank account supplied

4.3 Credit card payments will attract a fee of 1.2%

4.4 For indent orders:

4.4.1 A 50% deposit is required on receipt of the invoice. Please note the Customers order will NOT be ordered from the manufacturer until the deposit is paid.

4.4.2 The balance of payment is required as soon as the Customer’s product is within one week of arriving in country.

4.5 For retail orders, full payment is required on receipt of the invoice.

4.6 Paradise Living Co. PTY LTD reserve the right to charge storage on goods that remain unpaid. However, if paid in full, Paradise Living Co. PTY LTD will store Customer’s goods for up to a period of 1 month free of charge. After this time period customers will be charged $90 per Consecutive month. Baths will be stored for up to a period of 2 months free of charge if the order is paid in full, and will incur a $90 warehouse fee for each month that extends past this period.

4.7 Unless agreed otherwise, all goods will be paid for in full, prior to despatch or collection.

5.0 INDENT ORDERS

5.1 Indent orders have a delivery lead time of between 10-12 weeks from the date that the deposit is received.

5.2 Refer to Clause 4.4.1 & 4.4.2 for indent payment requirements

5.3 If Paradise Living Co. PTY LTD are unable to deliver the indented goods within the time frame referred to in clause 5.1, then Paradise Living Co. PTY LTD will be permitted a further 4 weeks to complete the order with no cancellation. If there are further delays experienced, the Customer has the right of cancellation and a full refund subject to final confirmation by Paradise Living Co. PTY LTD Directors.

5.4 In the event we are unable to complete the Customers indented or retail order due to circumstances beyond Paradise Living Co. PTY LTD control, Paradise Living Co. PTY LTD may cancel the Customer’s order with written notice and either refund the Customer fully or replace it with another product of the Customer’s choice.

6.0 DELIVERIES & WAREHOUSE COLLECTIONS

6.1 Transport deliveries are contracted out to a 3rd party contractor which provides deliveries on a warehouse to kerb basis.

6.2 Unless a forklift is on the delivery site, a tail-lift truck will be used in the case of delivering heavy objects over 50kgs and the additional cost of this will be included in the freight. Items up to 35kg can be handled by the driver if the size permits. After that the driver will need assistance. Two people can carry up to 50kgs which can include the driver and the receiver.

6.3 It is the Customer’s responsibility to supply the correct and full address. Failure to do so, may result in additional charges which the Customer will be required to pay prior to the goods being despatched again.

6.4 Unless it has already been included within the invoice, split deliveries resulting in two or more separate deliveries will incur additional transport charges which are required to be paid prior to despatch.

6.5 If you require delivery to an unattended location or building site, the Customer must instruct Paradise Living Co. PTY LTD in writing. Goods will be left at the Customer's sole risk. Paradise Living Co. PTY LTD shall not be responsible for any claims, damages, costs, or expenses arising or resulting there from including any claim that the goods were not delivered. The contractor is not permitted to deliver to inside a building.

6.6 All goods delivered to the Customer’s premises must be inspected within 48 hours of receipt of the delivery docket.

6.7 If required Paradise Living Co. PTY LTD can recommend an additional service team of onsite delivery service people at an extra cost i.e. carrying furniture upstairs to location.

6.8 Paradise Living Co. PTY LTD will not be responsible for any failure to fulfil any or part of any such order, nor entitle the Customer to cancel or vary any such order. Paradise Living Co. PTY LTD will not be held liable whatsoever for any loss, consequential damages or compensation arising from a delayed or cancelled order. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the Customer will be at the Customer’s cost.

6.9 Paradise Living Co. PTY LTD may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.

6.10 Delivered goods may not be returned unless defective or damaged in transit.

6.11 The Customer or the Customer appointed Transport Company can pick-up the Customer’s goods from Paradise Living Co. PTY LTD warehouses only if required. In exceptional circumstances we will permit pickup from our other warehouses dependant on availability etc

6.12 24 hours notice is required prior to Customer pickup. Any urgent pick up may result in additional charges.

6.13 The warehouse will assist with loading the goods, but it is the Customer’s sole responsibility to secure the goods for transport. Once the goods have been loaded, then the transport and handling thereafter is entirely at the Customers risk.

7.0 DIMENSIONS & DESCRIPTIONS

7.1 Paradise Living Co. PTY LTD and its affiliates attempt to be as accurate as possible in the description and dimensions of the goods. However, Paradise Living Co. PTY LTD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Paradise Living Co. PTY LTD itself is not as described, the Customer’s sole remedy is to return it in unused condition.

7.2 The Customer is entirely responsible for ensuring the goods purchased are fit for purpose in terms of shape, size and colour and agrees to the same once the Customer order is confirmed.

7.3 The handmade nature of our products will mean there will be a variance between the goods versus the photo seen online. 

8.0 CANCELLATIONS / RETURNS

8.1 If the goods sold are a normal stock item and the order is cancelled before despatch, a store credit will be allocated to your order minus any fees occured to Paradise Living Co. PTY LTD and also is subject to final approval by Paradise Living Co. PTY LTD Directors.

8.2 If the goods are a normally stocked item and in transit from the manufacturer, a full refund will be made to your bank account subject to final approval by Paradise Living Co. PTY LTD Directors.

8.3 Custom made goods or special orders may not be returned and refunded unless at Paradise Living Co. PTY LTD Director’s discretion.

8.4 If approved byParadise Living Co. PTY LTD Directors, goods that have already been delivered to the Customer may be subject to a 20% restocking fee prior to return to the warehouse plus other associated costs.

8.5 In any event, returns will not be accepted back if the goods AND the crate is not in its original condition including original packaging

8.6 Goods on sale, whether on clearance ex showroom or stock cannot be returned or exchanged. 

8.7 In the event of change of mind Paradise Living Co. PTY LTD can offer an exchange within 7 days of receipt of the item, if not in stock Paradise Living Co. PTY LTD can offer a store credit. 

9.0 INSURANCE / CLAIMS

9.1 All goods delivered to the Customer’s premises must be inspected within 24 hours of receipt of the delivery docket.

9.2 If any damage is noted, the Customer must notify Paradise Living Co. PTY LTD within 24 hours of delivery and in writing within 24 hours of delivery providing proof of damage and images to hello@paradiselivingco.com.au (Australia).

9.3 Claims will not be accepted by Paradise Living Co. PTY LTD after 24 hours of receipt of the delivery docket.

9.4 Claims may be subject to inspection and if requested must be returned in their original packaging.

10.0 ENFORCEMENT

10.1 If an event of default occurs, or is continuing, Paradise Living Co. PTY LTD may immediately enforce these Terms. Without limitation this includes:

10.1.1 retaking possession of any goods not paid for by the Customer;

10.1.2 suspending delivery of any goods on order and/or refusing to process any unfulfilled order;

10.1.3 enforcing any security interest;

10.1.4 requiring payment of any proceeds held by the Customer in a separate account or otherwise;

10.1.5 appointing a receiver and manager of any of the Customer’s real or personal property. The Customer agrees that any such receiver and manager has the powers conferred by statute, at law or in equity.

The powers exercisable by Paradise Living Co. PTY LTD are those given by these Terms including by statute, at law or in equity.

10.2 The Customer will pay Paradise Living Co. PTY LTD for its expenses, including mercantile agent’s fees and any fees and commission paid to mercantile agents engaged by Paradise Living Co. PTY LTD in relation to the actual or contemplated enforcement of the supply agreement including legal costs and expenses on a full indemnity basis.

11.0 DISPUTES

11.1 If a dispute arises in connection with the supply of any goods or otherwise, the Customer agrees to payParadise Living Co. PTY LTD as a condition of any dispute the amount of any disputed invoice. Such invoiced amount is to be held by Paradise Living Co. PTY LTD in an interest bearing deposit account until resolution of the dispute. To the extent permitted by law, until complied with, the obligation to pay the invoiced amount shall operate as an absolute bar to any defence, claim or action by the Customer.

12.0 RISK & TITLE

12.1 Risk in any goods passes to the Customer on delivery.

12.2 Title remains with Paradise Living Co. PTY LTD until the Customer has paid Paradise Living Co. PTY LTD for all goods supplied in full and in cleared funds. Until title passes to the Customer, the Customer will hold them on trust and as bailee for Paradise Living Co. PTY LTD.

13.0 FORCE MAJEURE

13.1 Paradise Living Co. PTY LTD is not liable for any delay or failure to perform any obligation in the Customer’s favour arising as a result of any event beyond Paradise Living Co. PTY LTD control.

14.0 GOVERNING LAW

14.1 These terms are governed by the Laws of New South Wales. The Customer submits to the non-exclusive jurisdiction of any New South Wales court or Tribunal and waives any rights to claim that courts there are an inconvenient forum.

15.0 EXCLUSION OF IMPLIED TERMS

15.1 To the extent permitted by law, Paradise Living Co. PTY LTD excludes all conditions, warranties, terms and consumer guarantees implied by law arising in connection with a supply of goods or services. To the extent permitted by law, Paradise Living Co. PTY LTD limits its liability in its discretion to replacing the goods or supplying equivalent goods, or, in the case of services, by supplying the services again. The Customer will rely entirely on its own knowledge, skill and judgment in selecting goods which it orders from Paradise Living Co. PTY LTD from time to time.

16.0 LIMITATION OF LIABILITY

16.1 To the extent permitted by law, Paradise Living Co. PTY LTD excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods and services for any indirect damages or losses, or for any special, punitive or exemplary damages. This includes any liability for a claim that the goods are not fit for a particular purpose, except where the goods are consumer goods or services in which case Bolt Traders Pty Ltd’s liability is limited as under clause 16.

17.0 SECURITY AGREEMENT

17.1 The Customer agrees that these Terms, including any order and invoice covering any goods ordered by the Customer, constitute a security agreement for the purposes of the PPSA.

18.0 CONSENT

18.1 The Customer agrees that Paradise Living Co. PTY LTD may, subject to the Privacy Act, disclose commercial credit-related information of the Customer, or in the case of a Company, of the proprietors of the Customer, to credit reporting bodies for the purposes of assessing credit worthiness and providing the credit to the Customer. The Customer consents to the collection of commercial credit-related information about the Customer, from credit reporting bodies and other sources in accordance with the Paradise Living Co. PTY LTD Privacy (Credit Information) Policy, located on its website. The Customer also agrees that Paradise Living Co. PTY LTD may use personal information other than commercial-credit related information for direct marketing.

19.0 PRIVACY

19.1 Paradise Living Co. PTY LTD warrant that all Customer details shall remain confidential to Paradise Living Co. PTY LTD unless required for delivery purposes or instructed by law.

20.0 GENERAL

20.1 The Customer will advise Paradise Living Co. PTY LTD in writing, if it changes its name, its structure or officers or management, its registered office, become a trustee of any trust or if the constitution of any partnership of which it is a member changes.

20.2 Any certificate signed by Paradise Living Co. PTY LTD, any director or any person authorised by Paradise Living Co. PTY LTD as to the amount due and payable by the Customer or as to the delivery of goods is conclusive evidence of such matters as at the date of any such certificate unless proven wrong.

20.3 If any provision of these Terms is unenforceable for any reason, it will not invalidate any other provision which will remain in full force and effect despite that invalidity.

20.4 These Terms contain the entire agreement in respect of the supply of goods or services to the Customer.

20.5 Paradise Living Co. PTY LTD may at any time set off any amount Paradise Living Co. PTY LTD owes the Customer against any amount payable by the Customer to Paradise Living Co. PTY LTD whether or not the amount owed to Paradise Living Co. PTY LTD is due and payable or actually or contingently payable by the Customer.