Terms and Conditions

1 Introduction

1.1 Thank you for choosing The Rug Est. (The Rug Establishment) - Subject to the exceptions in clause 2 ,these Terms and Conditions of Sale (Terms) apply to all purchases of any The Rug Establishment’s. product including a made to order The Rug Establishment product (Products).

1.2 In these terms we, our, us The Rug Establishment and similar expressions, refer to The Rug Establishment Pty Ltd ACN 116619740

1.3 You, your, and similar expressions, refer to you, The Rug Est’s customer or prospective client.

2 Clearance Products

2.1 Clearance Product refers to any goods which are offered for sale or sold by The Rug Establishment where those goods are offered as is and have no extended warranty beyond the statutory rights available in Australia:

  1. identified and promoted as being a “Clearance” item (or similar title); or
  2. identified and promoted as being used (not new) or returned products; or
  3. identified and promoted as being products which are, or may be, defective, damaged, flawed or otherwise of substandard quality; or
  4. sold at discount to the normal retail list price due to being defective, damaged, flawed or otherwise of substandard quality; or
  5. for sale in the course of a “Clearance Sale” (or a promotional sale with a similar title) conducted by The Rug Establishment.

3 Placing an Order

3.1 The Rug Establishment reserves the right, acting reasonably, to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.

3.2 When a deposit is accepted by The Rug Establishment relating to your purchase of the Products, the order becomes immediately binding on The Rug Establishment and you agree to all of the terms and conditions set out in these Terms.

3.3 When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

4 Prices

4.1 The prices for Products are in Australian dollars and inclusive of GST.

4.2 Delivery and access check costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.

4.3 All additional costs payable by you pursuant to these Terms are payable to The Rug Establishment at such times as you are notified by The Rug Establishment from time to time.

5 Payment

5.1 A deposit is required at the time of placing the order. We will notify you of the deposit required before we process the order.

5.2 Full payment must be received by cleared funds into The Rug Establishment’s bank account before final delivery. The reference to ‘full payment’ means: the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit previously paid by you will be applied by us towards part payment of the price of the Products.

5.3 Late payments shall attract both a daily interest charge (as per the appropriate government default interest charge, as well as an admin fee of $150. Further - payments made later than the due date shall trigger the removal of any negotiated discounts (including trade program discounts).

5.4 Payment can be arranged by bank transfer (EFT), credit or debit card, finance (subject to approval) or cash.

5.5 Company or personal cheques are not accepted for the purchase of any Products.

5.6 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges). This does not include credit card fees.

5.7 At the time that you place your order and pay the deposit for that order, we will issue you with a document called a Sales Order that specifies the details of your order. The Sales Order becomes a proof of purchase after we receive your full payment, but will be converted to a Tax Invoice after payment and/or delivery has occurred.

5.8 Product Specific terms:

Stock Items (items that are available for immediate purchase): - All in stock items must be paid for within 7 days of placing order - All back-ordered items require a 50% holding deposit and full payment within 7 days of item being available. Sales shall be automatically cancelled if payment is not made.

Custom Orders: - 50% Deposit required on placement in order to commence manufacturing custom items - Due Date for payment is indicative only due to production timeline changes - All items must be paid for within 7 working days of item being available. If a custom made item is made earlier than the original due date, then the due date will not be brought forward any earlier than the original due date.

5.9 Abandoned Orders - if requests for balance payments are ignored for more than 30 days, the Sales Order will be considered abandoned and any deposit forfeited.

5.10 International Orders - the purchasers shall bear all responsibility for local charges when importing the item into a country other than Australia - including local taxes and duties payable. Customs authorities charges or brokerage fees must be paid for by the purchasers prior to release of goods. A freight forwarding agent will be sent to the purchaser prior to the product arrival to arrange this directly.

6 Risk and Title

6.1 All risk in Products passes to you on delivery or pick-up as specified below.

  1. If we deliver the Products, delivery occurs immediately after the Products are unloaded at the delivery address; and
  2. if you request to pick up the Products from a The Rug Establishment warehouse or showroom, delivery occurs just prior to the Products being loaded onto transportation at the The Rug Establishment warehouse, or once the Products are collected by you in the showroom, as applicable.

6.2 For warehouse collections, you are solely responsible (and therefore you accept the entire risk) for moving the Products from the warehouse pick-up point and loading into your vehicle. You are responsible for arranging for pick-up, loading, and receipt of picked-up Products. Our personnel are not authorised to assist you in doing so, and The Rug Establishment will not be liable for any loss or damage incurred, if they do so.

6.3 All title in the Products passes to you upon receipt by The Rug Establishment of the full payment for the Products and all other charges payable by you pursuant to the Sales Order and these Terms.

7 Delivery or Collection

7.1 At the time of placing your order, you may nominate to have the Products delivered to you or collected by you.

7.2 If you nominate collection:

  1. Collection may be from our warehouse or one of nominated The Rug Establishment showrooms, subject to clause 7.2(b)and 7.2(c).
  2. The Rug Establishment reserves the right to make the final decision regarding the viability of having a large item to be collected from a showroom, due to OH&S restrictions - such as an item that requires more than two persons to move it.

8 Correct Address and Access to Premises

8.1 You must ensure correct delivery address details are provided to The Rug Establishment at the time of order placement. We cannot deliver to PO Boxes. A person over the age of 18 years who is able to accept delivery must be available in person to accept the delivery of your order.

8.2 You must notify The Rug Establishment in advance if it is possible that accessing the delivery address will be difficult (e.g. if there are staircases or narrow passages).

8.3 You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and/or removal of The Rug Establishment items, as applicable. Any extra costs incurred to book a re-delivery will be added to the final balance payable prior to the re-delivery appointment.

9 Storage Options

9.1 You can defer delivery and we will store your order at no extra cost for up to four weeks beyond the prearranged Delivery Date (Free Storage) provided that:

  1. your order is ready in full in our warehouse; and
  2. you must request the Free Storage option by notifying us at least 1 week before the Delivery Date.

Your order will be stored by us until the next Delivery Date (which must be within four weeks). This deferral and Free Storage option is available once only, with respect to an order.

9.2 You can request deferred delivery and pay for up to 4 weeks of additional storage in our warehouse (Extended Storage). You must request the Extended Storage option by notifying us at least 1 week before the Delivery Date. A fee quotation will be provided to you (based upon total volume of storage space occupied by your order) so that you can decide whether to accept the Extended Storage Option. Pricing starts at $25 per item per week (or part thereof) plus any administration fees. Your order will be stored by us at your cost, until the next Delivery Date (which must be within four weeks). This deferral and paid Extended Storage option is available once only, with respect to an order.

9.3 After either one of the alternative storage options in clauses 11.1or 11.2 is exhausted, delivery must be received. Contact your local relevant The Rug Establishment sales team to arrange this.

10 Delivery

10.1 If you do not accept delivery or collect your Products within 14 days of the delivery date, then immediately on expiry of the Delivery Period, The Rug Establishment will:

  1. if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If The Rug Establishment delivers your order to a storage facility of your choosing, The Rug Establishment relinquishes all liability for the order. The Rug Establishment may assist you with arranging a storage facility. (Refer to Storage Options, above);
  2. if you have not paid the full purchase price or if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:
    1. Agree to forfeit the deposit paid, or, if the Products are clearance stock, the full price of the Products; and
    2. Will have no further claim to the Products; and
    3. The Rug Establishment may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

11 Cancellation of Order

11.1 Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the The Rug Establishment Showrooms or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order The Rug Establishment will rescind the contract for sale of the Products by notice to you and you:

  1. agree to forfeit the full deposit up to $500 paid in payment for The Rug Establishment’s administrative costs and expenses incurred in handling and cancelling the order, and to receive the balance of any deposit paid by refund to your credit card, debit card or bank account, depending on how you made the initial deposit, if the manufacture of your Products has not commenced; and
  2. agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and
  3. will have no further claim to the Products, and
  4. The Rug Establishment may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

12 DELAY IN DELIVERY OF YOUR ITEM/S

12.1 The Rug Establishment will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control, except to the extent that the delay was caused by The Rug Establishment’s negligent act or omission.

12.2 We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, The Rug Establishment’s liability will be limited, at The Rug Establishment’s option, to resupplying the Products at a different time.

12.3 If at any time after receiving an order from you, The Rug Establishment, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays The Rug Establishment from supplying some or all of the Products set out in an order by the estimated delivery date, The Rug Establishment may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 11 days or more, without any liability to you.

12.4 In this paragraph:

  1. Force Majeure Event means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond The Rug Establishment’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time The Rug Establishment receives an order from you; and
  2. Insolvency Event means any one or more of the following events:
    1. a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
    2. a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
    3. it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
    4. anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

13 Product Variations and Specifications

13.1 Your product may exhibit different characteristics to the sample in the The Rug Establishment showroom or images on the The Rug Establishment website. Please note that textiles may vary in appearance and characteristics such as creasing and the degree of softness. Poms and samples are an approximate guide only as textiles vary in colour and texture.

13.2 Your Product may be made within a 3% size tolerance due to the natural individuality of hand made items. Whilst all care is taken during the production process to make items to the specified dimensions, finished sizes may vary - and when this occurs our QA team will reach out to discuss mitigation options before sending the item ex-works.

14 Product Suitability

14.1 Please choose carefully as The Rug Establishment will not provide you with a refund or exchange simply because you have changed your mind, or the Products did not meet your expectations. The Rug Establishment will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by The Rug Establishment. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. The Rug Establishment will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

15 Warranty

15.1 The Rug Establishment offers a warranty to cover its products, published separately on our website.

16 Liability

16.1 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and The Rug Establishment is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

  1. any increased costs or expenses;
  2. any loss of profit, revenue, business, contracts or anticipated savings;
  3. your use or misuse of the Products;
  4. any act, omission or negligence by you, your agents or representatives;
  5. any loss or expense resulting from a claim by a third party; or
  6. any delays in delivery of the Products;
  7. any special, indirect or consequential loss or damage of any nature whatsoever caused by The Rug Establishment’s failure to complete or delay in completing the order to deliver the Products.

16.2 In circumstances where The Rug Establishment’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of The Rug Establishment for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to The Rug Establishment in respect of the Product giving rise to the liability.

17 Inspection of Products on Delivery and Claims

17.1 You must inspect your Products when you take delivery of them and you may be required to note any damage on the delivery documentation which is presented to you upon delivery.

17.2 In all other cases, to make a claim you must notify The Rug Establishment of any damage to the Products or shortages in delivery promptly after receiving delivery. To make a claim:

  1. contact your local sales team via phone; or
  2. contact us via sales@therugest.com

17.3 When you notify us of a claim, you must provide the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it may delay our ability to process your claim in a timely manner or we may deny your claim.

17.4 Non-conformity of or defect or damages in any part of the ordered Products does not entitle you to reject any ordered Products which are free of such non-conformity, defect, or damages.

18 Accuracy of Information

18.1 While The Rug Establishment aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While The Rug Establishment has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. The Rug Establishment does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on the The Rug Establishment website is different to the price displayed in a The Rug Establishment Showroom, the price displayed in the The Rug Establishment Showroom will be considered the correct price.

19 Intellectual Property

19.1 You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of The Rug Establishment.

19.2 You will not knowingly allow any intellectual property belonging to The Rug Establishment to be reverse engineered, pirated or copied or breached in any other manner. The Rug Establishment may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of The Rug Establishment's intellectual property rights.

19.3 The Rug Establishment does not assume any intellectual property rights of any designs that have been provided by the client. The Rug Establishment does not, by virtue of these terms and conditions or the act of manufacturing, assume, acquire, or receive any ownership, license or residual rights in the Client intellectual property or the final design. The Rug Establishment’s involvement is strictly limited to the execution of the manufacturing process as per the Client's specifications.

19.4 The Client warrants that:

19.4.1 Right to Use: They are the sole and exclusive owner of all intellectual property rights in the Client IP, or have secured all necessary licenses, permissions, and rights to provide the Client IP to the The Rug Establishment for the manufacturing of the Product, and that the The Rug Establishment's use of the Client IP for this purpose will not infringe upon the intellectual property rights, privacy rights, or any other proprietary rights of any third party.

19.4.2 Indemnity: The Client shall indemnify, defend, and hold harmless the The Rug Establishment, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to any actual or alleged breach of the warranty in Section 19.4.1, including any claim that the Product, by reason of its manufacture according to the Client IP, infringes upon the intellectual property rights of any third party.

20 Privacy

20.1 We may collect personal information in connection with The Rug Establishment’s dealings with you. If so, we will abide by The Rug Establishment’s Privacy Policy, a copy of which is available on The Rug Establishment’s website and by request.

21 Indemnity

21.1 To the full extent permitted by law, you will indemnify The Rug Establishment and keep indemnified The Rug Establishment from and against all liability, loss or damage The Rug Establishment may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you. The scope of this indemnity is reduced to the limited extent that The Rug Establishment has contributed to any liability, loss or damage which is the subject of the indemnity.

22 Governing Law

22.1 These Terms will be governed by and construed in accordance with the laws of Queensland in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

23 General

23.1 Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between The Rug Establishment and you for the purchase of the Products.

23.2 If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

24 Contact

For further information please contact The Rug Establishment Sales support via your local sales team or showroom.