TERMS AND CONDITIONS OF SALE

Cloth Noosa and clothnoosa.com ABN 26 638 838 016

ORDO&co Trustee The Trustee for Ordo Family Trust

Terms & Conditions for Cloth Noosa

Applicability and Governing Law

These Terms & Conditions govern all sales, both in-store and online, by Cloth Noosa, located in Queensland, Australia. By placing an order, customers agree to be bound by these terms and the laws of Queensland. Cloth Noosa may revise these terms at any time, effective immediately. Any amendments require written consent from Cloth Noosa.

General

Cloth Noosa sales in store and online, are bound by these Terms & Conditions.
If a customer is under 18 years of age, consent from a parent or legal guardian is required to order from Cloth Noosa.
Cloth Noosa is located in the state of Queensland, Australia. As such these Terms & Conditions are governed by the laws of the State of Queensland.

Changes to Terms & Conditions

Cloth Noosa may revise or amend these Terms & Conditions at any time and such revisions will be effective immediately.
These terms and conditions may only be amended with Cloth Noosa’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the customer and Cloth Noosa.

Ordering

Customers are responsible for providing accurate information when ordering. Placing an order constitutes agreement to pay for and accept the ordered goods. Order confirmation occurs through electronic signature or upon receipt of the deposit payment.
Cloth Noosa has made every effort to ensure the accuracy of prices, images and information displayed on this website and sale quotations.
By placing an order the customer agrees to pay for and accept delivery of the goods as ordered.
Confirmation of orders is via electronic signature and/or making a deposit payment.

Payment

A deposit, not exceeding 50% of the total price, confirms the order and initiates a legally binding contract. Deposits are non-refundable. Cloth Noosa will not begin work or supply goods until full deposit payment. Payment methods include cash, cheque, electronic banking, credit card, or other agreed-upon methods. Prices may be exclusive of GST, and customers are responsible for applicable taxes and duties.
The customer is responsible for ensuring that all details provided to Cloth Noosa at the time of order are current, correct and complete.
The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, makes a payment or accepts a quote for any works to be performed or the delivery of any goods.
At the Business’ sole discretion: (a) a deposit of not more than 50% may be required; (b) any deposit required must be paid in full on acceptance of any quote; and (c) Cloth Noosa will not commence any works or supply any Goods unless any required deposit is paid in full
Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card, or by any other method as agreed to between the Customer and the Business.
Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Business an amount equal to any GST the Business must pay for any supply by the Business under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set-off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Goods will not be dispatched unless payment has been successfully received. If the customer’s payment is unsuccessful, Cloth Noosa may notify the customer and cancel the order.
If a customer’s order is processed by Cloth Noosa, they authorise Cloth Noosa to debit the amount that is payable for the order from their nominated payment method, to pay for the purchase price of the products and any applicable fees and charges.

Cancellation of an Order

Order amendments or cancellations must occur promptly, with written confirmation within one day of order confirmation. In the event of a cancellation, the deposit is non-refundable. Cloth Noosa may reject orders for various reasons, including product unavailability, pricing errors, or customer error. Rejected orders will be communicated to the customer, who will have the option to reconfirm, change, or cancel the order.
If a customer wishes to amend or cancel an order, this must be arranged promptly. Written confirmation of the change/cancellation must be within 1 days of order confirmation.
Cloth Noosa reserves the right not to accept change of mind orders when Cloth Noosa can supply goods on order. Order cancellation will only be accepted with agreeable remedies per order.
Cloth Noosa reserves the right to reject an order for any reason, including but not limited to if the products are not available, if there is an error in the description or price of the requested products as advertised or if there is an error in the customer’s order.
If a customer’s order is rejected by Cloth Noosa, staff will endeavour to notify the customer by email at the time the ordered in placed or within a reasonable time thereafter. The customer will be given the option of reconfirming their order, changing their order or cancelling their order. If Cloth Noosa staff are unable to contact you, the order will be treated as cancelled. If the order is cancelled and the customer has already paid for the products, they will receive a refund within 30 business days, less materials and works applied.
The Cloth Noosa may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Works at any time before the Works are commenced by giving written notice to the Customer. On giving such notice the Business shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to the Business for Works already performed. The Business shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Customer cancels the delivery of custom made works the customer shall be liable for any and all loss incurred (whether direct or indirect) by the Cloth Noosa as a direct result of the cancellation (including, but not limited to, any loss of profits).
Cancellation of orders for goods/products custom made to the customer’s specifications will not be accepted once production has commenced, or an order has been placed and materials purchased.

Pricing

Cloth Noosa may change prices listed on the website at any time. The price that you agree to is the price that is processed during checkout and payment.
All prices are inclusive of GST on the website and exclusive on GST on custom orders forms.
Prices and availability of items are subject to change without notice.

Price Match Guarantee

If a customer finds a cheaper advertised price on an identical stocked item, Cloth Noosa can offer a price match guarantee.
To qualify for a price-match Cloth Noosa requires written evidence of the competitor’s advertised price.
The price match needs to be verified by a Cloth Noosa staff member and approved prior to order.
The price match guarantee excludes trade quotes and stock liquidations and online.

Disclaimers

Images

All product images on the Cloth Noosa website are for illustration purposes only. Colours, shades and packaging may therefore vary from product image and/or description.
Colour images and swatch charts available on the Cloth Noosa website should be considered a close rendition to the actual colour, however they cannot be considered 100% accurate due to variation between computer monitor settings.

Foam Disclaimers

Cloth Noosa has made every effort to provide an accurate description of the different foam grades and the best recommendations based on the application (if selected).
As selecting foam is highly preference-based and all foam is custom cut, Cloth Noosa cannot accept returns for change of mind. If a customer is unhappy with the feel of their foam, they can contact Cloth Noosa to discuss an alternative or solution at an additional cost.
As all foam is cut to the dimensions provided, it is the customer's responsibility to measure and provide dimensions accurately. Cloth Noosa recommends that customers make full use of the guides available to assist them in obtaining and entering the correct measurements. If a customer believes their foam has been cut incorrectly it is recommended that they contact the Cloth Noosa team promptly upon receipt, to discuss this further.

Fabric Disclaimer

While the fabric colours displayed should be considered a close rendition to the actual colour, they cannot be considered 100% accurate due to variation between computer monitor settings. To obtain an accurate indication of the fabric colour, Cloth Noosa recommends requesting a cutting, or visiting a showroom to view the fabric in person. Please note there may be some variation between fabrics from different dye batches.
All fabrics are special order, Cloth Noosa does not offer returns for change of mind. We will not offer returns it you are unhappy with the colour, or the item appears differently than online. To avoid this, please arrange a cutting.
All clearance fabrics are final sale and are not valid for exchange or refund.

Delivery

Delivery Times

Cloth Noosa do not and will not commit to lead times on custom made orders, especially with materials, fabrics and trim and imported / ordered especially per order. Once receipt of materials production may give customers an understanding of lead time of delivery.
Cloth Noosa responsibility to ensure that the custom made works start as soon as it is reasonably possible.
Cloth Noosa custom made works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the Business claims an extension of time where completion is delayed by an event beyond the Business’ control.
Cloth Noosa sole discretion the cost of delivery is included in the Price.
Cloth Noosa may deliver the Works and/or Goods by separate instalments.Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
Any time or date given by Cloth Noosa to the Customer is an estimate only. The Business shall not be liable for any loss or damage whatsoever due to failure by the Business to deliver the Goods or Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of the Business.
Whilst Cloth Noosa endeavours to dispatch all stocked items within 24 hours from receipt of online order, delivery times cannot be guaranteed. An estimated delivery time can only be provided once the order has been picked and courier has been booked.
Once dispatched with a courier, deliveries are in the hands of the designated freight company. Cloth Noosa will advise the freight carrier and consignment note number by email. The customer is able to track the consignment and call the carrier for a more accurate ETA (Estimated Time of Arrival) on the order.
Cloth Noosa cannot schedule a customer’s delivery with the freight company. Cloth Noosa is also unable to request for a courier to call on approach.
The Works will be inspected by the Customer prior to completion of the Works, and if the Customer fails to do so, then they are taken to have done so and to have approved the Works.
The Customer warrants that any structures to which the Goods are to be affixed can withstand the installation of the Goods. If the Business forms the opinion that the Customer’s premises is not safe for the installation of the Goods to proceed then the Business shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 5.2 above) until the Business is satisfied that it is safe for the installation to proceed.
Where the Customer has supplied Goods for the Business to complete the Works, the Customer acknowledges that:
(a) they accept responsibility for those Goods; and
(b) the materials are fit and proper for use to complete the Works.
The Customer agrees to indemnify the Business against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.

Risk

If the Cloth Noosa retains ownership of the Goods then:

where the Cloth Noosa is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either;
the Customer or the Customer’s nominated carrier takes possession of the Goods at the Cloth Noosa address; or
the Goods are delivered by the Cloth Noosa or Cloth Noosa nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
where the Cloth Noosa is to both supply and install Goods then the Cloth Noosa shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
If Customer specifically requests the Cloth Noosa to leave Goods outside the Cloth Noosa’ premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all. If such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer’s expense.

SECURITY AND CHARGE

In consideration of the Cloth Noosa agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Cloth Noosa reserves its right to exercise any rights. Nothing in this clause entitles the Customer to any setoff, however occurring, including but not limited to, the Cloth Noosa failure or delay to exercise any of its rights or register or perfect any interest in any security however occurring. The Cloth Noosa has the exclusive right and sole discretion to pursue the Customer, in any manner open to the Cloth Noosa at law, for the full amount of any monies owing despite any security it may hold and, in any order, or manner the Cloth Noosa deems fit.

11.3 The Customer indemnifies the Cloth Noosa from and against all the Cloth Noosa costs and disbursements including legal costs on an indemnity basis incurred in exercising the Cloth Noosa rights.

Addresses

Cloth Noosa only uses courier/parcel services for delivery. As such it is not possible to deliver to Post office boxes. The customer is required to provide a residential or business street address at the time of order.

Authority to Leave Goods

Where possible, Cloth Noosa recommends that customers use a work address (including business name), where someone will be present to sign during regular business hours.
The customer has an option at the time of order, to give an ‘Authority to Leave’ the items without a signature. In order to avoid delays, Cloth Noosa recommends providing this authority, if there is a chance that no one will be home.
Cloth Noosa recommends that any specific instructions, regarding where the goods are to be left should be included under delivery comments, at the time of order. Cloth Noosa will include these instructions when booking the courier, however Cloth Noosa cannot guarantee that the courier will follow these instructions.
Cloth Noosa does not accept responsibility if goods are damaged or stolen as a result of being left, if an authority to leave is provided. Please see further information regarding this under Title & Risk.

Re-Delivery Fees

The re-delivery process and re-delivery fees are dependent on the courier company who the order was dispatched with.
In the event that no one was available at the delivery address to sign for the goods, and authority to leave has not been provided, most courier companies will charge a re-delivery fee. Cloth Noosa reserves the right to pass on all courier fees related to the attempted delivery of an order.
If a delivery has been attempted, most courier companies will leave a note card advising of their attempt. The goods will then be returned to the depot. Some courier companies will contact the customer to arrange re-delivery, however this is not guaranteed.
If a customer receives a card from a courier, Cloth Noosa recommends that they contact the courier company directly to arrange a suitable re-delivery time. At this stage, the customer may also be able to give the courier an authority to leave, in case the address is unattended again. To potentially avoid a re-delivery fee, the customer may wish to enquire with the courier company regarding whether they allow for orders to be collected from the nearest depot.

Freight Extra Charges

From time to time, extra freight charges may apply outside of the quoted amount displayed on the website. This can be due to: dangerous goods, bulky items, remote locations etc. Unfortunately these charges are set by the courier companies and in these circumstances we will be unable to honour the original freight quote.
We will advise you of any additional charges in advance (before dispatch) and you can choose one of the options below:

Accept the charges, and proceed with the order (we will charge you the extra amount)
Arrange your own courier to collect (at your own expense). We will refund your delivery amount.
If you do not wish to proceed with the order, we can cancel your order and arrange a full refund.

Damaged or Misplaced Delivery

Cloth Noosa requires the damage or loss to be reported as soon as it is noticed. If an item is received that the customer believes has been damaged in transit, the customer is not obligated to sign for the goods, the driver will return the goods to the depot and lodge a damaged goods report.

Collection by Own Courier

Cloth Noosa allows customers to organize their own courier to collect goods. If this arrangement is preferred, the customer must notify Cloth Noosa to confirm. Cloth Noosa will advise if items are available and provide an indication of when the goods will be picked, packaged and ready for collection.
Cloth Noosa requires the customer to advise the name of the courier company collecting and provide us with any reference numbers/documentation required by the courier company to fix to the goods in advance.

Returns

Cloth Noosa does not offer returns for change of mind on special order items such as custom made orders, special-order fabric, custom-cut foam or on clearance items.
For other stocked items Cloth Noosa can offer a replacement, exchange or a refund if preferred within 7 days of purchase.
If the goods you received are incorrect or faulty, the customer must notify Cloth Noosa promptly. For faulty products, Cloth Noosa may require a photograph to demonstrate the fault and identify the issue.
All returns are subject to Cloth Noosa receiving the item back within 7 days of purchase or delivery or collection, unless otherwise authorised by Cloth Noosa. Items must be returned with their original packaging and, unless they were damaged prior to the customer receiving them, must still be in an unused and saleable condition.
Only once returned items are received can a replacement, exchange or refund be arranged.
No claims accepted after 7 days.

Title & Risk

Title of the goods purchased from Cloth Noosa does not pass from Cloth Noosa to the customer until full payment has been received. All risk in the goods passes to the customer upon delivery to the nominated address. This risk is passed to the customer at the time of delivery, irrespective of whether or not a signature is received by the courier.

Cloth Noosa collects, uses, holds and discloses personal information in accordance with the Cloth Noosa Privacy Policy.
Through use of the Cloth Noosa website, Cloth Noosa will receive and store information that is provided or generated by customers. Like most websites, Cloth Noosa uses cookies and other technologies, to collect information including but not limited to the date, time and duration of visits and which pages of the website are most commonly accessed.
Cloth Noosa may use this information for purposes including but not limited to, understanding and measuring customer’s online experiences and determining what products, promotions and services are likely to be of interest to customers. Customers can manage how their browser deals with cookies via their personal browser settings.

Intellectual Property

The content on the Cloth Noosa website is protected by all applicable laws including copyright and trademark laws under the laws of Australia and other countries through international treaties.
With exception to supplier or third party websites, unless otherwise referenced, all content, images and media are property of Cloth Noosa.
The intellectual property and content on the Cloth Noosa website is only to be stored, printed or displayed, solely for personal use. This content is not permitted to be published, manipulated, distributed or otherwise reproduced, in any format, or for use in connection with any business or commercial enterprise.

We trust that you will enjoy satisfaction from your investment in our quality Cloth Noosa products. If you have an issue or concern you would like to discuss with us, please contact Cloth Noosa in Noosa Australia.

Disclaimer of Liability

Cloth Noosa's Product Warranty covers only textile defects and not incidental damage or third-party manufacturing issues. It acknowledges consumer rights under Australian law.

Contact

For any concerns, please contact Cloth Noosa in Noosa, Australia.