Terms and Conditions
All Products sold on this website (www.laura-ashley.com.au) or at any retail store owned or operated by us are sold subject to these Terms and Conditions. Nothing mentioned in our Terms and Conditions affects your statutory rights.
In these Terms and Conditions, the words and expressions below have the following meanings:
- 'Appointment Date' means 7 January 2016.
- ‘Essential Buy Furniture’ is Upholstery Furniture available in only one or a limited number of options and not made to your order and specifications.
- ‘Express Furniture’ is Upholstery Furniture available in only one or a limited number of options and not made to your order and specifications.
- ‘Furniture’ includes beds and cabinet items such as wardrobes, chests of drawers, bedside tables, tables, coffee and console tables, occasional furniture, display cabinets, dining chairs, mirrors, and mattresses. ‘Home Furnishings’ means manchester, cushions, throws, lighting, china, giftware, towels, fabric, wallpaper, and excludes Furniture, Upholstery, Express Furniture, Essential Buy Furniture and Made to Measure.
- ‘Made to Measure’ means Products such as curtains, blinds, cushion covers, arm caps, bedspreads and valances made to measurements and specifications provided by you.
- 'Personal Information' means as the meaning given to that term by the Privacy Act 1988 (Cth) and any associated amending legislation or requirements;
- 'PPSA' means the Personal Property Securities Act 2009 (Cth).
- 'PPSA Proceeds' means all proceeds (within the meaning of section 31 of the PPSA) arising from any sale of, disposal of or other dealings of any nature with the Products, including any debts or accounts, cash or cash equivalent.
- ‘Product(s)’ means any Laura Ashley good(s) sold to a customer.
- 'Security Interest' has the meaning given to that term in section 12 of the PPSA.
- ‘Self-Assembly” means Furniture packed for assembly by the customer.
- ‘Upholstery’ means Products that are upholstered in fabric or leather such as sofas, chairs, footstools and headboards.
- ‘we’, ‘us’, ‘our’ and 'Laura Ashley' means L Ashley (Australia) Pty Ltd.
- ‘you’, ‘your’ or 'customer' means a customer of Laura Ashley either through this website or in any retail store owned or operated by us.
Your order becomes binding as soon as we have accepted it. We are not bound to accept an order, and an order is not deemed to have been accepted by us, unless and until:
- we notify you of our acceptance of the order; or
- we commence performance of the order.
All orders are subject to availability. If a Product you have ordered is out of stock online, we will attempt to locate that Product at another store, and dispatch it to you as soon as the Product becomes available. No additional postage charges apply. We will notify you if a Product has sold out across all stores. Furniture and Upholstery orders are subject to variable freight charges that depend on the Product (and its dimensions) ordered and your delivery address. These charges may be in addition to the amount paid as part of your transaction on the website (or in store). Furniture and Upholstery orders will not be confirmed until delivery charges have been established and accepted by you.
On and from the Appointment Date Laura Ashley will not accept any Made to Measure orders.
You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements, including specifications, measurements, dimensions, product features, access and delivery. Orders received after 3:00pm (Australian Eastern Time) are processed on the following working day after acceptance.
We will not be liable for any liability, loss or inconvenience of any kind incurred, sustained or suffered by the customer as a result of:
- any failure by Laura Ashley to deliver any Products ordered to the delivery address nominated by you by the date for delivery requested by you (if any) in respect of the relevant order; or
- any cancellation by us of an order.
We may from time to time, offer promotional offers on purchases made through our website and physical stores. All offers and promotions are at Laura Ashley's sole discretion and are subject to variation or withdrawal without notice. Offers and promotions cannot be applied to previously purchased items.
PRODUCT DESCRIPTIONS, COLOURS AND UNIQUE FEATURES
Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed in our shops or shown in our magazine or online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations, which all add to the unique features of our Products. Possible variations include:
- Colours may vary slightly from those displayed by your monitor. If you are unsure, please visit one of our stores to view the item in person.
- All measurements are approximate. Please allow +/- 2 cm variance on sizes stated.
- Leather is a natural product and characteristics such as shade variation, random scars and blemishes should not be misinterpreted as defects. Scratches and marks may occur through everyday use, and all high-grade leathers will mould uniquely to body shapes.
- Many of our Furniture Products are individually hand finished and there may be differences between batches. These will be more apparent if orders are placed at different times.
- As part of the design, some Furniture and Upholstery is hand finished to appear distressed. This will vary between Products and is not a defect.
- On fabric the shade may vary slightly from one printing batch to another.
- There is a 3% allowance on fabric alignment.
- We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.
- Prices are stated in Australian dollars, inclusive of GST for Australian customers.
- Prices exclude delivery charges unless otherwise stated.
- Prices on this website relate specifically to Products offered for sale on this website and may not necessarily apply in Laura Ashley stores. Prices in Laura Ashley stores for Products will be as advised at the time of purchase.
You may make payment using Visa, MasterCard or Bank Transfer or Paypal. You confirm that the card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery and your order will be automatically cancelled.
No Laura Ashley Gift Cards can be used for payment on this website or in any Laura Ashley store in Australia unless otherwise advised by us from time to time. Any Laura Ashley Gift Cards issued prior to the Appointment Date will be dealt with in accordance with the terms set out at https://www.laura-ashley.com.au/gift-cards/ (Gift Cards).
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website and in any Laura Ashley store are correct at the time when the relevant information was uploaded onto the system or published in store.
Although we aim to keep the website as up to date as possible, the information including Product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this website is the owned by Laura Ashley or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors.
All of our Products are designed for domestic use. Products may not be suitable for non- domestic purposes and Laura Ashley provides no warranties or guarantees in respect of the use of any Products for those purposes.
RISK OF DAMAGE IN TRANSIT AND PROPERTY
The risk of loss or damage to the Products is transferred from Laura Ashley to the customer at the time the Products are shipped from Cnr Salmon Street & Woolboard Road, Port Melbourne, to the customer in accordance with these Terms and Conditions.
- All title and ownership to any Products will remain with Laura Ashley and does not pass to you until all money has been paid in full for the relevant Products, including any delivery charge (if applicable).
- Until full title to the Products transfers from us to the customer, the customer must not create or grant an interest in or in respect of the PPSA Proceeds in any way, including by:
- mortgaging, charging, or otherwise granting any Security Interest; or
- debt factoring or receivables financing,
any other person without our prior written consent.
- Whenever the doing of anything by the customer is dependent upon the consent, approval or satisfaction of us, we may withhold our consent or approval or give it conditionally or unconditionally, and may be satisfied or unsatisfied in each case in our absolute discretion.
- Any conditions imposed on the customer under this clause 11 must be complied with by the customer.
- The customer agrees that we may require the customer, as a condition of consent under this clause 11, to undertake in writing to us to immediately remit to us the amounts received in connection with any PPSA Proceeds as determined by us, or to procure that any third party agrees to do so.
- If the customer loses the customer's right to sell or deal with the Products under these Terms and Conditions, then the customer must return any Products in its possession to Laura Ashley on written demand. If the customer does not return the Products to Laura Ashley within 24 hours of receipt of a demand referred to in this clause, then without limiting any other rights or remedies Laura Ashley may have:
- we may do all things necessary to retake possession of the Products, without liability for trespass or any resulting damage to the customer;
- we may keep, sell, resell or otherwise deal with any of the Products repossessed under this clause in any manner whatsoever on such terms as Laura Ashley may determine;
- the customer is liable for all costs associated with the exercise by Laura Ashley of its rights under this clause (together with any direct, indirect or consequential loss suffered or incurred by Laura Ashley as a result of the customer failing to comply with these Terms and Conditions or losing the right to deal with the Products), which losses, costs and expenses are payable to Laura Ashley on demand; and
- the customer indemnifies Laura Ashley and must keep Laura Ashley indemnified against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Laura Ashley or which Laura Ashley may pay, sustain or incur as a direct or indirect result of the exercise by Laura Ashley of Laura Ashley's rights under this clause.
To qualify for Spend Rewards, customers must be registered Spend Rewards Program Members.
Spend Reward levels are as follows: Spend $150 get a $20 reward
Spend $250 get a $30 reward
Spend $500 get an $80 reward
Spend over $1000 get a $200 reward
Rewards will be issued electronically and may be redeemed online or in store on their next shop and may take up to 10 business days to appear on their account from the time their qualifying purchase is dispatched, and will expire after 30 days. Members will be informed of issued rewards via their registered email address and will be available to be viewed online.
- Subject to this clause 13 and to the maximum extent permitted by law, we are not liable to the customer or to any other person for:
- any loss or damage of any kind caused by or resulting from any act or omission of a customer; or
- any loss of profits or anticipated profits, economic loss, loss of business opportunity, loss or damage resulting from wasted management time or any special, incidental, indirect or other consequential loss or damage, even if notified of the possibility of that potential loss or damage and irrespective of whether it is due to negligence, breach of contract or any other cause.
- Any guarantee, representation, warranty, condition or undertaking that would be implied in our Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
- Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on a customer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.
- To the maximum extent permitted by law, our liability for a breach of a non-excludable guarantee, condition or warranty referred to in this clause 13 is limited, at our option to:
- the replacement of the Products or the supply of equivalent products;
- the repair of the Products;
- the payment of the cost of replacing the Products or of acquiring equivalent products; or
- the payment of the cost of having the Products repaired.
- Notwithstanding any other provision in this clause, credit will be issued, or a refund granted, to a customer when a Product is returned, if Laura Ashley is required to do so under the Australian Consumer Law.
- The customer acknowledges and agrees that Laura Ashley may from time to time, collect, use or disclose Personal Information provided by a customer or otherwise collected by Laura Ashley:
- The customer collects and uses Personal Information referred to in this clause 14 as described in the