CRANBERRY DESIGN TERMS AND CONDITIONS
1.1. These Terms and Conditions apply to you, the Website user and your usage of the Cranberry Design and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2.1. In these Terms and Conditions:
“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in a Cranberry Design quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL www.cranberrydesign.com.au and operated by Cranberry Design.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Milan Direct will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Milan Direct takes no responsibility for any such damage which may arise in connection with your use of the Website.
4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified.
4.2. All prices listed on the Website include all applicable taxes unless otherwise specified.
4.3. All prices displayed on the Milan Direct website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.6 Free shipping offers are given at the sole discretion of Cranberry Design and may incur additional charges for delivery to remote areas as defined by Cranberry Design.
4.7 Cranberry Design reserves the right to refuse a sale.
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
6.1. You may place an Order by filling in the Order Form on the Cranberry Design Website and clicking the "confirm" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions
6.2. Orders will be deemed to have been received by Cranberry Design at the time Cranberry Design sends an Order confirmation to your nominated e-mail address.
6.3. Cranberry Design is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. Cranberry Design reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. Cranberry Design, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.8. Cranberry Design reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. Cranberry Design accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7.1. Cranberry Design currently accepts Visa/Mastercard and Direct Deposit via EFT.
7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3. If your nominated payment method triggers Cranberry Design internal suspect transaction protocols, Cranberry Design may contact you to confirm additional details, or rescind the transaction.
8.1. All purchasers via the Cranberry Design website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.
8.2. Once an order has been dispatched to the customer by Cranberry Design in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is Cranberry Design then liable to refund the delivery fee paid by the customer.
8.3. Cranberry Design is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Cranberry Design nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by Milan Direct to a customer in relation to delivery will be from a third party, and as such Cranberry Design will not guarantee the accuracy of such information. Milan Direct will provide customers with tracking information to enable liaising with the carrier.
8.4. The parties acknowledge that delays in shipping do occasionally occur, and Cranberry Design is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.
8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact Cranberry Design in accordance with Clause 9, and other than in accordance with that clause, Cranberry Design is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.
8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Cranberry Design and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.7. Cranberry Design will not dispatch Goods to PO box addresses.
8.8. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
8.10. Cranberry Design’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with Cranberry Design.
8.11. The Service and delivery of Goods by third party carriers includes only delivery to ground floor and/or the front door (a door-to-door service) by a single delivery driver, and does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is always the customers responsibility to arrange for a means (whether by requesting assistance from neighbours or friends or otherwise) to bring Goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
8.12. For all items deemed “Oversize” (being a Good weighing over 25kg), the customer is also required to assist (or to arrange for someone to assist) the carrying of the Goods from the delivery vehicle to the front door, unless the customer has arranged for alternative and/or premium service in advance of dispatch with Cranberry Design.
9.1. No refunds are available for services where goods are not offered.
9.2. In order to facilitate a return under these Terms and Conditions, Customers must e-mail email@example.com
9.4. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition. If a returned item is found not to be re-saleable by Cranberry Design(at its sole discretion), Cranberry Designreserves the right to refund only 50% or less of the product price paid by the customer.
9.5. If the customer arranges to return the Goods themselves, it is the customer’s responsibility to ensure that returned items are returned safely and in re-saleable condition. Cranberry Design takes no responsibility for items lost in transit.
9.6 Cranberry Design considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
9.7 Due to environmental considerations, Cranberry Design does not pick-up furniture deemed, in Cranberry Design’s sole discretion, to be damaged or faulty beyond repair, and the customer is responsible for disposal (for example, by utilising publicly available hard-waste collection or disposal processes in the customers area).
10.1. Each Product sold on the Website is covered by a 12 month Cranberry Design Standard Warranty, which can be extended to 2 or 3 years at checkout. This is an addition to the warranties guaranteed under the Australian Consumer Law.
10.2. Cranberry Design warrants all goods for the period of the warranty under normal usage, to be free from defects in material and workmanship.
10.3. Cranberry Design’s liability under this warranty is to repair, provide spare or replacement parts, or replace entirely any part or product covered by this warranty free of charge (subject to clause 11.8).
10.4. This warranty does not cover:
(a) Normal wear and tear;
(b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations;
(c) Products which have not been maintained, or which have been modified;
10.5. Cranberry Design requires any customer requesting services in accordance with this warranty to provide to comply with directions from Cranberry Design staff in order to facilitate the investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Cranberry Design (where applicable). Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate).
10.6. Cranberry Design is not required to provide warranty services in accordance with this warranty unless the customer complies with the previous sub-paragraph, because in the absence of provision by customers of the description and images, Cranberry Designs unable to investigate and provide an appropriate solution.
10.7. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.8. Insignificant variations in advertised dimensions or colour or grain or finish (as between Goods received by a Customer and images or descriptions shown on the Cranberry Design website), or damage to packaging only, is not covered by this Warranty.
11.1. All Intellectual Property in any Material on the Website is the property of Cranberry Design. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
12.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Cranberry Design which are connected with, arise out of, relate to or are incidental to the use of the Website.
12.2. You agree to indemnify and to keep indemnified Cranberry Designand hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Cranberry Design arising out of or in connection with the your use of the Website and the use of any Cranberry Design Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
13.1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
13.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
14.1. We gather personal information about our customers for the purposes of:
(a) marketing, supplying or delivering our products to you;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
14.2. Cranberry Design is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
Cranberry Designwill not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
14.3. In the process of dealing with our customers, we may collect and hold the following types of information:
(a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
(b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
15.4. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
14.5. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
14.6. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us at by e-mail at firstname.lastname@example.org. A $30.00 administration fee will be charged for the retrieval of any personal information.
15.1. Cranberry Design reserves the right to make changes to the Cranberry Design Website and Order Terms and Conditions without notice.
15.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
15.3. A failure or delay by Cranberry Design to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Cranberry Design does not preclude its future ability to exercise that or any other power or right.