Terms of service

Terms of Service

OVERVIEW

This website is operated by Rustic Vibes Furniture. Throughout the website, the terms “we”, “us” and “our” refer to Rustic Vibes Furniture.

Rustic Vibes Furniture provides this website, including the information, products, tools and services available through it, subject to your acceptance of these Terms of Service and any other policies referenced on our website.

By visiting our website and/or purchasing from us, you agree to be bound by these Terms of Service, including our Shipping Policy, Refund Policy and Privacy Policy.

Please read these Terms carefully before using our website or placing an order.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights available to consumers under the Australian Consumer Law.

We may update these Terms from time to time by publishing an updated version on our website. Changes will apply from the date they are published and will not retrospectively alter the terms applying to an order already placed unless required or permitted by law.

SECTION 1 – ONLINE STORE TERMS

By using our website, you confirm that you are legally capable of entering into a purchase agreement.

You must not use our website, products or services for any illegal or unauthorised purpose or violate any applicable laws when using our website.

You must not transmit viruses, malicious code or any material designed to interfere with the operation or security of our website.

We reserve the right to refuse or cancel access to our services where these Terms are materially breached, subject to applicable law.

SECTION 2 – OUR ONLINE STORE

Our online store is hosted on Shopify, which provides the e-commerce platform that enables us to sell our products and services online.

Your use of certain website functionality, payment services or other third-party services may also be subject to the applicable provider's terms and privacy policies.

SECTION 3 – PRODUCTS & HANDCRAFTED MATERIALS

Rustic Vibes Furniture specialises in handcrafted furniture and products made from materials including reclaimed wine barrels, reclaimed timber and solid timber.

Due to the natural and reclaimed materials used in our products, variations in colour, grain, texture, markings, knots, imperfections, barrel characteristics and dimensions may occur.

These natural variations are part of the character of handcrafted and reclaimed products and mean that no two pieces will be exactly identical.

We make reasonable efforts to display product colours, finishes, dimensions and photographs accurately. However, colours may vary depending on your screen or device, and the natural materials used may vary from those shown in photographs.

Product dimensions involving genuine wine barrels and reclaimed materials may vary slightly from the measurements displayed on our website.

These provisions do not affect your rights under the Australian Consumer Law where a product fails to meet an applicable consumer guarantee.

SECTION 4 – MADE-TO-ORDER & CUSTOM PRODUCTS

Many Rustic Vibes Furniture products are handcrafted and made to order.

Production timeframes displayed on our website are estimates and may vary depending on order volume, material availability, customisation and other circumstances.

Customised or personalised products include products featuring customer-requested engraving, personalised designs, custom dimensions, modifications or other specifications outside our standard product configuration.

Customised and personalised products may not be eligible for change-of-mind returns.

Please review all customisation details carefully before approving an order or design.

Where we provide an engraving or custom design proof for approval, it is the customer's responsibility to check names, dates, spelling, wording, dimensions and other requested details before providing approval.

Once production or engraving has commenced following customer approval, changes may not be possible and additional costs may apply if alterations are requested.

Nothing in this section affects your rights or remedies under the Australian Consumer Law.

SECTION 5 – PRICES & PAYMENT

All prices displayed on our Australian website are in Australian dollars unless otherwise stated.

Prices are subject to change without notice. A price change will not affect an order already accepted and paid for unless otherwise agreed or required by law.

Shipping and freight charges are calculated separately where applicable and will be displayed at checkout or otherwise communicated to you before payment.

You agree to provide current, complete and accurate billing, delivery and contact information when placing an order.

We reserve the right to refuse or cancel an order where there has been an obvious pricing error, suspected fraudulent transaction, unauthorised transaction or other legitimate reason permitted by law. If payment has already been taken for an order that we cancel, the applicable amount will be refunded.

SECTION 6 – ORDER INFORMATION

Customers are responsible for ensuring that the information supplied when placing an order is accurate, including:

Customer name and contact information
Delivery address
Billing information
Product selections
Colour and finish selections
Customisation details
Engraving information
Delivery and access information

Please contact us as soon as possible if you discover an error in your order.

Because many products are made to order, we cannot guarantee that changes can be made once production has commenced.

SECTION 7 – SHIPPING, FREIGHT & DELIVERY

Shipping and delivery are subject to our Shipping Policy, which forms part of these Terms of Service.

Large and bulky furniture items may be transported using specialised pallet freight.

Customers are responsible for providing complete and accurate delivery information and advising Rustic Vibes Furniture before dispatch of any circumstances that may affect delivery.

These circumstances may include:

Stairs or multiple flights of stairs
Apartment or multi-storey access
Steep, narrow or restricted driveways
Limited truck access
Restricted unloading areas
Difficult property access
Any requirement for furniture to be carried beyond the standard delivery point

Unless specifically arranged and confirmed by Rustic Vibes Furniture prior to dispatch, standard pallet freight is delivery to a safe and accessible ground-level location at the delivery address.

Standard pallet freight does not include two-person delivery, carrying furniture upstairs, carrying furniture inside a home or business, unpacking, assembly, installation or positioning furniture in a particular location.

Tail-lift service may be provided where included in the applicable freight service.

Freight carriers may use a single driver. Depending on the item, delivery location and freight service, assistance may be required to safely receive or move the item from the delivery point.

If you have unusual or difficult access requirements, please contact us before placing your order so that suitable delivery arrangements can be discussed.

SECTION 8 – MISSED, REFUSED OR UNSUCCESSFUL DELIVERIES

Customers are responsible for ensuring suitable delivery access is available and that someone is present to receive the order where required by the freight carrier.

If delivery cannot be completed due to circumstances within the customer's control, additional freight charges may be incurred.

This may include circumstances such as:

Refusal to accept delivery
Undisclosed access restrictions
Customer unavailability where attendance is required
An incorrect delivery address supplied by the customer
An unsuitable or inaccessible delivery location
Failure to comply with reasonable delivery arrangements previously communicated

Additional costs may include reasonable redelivery fees, depot storage charges, return freight or collection costs charged to Rustic Vibes Furniture by the freight provider.

Where permitted by law, reasonable costs actually incurred as a result of an unsuccessful or refused delivery may be payable by the customer or deducted from an applicable refund.

Where an order is returned to Rustic Vibes Furniture, any refund will be processed in accordance with our Refund Policy and applicable Australian Consumer Law.

This section does not apply where the unsuccessful delivery was caused by Rustic Vibes Furniture or the freight carrier, or where the customer is exercising a right or remedy under the Australian Consumer Law.

SECTION 9 – LOCAL PICKUP

Where local pickup is offered, collection is by prior arrangement.

Customers must wait until they have received confirmation that their order is ready before attending for collection.

Orders must be fully paid before collection unless otherwise agreed.

Customers collecting large or bulky products are responsible for bringing a suitable vehicle and equipment and for safely securing the product for transportation after collection.

If you are unsure whether your vehicle is suitable, please contact us before collection.

SECTION 10 – THIRD-PARTY FREIGHT COLLECTION

Third-party freight collection must be approved by Rustic Vibes Furniture prior to collection.

Where we agree to allow a customer to arrange their own freight carrier, the customer is responsible for organising and paying the carrier directly unless otherwise agreed.

Responsibility for transportation by a customer-appointed carrier will be subject to applicable law and the agreed collection arrangements.

Customers should ensure their chosen carrier is suitable for transporting large, heavy and handcrafted furniture.

SECTION 11 – RETURNS & REFUNDS

Returns and refunds are handled in accordance with our Refund Policy, which forms part of these Terms of Service.

Eligible change-of-mind returns must comply with the conditions specified in our Refund Policy.

Return freight and associated delivery costs for an approved change-of-mind return are the responsibility of the customer unless otherwise agreed.

Customised or personalised products may not be eligible for change-of-mind returns.

Nothing in these Terms or our Refund Policy limits your rights under the Australian Consumer Law where goods are faulty, damaged, incorrectly supplied or otherwise fail to comply with an applicable consumer guarantee.

SECTION 12 – DAMAGED OR INCORRECT PRODUCTS

Please inspect your order as soon as reasonably possible after delivery.

If your product arrives damaged, defective or incorrect, please contact us promptly at info@rusticvibesfurniture.au.

Where possible, please provide photographs of the item, packaging and any visible freight damage so that we can investigate the issue with the freight carrier.

We will assess the circumstances and provide an appropriate remedy in accordance with the Australian Consumer Law.

SECTION 13 – PRODUCT CARE & USE

Customers are responsible for following any care, maintenance, installation and safety instructions supplied with our products or published on our website.

Products should be used for their intended purpose.

Furniture intended for indoor or covered outdoor use should not be permanently exposed to weather unless the product description specifically states that it is suitable for such exposure.

Some products may require appropriate anchoring, securing or installation for safe use. Where such requirements are stated in the product information or supplied instructions, customers are responsible for ensuring they are followed.

Nothing in this section excludes any liability that cannot lawfully be excluded.

SECTION 14 – WEBSITE INFORMATION

We make reasonable efforts to ensure information published on our website is accurate and current.

Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, shipping charges, transit times or other information.

We reserve the right to correct errors or update information where necessary.

Where an error affects an order already placed, we will deal with the matter reasonably and in accordance with applicable Australian law.

SECTION 15 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content on this website, including text, photographs, product designs, graphics, branding and other original content belonging to Rustic Vibes Furniture, must not be reproduced, copied, distributed or commercially exploited without our prior written permission.

Third-party trademarks, logos and other intellectual property remain the property of their respective owners.

SECTION 16 – CUSTOMER CONTENT & REVIEWS

If you voluntarily provide a review, photograph, testimonial, comment or other content to us, you confirm that you have the right to provide that material.

We may use customer reviews and testimonials for legitimate business and marketing purposes where permitted by law.

We will not knowingly publish content that unlawfully infringes another person's rights.

SECTION 17 – THIRD-PARTY SERVICES & LINKS

Our website may contain links to third-party websites or use third-party services, including payment, freight, analytics or other service providers.

We are not responsible for the content, privacy practices or operation of third-party websites that are outside our control.

Customers should review the applicable terms and policies of third-party services where appropriate.

Nothing in this section excludes any responsibility Rustic Vibes Furniture has under applicable law.

SECTION 18 – PRIVACY

Personal information submitted through our website is handled in accordance with our Privacy Policy and applicable Australian privacy laws.

Payment information may also be processed by third-party payment providers according to their applicable privacy and security practices.

SECTION 19 – PROHIBITED USES

You must not use our website:

For unlawful purposes
To infringe our intellectual property rights or those of another person
To submit false or misleading information
To transmit malicious software or code
To attempt to interfere with the security or operation of the website
To collect personal information about others unlawfully
To engage in fraudulent or abusive activity

We may restrict access to our website where reasonably necessary in response to prohibited or unlawful use.

SECTION 20 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Rustic Vibes Furniture will not be liable for losses that are indirect, consequential or not reasonably foreseeable as a result of using our website or products.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited under the Australian Consumer Law or other applicable legislation.

Where liability can lawfully be limited, it will be limited only to the extent permitted by law.

SECTION 21 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 22 – ENTIRE AGREEMENT

These Terms of Service, together with our Shipping Policy, Refund Policy, Privacy Policy and any other terms expressly provided in connection with an order, constitute the agreement between you and Rustic Vibes Furniture regarding your use of our website and purchase of our products.

Failure by Rustic Vibes Furniture to immediately enforce a provision of these Terms does not constitute a waiver of that provision.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements through which Rustic Vibes Furniture provides products or services are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws.

Nothing in this section limits any rights a consumer may have regarding jurisdiction under applicable Australian law.

SECTION 24 – CHANGES TO THESE TERMS

We may update or replace these Terms of Service from time to time.

The current version will be published on our website.

Changes to these Terms will apply from the date they are published and will not retrospectively alter the terms applying to an order already placed unless required or permitted by law.