Current as at May 2018
This document contains the Terms and Conditions that govern your use of the Saray Rugs Retailers Website and/or any linked website. These Terms and Conditions describe your rights and responsibilities and what you can expect from Saray Rugs. Please take a few minutes to review these Terms and Conditions. Your use of the Saray Rugs Retailers Website and/or any linked website constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the websites.
Saray Rugs reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Retailers Website and/or any linked website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
PLACING ORDERS THROUGH THE RETAILERS WEBSITE
You must be a registered and approved (by Saray Rugs) reseller to place any orders with Saray Rugs through the Retailers Website. By using the Retailers Website you also acknowledge that you are at least 18 years old. By ordering goods through the Retailers Website, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Retailers Website constitutes an invitation to treat. No information on the Retailers Website constitutes an offer by us to sell any goods. Saray Rugs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order, we will contact you by email or telephone. The Retailers Website does not have payment processing facilities and can only be used for browsing and ordering goods by registered and approved resellers.
COPYRIGHT AND TRADEMARK INFORMATION
This entire website and/or any linked website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2018 Saray Rugs. The Saray Rugs trademark and logo are trademarks of Saray Rugs. All other trademarks are the property of their respective owners, who are not associated with Saray Rugs. Permission to use documents and related graphics delivered from the Retailers Website and/or any linked website and/or server is restricted. The name of Saray Rugs or any of the above trademarks or logos may not be used without Saray Rugs’ specific, written prior permission. The information contained on this website and/or any linked website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
IMAGES AND COLOURS
We have done our best to display as accurately as possible the colours of the products shown on this website and/or any linked website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Some of the images on our websites are photo-illustrations that have been digitally produced and are not actual photographs. However we have endeavored to represent the products as best as possible in these illustrations and have provided actual close-up photographs of the rugs from a variety of angles.
THE RETAILERS AND THE PUBLIC WEBSITES – CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY
Whilst Saray Rugs makes every reasonable effort to present accurate information on the Retailers Website and/or any linked website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Retailers Website and/or any linked website is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Saray Rugs’ discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
SALE OF GOODS ON THE RETAILERS WEBSITE AND DELIVERY
On your request, we will organise for the delivery of your order to your designated delivery address. Our delivery contractors are various freight companies and couriers. Our delivery fee is made up of a Base Fee plus a Weight Fee that depends on the destination, quantity and weight of the products. The delivery fee is not included in the price and does not show on your purchase order page. Please refer to your account terms with Saray Rugs or register your company on this website as a reseller to establish your account. Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is not included in prices quoted and will be clearly indicated and added to the subtotal at the checkout. It is expressly agreed and declared that the title to the goods/product shall not pass to the buyer until payment in full of the purchase price.
You agree to indemnify and hold Saray Rugs and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Retailers Website and/or any linked website, any breach by you of these Terms and Conditions and/or any goods purchased by you from Saray Rugs.
LIMITATION OF LIABILITY
In no event shall Saray Rugs or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, Saray Rugs’ liability is limited to an amount equal to the purchase price of the relevant good(s). To the extent permitted by applicable laws, Saray Rugs does not accept any liability for: any damage or injury of any nature caused by the use or misuse of products purchased from Saray Rugs; errors, mistakes or inaccuracies on the Retailers Website and/or any linked website; you acting, or failing to act, on any information contained on or referred to on the Retailers Website and/or any linked website; any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; any interruption or cessation of transmission to or from the Retailers Website and/or any linked website; and/or any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Retailers Website and/or any linked website by any third party.
STATUTORY CONDITIONS AND WARRANTIES
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
RETURNS AND CREDITS
Any goods ordered and purchased from the Retailers Website may only be returned to Saray Rugs where notification of the proposed return of the goods is received within seven (7) days of the date of delivery of the goods to the reseller and Saray Rugs has agreed in writing to accept the return of the goods and the goods are returned in good condition at the expense of the buyer. Goods returned will not be accepted for return unless a written request for credit accompanies the goods upon return or prior written arrangements have been made with Saray Rugs. No claims for loss or damage in transit or for shortage in quantity will be entertained unless notice is given in writing within seven (7) days from date of delivery. Goods returned and accepted, as defective will be credited at invoiced value or replaced. Saray Rugs will not accept liability for any loss or damage to property of any nature in respect of any failure to deliver, or delay in delivery due to any cause of whatever nature not within the control of Saray Rugs.
All dishonored cheques will incur a dishonor fee, payable by the customer on demand. Saray Rugs reserves the right to charge overdue account fees and interest.
Goods will not be supplied to overdue accounts until such time as the account is brought up to date. Saray Rugs reserves the right to charge overdue account fees. Interest will be charged on all overdue accounts at the rate equal to the overdraft rate payable on bank loans.
APPLICATION FOR CREDIT FACILITIES
Please contact Saray Rugs in writing to obtain a credit account application form.
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales. Each party submits to the exclusive jurisdiction of the Courts of New South Wales. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Saray Rugs. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by Saray Rugs in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions. Any change which affects the trading address, legal entity, structure of management or control of the reseller will be notified to Saray Rugs in writing within seven (7) days of the change becoming effective.