1PLACE ONLINE PTY LTD
This website (Site) is operated by 1Place Online Pty Ltd (we, our or us). It is available at 1place.com.au and may be available through other addresses or channels, including our social media channels.
By accessing and/or using 1place.com.au you:
- agree that you have the legal capacity to enter into a legally binding agreement with us or you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf (if you are under 18 years old); and
- agree to use the Site in accordance with these Terms.
You may be required to create an account in order to use some or all of the Digital Tools. If you do not register for an account, then some functionality of the Digital Tools may not be available.
You may register for an account using a single sign-on account (for example, Facebook, Google ID or Apple ID) (SSO ID). If you register an account using a SSO ID, you authorise us to access information on your SSO ID, including, your profile photo and other basic information.
When you purchase a product, you will be asked to provide your basic contact information such as your name, shipping address, billing address and payment details. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including activity and purchases made using your account details.
Any order you place is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
We may, at our absolute discretion, accept or reject an order if part or all of your order is unavailable. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each order that we accept will be a separate binding agreement between you and us for the supply of products in accordance with the Terms.
We aim to display the colours and textures of the products as accurately as possible, however, they can appear slightly different on your screen or device, including as presented on the Design Tools. To the maximum extent permitted by law, we do not warrant that the appearance of any products within the Site (including the Design Tools) are accurate, complete, reliable, error-free or as they appear in real life.
It is your responsibility to check the order details, including selected products, delivery terms and pricing, before you submit your order.
When you order and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses, and a description of what was ordered.
4. Design Tools
We may make design tools, such as augmented reality or a room planner (Design Tools), available to assist you in your purchase of products.
You are only permitted to use the Design Tools to assist you in the purchase of products and you are not able to transfer or sublicense your rights to use the Design Tools. You agree that the Design Tools will be accessible to any user and we may cease to make the Design Tools available at any time. You acknowledge that the intellectual property rights in the Design Tools, are owned by the supplier(s) of the Design Tools and nothing in these Terms are intended to transfer any intellectual property rights in the Design Tools to you.
Unless otherwise agreed with you, your use of the Design Tools is free of charge and subject to your fair use of the Design Tools. If, in our reasonable opinion, your use of the Design Tools is for unreasonable commercial purposes or is beyond what we consider to be the fair use of the Design Tools, we may charge you additional fees for your use of the Design Tools that exceeds fair use, or we may introduce subscription fees for your continued use of the Design Tools.
It is your responsibility to ensure that you comply with any agreement with the supplier(s) of the Design Tools in order for you to benefit from the Design Tools, including as set out. Our obligations under these Terms, are conditional upon you entering and complying with any applicable agreement between you and the supplier(s) of the Design Tools.
You agree that your use of the Design Tools will be at your discretion, and that the appearance of any products within the Design Tools may be different than in real life.
5. Price and Payments
You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.
You must pay the Price using one of the methods we offer, such as by credit or debit card (Amex, Visa or Mastercard), Afterpay, Apple Pay, Google Pay or PayPal. All payments made on the Site are transmitted using an SSL encryption and we do not store any payment details.
If you pay the Price through a third party payment processor, the payment will also be subject to the relevant third party payment processor’s terms and conditions, including any terms and conditions relating to finance or payment plans.
Unless you are approved to pay the Price under a finance or payment plan, you must pay the Price upfront at the time you place your order and only once the Price has been paid in full will your products be dispatched to you.
You may request to pay the Price under a finance plan. We will provide you with details of available finance plans, including the payment options (e.g. weekly or monthly), minimum payment amounts and interest free periods. Your approval to pay the Price under a finance plan will be subject to our finance provider. If your request for finance is approved, your arrangement to pay the Price under a finance plan will be between you and our finance provider; other terms and conditions and fees may apply; and any terms and conditions as to your payment of the Price under a finance plan will be incorporated into these Terms.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If payments are not made under fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide is true and complete, that you are authorised to use the debit card or credit card, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
If we owe you any monies under these Terms (for example, for a refund), we may reduce that amount by the amount of monies you owe to us under these Terms or otherwise.
We may issue promotional discount codes for certain products. To claim the discount, you must enter the promotional discount code at the time of submitting your order. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
7. Availability and Cancellation
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. We may do this where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. If we cancel your order under this clause, we will provide a refund or a store credit.
8. Delivery or Collection
Please use our delivery calculator to determine whether a product is able to be delivered to your delivery address. If your post code or delivery address is not within the delivery area, please contact us to discuss delivery options.
The delivery calculator will also provide you with an estimate of the costs for delivery of the product to your delivery address and this will be included in the Price of your purchase at checkout. The estimate provided by our delivery calculator is for standard delivery of the products to the front door of the ground floor of the delivery address.
We may offer other delivery options, for example, delivery of the products inside your apartment/house, joint delivery of all products ordered on our Site or other non-standard deliveries, for an additional fee. Please contact us to discuss other delivery options.
Our delivery partner will contact you to select your preferred delivery time. You agree that your selection of the preferred delivery time is not a guarantee that the products will arrive during your preferred delivery time, however, will be required by our delivery partners to schedule their deliveries.
For some products, you may provide an authorisation to allow our delivery partner to leave the product unattended at the delivery address. If this is not an option, you will be required to sign for the delivery. If neither you nor your authorised representative is at the delivery address to sign for the delivery, our delivery partner may need to organise another time for delivery, and you will be responsible for any re-delivery costs.
If we incur additional costs in the delivery of the products, you agree to pay the additional costs of delivery. We may incur additional costs if you change your delivery address after purchasing the product, you change your requested delivery time, or if re-delivery is required.
Selected products may be available for collection at certain collection locations and if this option is available, you may choose this option at checkout. Delivery costs to the collection location will still apply and this will be included in the Price of your purchase at checkout. We will contact you when your order arrives at the collection location and inform you of any timeframes for collection of your order. All collections must be signed for either by yourself or your authorised representative and you or your authorised representative may be required to provide valid photo identification. If for any reason you or your authorised representative are unable to collect the order by the timeframes that we have notified to you, we may charge additional storage fees, or we may deem your order cancelled and we will organise for the products to be returned to us. If we deem your order cancelled, we will refund the price of the products, however, delivery or storage fees that we have incurred, and that have been paid by you, will be non-refundable.
We can deliver to PO boxes or parcel boxes, given they meet the Australia Post delivery requirements.
We normally dispatch products within 3 working days of receiving an order. Any delivery periods displayed are estimates only, based on the information provided by our suppliers or our delivery partners.
9. Title and Risk
Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in the products. Title to the products will pass to us immediately if, for any reason, we provide you with a refund for the products.
Risk in the products will pass to you immediately upon commencement of the dispatch of the products from our supplier’s location. You may wish to pay an additional fee to cover any damage that may occur during the dispatch and delivery of the products. If you decide not to pay for coverage for damage that may occur during the dispatch and delivery of the products, you agree that we will have no Liability in loss, theft or damage to the products during dispatch and delivery.
Buy and try for 49 days
We offer exchanges (subject to stock availability) or refunds of products for change of mind where:
- you purchased the products within 49 days prior to the request for an exchange or refund and you have proof of that purchase;
- we determine, at our absolute discretion, that the products are in the same condition as it was in when delivered to you. In determining whether the products are in the same condition, we may request photographs of the products. If the products, in our reasonable opinion, appear overused or damaged, you may not be eligible for an exchange or refund under this clause;
- we determine, at our absolute discretion, that the products have not been used for staging purposes, including for taking photographs for display or rental houses or apartments;
- the products are not sale items, custom-made, special buy products or gift vouchers; and
- a return and exchanges form has been completed.
- We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
- You may be required to pay a 20% restocking fee.
You agree to notify us within 5 working days of any incorrect product that you have received, together with a photo and description of the incorrect product. If we agree that you have received an incorrect product, we will organise for the return of the incorrect product and re-deliver the product you have ordered, at our cost.
Australian Consumer Law
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
Where your claim is a valid claim under the Australian Consumer Law, we will, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. The amount for delivery of the products is non-refundable.
11. Manufacturer’s Warranty
The description of the products will inform you whether the manufacturer provides a warranty for that product. Unless otherwise stated, if a warranty applies, the manufacturer warrants that the product will be free from defects (Manufacturer’s Warranty) for the period set out on the Site (Warranty Period). If there is a defect in the products within the Warranty Period, the manufacturer may, repair or replace the product, or offer refund or compensation as applicable to the defect.
If the Manufacturer’s Warranty applies, please contact us with details of the defect in the product, alongside any pictures and additional information which we may request (e.g. proof of purchase), and we will liaise with the manufacturer as to your claim under the Manufacturer’s Warranty. The manufacturer may require you to return the defective products directly to them and the costs of the return may need to be borne by you.
You agree that we do not provide any warranty against defects in the products, and, to the maximum extent permitted by law, our obligations to you for any defects in the products is limited to the remedies you have available under the Australian Consumer law.
12. Intellectual Property
You agree that all intellectual property rights in the Design Tools, the Site, or any intellectual property developed, adapted, modified or created by us or our personnel (including in connection with these Terms and the products) will at all times vest, or remain vested, in us (or if applicable, our suppliers). You agree that any intellectual property developed, adapted, modified or created through the Design Tools, will vest in us, or if applicable, our suppliers.
You grant us the right to use the materials (including any intellectual property) that you provide to us under these Terms (for example, in the use of the Design Tools) for the performance of our obligations under these Terms (for example, providing you with the use of the Design Tools) or for promotional or marketing purposes.
You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
- alter or modify the intellectual property;
- resell, assign, lease, hire, sub-license, transfer, distribute or make available the intellectual property to third parties;
- “frame”, “mirror” or serve any of the intellectual property on any web server or other computer server over the Internet or any other network;
- attempt to discover the source code or object code of underlying structures, ideas, know-how or algorithms in relation to the intellectual property;
- breach any intellectual property rights connected with the Design Tools, the Site or the products, including (without limitation) altering or modifying the intellectual property; causing any of the intellectual property to be framed or embedded in another website; reverse assembling, reverse engineering or reverse compiling the intellectual property; or creating derivative works from any of the intellectual property; or
- alter, remove or tamper with any trade marks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification in relation to the intellectual property.
Despite anything to the contrary, to the maximum extent permitted by law:
- our total liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products, the subject of the relevant claim; and
- we will not be liable to you for any consequential loss, indirect loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, except if you elect to be covered by any additional delivery insurance under these Terms, in which case we may be liable to the extent the loss of, or damage to, the products is covered by the relevant delivery insurance;
- injury or loss to any person;
- failure or delay in providing the products; or
- breach of the Terms or any law,
where caused or contributed to by any:
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
14. Collection Notice
We may disclose that information to third party service providers who help us deliver our services (including our delivery partner, suppliers, inventory management software, information technology service providers, data storage, web hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Feedback and complaints: We are always looking to improve our Site and the sale of products. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.