Terms & Conditions

  1. In these terms and conditions:

“Conditions” means these terms and conditions of sale; “Contract” means the contract for the sale by us and purchase by you of our Goods and/or Services;  “Goods” means all goods sold and/or delivered by the Company to you, the Customer, following your Order; “Order” means an order made by you for the supply of Goods and/or Services by us; “Price” means the price of the Goods, plus any delivery charges; “Services” means measuring windows, interior design service and/or fitting of the Goods; “our, us, we” means Indigo Living whose principal place of business is Shop 3G Home Central, Kawana, Birtinya, QLD, 4575, “you and your” means the person who buys or agrees to buy Goods from us.

  1. Our Contract

2.1 These are the only Terms which will apply when you purchase Goods and/or Services from us. You may only vary these Terms or your Order if you have our agreement in writing.

2.2 Our employees or anyone acting on our behalf are not authorized to make any representations concerning our Goods or Services unless confirmed by us in writing.

  1. Orders

3.1 After you place an Order with us we will give you a confirmation of your Order in writing. This will be in the form of a Sales Order. You must bring any discrepancies in the Sales Order to our notice within 3 days of receiving said document from us. We reserve the right to charge for any subsequent changes necessary as a result of your failure to properly check the order confirmation.

  1. Samples

4.1 Every care has been taken to describe and portray fabrics/leathers and items accurately using current photographic and print technology, but slight variations in actual Goods may occur.
4.2 Samples are intended as a representation of the fabric/leather but not as an exact match as there may be variations of colour between batches of materials.

  1. Delivery

5.1 Delivery times quoted are approximate.
5.2 Once your Order is ready we will call you to arrange a convenient date and address for us to deliver.

  1. Pricing – Quotation

6.1 We will confirm the Price of Goods ordered plus delivery charges at the time you place your Order with us. Delivery charges must be paid in addition to the Price.

  1. Payment Terms

7.1 Unless agreed otherwise, all payments must be in Australian currency and can be made using any of the following methods: Cash, Visa Debit, Credit or Mastercard. We also accept payment by cheque drawn on any bank within Australia (at our discretion) and direct deposit.

7.2 Due to the cost of making goods to a specification, a 50% deposit must be paid at the time the Proposal is accepted and the Order is placed with us. We will not be able to start your Order until we have received your 50% deposit in cleared funds. The balance must be paid prior to your Order being dispatched or fitted. Please note that your Order can only be dispatched once we have received the full balance in cleared funds.

  1. Cancelling Orders, Return of Goods and Refunds

8.1 Please choose carefully. We do not refund if you simply change your mind or make a wrong selection. You are entitled to choose between a refund, exchange or credit where goods are faulty, wrongly described, different from the sample shown to you or don’t do what they are supposed to do.

8.2 No order may be cancelled, modified or deferred without the prior consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses. Any payments or deposits on the goods are forfeited to the Company by the Customer if they choose to cancel.  At the Company’s discretion a store credit may be offered. If a store credit is offered the store credit will have a limited 12 month expiration.  After this time the store credit will be forfeited.

  1. Warranties and Liability

9.1 Subject to the Terms set out below we warrant that upon delivery the Goods will correspond with their specification, will approximately correspond with the approximate description given by us and will be free from defects provided that we shall be under no liability arising from failure by any person, other than us or our employees or contractors, to follow our instructions (whether oral or in writing), inappropriate storage, improper use, further treatment of or process to the Goods or any defect caused as a result of reasons which are under your control.

9.1.1 Willful damage, customer abuse, improper use, improper care and accidental damage (including but not limited to humans and pets) is not covered by warranty.

9.2 Unless these Terms provide otherwise, any other warranty, condition or other term expressed or implied by statute, common law or otherwise is excluded that nothing in these Conditions shall affect the statutory rights of a consumer which cannot be excluded by law. In particular, we make no warranty as to the fitness of the Goods for any particular purpose other than the normal purpose for which the Goods are used even if that purpose is stated in your order unless we specifically confirm in writing that the Goods are fit for such a purpose.

9.3 Certain Goods may have particular characteristics which affect shade, shape, size or suitability for certain types of uses or use in certain types of environments.

9.4 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall be notified to us immediately upon discovery of the defect or failure.

9.5 We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, reduction in or unavailability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment and unavailability of raw materials.

9.6 We do not accept liability for any defect in the Goods which has been specifically drawn to your attention before the Contract is made and/or where you have examined the Goods before the Contract is made, and that examination ought to reveal any such defect. In all other cases you shall give us a reasonable opportunity to inspect the Goods in the same condition as they were at delivery after discovery of the defect and liability will not be accepted unless this procedure is followed.

9.7 We do not accept liability for any indirect loss you may suffer.

  1. General

10.1 Any written notice you want to send us must be sent to us at Indigo Living, Shop 3G, Home Central, Kawana, Birtinya, QLD 4575. If we want to send you a written notice we will send it to the address on your Order, unless you notify us otherwise.

10.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.

10.3 If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.

10.4 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.