Terms & Conditions

1. Welcome to EGGCHAIRSAUSTRALIA.COM.AU (the 'Website').  The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products').  The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
2. The Website is operated by WWW.EGGCHAIRSAUSTRALIA.COM.AU (‘we’, ‘us’, ‘our’).  Access to and use of the Website, or any of its associated Products or Services, is provided by us.  Please read these terms and conditions (the 'Terms') carefully.  By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms.  If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. We reserve the right to review and change any of the Terms by updating this page at our sole discretion.  When we update the Terms, we will use reasonable endeavours to provide you with written notice by email, of updates to the Terms.  Any changes to the Terms take immediate effect from the date that we email our notice of the changes. Before you continue, we recommend you keep a copy of the Terms for your records.

1. You may access the Purchase Services as a one-off user, or create an account on our Website as a regular user.
2. If you choose to create an account on the Website or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
   1. Email address;
   2. Billing address;
   3. Delivery address for Products;
   4. Telephone number; and
   5. Password.
3. You warrant that any information you give to us in the course of accessing the Purchase Services will always be accurate, correct, and up to date.
4. Once you have completed the registration process, you will be a registered member of the Website ('Member').
5. Whether you are a Member or a one-off user, you agree to be bound by these Terms upon:
   1. each instance of accessing our Website;
   2. but if a court of competent jurisdiction does not consider (a) to be reasonable, upon accessing the Purchase Services by placing an order for a product sold on our Website.
6. You may not use the Purchase Services and may not accept the Terms if:
   1. you are less than 18 years of age; or
   2. you are a person barred from using internet services or e-commerce service by any order of a court or direction of law enforcement authorities.

1. A ‘User’ may be a Member or a one-off user of our Website.
2. As a User, you agree to only use the Purchase Services only for purposes that are permitted by:
   1. the Terms;
   2. the laws of the jurisdiction from where you make a purchase and the jurisdiction to which the Product is to be delivered;
   3. you have the sole responsibility for protecting the confidentiality of your password and email address.  Use of your password by any other person may result in the immediate cancellation of the Purchase Services and the Membership;
   4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you become aware or suspect;
   5. access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of us providing the Purchase Services to you;
   6. you will not use the Purchase Services or Website for any illegal or unauthorised purpose, such as (but not limited to) collecting the personal details or contact details of Users, using another person’s bank or credit card details to make a purchase, reverse-engineering the Website, or attempting to compromise the security of the Website or its hosting platform;
   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services and the Membership; and
   8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the check-out page of the Website for the Product (the 'Purchase Price').
2. Payment of the Purchase Price is facilitated by third-party online providers including but not limited to:
   1. Stripe,
   2. PayPal,
   3. Shopify Payments,
   4. Afterpay,
   5. ZipPay, and
   6. LayBuy.

Collectively the ‘Payment Gateway Providers’.

3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers, which can be found on their websites listed below (which may change after the publication of these Terms):
   1. https://stripe.com/au/legal/ssa
   2. https://www.paypal.com/webapps/mpp/ua/legalhub-full?country.x=AU&locale.x=en_AU
   3. https://www.shopify.com/legal
   4. https://www.afterpay.com/en-AU/terms-of-service
   5. https://zip.co/au/page/zip-pay-terms
   6. https://www.laybuy.com/au/consumer-terms .
4. Following our confirmation of your payment of the Purchase Price, you will be issued with a receipt to confirm that the payment has been received, and we may record your purchase details for future use.
5. Our policies regarding return of Products purchased and any refunds, are governed by our Refunds Policy.  By using our Purchase Services, you indicate that you have read, understood, and agree to the Refunds Policy.  The Refunds Policy can be read here.
6. You acknowledge that the Purchase Price of our Product may differ from any discounts or promotional prices advertised or shown on printed catalogues or third-party websites.  The Purchase Price may differ due to ever-changing business operational requirements and availability of stock, among other reasons.  You acknowledge that the only Purchase Price that we are bound to honour is the price shown on the check-out page of our Website at the same time as your purchase.

1. Terms and conditions of warranty regarding our Products, are set out in our Warranty Policy.  By using our Purchase Services, you indicate that you have read, understood, and agree to the Returns & Warranty Policy.
2. Irrespective of what is contained in our Warranty Policy: Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

1. By purchasing from our website, you agree to our Shipping & Delivery Policy.
2. You acknowledge that the Purchase Services offered by us integrate delivery (the 'Delivery Services') via third-party delivery companies (the 'Delivery Service Providers'), also we offer our delivery via our private drivers to metro VIC, NSW and ACT. Private deliveries helps us to reduce the cost of shipping and we're able to offer you more competitive prices on all our range. However private delivery also means longer delivery times, usually 1-2 weeks.
3. In providing the Purchase Services, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers.  You acknowledge and agree that we are not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.  The terms and conditions of any delivery and insurance options are governed by separate contracts between you and the relevant Delivery Service Provider.
4. In the event that an item is lost or damaged in the course of the Delivery Services, or you do not receive the item you ordered within 14 days, we ask that you:
   1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
   2. contact us by sending an email to support@eggchairsaustralia.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

1. The Website, the Purchase Services, and all materials comprising any part of them, are subject to copyright.  The material on the Website is protected by copyright under the laws of Australia and through international treaties.  Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by us or our third-party licensees.
2. We retain all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
   1. our business name, company name, domain name, trademark, patent, registered design, or copyright, whether registered or unregistered;
   2. the right to use or exploit a business name, domain name, trademark, or design; or
   3. a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
3. You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose.  This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

1. You acknowledge that we do not make any guarantees, warranties, or representations whatsoever regarding the Products other than provided for pursuant to these Terms.
2. We will make reasonable efforts to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
   1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
   2. we will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products sold via the Website (including the Delivery Services), is at your own risk.  Everything on the Website, the Purchase Services, and the Products purchased from us, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, third party content providers, or licensors (including any third party such as Delivery Service Providers and Payment Gateway Providers) make any express or implied representation or warranty about the Content, or any Products or the Purchase Services referred to or contained in the Website.  This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
   4. the Content or operation in respect to links which are provided for the User's convenience;
   5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
   6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

1. Our total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then our total liability is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that we, our affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.  This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. We are not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of our Website, by third parties, or us.
4. You acknowledge that we do not provide the Delivery Services to you, and you agree that we will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.  Such damages, if proved, shall only be attributed to the Delivery Service Provider.
5. You acknowledge that we do not directly process any payment of monies, nor do we retain any information about your bank account or credit card on the Website or hosting infrastructure.  Such processing and retention of records is done solely by the relevant Payment Gateway Provider you use, and any damage caused by the failure of the payment process or unauthorised disclosure or use of your payment information, shall be solely attributed to the Payment Gateway Provider.

1. The Terms will continue to apply until terminated by either you or us, as set out below.
2. If you want to terminate the Terms, you may do so by:
   1. closing your account(s) for all of the Purchase Services which you use, where this made this option available to you on the Website; or
   2. if there is no account closure functionality on the Website, by providing us with written notice by email to: support@eggchairsaustralia.com.au
3. We may at any time, terminate the Terms with you if:
   1. you have breached any provision of the Terms or indicate an intention to breach any provision;
   2. we are required to do so by law;
   3. our suppliers have refused to offer the Purchase Services to you for whatever reason;
   4. we are transitioning to no longer providing the Purchase Services to Users in the jurisdiction where you reside or where you use the Purchase Services; or
   5. our provision of the Purchase Services to you is, in our sole opinion, no longer commercially viable.
4. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another person (including but not limited to other Users or our suppliers).
5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

1. 1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
   2. any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and
   3. any breach of the Terms.

1. Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
   1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;
   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   4. The mediation will be held in Melbourne, Australia.
4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.