Website Terms and Conditions
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND BROWSING
In these terms, we also refer to Paloma Living as “our”, “we”, or “us”. And you are you.
These terms apply when you use this website, being https://palomaliving.com/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
These terms and conditions have been separated as below:
Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Part D: Terms for wholesalers who retail the Products
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agreed to these terms.
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the bottom of this page to see when we last updated these terms.
PART A - WHEN YOU BUY THESE PRODUCTS
SUBMITTING AN ORDER
a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
b) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
c) you are authorised to use the debit or credit card you provide with your Order.
d) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
e) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
ACCOUNTS AND GUEST CHECKOUT
a) You may submit an Order as a guest, or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
b) As part of the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest), and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
e) You agree that you are solely responsible for:
- maintaining the confidentiality and security of your Account information and your password; and
- any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
f) You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
g) We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
h) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. However due to screen display, colour and brightness, image quality and natural variation in the materials used to produce the Products, Products may not exactly match the image on our Website. You acknowledge that any weights, dimensions and specifications provided about the Products on our Website are approximates only. We ask that you check the quality and quantity of your Products once they are received to ensure that you are satisfied.
b) Subject to our sole and absolute discretion, we reserve the right to supply our Products to any person, entity, geographic region or jurisdiction. As we stock and supply our Products to various stockists, please note that prices of our Products may vary as sold by different stockists and accordingly, we cannot be held liable for any pricing variations.
c) Until the price of your Products is paid in full, title in those Products is retained by Paloma Living. Risk in the Products will pass to you on delivery in accordance with clause 7. Delivery must not be refused by you.
d) Unless you are a wholesale customer, you acknowledge and agree that all Products supplied are provided for your use only and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell or redistribute the Products without our express permission.
a) All prices are:
- per unit (except where indicated);
- based on US Dollars;
- subject to exchange rate fluctuations;
- subject to change at any time prior to you completing an Order without notice.
b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
c) (GST and taxes) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Paloma Living, you must pay the GST subject to Paloma Living providing a tax invoice and all other taxes (including any export or import taxes), levies and excises payable in connection with an Order.
d) (Card surcharges) Paloma Living reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
e) (Online payment partner) We may use third-party payment providers (Payment Providers), to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
VOUCHERS AND DISCOUNT CODES
a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout. We reserve the right to cease or remove a promotional campaign at any time without prior notice to you.
b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
a) We may issue gift cards for use on our Website.
b) Gift cards valid online at our Website are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
DELIVERY AND SHIPPING
a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
b) (Delivery Details) Paloma Living may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
- delivery is to the delivery point specifically accepted by Paloma Living; and
- where applicable, we will deliver the Products to you in accordance with the shipping information displayed on our Website.
c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
d) (Damage in Transit) As we use third party carriers to deliver the Products, you acknowledge and agree that we are not liable for any loss of or damage to Products in transit. You must make all claims for such loss or damage against the carrier. We encourage you to take out insurance to protect yourself from loss of or damage to Products in transit.
e) (International Orders) Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may be required to pay.
CHANGES TO YOUR ORDER
CANCELLATION BY US
We reserve the right to cancel your order for any reason (for example, due to insufficient stock levels), and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment within 30 days of your Order.
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause returns and exchanges may apply.
RETURNS AND EXCHANGES
a) We do not offer change of mind returns.
b) We will provide a full refund of the price paid for a Product if we determine that:
- a Product you have ordered was not received by you solely due to failure by us;
- a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
- a Product is defective, in accordance with clause 8.3(d), in which case we may provide store credit, a replacement for the same or similar product or a full refund of the price paid for a Product.
c) For the avoidance of doubt, Products which have been damaged, mistreated or modified by you are not defective Products. This includes if you damage a cushion cover after placing an insert in the cushion; leaving the cushion outdoors; outside or near excessive sunlight.
d) (Defective products) The following process applies to any Product you believe to be defective.
- If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images) within 7 days of receipt of the Product.
- If we determine that your Product may be defective, we will request that you send the Product back to us at your cost in the Product’s original packaging for further inspection, including any accessories, manuals or documentation shipped with the Product. We reserve the right to further inspection before deeming a Product defective. We aim to respond and process all defective Products, as determined by us, within 5-7 business days.
- If we determine in our reasonable opinion that the Product is not defective, or is defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
- If we determine that the Product is defective, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
- Nothing in this clause is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA
a) You may take images or videos of the Products and publish those images or videos online or on social media (or both). If you publish such images or videos, we ask that you provide accreditation to “Paloma Living” by watermark, reference, tagging or hashtag.
b) Despite this clause , we reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.
c) For the avoidance of doubt, we retain ownership of all materials (including images or videos) on or in our Website, social media platforms, podcasts or in any other medium published by us, and you are not permitted to reproduce or publish that material without our express written consent. We ask that you contact us on email@example.com if you wish to utilise any of our images on our Website.
RATINGS AND REVIEWS
a) We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website or our social media platforms.
b) You agree:
- to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
-to provide true, fair and accurate information in your Review; and
- that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.
c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms. Please note that photographs taken by customers which are displayed on the Website or our social media platforms may include filters which may change the appearance of the Products.
d) We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.
a) Paloma Living retains all intellectual property rights in the design and manufacture of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY SUPPLIERS
a) We may do any of the following:
- outsource any part of performing any services related to providing the Products, including delivery of your Products; or
- procure materials and Products from third party suppliers,
b) without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
PART B - BROWSING THE WEBSITE
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
You must not:
a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Paloma Living;
b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
e) use the Website with the assistance of any automated scripting tool or software;
f) act in a way that may diminish or adversely impact the reputation of Paloma Living, including by linking to the Website on any other website; and
g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- any information provided through the Website is accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
a) Paloma Living retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Paloma Living or as permitted by law.
c) In this clause , “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY TERMS AND CONDITIONS
a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
b) You agree to any Third Party Terms applicable to any third party goods and services, and Paloma Living will not be liable for any loss or damage suffered by you in connection with such Third Party Terms
LINKS TO OTHER WEBSITES
a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
THIRD PARTY PLATFORM
a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed .
b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Paloma Living does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PART C - LIABILITY AND OTHER LEGAL TERMS
a) (Liability) To the maximum extent permitted by applicable law, Paloma Living limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Paloma Living to the total Fees paid by you to Paloma Living under the most recent Order.
b) Products sold by Paloma Living, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
c) All other express or implied representations and warranties in relation to Products and the associated services performed by Paloma Living are, to the maximum extent permitted by applicable law, excluded.
d) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
e) (Indemnity) You indemnify Paloma Living and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
- breach of any third party intellectual property rights.
- breach of any of these terms;
- use of the Website;
- negligent, wilful, fraudulent or criminal act or omission; or
- use of any goods or services provided by Paloma Living.
f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Paloma Living be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Paloma Living (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $, or “dollar”, is to USD currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
PART D - WHOLESALERS, STORES AND DISTRIBUTORS THAT RETAIL/ ONSELL PALOMA LIVING OR PRODUCTS
RETAILING THE PRODUCTS
a) (Approved Retail Location) All Products must be retailed by you only from the retail store (whether Brick and Mortar Store or online) as approved by us (“Approved Retail Location”). If you wish to retail the Products from a different location, you must seek our prior written consent. We may not be able to grant consent if another retailer already operates in that area.
b) (Third Party Websites) You must not advertise, retail or sell the Products on any third-party website including but not limited to any auction or marketplace website.
As a reseller of our Products, you acknowledge and agree, that unless otherwise agreed in writing:
a) you must not sell or otherwise provide the Products to any third party for the purpose of the third party reselling the Products and you must take reasonable steps to ensure any purchasers of the Products is not purchasing for the purpose of reselling;
b) we may set recommended retail prices for the Products (RRP) and vary the RRP from time to time by notice to you. You may sell the Products at any price however we highly recommend Products are not sold below the wholesale price at which the Products are purchased from us.
c) You must only sell the Products in accordance with any applicable laws and you must ensure that in selling the Products to end customers:
- you do so with due care and consideration and ensuring the appropriate Products are provided to each end customer;
- that end customers are given instructions on the proper care and usage of the Products;
- use your best efforts to market, sell and distribute the Products while this agreement is in force;
- you provide ongoing support to end customers, such as by fielding any ongoing questions customers may have regarding care and usage of the Products;
- you comply with the reasonable directions and instructions of Paloma Living, including any documentation, manuals or instructions provided by us; and
- have in place a returns policy for the sale of the Products in accordance with applicable laws.
d) You agree to act at all times in a manner that promotes Paloma Living and not do any act that could bring us into disrepute or otherwise damage Paloma Living’s reputation.
e) You must not subcontract any of your rights under this agreement without first obtaining our prior written approval.
MARKETING AND PACKAGING
a) You must:
- only sell the Products under Paloma Living’s brand;
- only use the marketing, packaging and promotional materials which are provided by us or as set out on our Website; and
- comply with any directions or limitations specified by us when marketing or promoting the Products.
b) You are strictly prohibited from altering and/or modifying such marketing, packaging and promotional materials without our approval.
c) We may list, and you accordingly grant us an irrevocable licence to list your business details (with its logo, business name and address details) on our Website as a stockist of the Products.
d) (Packaging and Labelling) Our packaging and labelling design is final. You must not amend, vary or otherwise adapt any packaging or labelling of the Products. You must also not apply your own packaging or labelling to the Products.
a) You acknowledge and agree that we wholesale our Products to other approved retailers and nothing in this agreement creates any exclusivity between us and you in respect of the Products.
b) Whilst we are mindful of the proximity of retailers of the Products, we may, at any time and in our sole discretion, sell Products to retailers in close proximity to your Approved Retail Location or any other premises you operate from.
Last updated on 20 April 2023
Paloma Living Pty Ltd
ABN 86 604 778 190