Introduction
These Terms and Conditions govern the use of Relax House's web site ("the web site") and the purchase of any goods from Relax House, and its associated companies and entities through the website. Please note if you are interested in obtaining a trading account, please fill out the Trading Account Request Form accessible here [insert hyperlink], and submit the form to us. All orders for trading account customers whether via this website or otherwise are subject to the trading account terms and conditions.
All goods sold remain the property of the seller until goods are paid for in full.
Until the payment of all monies due under the business relationship including any finance bills or return bills which may exist, the seller retains title in the goods delivered by him, which may only be sold on in the course of the buyer's normal business dealings.
The products and services offered for sale by Relax House are not available to persons under the age of 18 year old and any other persons who are legally prohibited form entering into binding contracts. Any party engaged in illegal activities involving the use of the web site will be subject to civil and criminal sanctions and prosecution. Relax House does not guarantee that it will be able to prevent any illegal or inappropriate use of this web site, nor that it will give notice of any illegal or inappropriate use of the web site.
Most goods and services attract a Goods and Services Tax (GST) at 10% if delivered in Australia. The GST-inclusive price that appears on the site is the price you pay.
It is a violation of the law to place orders under a false name or with a fraudulently obtained credit card. Fraudulent ordering will be prosecuted to the fullest extent the law allows.
Acknowledgment and acceptance of Terms and Conditions
relaxhouse.com.au web site is owned and operated by Relax House. Relax House is a trading name of the Parnham Group Trust ABN 56 386 197 633
By accessing, browsing, or using this web site, you agree to the terms, conditions, disclaimers and limitations of liability herein as amended from time to time. By purchasing an item advertised on this web site and/or by completing the registration process to become an Associate (stockist) of Relax House ("an associate"), you agree to be bound by these Terms and Conditions. Relax House may amend these Terms and Conditions from time to time and any amendment constitutes an agreement to abide by and be bound by those Terms and Conditions, as amended. By using the web site, you acknowledge that you have read and understood these Terms and Conditions.
Limitation of Liability
Any liability of Relax House or Relax House's Employees and Agents in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Relax House be limited to:
1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
Retention of Title
Goods sold via this website are required to be paid in full before delivery. However, if goods are delivered before payment in full, then such goods are delivered subject to retention of title and the customer grants a security interest in the goods and their proceeds in accordance with the Personal Property Securities Act 2009 (Cth) (“PPSA”) and agrees to do all things necessary, at their expense, to assist us to register a financing change statement or a financing statement in respect of the security interest and otherwise, maintain, register and enforce our security interest.
The following paragraph applies if the goods are not used for predominately personal, domestic or household purposes. The customer waives any right to receive notice in relation to any registration on the register and warrants that the goods. The customer shall not change its name or details without first notifying us of the new name or details at least 7 days before the change takes effect. To the extent permissible under section 115 of the PPSA, the customer agrees that the following provisions of the PPSA will not apply and the customer will have no rights under them: section 95, 96, 118,121(4), 125, 127, 129(2) and (3), 130, 132, 134(2), 135, 136(3), (4) and (5), 137, 142 and 143.
As and when required by Relax House, the customer shall, at its own expense, provide all reasonable assistance and relevant information to enable Relax House to register a financing statement or a financing change statement and generally to obtain, maintain, register and enforce our security interest in respect of the goods and their proceeds.
The customer irrevocably authorises Relax House to enter any premises where the goods are kept, and to use the name of the customer and to act on its behalf, if necessary to recover possession of the good, and seize the goods in accordance with the PPSA without liability for trespass or any resulting damage.
Disclaimer
This Disclaimer constitutes part of these Terms and Conditions.
Copyright
Copyright in Relax House web site is property of Relax House . Material on this web site also comprises copyright material, trademarks and registered trademarks which are the property of Relax House and third parties. This property may only be used for the purposes of browsing the Relax House web site and acquiring goods and services of Relax House
Applicable Law
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
Information Provided by You
If you purchase goods and services from Relax House or register as an associate with us, we may require you to provide your name, address, email address or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Relax House with current, complete and accurate customer information when asked to do so by the web site or an employee of Relax House .
Virus Warning
All care is taken to ensure that Relax House web site and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Product Information
Prices of goods and services and delivery and other charges displayed on the web site are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the web site is accurate, complete, reliable, current or error free.
Placing and Accepting Orders
Orders will not be dispatched until payment in full has been received and we're satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, we are not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancellation by Us
We reserve the right not to provide goods or services, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
Cancellation by You
If you need to cancel an order, please contact us immediately on 03 8585 6655. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
Delivery
How Will My Order Ship?
We use Toll Ipec for delivery within Australia. The cost of freight is calculated at the checkout based on the item size and weight and your delivery address. You can see the freight amount calculated BEFORE you finalise your purchase. Just put the item(s) in your basket and proceed to the check out.
When Will My Order Arrive?
Delivery times vary depending on your location. Orders are usually sent on the next business day.
You will receive an email a day after your order has been sent containing the tracking number and a link to the tracking site.
Items must be signed for, they can NOT be left unattended. If nobody is there to sign for the parcel, a calling card should be left and you will need to call to arrange to collect the goods. Please contact the transport company first and see if they have any goods waiting for collection BEFORE you contact us.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not despatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion.
As a guide only, our couriers attempt to deliver during business hours (between 9am and 5pm). Unfortunately, we are unable give a guaranteed exact time of delivery.
You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order unless otherwise agreed.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Do you ship orders internationally?
(To countries other than Australia)
Yes we do, but you must pay by direct deposit. If you wish to pay be credit card we will take the following precautions due to the high level of credit card fraud experienced.
- We will only ship to select countries.
- We will not deliver to any other address other than the person placing the order.
- We only ship to physical addresses where we can verify the occupant is the same as the person whose name appears on the credit card.
We use Toll Ipec for shipping within Australia. The cost of freight is calculated at the checkout based on the item size and weight and your delivery address. You can see the postage amount calculated BEFORE you finalise your purchase. Just put the item(s) in your basket and proceed to the check out.
You will receive an email a day after your order has been sent containing the consignment number and a link to parcel tracking site.
An insurance fee is added to all orders shipped out of Australia. This enables parcel tracking. Delivery times vary depending on your location. Orders are usually sent on the next business day. Items can only be left at the delivery address if someone is there to sign for them, they CAN NOT be left unattended. If nobody is present to sign for the goods, a calling card will be left and you will need to contact the freight company to make arrangements. If you have not received your order in the specified time, please contact the freight company first and see if they have any goods waiting for collection BEFORE you contact us.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is the responsibility of the customer to inform us if an order does not arrive. Once we learn an order has not arrived, we will lodge enquiries with our delivery partners to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item until we have resolved the problem. Replacement items will be dispatched according to our discretion.
As a guide only, our couriers attempt to deliver during business hours (between 9am and 5pm). Unfortunately, we are unable give a guaranteed exact time of delivery.
You agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel an order unless otherwise agreed.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Relax House and Relax House's Employees and Agents which relate to or are incidental to any transaction.
You agree to indemnify and hold Relax House harmless from and against any and all claims, loss or expense that may be incurred by Relax House or Relax House's Employees and Agents which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Relax House and Relax House's Employees and Agents harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.