1.1 These Terms and Conditions, together with our Privacy Policy, apply to your use of the Of This Place by Talludden Pty Ltd ABN: 64 875 303 247 (“we”, “our” or “us”) website located at ofthisplace.com.au (“Site”).

1.2 By browsing or using the Site, including using the Site to make an Order, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the "Agreement"). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

2.1 In this Agreement:

2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3.1 If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.

3.2 You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws that apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

3.3 We may, in our absolute discretion, restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.

3.4 The Site may contain links to third party websites. Any links to such websites are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

3.5 You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.

3.6 Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.

3.7 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

3.8 We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.

4.1 You must be eighteen (18) years of age or over to  Order and/or purchase Products or Services on, or via, the Site. If you are under the age of 18 years (“Minor”), you must immediately cease accessing and using the Site unless you have permission from a parent or guardian to use the Site.

4.2 If you are found to be a Minor, we are entitled, at our absolute discretion, to cancel or terminate any Order and/or purchase of Products or Services made on, or via, the Site.

4.3 Any Order made by you using this Site and your continued use of the Site is an acknowledgement by you that:

4.4 If you are a parent or guardian permitting a Minor to use the Site, you agree to:

4.5 We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use this Site.

4.6 We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who causes an Order to be placed.

5.1 All prices listed on the Site are in Australian Dollars and do not include Delivery Costs.

5.2 All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes will only be applied if changes to the Order has been requested by the Client and agreed to by Of This Place.

5.3 You agree to pay Delivery Costs as they are and listed in the Order confirmation e-mail at the time of purchase.

5.4 To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.

6.1 Although we endeavour to provide accurate and complete information on the Products and Services listed or advertised on the Site, we cannot guarantee that the information is up to date, accurate and complete at all times.

6.2 We reserve the right to (but are not obligated to) make changes or updates to information displayed on the Site at any time without notice to you.

6.3 We reserve the right to alter the specifications of Products without notice. Such an alteration does not entitle you to return a Product or cancel an Order unless the alteration is material.

6.4 Unless otherwise stated, any accessories, decorations or furnishings shown in images of Products or Services on the Site are not included.

6.5 All weights, heights and other measurements listed on the Product specifications are provided for reference and are approximate only.

6.6 Slight colour variations in Products displayed on the Site and their actual colour may occur due to the settings and type of computer/mobile device which you are using to view the Site.

7.1 You can place an Order by completing the Order form on the Site. Orders are subject to the availability of Products and/or Services.

7.2 An Order is not accepted or confirmed until we confirm by email (to your nominated email address as listed in your Account or provided by you while placing an Order):

7.3 To the maximum extent permitted by law, Orders may not be cancelled by you once they have been accepted by us.

7.4 We operate an online business and we will communicate with Customers or visitors to our Site who make an enquiry primarily via electronic communication. It is the Customer’s responsibility to therefore ensure that the correct contact details are provided and that the nominated email address and phone number are regularly checked for email correspondence or SMS Notifications.

7.5 Each Order (once confirmed by us in writing) represents a separate agreement between the parties (and each separate Order placed by you on, or via, the Site will be subject to this Agreement).

7.6 We reserve the right, at our absolute discretion, to:

7.7 If an Order has been cancelled, refused or cannot be met due to unavailability of Products and/or Services, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.

7.8 We accept no responsibility for Orders that are declined, misplaced, not received or not accepted due to disruptions caused to our internet connections or our computer systems.

7.9 Where you have provided an incorrect or incomplete delivery address for your Order and your Order is returned to us, we may redeliver the Order at your request and charge a Delivery Cost for each subsequent delivery attempt.

7.10 We do not guarantee the availability of any Products or Services displayed or ordered on, or via, the Site.

9.1 We will use reasonable endeavours to ensure that all Products or Services are delivered in a prompt and timely manner. However, delivery dates are estimates only and factors outside our control may result in delays to delivery. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of any such delays.

9.2 For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside of our control or the control of our third-party couriers or suppliers. Specifically, any made-to-order Sofa may occur additional lead times due to local manufacturing and delays with materials. We will update our clients with these delays on a weekly basis. Customer sofa orders can not be cancelled.

9.3 You will receive a dispatch confirmation email with your tracking details (if available).

9.4 Where the scheduled dispatch of a Product is delayed by more than four weeks, we will notify you by email, phone call, or SMS Notification.

9.5 We will not deliver Products to PO Box addresses or post restante addresses.

9.6 We will not deliver Products to addresses outside of Australia.

9.7 Delivery Costs will vary depending on the Order you have made, the method of delivery, the location (including its difficulty) for delivery and any taxes or duties that may be charged in relation to delivery of the Order.

9.8 We may require you to contribute additional reasonable Delivery Costs for rural deliveries.

9.9 Orders must be paid in full before delivery can be made. You acknowledge and agree that it is your responsibility to ensure that you have nominated the correct delivery address and provided sufficient and appropriate details to identify the recipient in making an Order, and we are not responsible for any misplaced Products or for delivery of any Order to an unintended recipient as a consequence of incorrect details.

9.10 You must ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Title and risk in the Products pass to the Customer on signing for delivery of the Products. Where a Customer gives written authority for Products to be delivered without a signature:

9.11 The delivery date and time will vary in accordance with the nominated courier.

9.12 We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with our nominated courier company in relation to date of delivery and to make themselves available to take delivery at the nominated time for delivery.

9.13 Any information provided by us to a Customer in relation to the method of delivery and estimated delivery time will be from a third party, and as such we do not guarantee the accuracy or currency of such information.

9.14 We will dispatch in-stock Products within two to four Business Days of an Order being confirmed unless otherwise specified on the Site.

9.15 If you have Ordered multiple Products with different expected dispatch dates, the Order will be not be delivered until the final Product becomes available for delivery. Extra Delivery Costs will be incurred by you if you request multiple deliveries in this case.

9.16 We reserve the right to charge extra Delivery Costs for Customers who require a two-person delivery, assembly, or rubbish removal.

9.17 From time to time, Products are supplied by different workshops and so may be delivered separately at different times.

9.18 When submitting an Order, you may select to pick up your Products from our Sydney workshop rather than have them delivered. This may require you to physically assist us in loading the Product into your vehicle. Such assistance is required under this delivery option by Occupational Health and Safety requirements. This requirement is stated clearly multiple times on our Site. We are not liable for Customers who do not read this information at the time of purchase.

9.19 The following conditions apply to Sydney Workshop Pick Up Products:

12.1 We may run free shipping promotions from time to time for our standard delivery service, which does not include placement inside the address, assembly, or rubbish removal (“Free Shipping”).

12.2 Free Shipping can only be applied to Orders for full priced Products unless otherwise specified by us.

12.3 We may require you to contribute reasonable Delivery Costs if your location is deemed regional, rural or where there is limited service from our courier network..

13.1 Approved design and trade professionals will benefit from an exclusive pricing discount of up to 10% on Products (“Trade Customer”). To register as a Trade Customer, you must submit a application request to emelie@ofthisplace.com.au and be approved by us. 

13.2 By registering as a Trade Customer, you agree to be part of our Trade Customer database, which includes receiving promotional content from us relating to discounts and trade events hosted by us.

13.3 The Trade Customer discount cannot be used in conjunction with any other Discount or Promotion.

14.1 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation (the “Acts”) where to do so is unlawful.

14.2 To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Products or Services again or payment of the cost of having the Products or Services supplied again.

14.3 To the maximum extent permitted by law, we will not provide you with a refund, or exchange or repair the Products or Services Ordered by you on, or via, the Site where:

14.4 Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you.

15.1 If a Product is damaged, incorrect or faulty, you must contact us within 24 hours of delivery at emelie@ofthisplace.com.au to arrange your return or exchange. You must comply with directions or instructions given by us in relation to returning the damaged, faulty or defective Product to the manufacturer or us.

15.2 We request that you closely inspect all products immediately on delivery and report any damaged or faulty Products to us within 24 hours of delivery.

16.1 Refunds and replacements for Products may only be received in accordance with this clause 16.

16.2 You are only entitled to a replacement if a Product is:

(a) damaged, incorrect or faulty on delivery and you have followed the process in clause 15;

and repair is not possible.

16.3 You are only entitled to a refund if:

(a) the problem with the Product is major 

16.3 Product needs to be returned to the Of This Place workshop. If you are returning Products due to a fault or defect, you may return the Products without their original packaging.

16.4 It is the Customer’s responsibility to ensure that returned Products are returned safely and within 7 days from the date of receipt of delivery, that we are notified of this and are given an opportunity to respond to you with a procedure for returning the Products. We accept no responsibility for Products lost in transit.

16.5 You are liable for the Delivery Costs of both delivery and retrieval of any returned Product including for a Product that was purchased with Free Shipping.

16.6 Where you are returning Products to us because of major fault, we will cover the Delivery Costs of retrieving the returned Products.

16.7 Customers who are permitted to receive a refund will have the refund processed using the same Payment Processing Service and to the same bank card as used in making the Order.

16.8 Except for refunds under clause 16.7, the Delivery Cost including retrieving the returned Product will be deducted from the refund amount.

17.1 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.

17.2 You may access and use the Site (including Intellectual Property Rights contained therein). You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.

17.3 By uploading, posting, transmitting or otherwise making available any content or material via the Site ("Your Content"), you:

17.4 We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Site, at any time, for any reason and without notice to you.

17.5 You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.

18.1 You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.2 You must not establish a link to the Site from any website that is not owned by you.

18.3 This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

19.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.

20.1 To the maximum extent permitted by law, we exclude all:

20.2 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Product in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

20.3 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

21.1 We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

21.2 You consent to us contacting you via SMS for the purpose of communicating updates, changes or notifications in relation to your Order, and marketing purposes (“SMS Notifications”).

22.1 We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.

22.2 Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

22.3 Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

22.4 A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

22.5 This Agreement is governed by, and must be construed according to, the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction there.