Terms Conditions
DISCLAIMER FOR PRODUCTS SOLD
Please choose carefully as we don’t give refunds if you simply change your mind, make a wrong decision or the purchase cannot go through your doors.
Except as expressly stated herein, Two Sticks Pty Ltd trading as Clement Studio makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. In no event shall Clement Studio, its Directors, Employees and Representatives be liable for direct, indirect, consequential or punitive damages related to the products sold.
ABOUT DELIVERY
DELIVERY SERVICES & CHARGES
COLLECTION FROM OUR WAREHOUSE
Our warehouse is located at 42 Hoffman Drive, Noosaville. If you would like to collect your items from our warehouse you must arrange to meet us there before hand by calling 0414343779 between 10am and 5pm Brisbane time weekdays.
AUSTRALIA POST
Items that weigh 5kg or less will be dispatched with Australia Post’s Internet enabled freight system (eParcel).
Each parcel will carry a barcoded address label, enabling you to view the location of
your item at various points in the delivery process via Australia Post’s online tracking tool.
When your order is dispatched, you will be given a consignment number.
You can use the number to track your order at the Australia Post’s website.
E-GO
Items that weigh over 5kg will be dispatched through e-go. Each package will be taken from our warehouse in Noosaville every Wednesday at 9am to the nearest e-go depot and dispatched from there. Any items ordered before Tuesday 12pm Brisbane time will be dispatched the very next Wednesday at 9am. Orders received after 12pm Tuesday will be dispatched the following Wednesday the week after at 9am.
The cost of this service has been calculated for major metropolitan areas only through our shopping cart process. The metropolitan areas are specifically marked on the maps below:
If you are outside of the major metropolitan areas as per our maps, please select the appropriate option at the point of purchase and we will contact you directly to work out the most cost effective way of having your items delivered.
If you are outside of the major metropolitan areas as per our maps and you have selected a metropolitan area at the point of checkout, we will contact contact you directly to work out the most cost effective way of having your items delivered.
E-go will deliver items usually within 7 days, however sometimes delays will occur and are entirely outside of our control. We will do our best to keep you informed of any changes to expected delivery.
E-go do not offer a tracking service, however each deliver will come with an itinerary.
E-go do not deliver to PO Boxes.
Undeliverable Packages
In the unlikely event that your parcel is returned to us, our customer service representative will contact you via email.
Inaccurate address
If there are any address discrepancies with your order and the product is returned to us, a customer care team
member will be in touch. A re-delivery cost will occur for any products that are returned to us.
Unsuccessful Delivery Attempt
A notification will be left in the mailbox to pick up your parcel at your local post office if you are not present when the order is delivered by Australia Post.
If your item is being delivered by e-go , arrangements will be made in advance to deliver your item at your convenience.
ABOUT PAYMENT & PAYMENT METHODS
All prices quoted on the site are in Australia Dollars and are inclusive of GST
We accept all Visa, MasterCard, Bankcard, Diners Club and American Express. All online payments are made via the Shopify payment gateway.
We also accept payment via Cheque, Money Order or Electronic Funds Transfer (EFT), please contact us for these payment details.
Payment in full is required prior to delivery arrangements can be made, as payment on delivery can not be accepted.
We do not accept payment through Paypal.
ABOUT REFUNDS & RETURNS
WARRANTY
In addition to any warranties and conditions implied by the Trade Practices Act, we provide a separate warranty 1 year warranty on manufacturing faults. To prolong the life and enjoyment of your product please follow the instructions for care. Please note your warranty will not apply to the extent that fault is caused by abuse and misuse, or damage through accident or neglect. In the event of a warranty claim, the item must be returned to our warehouse in Noosaville at the customers expense where we will repair the goods for you.
Damage Claims
All items need to be checked prior to the driver leaving your premises. Clement Studio will not be liable once the driver has left your premises. For all damages on boxed items please call Clement Studio by 5.00pm the next business day after the date of delivery. Clement Studio will not be liable if damages are not claimed within this time. For goods that are being picked up, Clement Studio will not be liable after the goods have left our premises.
Exclusions
Clement Studio accepts no responsibility for any loss of colour or other changes in appearance ('exposure'), deterioration due to daily usage ('general wear'), or if furniture is used in ways not intended or beyond its designed function.
The warranty provided by Clement Studio is only valid for the original purchaser and is non-transferable; it also covers items used within the scope of regular domestic activities only.
The warranty from Clement Studio explicitly excludes the following:
- The natural progression of wear and tear over time, which can include but is not limited to material pilling, colour fading, or the breakdown of the product or its components
- Damage resulting from incorrect handling, such as unsuitable cleaning methods, carelessness, or neglect, as well as damage incurred during transportation or storage or caused by the customer's actions or lack thereof
- Any problems that arise due to alterations made to the products, incorrect assembly, tampering, or usage in a manner inconsistent with the product's intended purpose or under abnormal conditions
- Deterioration related to the product's exposure to harsh weather conditions, including prolonged sunlight, extreme temperature variations, or harmful chemicals that may compromise the product's finish or integrity
- The occurrence of indentations on mattresses, sofas, and seating that measure less than 32mm in depth
- Any damage attributable to unforeseen natural events or disasters.
- Any apparent defects in products that are purchased in a sale condition labeled 'As Is' or as 'Floorstock', which the customer was made aware of at the time of purchase
- Any product that is employed in a commercial setting, exceeding the limitations of typical domestic use.
Warranty Period
1. Clement Studio warrants that from the date of purchase, all Products (or components of Products as the case may be) will be free from defects in workmanship and materials for the Warranty Period described in your Tax Invoice.
2. Warranty Periods commence from the date of your Tax Invoice. If a Product is replaced under this Warranty, the Warranty Period for that replacement Product expires on the same date as the Warranty Period for the original Product
3. This Warranty covers all parts and materials of the Product found to be defective in manufacturing or materials during the applicable Warranty Period.
4. The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order at the original delivery address. The warranty against defects only applies to products that are used for normal domestic purposes and excludes products used for commercial purposes
5. Where a “Major Defect” in the Product occurs within the first 12 months of a Warranty Period, we will, at our discretion, either decide to replace the Product or repair it.
6. Where a defect in the Product is identified within the Warranty Period which:
a. does not constitute a Major Defect; or
b. is a Major Defect which is identified after the first 12 months of the Warranty Period.
we will at our option, replace the Product, repair the Product or provide you with a full refund.
7. A Major Defect occurs when:
a. the Product would not have been acquired by a reasonable consumer fully aware of the nature and extent of the defect; or
b. the Product departs in a significant respect from any description, sample or model; or
c. the Product is substantially unfit for purpose and cannot be easily remedied within a reasonable time; or
d. the Product is unsafe.
Scuff marks, fabric pilling, loose stitching, tears to dust covers, small tears, softening of foam and fillings and form the shape of the user, generally will not constitute a Major Defect under this Warranty.
8. Clement Studio’s liability under this Warranty does not extend to:
a. damage, failure, fading, or deterioration (of the whole of the Product or its components) caused by normal wear & tear; or
b. damage (including corrosion) caused by improper use, assembly, placement, storage care or maintenance, including damage caused by failing to adhere to care instructions.; or
c. damage caused in circumstances where the Product has been used commercially or in a manner which is greater than, or exceptional to normal domestic use; or
d. breakage or damage to glass table tops or mirrors; or
e. damage caused by Acts of God; or
f. defects in Products sold “As Is” which have been brought to your attention prior to purchase.
g. the cost of transporting the Product to and/or from the specified place of repair or replacement.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Clement Studio. Any and all material which appears on this site, including text, logos, graphics, images, photographs, icons, site design, graphics and other material (collectively the "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2011, ALL RIGHTS RESERVED.
PRIVACY STATEMENT
Clement Studio respects the Guidelines suggested by the Australian Direct Marketing Association, in it's Code of Practice for Consumer Protection in ecommerce. We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences
Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit. In line with those guidelines, Clement Studio would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as the Domain Name Registries. Please see our privacy policy here
GENERAL TERMS OF USE
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Clement Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Clement Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at clementstudio.com.au.