Your rights under the Australian Consumer Law
Your purchase of Goods is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods:
- must be of acceptable quality;
- be reasonably fit for the purpose that we say they will be fit for; and
- will correspond with any relevant description.
Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.We may update these Terms & Conditions from time to time. The current version will always be published on the Website. We encourage you to read these Terms & Conditions, and contact us if you have any questions. Our Goods are intended for personal, domestic, non-commercial use only.
- Stock availability may be affected by supplier delays. As such we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. We reserves the right to withdraw or suspend from sale any Goods displayed in any Publication, either temporarily or permanently, at any time without notice to you. We may also cancel an Order at any time before delivery where (without limitation):
- our suppliers are unable to supply the Goods under an order we have given them;
- any event beyond our control means that we are unable to supply the Goods within a reasonable time;
- Goods were misdescribed (such as price, functionality, or incorrect image), which was not identified before we accepted your Order; or
- you ask us to cancel your Order if you are entitled to do so under these Terms & Conditions.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), We will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or otherwise.
- Despite paragraph Goods not immediately available will be supplied to you at the price displayed in a Publication at the time you place your Order. Excludes products marked “Limited Stock” “Discontinued Item”, “End of Range” or “Once only bulk buy”
Cancellation of Orders
- You may cancel your Order if:
- a cooling off period applies (such as for Special Orders (see below)).
- we have breached a material term of these Terms & Conditions.
- we are not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website unless for reasons outside our control.
Unless otherwise permitted under these Terms & Conditions Orders, once accepted, may not be cancelled or varied or cancellation or variation fees may apply.You cannot cancel an Order once Goods have shipped in any circumstances. Special Orders cannot be cancelled after the applicable cooling off period (if any).If we cancel your Order after acceptance, we will send you an e-mail notifying you of that cancellation. If we do, we will refund any money paid in respect of that Order unless an amount paid is subject to be forfeited (such as the non-refundable deposit for Special Orders).Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms & Conditions, We will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or otherwise.
Placing Orders Online
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), We will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your Account information being incomplete or inaccurate; or
- any unauthorised use of your Password or Account which takes place before you notify us.
- You may place an Order by following the instructions on the Website.
- We endeavour to ensure that all Goods on our Website are accurately described. For Online Exclusive Goods, we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our Website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an Order.
- To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our Website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our Website.
- We do what we can to make sure that all colours are displayed accurately. However, you should be aware that colours may present differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. Any returns based on colour variations are considered a customer’s change of mind and administered accordingly.
- On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our Website at any time and/or remove or edit any materials or content on our Website.
- If Goods are unavailable, we reserve the right to cancel your Order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your Order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms & Conditions or our Website.
- We may refuse to process or refuse service to anyone at any time at our sole discretion. Whilst we will do what we can to process all Orders, there may be exceptional circumstances where we refuse to process an Order after we have sent you an order confirmation. We will not be liable to you or any other third party by reason of our withdrawing any Goods from our Website, whether it has been sold or not, removing or editing any materials or contents on our Website, or for refusing to process or accept an Order after we have sent you the order confirmation.
- An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. We may accept or reject your offer in its absolute discretion. In particular, but without limitation, We may reject Orders for commercial quantities of Goods.
- If you place an Order for someone else to receive the Goods you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm that you have that consent.
- You must ensure that you enter all information carefully when placing an Order. You warrant that all information provided by you in relation to each Order is complete, true and accurate.
- Orders may not be cancelled or changed once the Order has been accepted unless permitted under these Terms & Conditions.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), We will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted, whether in contract, negligence or otherwise.
- When you submit an Order on the Website you will receive an Order reference number via e-mail.
- You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, We may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise us to deduct the price and the applicable delivery charge(s) from such card.
- We may change the payment methods that can be used for Orders at any time in our absolute discretion.
- Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
- We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
- To minimise risk of fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).
Delivery charges (if any) are payable in addition to the price for the Goods (Delivery Charges) Delivery fees and times vary for different types of Goods and are calculated based on the size and weight of your order and its destination. For Orders through the Website, any Delivery Charge will appear in your shopping cart. Delivery charges for Online Exclusive Goods will be shown separately. You may also receive multiple deliveries for an Order. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point must be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service.You may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area not normally serviced by our delivery contractor (Additional Delivery Charge). Additional Delivery Charges may apply even where the item is shown on the Website as “free delivery”, “free freight” or similarIf an Additional Delivery Charge applies we will contact you before accepting your Order and provide you with a quote. If you do not accept the Additional Delivery Charge, we will cancel your Order. Darling Child will not take payment for your Order until you have confirmed your acceptance of any Additional Delivery Charge. By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.Listings on our Website may include an estimated dispatch time frame Typically, Goods listed on the Website will be dispatched from warehouse within 24 to 72 business hours. In some cases, the estimated dispatch time frame will be longer, for example Special Orders. From time to time the delivery of particular Goods will exceed our usual stated delivery window for reasons outside our control. We will do what we can to make sure all Orders are delivered as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.For larger high value items, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service.We cannot deliver to PO boxes or Parcel Lockers because they’re usually too small to accept most of the items we sell. Most of our goods are delivered by courier or specialist furniture carrier directly to your door and require a signature upon delivery.Our delivery partner may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the courier company to arrange for redelivery.We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing. We are not able to accept orders for international delivery at this time.You must verify your information is correct before placing your Order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional Delivery Charges in order for your delivery to reach you. By placing an Order, you agree to us passing on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by our delivery partner to arrange delivery. If we (or our delivery partner) are unable to deliver your Order due to your error, we reserve the right to cancel your Order. In these circumstances we will refund you the price of your Order, less the Delivery Charges and other costs incurred by us.
Refunds & Returns (including Quality Guarantee & Guide)
The Goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you. we want you to have a fulfilling shopping experience either in-store or on-line. We want you to love your new furniture. If within 30 days of the date of your tax invoice (for most Orders) you find it doesn’t fit (or doesn’t match) or you have simply changed your mind we will (at our discretion) happily exchange your Goods for Goods of equivalent value or provide you with a refund. Please note: exclusions and additional conditions apply for Online Exclusive Goods and Special Orders (see below).There are no refunds or returns for change of mind after any applicable cooling off period above. Non-returnable items excluded from all change of mind returns include:
- Special Orders.
- mattresses, bedding, pillows.
- Goods sold “As is”
Of course, our Quality Guarantee will continue to apply. And please remember, refunds or returns are only available where the product is returned undamaged, in its original condition and packaging, complete with instruction manuals, assembly instructions and accessories. You are also responsible for all transportation costs (although we will do what we can to minimise them).You must provide us with reasonable proof of purchase to obtain a refund, exchange or to repair a product that you have purchased from us. Proof of purchase includes:
- the invoice.
- receipt or delivery note for online purchases. Unfortunately.
- finance documentation.
Whilst we will make every effort to locate transaction receipts through our system if you have lost or misplaced your tax invoice, we will only accept a bank or credit card statement if the amount on that statement directly corresponds to the amount for which the product in question was purchased. Multiple item purchases in one transaction will limit our ability to establish proof of purchase.
Refunds & returns for unsafe, defective or damaged goods or goods which don’t match description:Your entitlement to a refund, repair or replacement for unsafe, defective or damaged goods is outlined in our Quality Guarantee. All faults or defects should be reported to us within 7 days of the defect or fault appearing to avoid any further damage. You may lose the benefit of the Quality Guarantee unless you abide by its terms. To protect your privacy and ensure funds are returned to the original purchaser, we do not perform refunds over the phone for payments made by eftpos or credit card.
Online Exclusive Goods
The following conditions apply to purchases of Online Exclusive Goods. You are responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your Order. This includes the costs of shipping the item to you in the first place and the cost of return shipping. You must lodge a return request by email (indicated with each product) indicating the order number and our customer care team will arrange the return for you. Goods returned must be in ‘as-new’ condition. This means you have not used, assembled or damaged any of the items. Goods must be returned in their original packaging. If you cannot return an item ‘as new’ and in its original packaging a return for change of mind is not available. Within 5 business days of receiving your return, and subject to confirming it is in ‘as-new’ condition, we will issue you with a refund for an amount equal to the price you paid for the Goods, less the cost to ship the Goods to you and the return shipping back to the warehouse.Unfortunately, we do not offer exchanges for Online Exclusive Goods. Simply return your items as above and place a new order
Special Orders are for products that are made according to your unique requirements or for Goods which are not currently stocked but which may available to us on special order (like colour variations and mattress sizes). As Special Orders are custom made, modified or specially ordered, certain additional Terms & Conditions apply including:
- a Cooling Off Period of 48 hours applies to Special Orders. You may cancel your Order and obtain a full refund of your deposit at any time during the Cooling Off Period. However if you do not cancel within the Cooling Off Period, your Order is confirmed and your Deposit is not refundable in any circumstances
- a 20% deposit (or 100% for cut-down blinds) is payable on order placement which is non-refundable after the 48 Hour cooling off period (Deposit)
- the Deposit must be paid in cash or credit card (not on Interest Free terms).
- holding charges may apply if you fail to arrange for collection or delivery within a reasonable time of being notified of availability
Please also note that delivery of Special Orders may take between 10-12 weeks and that the timing of any replacement or repairs under our Quality Guarantee are subject to similar timeframes.
Fast Shipping from is only available to addresses within the Brisbane metropolitan zone and is available on selected products and/or colours in stock at the state distribution centre at time of purchase.
It is your responsibility to ensure the accuracy of all measurements. Different applications are measured differently. Do not rely on measurements from plans as they may vary from “as built” dimensions. Cut-down products are suitable only to you. Payment in full is required at the time an order for cut-down products is placed. Your order will not be processed until payment is received.Orders for cut-down products cannot be cancelled and there are no refunds for cut-down products incorrectly measured if they don’t fit.Only standard hardware is supplied with cut-down products. Any additional hardware required is your responsibility.Our Quality Guarantee applies to cut-down products however our Satisfaction Guarantee does not Whilst we will do what we can, we are not responsible for future damage resulting from the modifications such as fabric fraying or loose stitching
Confirmation of ID
When ordering online or over the phone, you may be requested to provide proof of ID (e.g. drivers licence or passport) and to present the credit card used to purchase any item prior to delivery.
Protection of systems and devices
It is your responsibility to ensure that you have sufficient protections in place to protect your device (PC, tablet, smartphone etc) and systems and to scan any materials from this Website for viruses or other defects or corruptions that may cause damage to or interfere with your device or systems. We do not warrant that its Website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this Website. We will also not be liable and accepts no responsibility for any interruption to your access to this site.
This site may contain links to other Websites. The presence of a link is not an endorsement of the site or the information contained on it. Further, We have no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or caused by any linked site