Conditions of Use
By using or accessing our website and/or placing any order(s), you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our website or place orders.
These terms relate to sales over the Internet and over the phone with OakinVogue.com.au
1.1 We and our suppliers have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. This includes adjustments to sizes or ornamental detailing on individual items purchased. Please email or call ahead to check exact sizes or potential ornamental changes as on occasions minor adjustments may have been made by our supplier.
1.2 Products supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the products supplied will be of equivalent value, functionality and appearance.
1.3 All our furniture is made from quality natural wood and accordingly appearances may vary. Some woods will mellow with age and exposure to sunlight. When you are purchasing our furniture you are buying handmade furniture where varying degrees of distressing is generally applied. This is very much intended and makes each piece totally individual as desired by the craftsmen. We sell only genuine rustic designs with varying degrees of distressing from piece to piece; this may involve wood splits, wood filling, knots, purpose distress/scratch marks, antiquing etc etc. Certain degrees of filler will be used on oak furniture this is common and very much part of the manufacturing process. Please note that our Indian items are usually of a very rustic nature and a heavy distressing is usually applied, this may appear as a dulling or rubbing effect to the waxed finish, knotty and grainy woods are used, this is as intended by the supplier.
1.4 Leather products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide.
1.5 The majority of our products are sold fully assembled, however on occasions certain pieces will need minimal assembly, this has been deemed fit to protect the item in carriage.
1.6 We endeavour to display as accurately as possible the colours of our products that appear on the website. However we cannot guarantee the complete accuracy of the pictures or photographs that are shown. Many conditions such as monitor settings and batching can affect the colouring of items in a picture.
1.7 From time to time we have a specifically marked section of our site marked as clearance ranges, when you purchase items from a clearance/discontinued range please note that this stock is new and boxed. The items are from a discontinued range and as such are being sold as seconds. These items have been excessively handled so may have knocks, scratches or other defects due to being over handled. The sale price takes this into consideration.
1.8 The majority of our products are designed with no home assembly needed, however on occasions to aid in delivery or to avoid damage, our designers have deemed it best that certain items will need minimal home assembly. Items needing minimal home assembly will be clearly identified in the individual item description. Our designers have to the best of their ability ensured any assembly is as simple as possible and in no way detracts from the quality or structural integrity of the product. We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you, or minor alterations made by the supplier. Please email ahead if a small change in size may deem the item unusable.
2. Measurements
2.1 We will not accept any liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you, or minor alterations made by the supplier. Please email ahead if a small change in size may deem the item unusable.
2.2 All dimensions specified by us are approximate.
3. Prices
3.1 All prices include GST, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
3.2 The prices displayed on the website are for on-line purchases and promotions only and are not transferable to sales through any other means.
3.3 The prices displayed on the website in relation to any on-line promotion are valid strictly until midnight on the day on which the promotion expires, as determined by us.
3.4 We will not be bound to honour any prices, where we have indicated to you subsequently that the prices displayed have been displayed in error. In these cases a refund will be offered.
4. Payment
4.1 You must pay by credit, debit card or Paypal at the time of order. The price of any product is the price in force at the date and time of your order. You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct; that the credit charge or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit charge or debit card details before accepting your order.
4.2 Payment will be taken in full at the time of the order.
4.3 The contract shall not have been concluded until we have completed all of the following steps: we have received your valid credit card charge, debit card or Paypal payment, we have accepted your on-line order and sent you confirmation of receipt of your order by return e-mail to the address you have given us during the registration procedure and on ordering and then we dispatched the goods to you.
4.4 We are entitled to refuse any order placed by you.
4.5 We reserve the right to cancel and refund any order, at any time.
5. Delivery
5.1 We are only able to deliver online orders to you if you have a permanent address in Australia.
5.2 We will Endeavour to fulfil your order by the date set out in the e-mail by which we confirmed your order. Where this e-mail did not contain such a date we shall endeavour to fulfil your order within the time-scales advertised on the individual products on your order. All purchases must make allowance of 21 working days from date of dispatch for our couriers to fulfil the final delivery to your home.
5.3 For all orders – any changes made to the content of your order will have an impact on your delivery date. We may therefore be unable to deliver your goods on your confirmed delivery date should changes occur and if so, a new delivery date will be given.
5.4 You are responsible for providing a safe means of access to the place of delivery. If the our delivery staff consider that access is unsafe then we will not deliver the goods until safe access is provided.
5.5 If you are unable, for whatever reason, to take delivery of your goods on the confirmed delivery date arranged, you must inform the inform us at least one working day in advance so that another date can be booked. If, through no fault of their own, our couriers cannot gain access on the date agreed, a re-delivery fee will be charged. The return charge mentioned will be applicable immediately after the items have left our warehouse, ie if the order is cancelled after we have despatched the item but before delivery to the final destination, the return charge levied by our courier will still be applicable.
5.6 If our delivery staff accidentally damage goods in the course of delivery our liability for that damage is limited to the repair, replacement or refund of the goods or the value thereof.
5.7 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Oak in Vogue or any reasonable rescheduling of delivery.
5.8 If items are received damaged please contact us immediately and we will rectify the problems as soon as possible. Please report damages within 24 hours of delivery. Please note we will require proof of the damage from a photograph in order to facilitate allowance, exchange or refund of the item.
5.9 In the event that you may choose to have your goods delivered to your own 3rd party carrier SPA we will not accept any responsibility or liability for any damage to your goods. The forwarding delivery is at the risk and the customer when using your own 3rd party carrier. 5.10 If we are unable to deliver the goods due to there being no safe means of access, we reserve the right to cancel your order and refund the payments subject to our refund policy.
6. Returns, Refunds and Your Right to Cancel
6.1 Our Refund and Returns Policy Details You have the right to cancel your order within 7 working days from delivery. You must notify us by email within 7 working days from delivery with your intention to return the item. After notification we will issue you a returns number to quote on the paperwork when returning the goods. If you wish to return the goods within the 7 days, please take reasonable care of the items and it would help if you retained the original packaging. Please return goods in the same condition as received. We request that if you or the carriers open the box to examine the product please do so without damaging the box and packaging or damaging the product in any way. Please re-package as received in order for us to re-sell the item as brand new. If the carriers unwrap an item please ensure the packaging remains with the customer. Please do not allow carriers or any other party to destroy any packaging as we request the item to be returned with original packaging. Returns and Refunds Enquiries: Please note if any items are damaged or faulty please always call us on 0288507583 or email within 24 hours to report this matter. Customer is responsible for all shipping costs i.e. delivery and return. Please do not return items without prior authorisation. The returns authorisation is valid for up to 7 days only from delivery. Goods sent back without prior returns authorisation will be returned back to you and the cost of delivery charged to your account. Refunds: Full refund of the cost of the goods is wholly conditional upon the above conditions being met and the refund authorised only after a full inspection of the goods by our Returns department to check for completeness and correct product return. For goods received back complete as NEW and unused; you will be refunded the full invoice amount less cost of return.
6.2 After this 7 day period has expired we will be unable to accept returns of any items purchased unless faulty.
6.3 Subject to your statutory rights, products made or altered specifically for you, may not be returned nor will we provide any refund, unless they are defective or have been accidentally damaged by us in the course of delivery.
6.4 If we deliver incorrect or damaged goods, or in the event that you discover any defect in the goods for which you require compensation or other remedy, you must report the defect within 7 days of the date you receive them, or as soon as possible thereafter by emailing us. Please keep the products purchased in a saleable condition and retain the original packaging in the condition it was provided. Should it be deemed impractical to offer a replacement, redelivery or re-selection of any damaged or faulty items we reserve the right to offer an allowance against a repair, or alternatively a refund for your purchase. Any non faulty items returned will always be returned at the expense of the customer.
6.5 We will not be liable for any damage or loss resulting from repairs attempted by you or third parties.
7. Guarantees and Claims under Guarantee
7.1 We guarantee all products against faulty workmanship and/or faulty materials for a minimum period of 12 months from the actual date of delivery, in all cases we reserve the right to inspect the product and verify the fault.
7.2 These guarantees do not cover fair wear and tear and natural characteristics of wooden products including movement in wooden products; neglect; abuse or misuse of your goods in failing to follow correct care procedures* including the oiling and waxing of furniture; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; accidental damage or loss or damage caused by a third party.
7.3 We will arrange to repair or replace a defective or incorrect item free of charge. Should a replacement no longer be available or circumstances determined by the seller make a replacement impractical, it may be replaced with a part that most closely matches it. Alternatively at the discretion of the seller an allowance may be made for customers to arrange a local repair. OakinVogue reserves the right to send out an independent 3rd party technician to inspect and report on all pieces of furniture where customer claim there is a merchandise issue. The technicians are experts in their field and are there to determine the nature of any issues. We reserve the right for the technician to repair the item being inspected. In all cases this is to help resolve a merchandise issues to leave a customer with goods that are fit for purpose.
7.4 We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered products over and above the value of the goods themselves. This does not affect your statutory rights.