Terms & Conditions

Terms and Conditions of Trading of Season Living Pty Limited

Last updated on 22 February, 2022

Your use of our Website, or purchase of Goods from us, constitutes your agreement to these Terms & Conditions. That said, we are a human company and, in the event of any dispute, our first desire is so resolve all matters commercially rather than by relying on all this “legalese”.

1. Terms of sale

  • All Goods that we sell, whether online or in our stores, are sold on these Terms & Conditions.
  • We may update or modify these Terms & Conditions at any time, without prior notice, by posting the updated or modified version of these Terms & Conditions on our Website.
  • The version of these Terms & Conditions that will apply to your order is the version which is available on our Website at the time we accept you order.
  • We encourage you to review these Terms & Conditions each time you purchase Goods from us or visit our Website.

2. Online orders

  • This clause 2 only applies when you order Goods on our Website.
  • You must be at least 18 years of age to order and purchase Goods from our Website.
  • Representations made by us via our Website do not constitute an offer to sell but an invitation to treat.
  • The reproduction of colours on our Website is as accurate as possible. However, you acknowledge and accept that the actual colour of a Good may vary from what is displayed on your monitor.
  • When you place an order, we will send you a confirmation email with the details of your order. That email is not an acceptance of your order. Orders are only accepted when we expressly notify you of our acceptance.
  • We reserve the right to accept or decline, in whole or in part, any order placed by you.
  • We will notify you as soon as possible about the availability of the Goods you have ordered. If we advise you that the Goods you have ordered are no longer available, your order may be declined.
  • If some or all of the Goods you have ordered are temporarily out of stock, we will place those Goods on back order and supply them when stock becomes available; unless you notify us that you wish to cancel the order (which you may do any time before the Goods are shipped).
  • Not withstanding any other clause in these Terms & Conditions, for Goods you order on our Website, you must enter your payment details at the time you place your order.

3. Shortage

  • Subject to clause 6 below, you irrevocably waive any claim against us in respect of shortage of any Goods delivered to you, if no claim in respect of short delivery has been lodged with us, in writing, within seven days of the date of receipt of your order.

4. Specifications

  • All specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Goods to meet such specifications, unless otherwise specifically guaranteed by us in writing. You acknowledge and agree that any such guarantees given by us are subject to reasonable tolerances and margins of error.

5. Variation

In some cases, the products we offer for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. 

  • As no two trees are alike, variation in grain, colour and finish will occur.
  • The organic grain, colour and tone of marble mean that no two pieces of marble are alike.

6. Delivery

  • You acknowledge and agree that Goods may not be available for immediate delivery.
  • Delivery times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery of the Goods.
  • When delivering outside the Sydney Metropolitan area Season Living Pty Ltd will use reasonable endeavours to deliver on the specified delivery date, however this cannot be guaranteed and Season Living Pty Ltd accepts no liability in relation to any damage or loss incurred due to non-delivery.
  • All deliveries are unloaded only to the main entrance of the building/house.
  • It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, or a representative on your behalf). Liability for the Goods becomes yours when the Dispatch Note is signed either by you or your agent.
  • If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Goods.
  • We reserve the right to recover any fair and reasonable costs associated with a failed delivery attempt.
  • If we are required, or our employees or agents are required, to wait at the delivery point in excess of 15 minutes, we may require you to pay us a stand-by fee as per our then applicable stand-by rates.
  • Delivery is deemed to have commenced once the Goods have either left our warehouse or a booking has been confirmed with a 3rd party transport provider.
  • Should an order be cancelled after delivery has commenced we reserve the right to recover any fair and reasonable costs associated with that cancellation.
  • We must be in receipt of cleared funds prior to arranging your delivery.

7. Title and risk

  • Title to the Goods passes to you once you have paid us in full for the Goods. Until that time, you hold the Goods on our behalf.
  • Risk of loss or damage to the Goods passes to you on delivery.

8. Guarantee

  • The Goods come with guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law.
  • 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) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Goods.
  • All of our products: are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
  • Guarantees may not be assigned to a third party.
  • The guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Goods, loss or damage (including rusting and corrosion) due to exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
  • Any repair or replacement under this warranty is limited to the defective part only. Season Living Pty Ltd reserves the right to determine whether a part has failed due to a defect or wear and tear and whether a component should be repaired or replaced. Freight, house calls, labour and other items are charged to the purchaser at standard rates and are not included in this warranty. Covering components replaced under this warranty may vary in colour and texture to the original.
  • All Goods must have been maintained in accordance with our Care & Maintenance manual to be eligible for any form of Guarantee.

9. Liability

  1. We are not liable for physical injury, financial injury, loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Goods.
  2. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of:
    • re-supplying or paying the cost of re-supplying services; and
    • repairing, replacing or paying the cost of repairing or replacing goods.

10. Prices

  • Prices shown are in Australian dollars and include GST where applicable.
  • Prices do not include delivery and handling charges.
  • Season Living reserves the right to change prices for products displayed on the Season Living website and instore at any time, and to correct pricing errors that may inadvertently occur.
  • Unless otherwise stated, any accessories shown in any image of the Goods are not included in the price of those Goods.

11. Payment

  • All payments must be made in Australian currency.
  • For supply only contracts, you must pay us the entire purchase price no later than three days before the delivery date.

12. Rights in relation to Goods

For clarity, we reserve the following rights in relation to the Goods until all amounts owed by you to us are fully paid:

    • ownership of the Goods;
    • to enter your premises, without liability for trespass or any resulting damage, and retake possession of the Goods; and
    • to keep or resell any goods repossessed pursuant to paragraph (2) above.

13. Our Property

  • Any of our property which is under your possession, custody or control is completely at your risk with regard to loss or damage caused to our property or by our property.

14. Storage

  1. We reserve the right to charge you a reasonable fee for storage
  2. if:
    • If you are not ready to receive your order, Season Living will honour holds for any shipment for 2 months, with no charge.
    • We can provide 2 months free storage for all shipments. The 2 months free storage begins from when you receive the order confirmation email.
    • After the 2 months’ free storage period, storage charges will be at 5% of the item value per month and subjected to GST.

15. Returned Goods

  • If you have purchased Goods from our Standard Range then, subject to clause 16.b, 16.c and clause 16.d, you may elect to return your goods within 14 days of delivery or pick up.
  • If you wish to make a return, we will refund the value of the Goods less any delivery, return, cancellation or restocking charges (where applicable).
  • If you wish to return your Goods please sending us email to: info@seasonliving.com.au.
  • Goods must be returned to us unused, in their original packaging and in a saleable condition.
  • Goods that are not returned in their original packaging will be subject to a repackaging fee of 20% of the full product price which will be deducted from the refunded amount.
  • Any marble products may not be returned.
  • To avoid return delivery fees, you may return your goods you wish to return to us at our warehouses with prior notice made in writing via the email.
  • Where we are under no obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case. 

16. Cancellation

  1. At your discretion you may elect to cancel your order for any Standard Range item as long as before your items are dispatched;
  2. The following Items may not be cancelled by you, either before or after delivery.
    • Any item marked as ‘Clearance’ or specified as on ‘Final Sale’
    • Any form of Display items
    • Any item described as ‘Made to Order’ or ‘Customised’ items
  3. You can cancel your order by sending us email to: info@seasonliving.com.au.

17. Place of contract

  • These Terms & Conditions are to be construed and enforced in accordance with the laws of the State of New South Wales. Any dispute arising from, or in connection with, these Terms & Conditions is exclusively subject to the jurisdiction of the courts of the State of New South Wales, including the Federal Court of Australia, New South Wales Registry.

18. Severability

  • If any provision of these Terms & Conditions is determined by a court of law to be void, invalid or unenforceable then such provision shall be severed from these Terms & Conditions, and the remaining provisions shall remain in full force and effect.

19. Entire agreement

  • This agreement contains the entire agreement of the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter.
  • To the maximum extent allowed by law, the parties exclude all terms, conditions, and warranties other than those contained in this agreement.

20. Interpretation

In these Terms & Conditions:

    • a reference to a statute, code or other law includes regulations and other instruments under it as well as consolidations, amendments, re-enactments or replacements of any of them.
    • Good(s) means the products (including furniture and any other items) and services (if any) that you buy from us, regardless of whether the purchase is made in-store or online;
    • Product(s) has the same meaning as Good(s).
    • Standard Range means any Goods that are featured on our website.
    • Clearance Item means a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
    • Headings are provided for ease of reference only and not affect the interpretation of meaning of these Terms & Conditions;
    • The words “includes”, “including” and other similar terms are not words of limitation;
    • We, us or our means Season Living Pty Ltd (ABN 96 626 512 963) of 2/7 Roberts Road, Greenacre NSW 2019, which is the seller of the Goods; and
    • You or Your is a reference to the buyer of the Goods.