Thank you for visiting and shopping at www.harbourlane.com.au

Harbour Lane Furniture and Bedding Pty Ltd (ABN 72 642 718 527)

(“we”,“us”, the “Business”) takes pride in providing products of the highest quality and are very much committed to customer satisfaction. These Terms and Conditions (“Terms”) describes generally how we manage our business. Should you have any questions and wish to obtain more information, please send us an email to info@harbourlane.ccom.au

By accessing this Website, you agree to be bound by these Terms. These Terms constitute a binding agreement between you and the Business and govern your use of this website including the use of the website and placing orders through the website. The Business allows its customers to place orders online via its Website, Social Media Channels, remotely via over the phone orders and on site, by visiting its Showrooms. These Terms apply to all the Customers purchasing goods from the Business irrespective of the mode of purchase.

1.1. In these Terms and Conditions:

• “Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
• “Customer” means the person or legal entity identified in the website invoice or sales document.
• “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media)..
• “Goods” means any items listed on the Website (for sale or otherwise).
• "Social Media Channels" means Facebook, Instagram, TikTok, LinkedIn, & Pinterest.

1.2. Interpretations

a) Any reference in this Agreement to the singular includes the plural,

b) to any gender includes all genders,

c) to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute,

d) to persons includes all bodies and associations both corporate and incorporated and vice versa.

e) Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

2.1. The Website may contain links to third-party sites. The Business shall not responsible for the content or privacy practices of these linked sites.

2.2. You must ensure your use of the Website is not illegal or prohibited by laws which apply to you.

2.3. You must take your own precautions against viruses or malicious code; We take no responsibility for damage to your computer system arising from the use of our Website.

3.1. All prices are in Australian Dollars (AUD).

3.2. Prices include all applicable taxes unless otherwise specified.

3.3. Prices are subject to change without notice. Once an Order is confirmed, the price is fixed.

3.4. You agree to pay delivery charges as calculated at the time of purchase and as set out in the Delivery Policy.

3.5. The Business reserves the right to refuse to proceed with a sale.

3.6. Specific branded products (e.g., Total Furnishing Care) may be excluded from sales and discounting events. We will inform you such exclusions at the time of the sale.

3.7. Promotional codes must be applied at checkout, and they cannot be applied retrospectively.

4.1. Features and specifications are subject to change without notice.

4.2. All weights and dimensions are approximate and based on fully assembled products.

4.3. Videos may relate to a collection rather than a specific product.

5.1.  You may place an Order by filling in the Order Form on our Website and by clicking the "confirm" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected and agree to be bound by these Terms.

5.2. Orders will be deemed to have been received by the Business at the time an Order confirmation is sent to your nominated e-mail address.

5.3. We generally communicate with our customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

5.4. Each Order (once confirmed) represents a separate agreement.

5.5. We do not apply retrospective discounts on orders once completed.

5.6. We reserve the right to not accept or to cancel Orders that request commercial quantities of Goods.

5.7. We will charge a 20% cancellation fee for all orders that are cancelled by the customer, with no exceptions. This fee will cover associated administration costs and any loss incurred from holding stocks against a customer’s account.

5.8. It is the customer’s responsibility to respond to all correspondence from us in relation to a cancellation request, in a timely manner. Please follow the steps outlined in the Exchange, Cancellation, Return Policy found at here to process a cancellation.

5.9. We reserve the right to, at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alteration does not entitle the Customer to return Products, cancel any Order/s or otherwise void their obligations and liabilities pursuant to these Terms and Conditions.

5.10. We accept no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

5.11. We will not hold stock Goods to Order in the warehouse for greater than 12 weeks, this includes orders that are paid in full. If a 20% deposit is paid, we require the entire payment in full within 12 weeks or 1 week prior to delivery, whichever occurs first.

5.12. We will be charging a $150 per week storage fee on orders with stock on hold for the Customer beyond 12 weeks, at our sole discretion.

5.13. For stock on “pre order/container allocation” a minimum 20% deposit must be paid to secure stock. Full payment will be required by the time the goods arrive in Australia or within 16 weeks, whichever occurs first. No exceptions to this rule apply.

5.14. All pre-order delivery dates are indicative only and are based on the anticipated arrival of stock in Melbourne, VIC. Please note that additional time is required for stock to be transferred to our Truganina, VIC warehouse prior to dispatch. Customers should allow for this additional processing and transit time when considering delivery estimates. Delays during this stage may affect final delivery timeframes, and customers will not be notified of such delays. Notification will only be provided once the goods have arrived at the Warehouse and are ready for dispatch. Customers seeking updates on stock arrival dates should contact Harbour Lane directly.

6.1. All terms relating to the payment process of your orders are subject to the Payment Policy found at Payments and Layby Policy, which are incorporated into these Terms by reference.

7.1. All terms relating to the delivery, exchange, returns and refunds relating to the Goods and orders are set out in the Delivery, Exchange, Returns & Refunds Policy found at Exchange, Returns, Refunds & Cancellation Policy and is incorporated into these Terms by reference.  

8.1. All terms and conditions relating to the shipping process of your orders are subject to the terms and conditions set out in the Shipping Policy found at Shipping and Delivery Policy and are incorporated into these Terms by reference.

9.1. Unless otherwise stated, the Goods sold on the Website are covered by a 12-month Standard Warranty from the date of dispatch.

9.2. There shall be no warranties on Goods sold to commercial entities/businesses.

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BUSINESS AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.2. This website is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Business and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent,
warrant or guarantee that:

10.3. The use of this website will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data;

10.4. This website will meet your requirements or expectations;

10.5. Anything on this website, or on any third-party website referred or linked to in this website, is reliable, accurate, complete or up to date;

10.6. The quality of any products, information or other material purchased or obtained through this website will meet any requirements or expectations;

10.7. Errors or defects will be corrected; or

10.8. This website or the servers that make it available are free of viruses or other harmful components.

11.1. In these Terms the term "Proprietary Content" means:

11.2. this Website;

11.3. All its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

11.4. All software, systems and other information owned or used by the Business in connection with the Goods offered through this site (whether hosted on the same server as this site or otherwise).

11.5. All Proprietary Content is the property of the Business or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of the business or other copyright owners (as applicable).

11.6. You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

12.1. You waive, release, discharge and relinquish and hold the business and its employees, agents, consultants, licensors, partners and affiliates harmless against any and all claims that you have now or may have against the business which relate to, arise out of, relate to or are incidental to the use of the Website.

12.2. To the maximum extent permitted by law, the Business and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms, all Policies or the use of this Website by you or any other person.

12.3. Certain laws such as the Australian Consumer Law contain guarantees that protect the purchasers of goods and services in certain circumstances (“non excludable consumer guarantees”). Nothing in these Terms alters any protection available to you under the Australian Consumer Law. 

12.4. To the maximum extent permitted by law the Business and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability to the following remedies (the choice of which is to be at our sole discretion):

12.5. the replacement of the goods or the supply of equivalent goods;

12.6. the repair of the goods;

12.7. the payment of the cost of replacing the goods or of acquiring equivalent goods.

12.8. the payment of the cost of having the goods repaired.

13.1. All information gathered by us through your use of the website or placing an Order with us is dealt according to our Privacy Policy and is incorporated into these Terms by reference. 

14.1. When you enter your information into a form on our website, we take all reasonable care to protect the information we hold. This includes taking reasonable steps to ensure your Personal Information is protected from loss, misuse, unauthorised modification or disclosure. Our website provides a Secure Socket Layer (SSL) certificate for encrypting online transactions.

14.2. We utilise security restrictions on access to our systems such as passwords, firewalls and anti-virus software.

15.1. To the maximum extent permitted by law, and without limiting any other provision of these Terms, the Business excludes liability for any delay in performing any of its obligations under these Terms and all other Policies where such delay is caused by circumstances beyond the reasonable control of the Business, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

16.1. We are committed to maintaining a safe and respectful workplace environment for all employees, customers, and visitors. We recognize the importance of preventing workplace violence and aggression and have established a Workplace Violence and Aggression policy to outline the procedures and guidelines for addressing such incidents. This policy emphasizes the rights of our staff to protect themselves from abusive or aggressive behaviour from customers or clients.

16.2. The actions our staff are empowered to take include but are not limited to:

16.3. Termination of phone calls and on-line conversations. If a customer or client becomes aggressive or abusive during a phone conversation, staff members have the right to terminate the call to protect their well-being. The same actions will be taken for any on line communications e.g. live chat or text. Staff will inform the customer or client that their manner in the conversation is aggressive or abusive and that the communication will be terminated for the well-being of the staff member.

16.4. Ejection from the premises. If a customer or client exhibits abusive, threatening, or violent behaviour towards employees or other individuals present on any Harbour Lane premises, staff members have the right to request the immediate removal of the customer from the premises. If necessary, local authorities may be involved to ensure the safety and security of employees and other individuals on the premises.

16.5. Cancellation of delivery. If a customer or client exhibits abusive, threatening, or violent behaviour towards employees or other individuals during the delivery process, staff members have the right to cancel delivery on that day in order to protect themselves and others. If necessary, local authorities may be involved to ensure the safety and security of employees and other individuals on the premises.

16.6. Customers or clients who engage in violent or aggressive behaviour may face consequences, including but not limited to, restricted access to Harbour Lane premises, products or termination of the business relationship.

17.1. You may click-through to third party websites from this website, in which case we recommend that you refer to the terms of the websites you visit. These Terms applies to this site only and we assume no responsibility for the content of any third party websites.

18.1. We reserve our right to make changes to Website without notice.

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

18.3. A failure or delay by the business to exercise a power or right under these Terms do not operate as a waiver of that power or right, and the exercise of a power or right by the business does not preclude its future ability to exercise that or any other power or right.

19.1. For any questions about these Terms and Conditions, please contact us at: info@harbourlane.ccom.au