Terms & Conditions
Customer and website user terms and conditions
Curated Spaces Co Pty Ltd ACN 638 934 595
Preliminary
- curatedspaces.com.auis a website (Site) operated by Curated Spaces Co Pty Ltd ACN 638 934 595 (we, us and our). The Site is an online interiors marketplace for vintage (second-hand) furniture and a curated selection of new items made by designers (Items).
- To contact us, please email hello@curatedspaces.com.au
- By accessing or using our Site, you acknowledge that you have read and understood these terms and you agree to be bound by them
We may make changes to our Site and these terms
- We may update and change our Site and these terms from time to time without notice to you. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. The variations will apply from the date the varied terms and conditions are posted on our Site.
We may suspend or withdraw our Site
- We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site at our sole discretion.
- You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Eligibility to use our Site
- To use our Site, you must be at least 18 years of age.
- Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to you in accessing the Site from your location.
Listings and Items
- Images of products shown on the Site without any advertised price beside that image are not offered for sale.
- The Site is a marketplace for Items that are second-hand and/or have minor defects and/or are not new. In using the Site, you acknowledge that the Items are not in new condition, unless specified otherwise, and may have minor defects and be in an inferior condition compared to the same product in new condition.
- Special care is taken to display Items with a high level of detail, noting any known defects. Please take time to read the description of each Item that you are interested in and ensure you are happy with the Item before committing to a purchase. You must consider all of the information on an Item listing, including both photographs and the listing description.
Orders
- An order of an Item through the Site is an offer by you to purchase the Item at the advertised price on the Site subject to these terms.
- Despite completing an order to purchase an Item through the Site, this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 14.
- Acceptance of your order will occur as follows:
- if an Item is being shipped to you, acceptance will occur when we send you confirmation that the Item has been shipped; or
- if you are collecting an Item from one of our selling partners directly or if a courier is collecting an Item from one of our selling partners for delivery to you, acceptance will occur when the selling partner confirms the Item is available to collect from the collection premises.
- We retain the absolute discretion to accept or reject any offer to purchase an Item through the Site.
- If we, or our selling partners, are unable to supply you with the Item for any reason, we will inform you of this and we will not process your order. If you have already paid for an Item, we will refund you the full amount.
Our Items
- If you purchase an Item through the Site that is being sold directly by us, the sale agreement will be between you and us.
Selling partner Items
- If you purchase an Item through the Site that is being sold by one of our selling partners, the sale agreement will be between you and the relevant seller. We do not manufacture, store or inspect any of the Items listed by our selling partners on our Site. We provide the platform for the sale, being the Site, and receive payments from you on the seller’s behalf however Items listed by our selling partners are produced and sold directly by independent sellers not by us. As a result, we do make any warranties about the quality, safety, suitability or legality of any Items sold on the Site by our selling partners.
- In relation to Items sold on the Site by our selling partners, the seller is liable for any loss suffered as a result of, or in connection with, the Item being faulty and/or materially different to its listing description and photos. Subject to clause 36, we are in no way responsible or liable for Items sold by our selling partners. Claims related to Items you purchase from our selling partners must be brought directly against the seller of the Item.
Shipping and delivery
- Our shipping policy is available on the shipping page of the Site.
- Unless specified otherwise, shipping is not included in the sale price of an Item.
- Please ensure you check the location of the Item before purchasing, as you may need to pay for the Item to be couriered to you. Item locations are listed in the description for each Item.
- Unless otherwise agreed in writing between you, us and the seller prior to purchase, we do not, and we do not permit our sellers to, ship vintage Items to locations outside of Australia.
- If you would like to collect an Item from the seller personally, the following process applies:
- Before picking up the Item, you must first pay for the Item in full through the Site. Once payment has been made, you will be connected with the seller.
- You must make mutually convenient arrangements with the seller to collect the Item no later than two weeks after the date of purchase of the Item through the Site. Unless otherwise agreed in writing between you and the seller, if you fail to collect the Item from the Seller within two weeks of the date of purchase of the Item through the Site, you will be deemed to have cancelled your order and the seller will be free to deal with the Item in any way they see fit. If you are deemed to have cancelled your order under this clause, we will refund you the purchase price of the relevant Item less a restocking fee calculated as 20% of the purchase price (Restocking Fee).
- You must carefully inspect the Item prior to taking it from the collection premises. Subject to our refunds and returns terms, no discounts, refunds, exchanges or returns for change of mind will be allowed once you take the Item from the collection premises.
- If, on inspection at the collection premises, the Item is materially different to the description on the Site, you:
- must not take the Item from the collection premises;
- should photograph the Item (taking care to identify any key differences/features) and send the photographs to hello@curatedspaces.com.auand
- will be entitled to a refund (see our refunds and returns section).
- If, on inspection at the collection premises, the Item is not materially inconsistent with the description on the Site, it is not possible to obtain a full refund simply because it is not fit for the purpose you intended, unless that intention was communicated to us prior to the purchase and we (or the seller) told you that the Item would be fit for that purpose.
- If a courier is collecting an Item from the seller and delivering it to you, the following process applies:
- You are solely responsible for making arrangements with the courier to collect the Item from the seller and deliver it to you, and paying the courier directly.
- You must first pay for the Item in full through the Site. Once payment has been made, you will be connected with the seller.
- You must carefully inspect the Item upon delivery by the courier. If, on inspection, the Item is materially different to the description on the Site, you:
- should photograph the Item (taking care to identify any key differences/features) and send the photographs to hello@curatedspaces.com.auwithin 24 hours of receiving the Item; and
- will be entitled to a refund (see our refunds and returns section).
- If, on inspection, the Item is not materially inconsistent with the description on the Site, it is not possible to obtain a full refund simply because it is not fit for the purpose you intended, unless that intention was communicated to us prior to the purchase and we (or the seller) told you that the Item would be fit for that purpose.
You must keep your account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in connection with the Site, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@curatedspaces.com.au.
Do not rely on information on this Site
- This Site is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
- Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
- We reserve the right to correct any errors on the Site.
We are not responsible for websites we link to
- Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions for those websites.
We are not responsible for user interactions
- Where you use our Site to interact with other individuals, either online or in person, you should be careful and exercise caution and good judgment in all interactions. We do not screen users of the Site, and you release us from all liability relating to your interactions with other users or individuals.
Our liability
- In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal basis, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any Items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- You agree to release us from any claims related to, or in connection with, Items purchased through our Site, including but not limited to claims for faulty Items, misrepresentations by sellers, or Items that caused or resulted in physical injury.
- Nothing in these terms affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
- You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to, your use of any information obtained from the Site and any use of the Site's content, services and products or in relation to Items obtained through our Site, other than as expressly authorised in these terms.
- To the extent permitted by law, our maximum aggregate liability to you in any 12-month period for any loss or damage or injury arising out of or in connection with these terms or your use of the Site, however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount you have paid for Items in the past 12 months.
We are not responsible for viruses
- We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
- You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
Linking to our Site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on our Site other than that set out above, please contact hello@curatedspaces.com.au
Intellectual property
- You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Items or displayed or referred to on our Site are owned by the us or in some cases third parties. You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on our Site except with our prior written consent.
Prohibited uses
- You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
- Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
- use any automatic or manual process to reverse engineer or decompile any part of the Site;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
- We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Default
- If you breach these terms, we may:
- suspend or terminate your access to the Site or parts of it; and
- take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.
Force majeure
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms, or in relation to the Site, that is caused by any act or event beyond our reasonable control.
General
- These terms and conditions are governed by the laws in force in Queensland, Australia. By accessing or using the Site you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.
- These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded.
- Any failure by us to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these terms.
- If any of these terms (or part of them) is held to be invalid or unenforceable, these terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.
- We may assign or subcontract these terms and any of our rights and obligations under these terms to a third party. You may not assign your rights or obligations under these terms except with our prior written consent.
- Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.