Terms & Conditions

Please read the Terms and Conditions carefully before placing an order.  The Terms and Conditions determine the business relationship between Eclectic Boogaloo and you, our Customer.  By using Our website or by purchasing from us, you agree to be bound by them. 

Definitions

We are:  Eclectic Boogaloo, a company registered in Australia under ABN 17583974910.

Our address is:  Unit 4/43 Cochranes Road, Moorabbin, Victoria, 3189.  Australia.

You are:  a visitor to Our website, our Customer.

Terms & Conditions

No person under the age of 18 may purchase Goods.  We look forward to seeing you again when you are over 18 years of age.

This agreement contains the entire agreement between Eclectic Boogaloo and you, our Customer and as such supersedes all previous agreements and understandings between each parties.

If you use our website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

Eclectic Boogaloo reserves the right to update the Terms and Conditions set out herein, without notice.  The terms that apply to you are those posted on Our website on the day you order Goods.

The price of Goods may be changed by us at any time.  We will never change a price so as to affect the price charged to you at the time you buy those Goods.

In the future, if you buy Goods from us under any arrangements which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

We do not sell the Goods in all Countries.  We may refuse to deliver the Goods if you live in a country we do not serve.

Order

When you place an Order for Goods with us, we will email you confirmation of that Order.  That is when our contract is made.  

All orders are subject to acceptance and availability.  We strive to keep the product listings up to date but occasionally an item listed may become unavailable.   If an Item you have ordered is unavailable, we will contact you by email, within 48 hours (during business hours), to offer you:

a)    A full refund; or

b)    Suitable alternatives; or

c)    Place the item on backorder.  Backorder means you will receive your item when it becomes available again.

In the case where the item is a one-of-a-kind, a full refund will be offered.

We acknowledge that our Customers may want to inspect our furniture before placing an order.  Please email hello@eclecticboogaloo.com.au or call ahead of time, to arrange an appointment to inspect the furniture at our Moorabbin warehouse.

Price

Price of the Goods are listed in Australian Dollars (AUD) and may include a Goods and Services Tax (GST) of 10%.  Online prices may be subject to change without notice.  If a change of price has occurred since the Order was made, we will not despatch the goods until you have confirmed that you wish to continue with your order at the new price.

The Price of the Goods does not include Delivery costs.  Delivery Costs will be outlined to you upon checkout before payment is requested.

Bank charges by the receiving bank on payments to us will be borne by us.  All other charges relating to payment in a currency other than the Australian Dollar will be borne by you.

For Orders made outside of Australia, please contact your local customs or other relevant authorities directly.  Any charges, taxes or duties incurred on the Order, after arrival in your country, will be borne by you and is your responsibility.  The value of all items in the Order will be declared, in keeping with Australian Export Regulations.

If we owe you money (for refunds, or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

Care, Maintenance & Warranties

Many of the items listed on our Website are one-of-a-kind, hand made products.  Due to the nature of being hand made, we can not guarantee that the items will be uniform and match each other every time.  Irregularities in the hand stitched images and flecks on the materials used are a consequence of hand made products.

Eclectic Boogaloo lists many items that are Vintage.  As such, minor imperfections may occur in keeping with the nature and age of the second hand product.

Goods may be sold to you with Care Instructions.  Please read and follow these instructions as Eclectic Boogaloo will not repair for free, replace or offer refunds for any Goods that are damaged through misuse and failing to follow the Care Instructions.

We strive to display the products as accurately as possible on Our website.  However, due to the monitor of your computer device, there is no guarantee that the colour on display on Our Website will match exactly to the colour of the product on delivery.

Disclaimers

The law differs from one country to another.  This paragraph applies so far as the applicable law allows.

All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.

We, our Content Suppliers, may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time without advanced warning.

You are advised that Content may include technical inaccuracies or typographical errors.  If you find any such errors, we would be grateful if you bring this to our immediate attention.

We give no warranty and make no representation, express or implied as to:

-       The quality of the Goods;

-       Any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

-       The correspondence of the Goods with any description;

-       The adequacy or appropriateness of the Goods for your purpose;

-       The truth of any Content on Our Website;

-       Non-infringement of any right.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum permitted by law, to the value of the Goods you have purchased.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

-       Your failure to comply with the law of any country;

-       Your breach of this agreement;

-       Any act, neglect or default by any agent, employee, licensee or customer of yours;

-       A contractual claim arising from your use of the Goods;

-       A breach of the intellectual property rights of any person.

Intellectual Property

 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or part.

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.  You may not store electronically any significant portion of any Content.