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Terms & Conditions

Thank you for visiting the Cavalier Bremworth website. Our website and procedures have been created to ensure that you receive the best customer experience. By purchasing any of our products, you acknowledge that you have read and understood these terms and conditions (“Terms”) and agree to be bound by and comply with them. We reserve the right to amend these Terms at any time. Any amendments shall be effective immediately upon notification on the website. Your continued use of the website following such notice or purchase of products thereafter will represent your consent to be bound by the Terms, as amended.


Please note that, for the purposes of these Terms, "order" means an order for products placed by you through our website, "products" means all goods and/or services supplied by us through our website now and at any time in the future, "we", "us" or "our" means Cavalier Bremworth Pty Ltd (ACN 101 377 780) and "you" or "your" means the person who is interested in acquiring or has acquired any products.


Visual appearance:

Applies to Carpet and Rugs


The images in the 'product search' tool aim to portray an actual likeness of the carpet/rugs in terms of colour, texture and pattern repeat - however, due to the individual settings of the user’s browser, we cannot guarantee the accuracy - particularly of the colour.


We endeavour to ensure that the information posted on our website is an accurate representation of our products and their specifications, as well as our advice and opinions relating to carpet in general. However, there may be, on occasions, situations beyond our immediate control when the information displayed is incomplete or contains errors. Should you find errors, or suspect that errors may exist, on any part of this site, please report them to us.


Cavalier Bremworth Rugs have individually overlocked rounded corners, because each rug is bespoke there may be minor shape and stitching variation from rug to rug, and from the image shown.


Subject to any rights you may have under the Australian Consumer Law, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in our website or our failure to provide our website.


Product availability:

Applies to Carpet and Rugs


Our ongoing programme to be leaders in colour and style means that we frequently introduce new colours and products; we also review our existing colours/products on an ongoing basis and withdraw those that are not in keeping with our ranges. We reserve the right to withdraw colours/products at any time. While we will remove images and details of colours/products that are withdrawn from the market, from this website promptly, there can be no guarantee that we hold sufficient stock to fill an order.


Orders:

Applies to Carpet Samples and Rugs


An order made via our website is an offer to purchase one or more of our products. When we receive an order from you, we will accept this offer by sending you a confirmation email. If we accept your order and the selected product is not available, we will notify you and refund you the purchase price you paid for the product and any postage cost charged.


Payment:

Applies to Carpet Samples and Rugs


All prices are stated in Australian dollars (AUD$) and include GST.


All credit and debit card payments for all products can be made through a secure DPS site. DPS is our payment service provider https://www.paymentexpress.com/payment_express_home . Your credit or debit card will be charged once your order has been confirmed and prior to delivery. We are not responsible for any charges made by your own bank for such transaction fees or charges.


Delivery:

Applies to Carpet Samples and Rugs


We will deliver the products to the address nominated by you when you submit your order. This address will be confirmed in our order confirmation email. We do not deliver products outside New Zealand and Australia, however, you may place an order from overseas as long as you specify that we should deliver the order to a New Zealand or Australian address.


We will send you an email explaining how to track your item and letting you know when it will be delivered. Delivery is free within New Zealand and Australia.


We endeavour to despatch all products within five working days of us confirming receipt of your order (this timeframe is an estimate only and should not to be considered a condition of sale).


Delivery is made by courier and is completed when the item order is signed for. The courier will attempt to make delivery and obtain a signature up to two times before the order is returned to our warehouse.


Risk of any loss, damage or deterioration of or to the products passes to you on delivery. Title to the products also passes to you at the time of delivery. Subject to any rights you may have under the Australian Consumer Law, we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.


Returns:

Applies to Rugs only


If for any reason you are not satisfied with your order, please call us directly. You will find our contact details on our website and in the email that we sent to you confirming your order. To the extent permitted by law, unless the product you have received is faulty or defective or does not otherwise comply with the statutory guarantees contained in the Australian Consumer Law, and you notify us of this fault or defect within a reasonable time after receiving the product, there are no returns, exchanges or refunds. You will bear any postage cost required to send us the faulty or defective product.


If it is determined by us (acting reasonably) that the product is faulty or defective but the problem is only minor, we will elect to either repair the product or offer to replace the product or provide you with a refund and you acknowledge that this is your sole remedy in relation to any faulty or defective product (where that fault or defect is minor). If there is a major failure with the product, you may choose a refund, replacement or repair and you may be entitled to ask for compensation for any drop in value of the product.


If we are unable to repair or replace the product, we will give you a refund of the purchase price you paid for your product.


When a product is damaged through misuse or abnormal use, we will not provide a refund, exchange or repair.


Exclusion and limitation of liability:

Applies to Rugs only


To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. This does not attempt or purport to exclude liability under statute if, and to the extent, such liability cannot be lawfully excluded (such as under the Australian Consumer Law).


To the extent permitted by law, we will not be liable for any damage, loss, cost, or expense arising out of or relating to the supply of products to you.


In any event, to the extent permitted by law, any claim for damage, loss, cost or expense that arises out of or relating to the supply of products to you, including any economic or consequential loss incurred, is limited to the value of the products supplied by us.


To the extent permitted by law, you indemnify and hold us free from any claims, liabilities, losses, damages and expenses of any kind incurred in connection with your use of any products ordered.


Warranties and Disclaimers:

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website is secure.


We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.


Liability:

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of the website and/or the fact that certain information or materials contained on it are incorrect, incomplete or no up-to-date.


Copyright:

Applies to Carpet only


The images and information contained on this site are copyright to Cavalier Bremworth. Copying and sharing of this information is permitted to assist you make decisions on your carpet purchase. It is not permitted where images and information are being used for commercial gain. Images and information can be made available for use by media by contacting the Marketing Department at Cavalier Bremworth in Auckland, New Zealand - +64 9 277 6000. Full contact details available in the contact us section.


STAINMASTER and the STAINMASTER family of marks and logos are trademarks of INVISTA.


Collection Notice:

We collect personal information about you in order to process your order and for purposes otherwise set out in our Privacy Policy at www.cavbrem.com.au.


We may disclose that information to third parties that help us deliver our services (including information technology suppliers, payment processors, couriers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to Cavalier Bremworth Ltd located in New Zealand.


Our Privacy Policy explains: (1) how we store and use your personal information and how you may access and correct your personal information; (2) how you can lodge a complaint regarding the handling of your personal information; and (3) how we will handle the complaint. If you would like further information about our privacy practices and procedures, please contact us at 1800 251 172 or webausales@cavaliercarpets.com.au


Promotions and Competitions:

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.


Jurisdiction and Governing Law:

Your use of this website and these Terms are governed by the law of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales.


Contact Details:

Cavalier Bremworth Pty Ltd

Head Office

Unit 2, 165-169 Lower Gibbes Street,

Chatswood,

NSW 2067,


P O Box 845,

Willoughby,

NSW 2068


Last Updated: 9 July 2018

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Country: New Zealand| Australia