Terms & Conditions

Terms & Conditions of online Sale

As a valued customer of Alboo we would like for you to be familiar with our trading terms to ensure your experience is a satisfying one. Please feel free to speak with one of our team if you have further questions.

1. Alboo

(1) Your purchase of goods from www.alboo.com.au is subject to these Terms and Conditions. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
(2) Australian Provincial Retail PTY LTD (ABN 97 214 641 345) trading as “Alboo” “us”, “our”, we ,”Alboo”" carries on the business name from the website.
(3) The goods and described in this website are only available from Alboo only.
(4) You and Alboo may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Alboo via the website, to purchase the goods and services at the specified price subject to these terms.
(5) The Alboo logo and words are registered trademarks of Alboo and used under a limited license by Alboo.
(6) In these terms:
(a)”you”, “‘user"," member” and “guest” means anyone who visits and/or uses the website.
(b) Reference to a “third party” in these terms includes a reference to any agent or contractor of Alboo or any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in fulfilment of orders made through the website, and includes any of them.
(c) A reference to the “website” means www.alboo.com.au.
(d) “Order” means an offer made by you in response to an invitation to treat Alboo via the website.

2. User Agreement

(1) By accessing and or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of amendments from us or our third party.

3. Legal Capacity

(1) You must be eighteen (18) years of age or over to purchase products from the website.
(2) Any Order and/or purchase made by you using website is an acknowledgement by you that you;
(a) are over the age of eighteen (18)
(b) accept these terms(c) agree that you have entered into a legal contract with Alboo in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and Alboo for the supply of products.
(3) Alboo reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Alboo may suffer as a result of a transaction entered into by a minor.

4. General information

(1) Product images are for illustrative purposes only and may vary from products depicted or described.
(2) Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor.

5. Website Content

(1) Alboo may at any time, add or remove content from this website without notice.
(2) Any articles, information or content published on this website must be read subject to these Terms and Conditions.
(3) Although Alboo uses its best endeavours to confirm the accuracy of any information, photographs and product renders published on this website. You agree that Alboo cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Alboo by its suppliers.
(4) The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity ,quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should omit any error or omission in any information, material or relying on any of it to ensure that it meets with your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
(5) Neither Alboo nor any third party will be liable for any errors in content, or for any actions you take in relying on them. Neither you nor any other person may hold Alboo responsible for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

6. Advice and Technical information

(1) Any advice, recommendation, information, technical information, specification, drawing, descriptions, illustration, dimensions, assistance or service provided by Alboo in relation to any products or product is given in good faith and is believed by Alboo to be appropriate and reliable at any time it was given. However, any such advice, recommendation, illustration, dimensions, assistance or service provided by Alboo in relation to any products supplied by Alboo is approximate only.

7. Intellectual Property Rights

(1) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by Alboo.(2) The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website as at Dec 2019 are owned by Australian Provincial Retail PTY LTD. ABN 97 214 641 345
(3) You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.
(4) Many Alboo products are the subject of registered design and/or patent protection. You may not without written permission from Alboo or any relevant rights holder, use the design or any substantially similar to it. Alboo take the protection of its intellectual property rights in relation to those products.
(5) Some of Alboo products may be covered by Copyright protection as artistic works and works of artistic craftsmanship. You may not without written permission from Alboo or any relevant rights holder, use the Copyright in any of those works or any work substantially similar to it. Alboo takes the protection of its intellectual property rights seriously and expressly reserves its rights in relation to those works.
(6)The getup and trade address of the Alboo website is owned by Alboo. You may not without written permission from Alboo use of the trade dress or getup to represent that any product is from Alboo.
(7)Some of the signs on the website are registered and unregistered trade marks. You may not without written permission from Alboo use any of the trade marks, registered or unregistered, without written permission from Alboo.

8. Orders

(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Once an Order has been accepted, no cancellation of that Order is valid.
(3) Your online Order must be paid for in full before we can begin either the arrangements for the manufacture or supply of the products to you.
(4) Representations of products for sale made by Alboo via the website do not constitute an offer to sell but an invitation to treat.(5)You and Alboo may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(a) placing an electronic Order for the products using the website.
(b) you confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by Alboo
(6)When entering into the sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic institution containing the offer from you enters and is recorded in our database; and
(c) a record is created and stored in our database; and
(d) Alboo receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database
(7) You acknowledge that;
(a) The transmission of your offer or the confirmation of any payment made through electronic instruction may not be received by Alboo for reasons beyond either parties reasonable control including but not limited to electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems.
(b) to the extent permitted by the law, Alboo is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
(c) Alboo may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d )Alboo may treat an electronic instruction as authentic and is under no obligation to investigate the authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness if such electronic instructions.
(8) You will receive an email from Alboo as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at hello@alboo.com.au
(9) If your Order is not accepted by Alboo, Alboo will notify you by telephone or e-mail and arrange for a full refund of any payment made by you to be processed.
(10) Alboo may in its sole and absolute discretion, accept or reject any offer made by you for any reason(or no reason) including an error in the advertised price for , or description of the products on the products on the website, or error in your Order.
(11) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Alboo cannot supply a particular product, Alboo will notify you by telephone or e-mail as soon as possible.
(12) Alboo will deem to have accepted your Order by e-mail of an Order Confirmation for the sale and fulfilment of your order.

9. Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Alboo.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website.

10. Payment

(1) All payments must be made in full prior to delivery.
(2) Payments may be made via the Stripe secure payment gateway facility or as a direct bank transfer into the Alboo bank account via invoice arrangements made with Alboo.

11. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Alboo. Alboo will sell and supply the products to your as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. Alboo will endeavour to deliver your Order within the lead-time indicate at the time of your order was placed. You agree that your Order for any customised furniture may take the lead time accepted as advised at the time of your Order placement plus delivery from the date the order was placed. This lead time is the average manufacturing lead- time required by Alboo. Alboo will contact you on receipt of your Order to notify you of the indicative delivery date.
(3) Other than in respect of Orders for furniture, or deliveries to regional or remote areas, if Alboo gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your order without charge, and Alboo will arrange full refund of any payment made by you to be processed.
(4) Delivery dates may be greater than 10 days for regional or remote areas.
(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(6) Delivery times will be arranged with you in advance. If you are unable to accept delivery of your product a storage fee will be payable. Storage fees will be applied o a weekly basis until delivery has been completed and are payable prior to final delivery.
(7) If there is no one available to accept delivery on the pre-arranged delivery date, transport and re-delivery costs will apply.
(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Alboo’s premises.

12. Delivery by Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specific address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) On acceptance of your Order by Alboo, your Order will be despatched to your specified delivery address generally within 10 business days of the date you place your Order for items that are in stock.
(4) If you Order large or bulky items Alboo will contact you by telephone or e-mail to arrange with you to arrange a suitable time for delivery.
(5) You will be required to be available in person to accept delivery of your Order.
(6) If you wish to change the delivery date or delivery address you must contact us at hello@Alboo.com.au at least 48 hours prior to despatch of your Order.
(7) Alboo will endeavour to deliver your Order within any stated time frames for dispatch, however Alboo does not warrant that these time frames will always be met, as many factors may affect these timeframes.
(8) You must advise at the time you place you Order via the website or later when you discuss delivery with Alboo, of any difficulties that may be involved in the delivery (such as stairs, lifts and lift capacity or narrow entries)
(a) if you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person or persons to assist.
(b) Any additional costs in relation to access into your premises, e.g. crane are your responsibility.
(c) If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery.
(d) In addition, the above storage charges will apply.
(9) Alboo cannot and will not accept responsibility for delivery failures or delays by third party delivery contractor.
(10) You are required to inspect your products when you take delivery of them. You will be require to note any damage on the delivery documentation which will be presented to you by the carrier for signature. In other cases you will be required to notify us in writing of any damage or shortages within 24 hours of delivery.

13. Title and Risk in Goods

(1) Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

14. Secure Payment

(1) The website employs the latest in secure payment processing via the e Way payment gateway e Way secure and protect customer and credit card data with military grade software and servers. The e Way site is audited daily to eliminate vulnerabilities. Data is encrypted with Thales devises to offer the highest level of protection available.

15. Disclaimers and Indemnity

(1) To the extent permitted by law, Alboo exclude all liability to you or anyone else for loss or damage of any kind ( however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistake or inaccuracies on the website;
(b) you acting or failing to act on any information contained on or referred to on the website and or linked to the website.
(c) personal injury or property damage of any kind resulting from your access or use of the websites secure servers.
(d) any unauthorised access to or use of the website secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses or other harmful code or communications which may be transmitted to or through the website by any third part; and/or
(g) the quality or fitness for any purposes of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law. Alboo and its third parties will not be liable for any direct , indirect, special ,incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Alboo including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or any of them arising from any claim, demand or liability arose out of, in connections with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.

16. Order Enquiries

If you have any query about the progress of your Order please contact us at hello@Alboo.com.au Please have your Order number handy as shown on the e-mail confirmation.

17. Returns Policy

(1) Alboo will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Order, unless we choose to do so in our our sole discretion.
(2) If we do accept a return of you Order, you agree to arrange a return of the Goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the Goods in their original condition, in their original unopened and sealed packaging accompanied by their original unopened and sealed packaging, accompanied by their original Order receipt or another form of proof of purchase.
(3) You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any markdown of the price of the Goods.
(4) Alboo do not offer exchange or credit note on custom furniture or from what was shown to you, or in breach of manufacturer warranties or consumer guarantees or where otherwise stated by law.
(5) Where an item is found faulty, Alboo will provide a replacement along with the necessary service and support.
(6) Alboo reserves the right to make changes to these terms and conditions without notice.

18. Returns, Credit Notes and Refunds

(1) In accordance with Alboo’s Return Policy, where you as the customer decide within the first seven (7) days after delivery that you wish to return the product for any reason you must:
(a) notify Alboo of your desire to return the product.
(b) retain all original packaging and wrap the product in a safe and secure manner so that it may be returned to Alboo without damage, or without further damage in the event that damage to the product(s) has already occurred.
(c) where the original packaging is either damaged or no longer suitable to protect the product once shipped, you as the customer must arrange by whatever means to have the product(s) safely and securely wrapped.
(d) once appropriately wrapped, you as the customer shall arrange a person to be available to allow the delivery company to be able to pick up the products being returned.
(e) pay for the return shipping costs.
(2) Where you as the customer decides to return the product(s) Alboo must:
(a) coordinate with you as to a suitable time for the product(s) to be picked up by the shipping company once the product(s) are ready and available for pick up.
(b) provide you a credit note equal to the amount paid for the product(s) less the applicable return delivery charge once the returned products(s) have been received by Alboo.
(3) In order to facilitate a return under these Terms and Conditions, e-mail hello@alboo.com.au
(4) The customer must comply with the direction from Alboo staff to facilitate the return.
(5) It is the customers responsibility to ensure that returned items are returned safely. Alboo takes no responsibility for items lost in transit.
(6) Alboo does not provide refunds.

19. Privacy Policy

To see further about our collection of information and your privacy please click here

20. Force Majeure

Alboo will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

21. Governing Law

(1) These terms and conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Queensland, Australia. If provision of any of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Queensland, Australia you are responsible for the compliance with the laws of that jurisdiction, to the extent that they apply. Alboo makes no representations that the content of the website complies with the laws of any country outside of Australia.

22. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Alboo.

23. Transfers and Assignment

If Alboo merges, sells or otherwise change control of its business or this website to a third-party, Alboo Reserves the right without giving notice or seeking consent to transfer or assign the personal information, content and rights that Alboo has collected from you and any agreements it has made with you.

24. Waiver

The failure by Alboo to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Alboo