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Website Use Terms & Conditions


General 
This website is owned and operated by Freedom Furniture Australia Pty Limited trading as Freedom (“Freedom” or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to comply with the following Website Terms of Use, our Online Customer Terms & Conditions and our Privacy Policy (collectively our “Website Conditions”), and any other laws or regulations which apply to this website. In addition, when you purchase any products or services through this website, you will do so subject to the terms and conditions on this page, and as set out in our Online Customer Terms & Conditions, and subject to all our other Website Conditions and such further terms and conditions as may be notified to you. By using this website, you acknowledge that you have read and understood all of the Website Conditions and agree to be bound by them. However, if you do not or cannot accept our Website Conditions in full and without modification, you must stop using our website immediately.

We may revise and update our Website Conditions at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only. While Freedom aims to ensure that the information in this website is correct, sometimes errors do occur for which we apologise. Please refer back to these Website Terms of Use from time to time so that you are aware of the current terms and conditions. We do not undertake to keep this website updated.

Warranties
As a condition of your use of this website, you warrant that:

(a) you are at least 18 years of age; 
(b) you will use this website only in accordance with these Website Conditions; and
(c) the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.

Your use
You may only use this website for lawful purposes. When using this website, you must not:

(a) impersonate any person or entity;
(b) make any fraudulent speculative or false enquiries or bookings;
(c) post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
(d) knowingly transmit any virus or other disabling feature to the website;
(e) interfere with, disrupt, or create an undue burden on the website or the associated systems;
(f) frame or mirror any part of the website without our written approval; or
(g) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

Non-commercial use only
You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services.

You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.

Prices
All references to $ and dollars on this website are to Australian currency. Prices are indicative of the current store price in the store closest to the postcode you have provided. Prices available in Australia only. For in store purchases, check pricing with your nearest store prior to purchase. To update your postcode please scroll down to the bottom of this page, and enter your postcode in the "Change Postcode" box.

Colours
Reproduction of colours is as accurate as possible, but please note colours in store may vary slightly from what is displayed on your monitor.

Products, availability & assembly
Due to popularity or interruption of supply, some items may be unavailable or out of stock.

Also at present a selection of our goods only are available for purchase online. We intend to extend this in future. As our stores vary in size, it is possible that not all items are displayed in all stores. However all items can be ordered from all stores. Please call your local freedom store before attending to enquire whether they have the items on display or available. Some items may require self assembly. It may be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

Advice and technical information
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by freedom in relation to any products is given in good faith and is believed by Freedom to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by freedom in relation to any products supplied by freedom is approximate only.

Consumer guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.  For details of the Freedom Warranty or consumer guarantees for Freedom products, see our terms and conditions for the Freedom Online Order System available here or for in store purchases available here or in store for personal shoppers.

Liability of Freedom
Your use of this website or any information on this website is entirely at your own risk. Freedom makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. freedom expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by Freedom of those internet sites, nor does Freedom make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. Freedom expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Freedom is not liable to you or anyone else for any:

• decision, action or inaction taken in reliance on the information in, or connected with, this site; 
• losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
• your use or misuse of this website or any information or material contained in this website;
• the loss or modification of information or material transmitted from this website;
• any defect, technical problem or virus attached to or arising from this website or the server;
• any injury or illness you or any other person sustains as a result of using this website;
• the products displayed being unavailable at any time;
• your inability to access or use the website or any material on the website;
• the loss of confidentiality in any information or material transmitted to or from the website.

To the maximum extent permitted by law (including the Australian Consumer Law), Freedom does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

Privacy
Freedom is bound by the Privacy Act 1988 and is fully committed to respecting your privacy. Freedom's Privacy Policy outlines how and when personal information is collected, stored and distributed by Freedom. You can review our Privacy Policy here.

Copyright
This website and its contents are the property of Freedom and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of Freedom Australia Pty Limited, Level 4, 1 Epping Road, North Ryde NSW 2113, Australia.

Intellectual property and trademarks
Freedom is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Freedom in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of Freedom’s intellectual property is prohibited without the prior written permission of Freedom Australia Pty Limited, Level 4, 1 Epping Road, North Ryde NSW 2113, Australia.

Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.

Disclaimer
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Freedom makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as cannot be excluded under applicable laws. To the fullest extent permitted by law (including the Australian Consumer Law) freedom, its directors, officers, employees, agents, contractors, franchisees, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this web site.

Overseas access
This website may be accessed in Australia and throughout the world. Freedom makes no offer in or by this website to sell any product or service in any country outside Australia and no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia.

Governing law
This website has been designed for use within Australia. By accessing this website you are agreeing that the Courts of New South Wales, Australia will deal with any disputes which may arise between you and us, and that the laws of New South Wales, Australia shall be the applicable law.

 

Online Customer Terms & Conditions


The Freedom Online Order System is operated by Freedom Furniture Australia Pty Limited ACN 051 493 764 and/or its authorised agents (“Freedom” or “we” or “us” or “our”). The “Freedom Online Order System" comprises all Freedom websites, the software associated with these websites and the facility to enter into transactions to place an order for products sold by freedom and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (“Order”).

To view our Privacy Policy, click here.

To view our Website Terms & Conditions of Use, click here.

Acceptance of terms & conditions
By viewing, using, accessing, browsing, or submitting any content or material on the Freedom Online Order System, you agree to these Online Customer Terms & Conditions, our Privacy Policy, and our Website Terms & Conditions of Use (collectively our “Terms & Conditions”) as a binding legal agreement between you and Freedom. If you do not agree to these Terms & Conditions, then you may not use the Freedom Online Order System.

Use of the Freedom Online Order System

The Freedom Online Order System is only for purchase and delivery of Freedom products within Australia. Not all products can be purchased online.

By registering for the Freedom Online Order System, you warrant to us that you are at least eighteen years old.

You must keep secure any means of identification that we provide to you in order to access the Freedom Online Order System. Freedom takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties. You are responsible for all use of the Freedom Online Order System, and all transactions entered into by means of the Freedom Online Order System, using this user identification.

You agree to comply with Freedom’s Website Terms & Conditions of Use available here. You further agree:

(a) not to use the Freedom Online Order System for any commercial or re-supply purposes;
(b) not to access the Freedom Online Order System using a third-party's account/registration without the express consent of the account holder;
(c) not to use the Freedom Online Order System for illegal purposes;
(d) not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;
(d) not to commit any acts of infringement on the Freedom Online Order System or with respect to content on the Freedom Online Order System;
(e) not to copy any content, for republication in print or online or any other purpose;
(f) not to disrupt, interfere with, or otherwise harm or violate the security of the Freedom Online Order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Freedom Online Order System or affiliated or linked sites.


Orders
Any Order for a product placed through the Freedom Online Order System is an offer by you to purchase a particular product for the price shown on the Freedom Online Order System at the time you place the Order.

Pricing
All product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.

Delivery costs will also be charged on Orders delivered to you. Further details on delivery are set out under the Delivery section below.

Payment
Full payment for products must be made at the time you place your Order.

You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

Acceptance or Rejection of an Order
When you place an Order to purchase product(s), we will send you an email confirming receipt of your Order and containing the details of your Order. This email is an acknowledgement that we have received your Order, and does not confirm acceptance of your offer to buy the product ordered. We only accept your offer, and conclude the contract of sale for the product(s) ordered by you, when we have processed your Order and issued a sales invoice to you.

Electronic invoices will be emailed to you at the email address provided by you in relation to the Order.

We may reject an Order placed through the Freedom Online Order System or any part of your Order without liability to you for that rejection if:

  • a product in that Order is not available;
  • there is an error in the price or the description of the product posted on the Freedom Online Order System; or
  • the Order triggers fraud prevention protocols.

If we reject an Order, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you place the Order.

Each Order placed through the Freedom Online Order System that we accept results in a separate binding agreement between you and us for the supply of those product(s). 

For each Order accepted by us, we will supply the product(s) in that Order to you in accordance with these  Terms & Conditions.

Cancelling an Order
We may cancel all or any part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if: 

a product in that Order is not available; 
b. there is an error in the features, specifications or price of a product posted on the Freedom Online Order System for a product in that Order; or 
c. we reasonably believe your Order has been placed in breach of these Terms & Conditions.

On cancellation of an Order, we will refund your payment to you.  If we cannot stop the shipment of the Order at the time of cancellation, then you will be required to refuse delivery or return the product(s) in Order to receive a refund.

Storage
Subject to other terms, you must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, Freedom may charge storage fees of $50 per delivery per week and/or cancel your Order.

Delivery
Delivery charges and estimated date of delivery will depend on where your Order is being delivered. See Delivery Information for the postcodes that we deliver to, costs and estimated delivery dates.

Products can only be delivered within Australia.

It is the customer’s responsibility to ensure correct delivery address and access details are provided to Freedom.

We will use all reasonable endeavours to meet the estimated delivery date, however you agree that Freedom is not and will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.

Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present.

Click & Collect
Click & Collect is limited to participating Freedom stores.  We reserve the right to change participating stores at any time without notice.

All homewares and furniture products that are in-stock at your selected store and on freedom.com.au are available for Click & Collect unless otherwise specified.

If we have your email on file you will receive an email when your Order is ready for collection.

The person collecting the Order:

  1. must collect the Order from the store selected when the Order was placed;
  2. must provide a copy of the Order confirmation;
  3. must provide photographic identification and a signature must be provided when collecting the Order; and
  4. the card used for payment is required to be shown when you collect your Order.

The person collecting the Order acknowledges that we may record the details of any identification provided in relation to the collection of the Order in accordance with our Privacy Policy.

For larger items be aware that you may need two people to safely carry your Order. You acknowledge that it is your responsibility to safely transport your items from the point of collection.

For Click & Collect Orders, you must collect your Order within 14 days of being notified that it is ready for collection. For Orders not collected in this time Freedom may charge storage fees of $50 per delivery per week and/or cancel your Order.

Please call your nominated Click & Collect store if you are unable to pick it up within this time. For store address and opening times see our Store Locator.

Risk and Title
Risk in Freedom products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Freedom of full payment by either cash or clearance of funds into our bank account.

Advice and technical information
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products is given in good faith and is believed by Freedom to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products supplied by Freedom is approximate only.

Privacy
Freedom is fully committed to respecting your privacy. For a more detailed view of our Privacy Policy, click here.

Freedom Warranty and consumer guarantees
Freedom Warranty: Freedom provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010  (Cth)(“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale.

The period of the Warranty will be:

(a) 10 years for upholstery frames (including sofas, daybeds, chaise, armchairs and recliners, and excluding occasional chairs, dining chairs and bar stools);
(b) 2 years for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms), pendant lights and any other product which freedom identifies in writing as attaching this Warranty; and
(c) 1 year for all other products.

This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.

Exclusions: Subject to the Australian Consumer Law, this Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:

(a) Repairs to a product are made or attempted by a service provider other than one approved by freedom.
(b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
(c) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
(d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(e) The product is tampered with in any way.
(f) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

Mattress warranty: Freedom will pass on any warranty on a mattress provided to it by a mattress manufacturer to you. The warranty period is as specified by the manufacturer.

Consumer guarantees: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Freedom Warranty apply to the consumer guarantees.

Consumer guarantee remedies: If there is a major failure with the product, the customer is entitled to:

(a) reject the product and get a refund;
(b) reject the product and get an identical replacement, or one similar in value if reasonably available; or
(c) keep the product and obtain compensation from freedom for the drop in value of the product caused by the major failure.

If there is a minor failure with the product, the customer is entitled, at the election of Freedom to:

(a) a refund of the cost of the product;
(b) replacement of the product; or
(c) have the product repaired within a reasonable time.

Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Freedom is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.

Homewares Change of mind policy
For homewares products (excluding upholstered and furniture products, clearance and sale products,  products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product), in addition to the remedies available under the Freedom Warranty and applicable statute (including the Australian Consumer Law), if you change your mind you may return the product within 7 days of the date of delivery provided that the product is returned in its original condition, is in its original unopened and sealed packaging, and is accompanied by proof of purchase (the sales receipt or another acceptable form of proof of purchase).

Such products purchased online can be returned to any Freedom store, or by post to the relevant location by state:

NSW: Online Returns Department
Primewest Auburn Mega Mall
Shop G01/265 Parramatta Road
Auburn NSW 2144

VIC: Online Returns Department
Homemaker Hub, 120 Bulla Road
Strathmore, 3041
Strathmore VIC 3041

QLD: Online Returns Department
The Windsor Centre
Cnr Lutwyche & Newmarket Road
WindsorQLD 4030

WA: Online Returns Department
270 Leach Hwy
Myaree WA 6154

SA: Online Returns Department
60 Glynburn Rd
Glynde SA 5073

Items posted are at the customer’s cost and risk, and Freedom shall not refund customers for any products that it does not receive, or that it receives which are broken or damaged.

Except as set out above, Freedom will not accept a request for cancellation if you simply change your mind, unless Freedom chooses to do so at its absolute discretion.

If Freedom does accept a request for cancellation simply due to a change of mind, the customer must pay an amount to Freedom which in Freedom’s reasonable view reflects the loss that Freedom will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Freedom will set off this amount against any moneys already paid to us by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to Freedom, the customer must pay such amounts to Freedom within 7 days of Freedom’s request to pay.

Made to order stock: Notwithstanding any other provision of these terms and conditions, Orders for products which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer cannot be cancelled or returned if the customer decides they no longer want the products simply due to a change of mind.

How to make a claim

To claim under the Warranty or a consumer guarantee, you must:

(a) for curtains and blinds, notify Freedom Curtains and Blinds Customer Service by ringing 1800 676 612 or emailing support@freedomcurtainsandblinds.com.au and return the product for repair/inspection as requested;
(b) for all other products, complete an online claim form at https://freedom-au.zendesk.com/hc/en-us.

You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Freedom reserves the right to charge an upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Freedom determine you have a valid claim.

If you are requested to return the product to Freedom for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or other address advised by Freedom. If the product cannot be returned easily because of its size or height, Freedom will arrange and pay for the transportation of the product. If Freedom determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If freedom determines you do not have a valid claim, you must reimburse Freedom for any transportation costs that Freedom has paid and any return transportation costs.

Freedom will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you.

We will do our best to resolve the issue in a timely manner. For any queries please:

(a) for curtains and blinds, call Freedom Curtains and Blinds Customer Service on 1800 676 612 or email support@freedomcurtainsandblinds.com.au;
(b) for all other products, please visit our help centre https://freedom-au.zendesk.com/hc/en-us.

General

The Freedom In-Store Customer Terms & Conditions apply to in-store purchases from Freedom, and can be found on this website.

Products are suitable for domestic use only unless otherwise specified.

We may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on this website. The amended agreement will take effect from the time of posting on the website. You agree that use of the Freedom Online Order System by you shall be subject to the then current Terms & Conditions, and continued use of the Freedom Online Order System now or following modifications of these Terms & Conditions confirms that you have read, accepted, and agreed to be bound by such modifications.

Freedom reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Freedom Online Order System and/or services offered on or through the Freedom Online Order System (or any part thereof).

If any part of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions will continue to be enforceable and valid.

These Terms & Conditions will be governed by and construed in accordance with the laws of the State of New South Wales, in Australia. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales.


Freedom Furniture Australia Pty Limited
Level 4, 1 Epping Road North Ryde NSW 2113
(02) 9882 9000

Version November 2020



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