Terms of service

THANK YOU FOR YOUR PURCHASE FROM REMARKABLE OUTDOOR LIVING.

General
This website is owned and operated by Remarkable Outdoor Living Pty Limited. By entering, accessing or using our website in any way, you agree to comply with the following our Terms Of Service and our Privacy Policy (collectively our “Website Conditions”), and any other laws or regulations which apply to this website. 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. The Website Conditions which apply to a purchase are those that are made available to you on the day of your purchase. The information contained on this website is intended to apply in Australia only. While we aim to ensure that the information in this website is correct, sometimes errors do occur for which we apologise.

1. Payments:

1.1 Payment Method

You must make payments by cash, bank transfer, or EFTPOS and without deduction unless otherwise agreed. Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods, e.g. bank transfer fees and related charges. If We receive or recover money concerning Your debts, We may apply it to whichever portion of those debts We deem appropriate.

1.2 Payment Terms

You must pay the total purchase price for the goods plus the delivery costs to us two (2) days before the delivery of the goods. Title in goods shall only pass to you once we receive payment in full of all monies owed to us by You. We reserve the right to take possession and dispose of the goods as we see fit at any time until full payment is made by You.

1.3 Deposit

You must pay a minimum deposit equal to twenty percent (20%) of the total price of the goods (including GST) plus the delivery costs ("Deposit") as set out in this agreement before Us placing the order for the Goods.

1.4 Invoice

If you believe the invoice you received must be corrected, please notify us immediately.

2. Limitation of Liability:

You agree:

To limit any claim You make to the cost of replacement of the goods or of acquiring equivalent products;
That we shall not be liable for any loss or expense arising after delivery of the goods (or at all once Goods have been unpacked, affixed, and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance.

That to the fullest extent legally permissible, we shall not be liable for any damages for personal injury, any damage to property, and/or any contingent, consequential, direct, indirect, special, or punitive damages, whether due to negligence or otherwise and You acknowledge this limit of liability and agree to limit any claim accordingly;

That to the fullest extent legally permissible, no other term, condition, agreement, warranty, representation, and/or understanding, whether express or implied, in any way extending to, otherwise relating to, or binding upon Us other than these terms is made or given by or on behalf of Us other than by these terms save and except to the extent otherwise required by law.

Whilst Remarkable makes every reasonable effort to present accurate information on the website, the information may contain typographical errors or inaccuracies and need to be completed or updated. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies, or omissions may relate to product description, pricing, and availability.

If, for example, the price or description of a product offered for sale on the website is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, at Remarkable's discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on obtaining a refund. The Returns Policy is stated on Remarkable's Refunds & Returns page, which can be found at iconbydesign.com.au/Refunds-Returns.

The title remains with Remarkable until full payment for all supplied products has been received by Remarkable. Risk in the products passes to you on delivery. We do not accept liability for any loss, theft, or damage to the products after delivery. If you authorize the parcel to be left unattended, delivery is affected when our delivery partner records the delivery as having taken place.

3. Exclusions:

You agree that:

You are responsible for making your own informed decision when selecting the goods, and any advice or assistance provided by or on behalf of us is at your own risk. It shall not be considered expert advice or relied upon as such.
The goods are sold subject to the terms and conditions of each manufacturer and are covered by the manufacturer's warranty. We will not be held liable for any claim under the manufacturer's warranty unless required by law.
We will only be responsible for any failure to comply with your requirements or those of any other person if such requirements are communicated in writing to the relevant personnel at Remarkable Outdoor Living before the sale contract is entered into.
We will not be considered in breach of any contract or default as a result of force majeure, which includes any cause beyond our reasonable control, such as strikes or lockouts.
No terms and conditions sought to be imposed by You upon Us shall apply. We reserve the right to amend these Terms and Conditions at any time.

4. Recovery Costs:

You must pay all costs and expenses (including legal fees on an indemnity basis) incurred by Us and/or our agents in respect of you, whether relating to any debt, possession, delivery of goods and/or otherwise.

5. Goods and Services Tax [GST]:

All monies payable to us and any other consideration for any additional "taxable supply" (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time) shall unless We otherwise direct be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – all of which must be paid by you to us as and when due and in such manner as we reasonably require.

6. Warranty Policy:

The warranty provided by Remarkable covers the replacement or repair of any product that has a manufacturing or material defect, but there are exclusions. The warranty is valid for the original purchaser from the delivery date and is only for domestic use. The warranty only covers repairing or replacing affected pieces of a setting. Proof of purchase is required, and Remarkable can locate records in their system with just a few details.

Exclusions To Warranty:

Except as required by law, we do not provide any warranty for goods that are not a result of manufacturing or material defects. This clause, or anything in this agreement, is not intended to exclude or limit any rights you may have under the Australian Competition and Consumer Act 2010 ("Australian Consumer Law"). The warranty does not apply in the following circumstances:

Seconds, floor stock, clearance, repaired products, or defects known before purchase.
Normal wear and tear, or a natural characteristic of the material used.
Damage caused by improper installation or assembly of the product.
Damage caused by failure to follow safety instructions or warnings provided with the product.
Damage caused by unauthorized repairs or modifications to the product.
Damage caused by acts of vandalism or intentional damage.
Damage caused by natural disasters, such as floods, earthquakes, floods and hurricanes.
Damage caused by pests or insects.
Damage caused by exposure to harsh chemicals or substances.
Damage caused by exposure to excessive humidity or moisture.
Damage caused by transportation or shipping, unless the product was shipped directly by Remarkable and the damage occurred during shipping.

7. Refund, Return & Repairs Policy:

We recommend that you review these terms and conditions before purchasing from us to ensure you understand our policies regarding refunds, returns, and repairs and your rights under Australian Consumer Law.

Please inspect any goods delivered to you or collected from our store immediately to ensure they meet your expectations, including being of acceptable quality and matching the description we provided.

Please carefully review your orders before submitting them to ensure accuracy.

7.1 Refund Prior to Dispatch:

If you choose to cancel your order before it is dispatched, we offer a refund option. A cancellation fee of 10% will be applied to the refund amount. The refund amount will be calculated as the original product price minus the cancellation fee. To initiate the cancellation process, please take prompt action and call our Customer Service team at 1300 296 505 as soon as possible.

7.2 Easy Change of Mind Returns After Dispatch (Online Order Only):

We offer customers a 30-day return policy for online order from the date of receipt, and a store credit voucher will be issued upon return.

Terms and conditions:

Items must be in an unused, undamaged and saleable condition with original packaging. If items are returned damaged, costs will be determined and minus from credit note value.
If the item is damaged upon receipt, you must contact us immediately to report the damage. Failure to contact us will shift responsibility to the receiver.
Purchaser are responsible for all costs associated with the return of the item.
To initiate a return, the invoice number and email address must be provided via email.
Upon the receipt of the product and a successful inspection a store credit voucher will be issued via email within Seven (7) working days.
The store credit will be valid for One (1) year from the date of issuance.
The store credit amount will be calculated as the original product price minus the return shipping costs and a 20% restocking fee.
Exchanges can be made One (1) time only from the initial order placed.

Exclusions:

The below items are excluded from 30-Day returns

Items that are discounted by 20% or more off original product price
Items marked as "clearance"
Floor stock and demo model
Any ex-display items purchased from our Showroom or Warehouse Sales
Special orders and customized products.
Commercial-use products.

Return Shipping Costs:

If you want to return an item due to a change of mind, please be aware that a shipping fee will be incurred. After you send us return request, our staff will provide you with a quote for the return shipping fee. Additionally, the initial delivery cost will be deducted from your credit amount. Please note that items purchased during Free Shipping Promotions, both the delivery charge to you and the return shipping fee will be deducted from your final credit amount for change of mind returns.

Return Packaging:

When returning an item, all we ask is that it is unused and in the original condition you received it. This includes all the original packaging, accessories, and manuals. You will be notified if your returned item does not meet our returns criteria or partially meets our returns criteria. If You have any concerns about the condition of your goods before returning them to us, please contact us first to discuss this.

7.3 Returns and repairs of damaged goods:

If You Notice the Damage on Delivery:
Before signing for the delivery, we kindly request that you thoroughly inspect the items for any issues. If a product is delivered to you with evident and substantial damage to either the packaging or the item itself, please note the damage on the delivery document and take photos or record videos to document the damage. Promptly send us an email containing those visuals and a detailed description.
If You Notice the Damage after Delivery:
Please report any damaged goods as soon as possible, providing a detailed description of defect, photographs or videos showing the issue, preferably within 24 hours of delivery. If the defect is deemed to be a manufacturer's fault, we will arrange to have the damaged goods repair or provide a replacement. Before we come to collect the goods, please keep them unused and in the original condition. Alternatively, we offer the option to keep the goods and receive compensation for the decrease in value caused by the problem. If a replacement is unavailable or the product cannot be repaired, we will arrange a refund. While we process refunds immediately, it may take up to 5 working days for the refund to appear in your account.

8. Delivery: You acknowledge and agree that:

The goods may not be available for immediate delivery;
We will endeavour to deliver the goods to you within seven (7) business days after the date that the order was placed and the deposit was paid to us if such items are advised in stock at the time of purchase;
Some items of furniture are made to your specification and are not generally held in stock and will need to be ordered;
Any order for items of furniture may take up to fourteen (14) weeks to be delivered to you from the date that you placed the order and paid the deposit, which is the average manufacturing lead time required by suppliers; however, please note this delivery timeframe may vary due to high demand, occasionally resulting in delayed shipment;
Delivery times for regional or remote areas may exceed fourteen (14) weeks for items, not in stock and are typically within four (4) weeks for stocked items.
All booking dates are to be used as a guide only and are not guaranteed;
You will be advised of an approximate date of arrival at the time your order is placed, and should a delay occur, you will be contacted;
You are required to pay all delivery charges, including any additional expenses incurred due to difficulties with access, and you are required to ensure that correct delivery address details are provided to us and to notify us in advance if there will be difficulties accessing the delivery address (such as staircases, narrow passages, ceiling height, lift sizes, and doorways) as our delivery costs reflect the information that you give us;
You are responsible for ensuring adequate access and entry to the specified delivery address to allow the delivery of the goods. If delivery cannot be made, a card will be left, and you will be responsible for collecting the goods from the address identified on the card. The goods will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address provided, and if an appropriate person is not available to accept delivery on the pre-arranged delivery date, then You will be charged for transport and re-delivery costs;
You must ensure that sufficient, clear, and safe access is available to deliver the goods you have purchased and adequate coverings for protection on flooring, as the assembly will be done on-site. We will not accept any liability for damage if you have failed to cover the assembly area or the delivery path adequately. It is an occupational health and safety policy for delivery staff to wear protective shoes.
We will use reasonable endeavors to meet the estimated delivery date; however, if we are unable to meet the estimated delivery date for any reason, then our liability will be limited, at our option, to resupplying the goods at a different time or, at a maximum, to giving store credit of the purchase price to you. Under no circumstance will we deliver over balcony railings or through windows.
If the goods need to be disassembled due to the incorrect information given by you, additional charges will apply for which you will be liable. A cancellation fee will apply if the goods cannot be delivered and must be returned to our warehouse.
We are not responsible for delays outside our control. Suppose our delivery, any agreed assembly of the products, or the availability of products for collection is delayed by an event outside our control. In that case, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Where a customer gives written authority for products to be delivered without a signature, any included insurance cover will be voided.

9. Customer Pick-Ups: Where the goods are to be collected from our warehouse, the following shall apply:

We will contact you by either telephone or email to notify you.
The order for collection must be collected from us within fourteen (14) days unless otherwise agreed from our giving notice to you that the order is ready for collection. If the order is collected after the given time frame, we have the right to allocate the goods to another customer and re-order the goods for you.
Upon collection of goods, an original invoice must be presented.
Occupational health and safety laws and requirements prohibit our staff from lifting furniture outside our warehouse and showroom, and you are responsible for ensuring that you have sufficient help to carry the goods from our warehouse or showroom to your vehicle.
Once you have taken ownership of the goods and collected the goods from us, we will not accept any claims concerning scratches, indentations, marks, missing colour, or any other damage to the Goods.
When receiving the goods, you must inspect the goods thoroughly before signing to declare that the goods are received in good order, as any claims for defects will not be accepted if you sign to declare that the goods are received in good order.
Please contact us if you need to familiarize yourself with the installation procedures. We will not accept claims for damages caused by you concerning installing the goods.
Collection of the goods from our warehouse must be made by appointment only.
Insurance is not available as part of your order. Should you opt to arrange your own transport through a third-party delivery service, we strongly recommend inquiring about insurance policies to cover the goods during transit (including insurance policies through the chosen delivery contractor). Please be aware that we do not accept responsibility for any transport damages once the goods are dispatched from our warehouse or showrooms in such cases.

10. Storage: You may be liable for payment of storage fees for the Goods if they cannot be delivered on the estimated delivery date.

11. Variations and Specifications: Goods may differ from the showroom sample. Soft furniture can vary in appearance, including creasing and softness. Colour swatches are approximate, and fabrics may vary in texture and colour. Natural products such as stone and timber are unique in markings, patterns, and colour variations.

Remarkable carefully chooses materials and designs for our products, making them suitable for outdoor use. However, the lifespan and performance of each set may vary depending on the specific materials used and the environment it is exposed to. For instance, a setting kept in a covered area will have a longer lifespan than one exposed to the elements. It is important to consider these factors when selecting and protecting your setting.

Products may vary slightly from their pictures.

Product images in our brochure and website are for illustration purposes only. We cannot guarantee accurate colour depiction due to device display and printing limitations. Your product may differ slightly from the images shown.

Product packaging may vary

The product's packaging may vary from that shown in images on our website or our catalogue or brochure.

12. Pricing:

We provide no warranty or guarantee that the price displayed for the goods is the most competitive or the lowest recommended retail price available in the market. However, we reserve the right to increase the price of the goods due to any increases in material costs, freight charges, and manufacturing costs.
All prices shown are in Australian dollars.
Unless otherwise specified, any accessories depicted in product images are not included in the listed price.

13. Risk and title: All risks and titles in our products pass on receipt of full payment of the products by you.

14. Consumer Guarantees & Your Rights under the Australian Consumer Law:

Consumer guarantees are non-excludable and apply in addition to any extended warranty purchased by you or any voluntary warranty (warranty against defects) given to you. However, there may be circumstances where you are not entitled to a remedy, such as in cases where you:

Have received an item you ordered but have changed your mind, found it cheaper elsewhere, decided you did not like it, or have no use for it. We cannot accept a return. Additionally, if you have misused or mistreated the goods in any way that caused the problem, we cannot accept a return.

If a defect in the goods appears within the first twelve (12) months, we will take the following actions:

If the defect is minor, we will, at our discretion, either repair the goods or offer you a replacement.
If the defect is major, you are entitled to the following options:

Keep the goods and receive compensation for the decrease in value caused by the problem.
Reject the goods and receive an identical replacement or a replacement of similar value if one is reasonably available.
Reject the goods and receive a refund of the purchase price, excluding delivery and assembly costs.

To submit a claim for a defective product, you must contact the shop where you purchased the goods and send a notice via email, including your name, address, telephone number, details of the goods purchased, and details of the defect claimed. You must stop using the goods immediately after the defect appears and notify us within seven (7) days of the defect arising.

Please note that any costs associated with the return will be your responsibility.

15. Our liability for any loss or damage suffered by you

We are responsible for any foreseeable loss or damage you suffer due to our failure to comply with these terms, but not for any unforeseeable loss or damage. We define loss or damage as foreseeable if it was obvious or discussed during the sale process.
While assembling at your property, we will repair any damage caused by us. However, we are not responsible for repairing pre-existing faults or damage to your property.
If you or a third party improperly assemble, store, use, or fail to follow instructions for our products, we are not liable for any resulting defects, damage, or faults.
We only supply products for domestic and private use. If you use them for commercial, business, or resale purposes, we have no liability for any resulting loss of profit, business, or opportunities.
Our total liability, including for breach of contract, negligence, or misrepresentation, is limited to the price you paid for the products.

16. Use of the Remarkable Online Order System

The Remarkable Online Order System is exclusively designated for purchasing and delivering Remarkable products within Australia. Please note that not all products are available for purchase online.

By registering for the Remarkable Online Order System, you certify that you are at least eighteen years old. You must safeguard any means of identification we provide to access the Remarkable Online Order System.

Please be advised that Remarkable shall not be held liable for any transactions resulting from disclosing your password to third parties. You are solely accountable for all activities on the Remarkable Online Order System and all transactions conducted through the use of this user identification.

You here by agree to abide by Remarkable's Website Terms & Conditions

Additionally, you agree to the following:

Not to use the Remarkable Online Order System for commercial or resupply purposes;
Not to access the Remarkable Online Order System using another person's account/registration without the account holder's express consent;
Not to employ the Remarkable Online Order System for illegal purposes;
Not to utilise fraudulent or unlawful means to pay for any products;
Not to infringe any content on the Remarkable Online Order System;
Not to reproduce any content, either in print or online, or for any other reason;
Not to disrupt, interfere with, harm, or violate the security of the Remarkable Online Order System or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Remarkable Online Order System or affiliated or linked sites.

17. If you have any inquiries, please do not hesitate to contact us using one of the following methods: