BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.
TERMS AND CONDITIONS
Acknowledgement and acceptance of Terms and Conditions
The website http://www.toptrekfurniture.com/ (Website) is owned and operated by Top Trek Furniture Pty Ltd (ACN 650 919 047)
By accessing, using or browsing the Website and any of its associated services and functionality (including the Website and any related sites), you agree to be bound by these terms and conditions and privacy policy.
Please read these Terms and Conditions carefully before placing your Order with Top Trek Furniture as they contain important information about the ordering, processing, fulfilment and delivery of goods.
If you do not agree to any Terms and Conditions, you must not use or continue to use the Website.
Top Trek Furniture reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms and Conditions in use.
If you do not understand any of the Terms and Conditions, or if you have any questions, please contact our Customer Service using the online contact form.
1. Definitions
The following apply to these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Queensland, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Fees means the fees charged for the delivery of Goods in accordance with clause 12.3, as amended from time to time.
Good means the items offered for sale, described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means a request by you to purchase Goods from Top Trek Furniture in accordance with these Terms and Conditions.
Price means the purchase price of each Good as specified on the Website (including GST).
Privacy Policy means the Top Trek Furniture Privacy Policy found on the Website.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means http://www.toptrekfurniture.com/
We or Us or Our or Top Trek Furniture means any of Top Trek Furniture Pty Ltd its directors or employees.
You or Your means you as the purchaser of goods from Top Trek pursuant to these Terms and Conditions.
2. Using the Website
2.1. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.
2.2. Top Trek Furniture cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Top Trek Furniture entirely of all responsibility of any consequences of its use.
2.3. The Website and its contents are provided to you on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
2.4. We reserve the right to change the Website at any time.
3. Availability of Goods
3.1. You acknowledge and agree that from time to time, some goods on the Website may be out of stock or unavailable.
3.2. We reserve the right to withdraw or suspend any good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Top Trek Furniture will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
3.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will contact you.
3.4. You acknowledge and agree that:
3.5.1 all pictures and images of Products displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
3.5.2 you have read and fully understand and accept any corresponding written description of the Products prior to submitting your Order;
3.5.3 the colour of Products as shown on the Website may vary slightly or in shade in real life;
3.5.4 the designs and colours of fabric may vary slightly from one Good to another;
3.5.5 we reserve the right to make any changes to internal specifications of our Goods or minor external changes where necessary which may not be displayed or apparent from the Website. These will be apparent if orders are placed at different times;
3.5.6 where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
3.5.7 any accessory featured with the Goods is or may be for illustration purposes only, and may be sold separately.
4. Placing Orders for Goods
4.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
4.2. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Top Trek will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
4.3. You also agree to obtain consent to provide Top Trek any personal details for nominated recipients of gifts.
4.4. You may Order from Top Trek if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
4.5. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made. However, we might allow you to return Goods in accordance with these Terms and Conditions. You must check your Order carefully prior to submitting your Order with us.
4.6. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
4.7. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting Top Trek Customer Service in relation to your Order.
4.8. You agree to make your own enquiries to verify information provided and to assess the suitability of Goods before you order the Goods.
5. Acceptance and rejection of Orders
5.1. Goods displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.
5.2. Orders placed by you on the Website are offers to purchase particular Goods on these Terms and Conditions at the Price specified (plus the Delivery Fee) at the time you submit your Order.
5.3. When we accept an Order, it represents an agreement by Top Trek to supply you with the Goods in accordance with the Order and these Terms and Conditions.
5.4. To the extent permitted by law, Top Trek reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in your order or the discontinuance of a promotion.
5.5. In the event that we reject an Order under the above clause, we will notify you of that rejection and the reason for rejection via email. Top trek will not be liable to you for your loss or that of any third party for the rejection of an Order.
5.6. If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 5.4 and we will notify you of that rejection via phone or email. Top Trek will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.
6. Price and Payment
6.1. Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and where applicable, are inclusive of goods and services tax (GST).
6.2. The Price in respect of a Good is specified on the Website.
6.3. Top Trek reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case clause 3.4 will apply).
6.4. In respect of any Order, we will charge you and you agree to pay:
6.4.1 the Price (which is the Price at the time the Order is submitted); and
6.4.2 the Delivery Fee.
6.5. You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card or PayPal. When paying by credit card, you authorise Top Trek to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6. You acknowledge and agree that any payment in respect of an Order must be cleared by Top Trek to its satisfaction before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In such instances we cannot and will not hold the Goods against your Order and we do not guarantee that the Goods will be available should you try to Order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7. In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8. You will receive a tax Invoice by email once payment in respect of your Order has been processed and cleared pursuant to clause
7. Shipping and Delivery
7.1. Delivery Agents
Top Trek uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2. Delivery Areas
Delivery is restricted to the Delivery Agent’s pre-defined delivery area
7.3. Delivery Fees
Delivery fees vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order.
7.4. Estimated Delivery Time Frames
Subject to this clause and the Delivery Agent, Top Trek aims to dispatch an Order from our warehouse on the next 3 business days (outside special sale events).
Our Delivery Agent, provides a delivery estimate of:
(i) 3-7 business days Australia wide for capital cities and surrounding suburbs;
(ii) 5-14 business days for regional areas, Western Australia, Queensland and Northern Territory
We cannot guarantee that Orders that are split under clause will be delivered on the same day.
From time to time, Top Trek and Top Trek’s Delivery Agent may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:
(a) Top Trek cannot guarantee that delivery will occur in the delivery time frames;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) Top Trek is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery by Top Trek’s Delivery Agent.
During major sales events or COVID lockdown Orders may experience delivery delays.
General Terms for Delivery
7.5. Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age at the time of delivery and capable of receiving delivery on your behalf, and you agree that our Delivery Agent will be entitled to rely on the appointed representative's instructions as if they were your own instructions.
7.7. You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you or your representative refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
7.8. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.9. Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If the Goods are not as ordered, there are Goods missing or there is obvious damage to the Goods due to transit, you must contact Top Trek Customer Service within 3 Business Days.
7.10. Insurance and express delivery is not available in respect of your Order.
7.11 Authority to Leave By ticking the box to authorise the delivery to be left without signature you hereby authorise Top Trek to arrange for your Order to be delivered and to be left at the shipping address without requiring a signature for its delivery, and hereby acknowledge and agree that only confirmation of delivery by Top Trek’s Delivery Agent will be obtained in order to satisfy proof of delivery. Top Trek will not replace or refund items which you authorise to be left without signature.
8. Packaging and Labeling
We endeavour to depict Goods available for Order using accurate images of the Goods. At times, however, Goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
9. Order cancellations
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you must carefully check that your Order is accurate before you submit it to us.
9.2. Where we reject or cancel your Order under these Terms and Conditions, and your payment for the Goods has already been processed, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Top Trek is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.
10. Returns
10.1. Unused Goods in original condition and packaging may be returned within 7 days of the date of your delivery being received upon presentation of the original Tax Invoice together with the credit card used for the purchase.
10.2. No postal exchange service is provided.
10.3. For Goods deemed to have a manufacturing fault you will be refunded or the Good replaced.
10.4. For return of faulty Goods via post please contact Top Trek Customer Service.
10.5. It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Top Trek is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
11. Promotions and Discounts
11.1 From time to time Top Trek will run temporary promotions and offer discounts on Goods sold through the Website. Such promotions will be subject to change or alter in pricing anytime by Top Trek unless you have already submitted an order and accepted by us.
11.2 All reference to times in promotions are based on the local time in Brisbane, Australia unless otherwise stated.
12. Termination
12.1. You may stop using the Website at any time for any reason.
12.2. We may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:
if you breach any one of these Terms and Conditions;
if we are required to do so by applicable law;
if you use the Website for any activities which breach any applicable laws, regulations, standards or codes, or infringe a third party's rights or privacy;
if you tamper with, hinder the operation of or make unauthorised modifications to the Website including the storage or transmission of any virus or disabling feature to the Website;
if you make any fraudulent, speculative or vexatious enquiries;
if you provide false information when using the Website;
if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.
12.3. Top Trek reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(a) for Top Trek’s convenience, at any time, upon provision of notice to you;
(b) immediately:
(i) if Top Trek reasonably believes that you have breached any of these Terms and Conditions, and that breach is not capable of immediate remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be remedied).
12.4. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the Website.
13. No Commercial Use
14.1 Our goods are for your personal, non-commercial use only.
14. General
14.1. Top Trek reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Top Trek with respect to that Order.
14.2. A failure or delay by Top Trek to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Top Trek does not preclude its future exercise or the exercise of any power or right by or on behalf of Top Trek.