Chicicat.com User Policies
Please familiarise yourself with the policies governing this site and service
Terms + Conditions
1.1. This website is operated by CHICiCAT. These Terms + Conditions govern your use of this website. By using this website including without limitation placing an order with CHICiCAT, you accept and agree to be bound by these Terms + Conditions and you agree that these Terms + Conditions form the entire agreement between you and CHICiCAT. Your acceptance of these Terms + Conditions signifies that you have read, understand, acknowledge and agree to be bound by all of our Terms + Conditions. If you disagree with any of these Terms + Conditions, you may not and you must not use this website.
1.2. You must be at least 18 years of age to use this website. By using this website and by agreeing to these Terms + Conditions you warrant and represent that you are at least 18 years of age.
2. Licence to use Website
2.1. Unless otherwise stated, CHICiCAT and/or its licensors and associated third parties own the intellectual property rights in the website and all the material on this website. Subject to the licence below, all these intellectual property rights are reserved.
2.2. CHICiCAT retains all or any rights in all or any trademark, service mark, trade name, or other identifying trade symbols that bears the word “CHICiCAT”. You agree not to use the CHICiCAT name, brand or logo in any way without CHICiCAT’s express prior written approval.
2.3. You may use this website only if you fully comply with these Terms + Conditions and all of our User Policies. You may view, download for caching purposes only, and print pages from this website only for your own personal use, subject to the restrictions set out below and elsewhere in these Terms + Conditions and our other User Policies.
2.4. You may use this website only if your use is lawful and with authorisation and only if your use of this website does not in any way infringe upon the rights of CHICiCAT or any third parties.
3. Prohibited Uses
3.1. You are prohibited from:
3.1.1. copying or decompiling (except where such decompilation is permitted by Copyright, Designs, and Patent legislation), enhancing, adapting, or modifying anything on this website;
3.1.2. republishing material from this website (including republication on another website);
3.1.3. selling, renting or sub-licensing material from this website;
3.1.4. showing any material from this website in public;
3.1.5. reproducing, duplicating, copying or otherwise exploiting material on this website for any commercial purpose whatsoever;
3.1.6. editing or otherwise modifying any material on this website;
3.1.7. redistributing material from this website except for content specifically and expressly made available for redistribution; and/or
3.1.8. using this website to transmit, receive, view or use information which may be associated with spam or morally objectionable activities. (Morally objectionable activities include without limitation activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of Australia and/or foreign territories in which you conduct business; activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way).
3.2. Where content is specifically made available for redistribution, it may only be redistributed for your personal use with our express prior written consent.
3.3. You are prohibited from using this website in any way that causes, or may cause, damage to this website and/or its licensors and associated third parties, or impairment of the availability or accessibility of this website and/or its licensors and associated third parties; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.4. You are prohibited from using this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other malicious computer software.
3.5. You are prohibited from conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express prior written consent of CHICiCAT and its licensors and associated third parties.
3.6. You are prohibited from using this website to transmit or send unsolicited commercial communications.
3.7. You are prohibited from using this website for any purposes whatsoever related to marketing without the express prior written consent of CHICiCAT and its licensors and associated third parties.
4.1. You acknowledge that when you place an order with CHICiCAT either on the website or otherwise, you are commissioning CHICiCAT to act on your behalf as your agent to facilitate, organise, coordinate and/or oversee the production, manufacture and delivery of your selected item(s).
4.2. Every effort will be made to facilitate or obtain your exact product selection, however in the event that your selected product(s), materials, colours and/or specifications are not available you authorise and consent to CHICiCAT exercising its sole and absolute discretion to facilitate or obtain for you on your behalf a product that as closely as possible matches or approximates your selection. You accept that there could be variations in the final product obtained on your behalf.
4.3. You also acknowledge that CHICiCAT is acting as your agent on the importation of your selected made-to-order item(s) into Australia and to deliver your selected made-to-order item(s) to the delivery address stipulated by you on your order.
5.1. Payment must be made in full at the time you confirm the placement of your order with CHICiCAT. You agree to pay CHICiCAT in full at the time you place an order. Your payment is non-refundable except as may be otherwise stated in our Returns Policy.
5.2. All dollar amounts referred to in this website are in Australian dollars and all payments to CHICiCAT must be made in Australian dollars.
5.3. Payment must be made by you by either an accepted valid credit card, or PayPal or as specified on the payment page of this website (collectively, the “Payment Method”). If for any reason CHICiCAT is unable to charge your Payment Method for the full amount owed to CHICiCAT for your selected item(s), or if CHICiCAT is charged a penalty for any fee it charged to your Payment Method, you agree that CHICiCAT may pursue all available remedies in order to obtain payment.
5.4. CHICiCAT reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services or necessary to continue providing a high quality level of service. These may include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services.
6. No Cancellation
6.1. A refund will be available only if the conditions of our Returns Policy are strictly complied with.
6.2. You acknowledge that items you select are being made-to-order for you. You must therefore exercise care in making your selection of the item(s) and in making your selection of customisation. Your order cannot be cancelled after you press the ‘Place Order Now’ button.
6.3. You acknowledge that CHICiCAT will incur a liability on your behalf once an order is placed. CHICiCAT relies on your order being correct. The placement of your order constitutes your irrevocable authority and consent to CHICiCAT to proceed with your order.
6.4. No refund or cancellation will be permitted for all or any item(s) ordered in bulk or intended for public, commercial or other non-domestic use. A bulk order by you is an order for 8 or more items placed at the same time in the one order or a series of orders.
6.5. You accept that delay in delivery or any extension for any reason whatsoever of the lead time indicated for a ordered product does not constitute a valid reason for cancellation of the order or part of.
6.6. Where a request is made for cancellation of an order or part of an order, you accept that CHICiCAT is under no obligation to permit a cancellation and that CHICiCAT may exercise its absolute discretion on a case by case basis as to whether or not to permit a cancellation. In the event that CHICiCAT does permit a cancellation then you accept that CHICiCAT may in its sole and absolute discretion determine the amount of the refund (which may be less than 100% of the price of the item in question), In reaching its determination, CHICiCAT may take into consideration various factors including without limitation associated or incidental liability, costs & expenses incurred or which may potentially be incurred arising out of or from cancellation.
CHICiCAT reserves the right to add your order to a group order for more economy on shipping expenses as this in turn benefits you by enabling us to keep the prices of the products displayed on our website lower than our competitors. CHICiCAT also reserves the right to determine the manner of shipment and delivery in its sole and absolute discretion.
8. Lead Time
8.1. Any lead time indicated by CHICiCAT anywhere on this website (such as on a product page) or otherwise (such as on your order confirmation or in an email) is based on information provided to us by third parties (including without limitation manufacturers, import and export agents, and cargo transportation providers) and has been indicated by CHICiCAT in good faith to the best of our knowledge.
8.2. You accept that lead time may vary for any one or a combination of reason(s) beyond CHICiCAT’s control including without limitation production volumes and delays, the availability of materials used in or required for the manufacturing process, customary/local and/or public holidays in Australia or in the country of manufacture of your selected item(s), import and export requirements of Customs and/or other authorities or agencies, the exercise of discretion by Customs authorities, cargo and port authorities/providers, third party logistics providers, delivery providers, an act of God, an act of terrorism, or force majeure. You acknowledge that any lead time indicated by CHICiCAT is not a guaranteed turnaround time but rather is only an average approximation or guide based on averages since the lead time for a product can become extended due to any one or more or a combination of factors arising at any time during the made-to-order process and CHICiCAT cannot be held responsible for any such delay. A lead time indicated anywhere on the website or otherwise is not binding on CHICiCAT.
8.3. In the event of an unexpected lead time delay CHICiCAT may in its sole and absolute discretion take any action it considers appropriate in the circumstances or CHICiCAT may refrain from taking any action whatsoever.
8.4. You agree that CHICiCAT is not in default or otherwise liable for any delay in or failure of its performance if such delay or failure arises for any reason whatsoever and whether or not beyond its control including without limitation any act of God, any acts of the common enemy, terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by CHICiCAT or its employees/staff, agents or contractors. Subject to commercial considerations and in its sole and absolute discretion CHICiCAT will endeavour to inform you of the reason for a delay in the delivery of your selected item(s) or in the lead time.
8.5 Where an order comprises 2 or more items or products with different lead times such that certain items are received by CHICiCAT at different times or in different shipments, you accept that CHICiCAT may in its sole & absolute discretion decide whether to arrange for delivery of the part of the order which has arrived prior to delivery of the remaining part or parts of the order, or to arrange for a single delivery of the entire order after all of the items in that order have been received by CHICiCAT.
8.6 Where a customer insists on receipt of an incomplete order (as contemplated in clause 8.5) then the customer acknowledges and agrees that he/she/it will pay for any additional delivery costs that may become applicable to enable CHICiCAT to facilitate multiple deliveries due to the arrival & receipt of goods by CHICiCAT at different times.
8.7 Lead time starts from the date an order is placed with us and is fully paid for (whichever is the later where the placement of an order and full payment occur on different dates) and includes but is not limited to every stage of the made-to-order process from manufacturing, assembly, quality control, all third party logistics, freight from the manufacturer to the overseas shipping port in readiness for packing & shipping to Australia, freight from the Australian shipping port to us for unloading & sorting in Sydney and freight from us in Sydney either to you direct or from us to you via an intermediary freighter (applicable mainly though not exclusively to interstate or intrastate delivery locations outside of the Sydney metropolitan area), You acknowledge that the lead time for all orders with a delivery location outside the metropolitan Sydney area will automatically be extended by at least one week or more as may be applicable to allow for the freight to reach the relevant delivery location. As an example, if a delivery address is in regional Tasmania it is likely to take much longer than if a delivery address is in the metropolitan area of an Australian capital city other than Sydney.
8.8 Items ordered on a 'Click + Collect' basis must be collected on a weekday from our Sydney warehouse(s) promptly upon notification by CHICiCAT. Storage fees on a "per standard pallet per week" basis will be incurred by you if you collect your furniture after the grace period specified in our notification. Any such storage fee incurred by you must be paid on or before collection.
9. Applicable Warranty
9.1. During the applicable warranty period for an item, depending on the circumstances which may vary on a case by case basis, in the event of a warranty becoming invoked we may in our sole and absolute discretion elect either to replace, repair, or (provided our prior written approval has been obtained) reimburse you as we see fit.
9.2. Notwithstanding any warranty period that may otherwise be specified on our website, unless otherwise agreed specifically in writing in communication between you and us, a maximum overriding warranty period of 6 months applies to all or any item(s) ordered in bulk or intended for commercial use. A bulk order by you is an order for 8 or more items placed at the same time in the one order or a series of orders.
10. User Content
10.1. In these Terms + Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
10.2. You grant to CHICiCAT a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CHICiCAT the right to sub-license these rights, and the right to bring an action for infringement of these rights.
10.3. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CHICiCAT or a third party (in each case under any applicable law).
10.4. You must not submit any user content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. CHICiCAT reserves the right to edit or remove any material submitted to this website, or stored on any server(s) utilised by CHICiCAT, or hosted or published upon this website.
10.5. Notwithstanding CHICiCAT’s rights under these Terms + Conditions in relation to user content, CHICiCAT does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
11. Restricted Access
11.1. Access to certain parts or areas of this website is restricted. CHICiCAT reserves the right to restrict access to such part(s) or area(s) of this website, or indeed this entire website, at CHICiCAT’s sole and absolute discretion.
11.2. If CHICiCAT provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
11.3. CHICiCAT may at any time without notice nor explanation disable your user ID and password at CHICiCAT’s sole and absolute discretion.
12. No Warranties
12.1. This website is provided “as is” without any representations or warranties, express or implied. CHICiCAT makes no representations or warranties in relation to this website nor to the information and materials displayed on this website.
12.2. Without prejudice to the generality of the foregoing clause 12.1, CHICiCAT does not warrant that:
12.2.1. this website will be constantly available, or available at all; or
12.2.2. the information on this website is complete, true, accurate or non-misleading.
12.3. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you must consult an appropriate professional.
13. Limitation of Liability
13.1. CHICiCAT and/or its licensors and associated third parties will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
13.1.1. to the extent that this website is provided free-of-charge, for any direct loss;
13.1.2. for any indirect, special or consequential loss; or
13.1.3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
13.2. These limitations of liability apply even if CHICiCAT ought to have been aware or has been made aware or notified expressly or otherwise of the potential loss.
14.1. CHICiCAT gives no warranties as to the suitability of any item shown on this website for any purpose, and except as follows, excludes all warranties other than those specified in these Terms + Conditions.
14.2. To the extent that you acquire goods or services through CHICiCAT as a consumer (as defined under Australian Consumer Law) you may have certain rights and remedies (including without limitation consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
14.3. Nothing in this clause 14 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
14.3.1. contravene that statute, or
14.3.2. cause any term of this agreement to be void.
14.4. In relation to a non-excludable obligation (other than a guarantee as to title, encumbrances or quiet possession conferred by Australian Consumer Law) except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which CHICiCAT's liability is not so limited under this agreement), CHICiCAT's liability to you for failure to comply with a non-excludable obligation is limited to:
14.4.1. in the case of services, at CHICiCAT’s sole and absolute discretion, CHICiCAT supplying the service again; and
14.4.2. in the case of goods, at CHICiCAT’s sole and absolute discretion, CHICiCAT arranging for the goods to be replaced, to be supplied with goods of equivalent value or to be repaired.
14.5. Nothing in these Terms + Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these Terms + Conditions will exclude or limit CHICiCAT’s liability in respect of any:
14.5.1. death or personal injury caused by CHICiCAT’s negligence;
14.5.2. fraud or fraudulent misrepresentation on the part of CHICiCAT; or
14.5.3. matter which it would be illegal or unlawful for CHICiCAT.COM to exclude or limit, or to attempt or purport to exclude or limit, its liability.
15.1. So far as we are aware, CHICiCAT and/or its officers, employees and other staff including without limitation third party consultants, have to the best of their knowledge attempted to make no material representations of fact and have attempted to exercise reasonable care and skill with this website and its content.
15.2. By using this website, you agree that the exclusions and limitations of liability and other terms & conditions set out in these Terms + Conditions are reasonable. If you consider them to be unreasonable, then you are prohibited from using this website.
15.3. If you do proceed to use this website and/or proceed to place an order, then any such use or order placement constitutes an acknowledgement and acceptance by you that these Terms + Conditions are reasonable and that you accept them and familiarised yourself with their provisions.
16. Other Parties
16.1. You accept that, as a limited liability entity, CHICiCAT has an interest in limiting the personal liability of its officers, employees or other staff including without limitation third party consultants. You agree that you will not bring any claim personally against CHICiCAT’s officers, employees or other staff including without limitation third party consultants in respect of any losses you may suffer in connection with or arising from the website.
16.2. You agree that the limitations of warranties and liability set out in these Terms + Conditions will protect CHICiCAT’s officers, employees, or other staff including without limitation third party consultants, agents, subsidiaries, successors, assigns and sub-contractors as well as CHICiCAT.
17.1. You hereby indemnify and hold harmless CHICiCAT, its officers/directors, shareholders, employees, or other staff including without limitation third party consultants, affiliates, agents, subsidiaries, successors, assigns, contractors and sub-contractors and you undertake to keep CHICiCAT, its officers/directors, shareholders, employees, or other staff including without limitation third party consultants, affiliates, agents, subsidiaries, successors, assigns, contractors and sub-contractors indemnified from and against any losses, claims, damages, costs, liabilities, costs and expenses (including without limitation legal expenses, court costs, experts fees and any amounts paid by CHICiCAT to a third party in settlement of a claim or dispute on the advice of CHICiCAT’s legal advisers) incurred or suffered by CHICiCAT relating to or arising out of your use of this website or any breach by you of any provision of these Terms + Conditions, or arising out of any claim that you have breached any provision of these Terms + Conditions.
17.2. You acknowledge that your indemnity survives any termination of our Terms + Conditions.
18.1. It is a material breach of these Terms + Conditions if you fail to make full payment at the time you place your order, or if you compromise the security or integrity of this website or if you misrepresent, improperly use or publish grievances or in any way damage the goodwill or reputation of the CHICiCAT name/brand.
18.2. Without prejudice to any other right of CHICiCAT under our Terms + Conditions, if you breach any one or more of our Terms + Conditions in any way (whether material or otherwise), CHICiCAT may in its sole and absolute discretion take such action as CHICiCAT deems appropriate to deal with the breach, including without limitation suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing legal proceedings against you.
18.3. You agree that if there is any breach of our Terms + Conditions, you will be solely responsible for any loss and/or damages relating to or arising from the breach which you may incur or suffer.
You agree that CHICiCAT may revise or update the Terms + Conditions at any time and from time to time in its sole and absolute discretion. All or any revised or updated Terms + Conditions will be binding and effective and apply to the use of this website immediately upon the revised or updated Terms + Conditions being published on this website. By continuing to use this website after there has been a revision or update of the Terms + Conditions, you agree to be bound by any such revision or update. We suggest you check these Terms + Conditions regularly to familiarise yourself with the latest version.
20.1. These Terms + Conditions are binding upon and enure to the benefit of CHICiCAT and you.
20.2. Notwithstanding clause 20.1:
20.2.1. CHICiCAT may sub-contract, assign or otherwise transfer its rights and/or obligations under these Terms + Conditions without notifying you and without obtaining your consent;
20.2.2. you on the other hand acknowledge and agree that you may not sub-contract, assign or otherwise transfer your rights and/or obligations under these Terms + Conditions to anyone including without limitation to any parent company, subsidiaries, affiliated entities or third parties or in connection with any sale, merger, consolidation or reorganisation without the express prior written consent of CHICiCAT.
21. Entire Agreement
These Terms + Conditions constitute the entire agreement between you and CHICiCAT in relation to your use of this website and all communication with CHICiCAT, and supersede all previous agreements in respect of your use of this website. In the event of any inconsistency between these Terms + Conditions and any communication between you and CHICiCAT, these Terms + Conditions prevail.
If a provision of our Terms + Conditions is held by an Australian or New South Wales court of competent jurisdiction to be unlawful, invalid, unenforceable or in conflict with any Australian federal law or any New South Wales state law then any such provision will to the necessary extent be severed from our Terms + Conditions, as applicable, and the remaining provisions will not be affected and will continue to have effect to the fullest extent permitted by Australian or New South Wales law. If any unlawful, invalid, unenforceable or conflicting provision would be lawful or enforceable if part of it were deleted, then the offending part will be deemed to be deleted, and the rest of the provision will continue in full force and effect.
23. Law and Jurisdiction
23.1. These Terms + Conditions are governed by and construed in accordance with the laws of the State of New South Wales in Australia and you agree that in the event of any dispute the courts of New South Wales have exclusive jurisdiction.
23.2. These Terms + Conditions are deemed to be accepted by you in the State of New South Wales in Australia regardless of contract or other choice of law provisions. The laws of New South Wales will apply to determine the validity, construction, interpretation and legal effect of these Terms + Conditions. You agree that any action relating to or arising out of these Terms + Conditions and/or your use of this website must be brought in the courts of New South Wales. Any applicable national, state, local and foreign laws, rules, regulations, ordinances, decrees and order including without limitation to restrictions on exportation or importation of any items displayed on this website apply to these Terms + Conditions. You agree to waive any right you may have to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms + Conditions and/or the use of this website.
The waiver or failure by CHICiCAT to exercise in any respect any one or more of its rights under these Terms + Conditions is not deemed a waiver of any of our other right(s) under these Terms + Conditions.
26. Definitions and Interpretation
26.1. Headings where used in these Terms + Conditions and in any of CHICiCAT’s other User Policies including without limitation our Returns Policy are for convenience and ease of reference only and may not be utilised in any way to construe or affect or limit the interpretation of any provision of these Terms + Conditions nor in any provision in any of our other User Policies.
26.2. Reference to the singular includes the plural and vice versa.
26.3. The following terms where used in these Terms + Conditions and in any of CHICiCAT’s other User Policies including without limitation our Returns Policy are defined as follows:
“CHICiCAT” refers to CHICiCAT Pty Ltd and its related entities, CHICiCAT.COM, CHICiCAT.COM.AU and any name relating to, associated or connected with the CHICiCAT brand including without limitation any social media which bears the CHICiCAT name.
“AUD”, “AUD$” or “$” means all dollar amounts mentioned in this website are in the legal currency of Australia and/or refer to Australian dollars.
“pay” or “payment” refers to payment by you for the item(s) you have selected plus delivery cost and insurance (if the insurance option has also been selected) however in the event of a return of an item pursuant to our Returns Policy, all refunds will exclude delivery cost and insurance.
“Returns Policy” means the conditions and procedures published on this website (as may be amended, modified, added to, revised or updated from time to time) and referred to as our Returns Policy, governing your obligations in the event that you wish to return an item.
“Terms + Conditions” refers to and includes without limitation these Terms + Conditions as well as all of CHICiCAT’s other User Policies including but is not limited to our Returns Policy and any other policies and conditions which we may from time to time publish on our website.
“User Policy” or “User Policies” refers to all or any policies and conditions which we may from time to time in our sole and absolute discretion publish on our website including without limitation all or any amendment, modification, addition, revision, update.
“we”, “us” or “our” refers to CHICiCAT and its related entities.
“website” refers to all or any website(s) operated by CHICiCAT.
“you” or “your” refers to any user (whether an individual or a corporate entity) who places an order and/or uses this website in any way whatsoever.
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