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WorthyNote Pty Ltd (“WorthyNote”) will only supply goods to the Purchaser on the terms and conditions set out here, unless WorthyNote agrees, in writing, to vary these Terms and Conditions.
Purchaser means any party contracting for the supply of products from WorthyNote or using the Website for any purpose. The Purchaser’s placement of an order for any product with WorthyNote, is deemed to be an offer by the Purchaser to purchase goods pursuant to these conditions of sale. The placement of an order with WorthyNote includes but is not limited to through the website, on the phone, via email, via third parties working with Worthynote or in person.
WorthyNote’s acceptance of the Purchaser’s order through acceptance of payment, constitutes acceptance of the Purchaser’s offer to purchase the product from WorthyNote, and brings into existence a legally binding contract between the parties on these terms and conditions of sale. Any further new terms not part of these terms and conditions, do not form part of the contract between WorthyNote or the Purchaser, unless otherwise agreed by the parties in writing.
Whilst the Purchaser may be utilising or using the services or products provided by Worthynote Ltd, all financial transactions, billing, and account management are handled by Proto Innovation Pty Ltd, which operates as the managing company. This structure is a part of our effort to streamline operations and provide you with the best possible service. As such, the Purchaser might notice that communications, invoices, and transaction statements will be under the name Proto Innovation Pty Ltd. This in no way affects the quality or terms of the services provided by Worthynote Ltd.
Website means www.worthynote.com.au
1.1 Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.
1.2 As most of our goods have been received by us from our manufacturer only very recently, they may still have a “very new” smell. This will obviously go away with time.
1.3 As all our pieces are handmade, there may be slight variances in the measurements listed online.
1.4 Please understand that colours or shades of our pieces in the photos may vary to that of real life due to your computer monitor settings.
1.5 If for any reason you are unhappy with your purchase, please contact us immediately and we will try our best to resolve any issues in a timely manner.
2.1 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 Terms and 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.
2.2 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, libelous, 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.
3.1 You are allowed to utilise this website solely for your personal use, which should always be reasonable and non-abusive, or for purposes directly related to the legitimate purchase of our products and services.
3.2 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.
WorthyNote carefully checks all goods prior to dispatch. WorthyNote does not accept any responsibility for damage to the goods or loss of the goods arising from third party courier/delivery transit.
All references to $ and dollars on this Website are to Australian currency. Prices available in Australian dollars only. WorthyNote reserves the right to alter prices without notification.
6.1 Prices quoted on the Website do not include delivery charges within Australia. Delivery is for ground floor delivery only and does not include unboxing, assembly and packaging removal. The Purchaser must evaluate and measure the access way to the drop off location to ensure that there is clear and wide access way for the removalists to safely and carefully deliver the product. Our bookcases are very heavy and require 2 strong professional removalists on either end to carefully turn and manoeuvre the large and heavy boxes into the drop off location. If any delivered boxes can’t fit into the required drop-off location and have to be returned to us by the removalist, a secondary delivery fee is applicable for the return. WorthyNote will not accept responsibility for any part delivery or delay in delivery of the goods because of events occurring beyond the control of WorthyNote. WorthyNote will not be responsible for any consequences (direct or indirect) arising from such delay or non-delivery. We recommend that you place an order with us at least 2 or more months before you require your goods.
6.2 Legal title of the goods is transferred to the Purchaser once they are either: dispatched to the Purchaser from the warehouse or picked up from the warehouse by the Purchaser/Purchaser’s carrier.
6.3 For goods that cannot be safely left at the front door, the Purchaser will ensure someone is available at the specific premises to receive the goods within the specified time frame. If a delivery was arranged in advance and subsequently cannot be completed due to reasons within the Purchase’s control, the Purchaser will be charged for any subsequent delivery.
6.4 If goods are to be delivered to the Purchaser, they are delivered to your nominated address by an independent, third-party courier, transport company or removalist. All agents are neither part of, nor affiliated with WorthyNote and are only engaged to carry out the delivery job on your behalf. WorthyNote does not accept any claims or liability arising out of conduct by the courier, transport company or removalist.
6.5 Delivery is generally to your door only. The removalists will offer to move the items into your home if there is good access. If a removalist assists in bringing the goods into your premises, acceptance is at your own risk. WorthyNote will not accept any liability because of a removalist’s action on your premises.
6.6 Goods will be delivered to the Purchaser’s nominated address. Any changes to the Purchaser’s delivery address must be made in writing to WorthyNote and confirmed in writing by WorthyNote. These changes to the delivery address of the Purchaser will supersede the details in the original website checkout page or e-mail correspondence. The Purchaser agrees that WorthyNote is not responsible for any losses caused by the
6.7 Purchaser’s failure to collect or take delivery of goods sent to the Purchaser’s nominated delivery address. Quoted times for delivery of products are not guaranteed and is taken to be estimation only. Time is not taken to be an essential clause of the contract unless specified in writing by both parties. WorthyNote is not obliged to offer any additional compensation to the Purchaser for non-delivery or late-delivery of the product ordered.
Actual colours of the goods may vary from what is displayed on your monitor. Our distressed/whitewash finished goods can appear lighter coloured in photos than in real life. If your distressed/whitewash finished goods are not as distressed as what you would like, we can post to you “whitewash wood putty” so you can simply rub this on to your goods to achieve your desired level of distress/whitewash finish.
Due to popularity or interruption of supply, some goods may be unavailable or out of stock. Please e-mail us to be sure the goods you are interested in are in stock.
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by WorthyNote in relation to any goods is given in good faith and is believed by WorthyNote to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by WorthyNote in relation to any products supplied by WorthyNote is approximate only.
10.1 Safety for our customers is our primary concern. It is the Purchaser’s responsibility to:
(a) seek assistance in lifting heavy goods so as not to cause accident / personal injury to any one;
(b) assemble the goods in the correct manner;
(c) ensure the goods are sturdy, safe and appropriate for the Purchaser’s intended use prior to actual use; and
(d) ensure the goods are used in a proper and appropriate manner and never overloaded to prevent any accident / personal injury occurring.
10.2 WorthyNote strongly recommends that all large, heavy and / or fragile goods, such as bookcases and glass top coffee tables:
(a) are kept away from small children; and
(b) are fixed/anchored to a sturdy wall after assembly to prevent the bookcase from falling over.
10.3 WorthyNote will not be responsible for any accident or personal injury arising in connection with the goods, including any direct or indirect or consequential loss or damages.
11.1 WorthyNote’s total liability to the Purchaser is limited to a full replacement or refund (at our discretion) of the Purchaser’s order of the goods only. Courier and / or delivery costs are non-refundable. We are not responsible for any special, direct, indirect or consequential loss or damages. WorthyNote expressly does not accept liability for any goods that are altered in any way.
11.2 Worthynote, or any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Worthynote's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
12.1 While Worthynote endeavours to ensure that the information on the Website is correct, Worhynote does not warrant the accuracy and completeness of the material on the Website. Worthynote may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Worthynote makes no commitment to update such material.
12.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Worthynote provides, you with the Website on the basis that Worthynote excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website).
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of the Purchaser’s connection to, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Worthynote. Worthynote does not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. If any third-party site obtains or collects Personal Information or other information from the Purchaser, in no event shall we assume or have any responsibility or liability.
The Purchaser agrees to indemnify and hold Worthynote harmless from and against any and all claims, actions, demands, damages, liabilities, costs or expenses (whether in tort or contract, including without limitation negligence) arising out of or in connection with the Purchaser’s use or inability to use the Website (including without limitation those third parties you authorize to use the Website and/or access the Services using your account). Worthynote reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Purchaser, in which event the Purchaser will assist and cooperate with Worthynote in asserting any available defences.
These Terms and Conditions are subject to change without notice. These Terms and Conditions and any contract made between WorthyNote and the Purchaser hereunder shall be governed by and constructed in accordance with the laws of the State of New South Wales in Australia. Any claim or dispute arising out the performance of the Website or any breach thereof shall be governed by the commercial rules of the competent courts of New South Wales.
15.1 Every endeavour is made to ensure that this Website is secure. However, users must be aware that the World Wide Web is an insecure public network and that third party interference can occur.
15.2 Users are encouraged to take appropriate precautions to ensure that whatever is selected from this Website is free of contamination that may interfere with or damage the user’s computer hardware or software. WorthyNote does not accept any liability for any these occurrences.
