T’s & C’s
TERMS AND CONDITIONS FOR THE SALE OF HIRE LINEN & LAUNDERING SERVICES .
Please read these Terms and Conditions carefully before placing your Order with Daylesford Linen as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Office and we will be happy to assist you. The Daylesford Linen Office operates on Monday to Friday (excluding public holidays in Melbourne, Australia) from 8.00am until 4.30pm (Australian Eastern Standard/Daylight Savings Time).
The contact phone numbers for our team are:
Callers from Victoria: 1300 459 808
Callers located elsewhere: +61 429662477.
Or you can also contact us via email on info@daylesfordlinen.com.au
1. DEFINITIONS
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the emailed or TXT order.
Delivery Agent means any nominated third party delivery or shipping company for Daylesford Linen.
Delivery Fee means the fees charged by the Delivery Agent of Daylesford Linen for the delivery of Goods.
Goods means the items offered for sale (linen hire & linen laundering), described or displayed on the Website.
GST: in relation to orders for delivery in Australia, has the meaning provided by A New Tax System (Goods and Services Tax).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods or Service from Daylesford Linen in accordance with these Terms and Conditions.
Price means the purchase price of each Good or Service as specified in the invoice in Australian dollars.
Price Estimate means the estimate of the Price, exclusive of any Taxes, provided via email where a currency other than Australian Dollars is selected.
Returns Policy means the Daylesford Linen Returns Policy and Refunds.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.daylesfordlinen.com.au
We or Us or Our or Daylesford Linen or Daylesford Linen Online means One Solution Group Pty Ltd
You or Your means you as the purchaser of Goods from Daylesford Linen via email or TXT pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and Daylesford Linen with respect to the supply of Goods or Service, in accordance with these Terms and Conditions
3. PLACING ORDERS FOR GOODS OR SERVICE
3.1. You may place an Order via email or TXT.
3.2. An Order submitted by you is an offer by you to purchase Goods or Service for the Price as specified at the time you reviewed a quotation from Daylesford Linen. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders placed are with respect to Goods intended for domestic use and light-commercial use (short stay accommodation, motel, beauty spa’s and hospitality events) and quantity restrictions may apply as set out by Daylesford Linen from time to time.
3.4. In completing the Order, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Daylesford Linen will not be liable to you for your loss or those 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. Without limitation, if you provide inaccurate shipping details in an Order, Daylesford Linen is under no obligation to resend your Order.
3.5. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. 3.6. 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. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of AU$5,000 (ex GST).
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Daylesford Linen reserves the right to accept or reject your Order for any reason at any time. Without limitation.
4.2 When we accept an Order, it represents an agreement by Daylesford Linen to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within three (3) Business Days after the placement of the Order. Daylesford Linen will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Daylesford Linen is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 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.
5. AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Daylesford Linen will contact you within three (3) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Daylesford Linen is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale(short term hire) either temporarily or permanently at any time without notice to you. Daylesford Linen will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. 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 may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Daylesford Linen will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
All pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
You have read any corresponding written description of the Goods prior to submitting your Order;
The colour of Goods as shown on the Website may vary slightly in shade in real life;
Where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
Any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified in the original quotation.
6.2 Prices are displayed in Australian Dollars, all Prices will be stated in Australian Dollars and are exclusive of all Tax which may be payable in relation to your order. You are liable to pay all such Tax, including GST.
6.3 Daylesford Linen reserves the right to change or alter Prices of Goods without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
a) the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
b) the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the invoice, which includes but are not limited to credit card or EFT. When paying by credit card, you authorise Daylesford Linen 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 Daylesford Linen before Goods which are the subject of an Order are dispatched. 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 via email. 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 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 an invoice by email once payment in respect of your Order has been processed.
6.9 Daylesford Linen uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7. DELIVERY
7.1 Daylesford Linen uses their Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the original quotation for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out at the time of origin quotation and are subject to change. 7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
a) Daylesford Linen cannot guarantee that delivery will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, Daylesford Linen 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.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the original quotation. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you (our Daylesford location). It is your responsibility to follow the instructions stated on the calling card.
7.7 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our office as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our office, to request a replacement delivery. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
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 should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. The Daylesford Linen is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit 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. Daylesford Linen 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.
9.5 No exchange or refund on any product that has been used, unless the product is faulty. We will accept returns for faulty products.
9.6 You are entitled to a replacement or refund for a major failure.
9.7 You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.
10. PRIVACY
Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Daylesford Linen’s Privacy Policy.
11. WARRANTIES YOU MAKE TO Daylesford Linen
You represent and warrant to Daylesford Linen that:
all information (including Personal Information) and data provided by you to us through email, txt or by phone is true, accurate, complete and up to date to Daylesford Linen
any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
in placing your Order, you have read and agree to these Terms and Conditions; and
in placing your Order, you have complied with all applicable Laws.
12. DAYLESFORD LINEN LIABILITY TO YOU
12.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken with Daylesford Linen.
12.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Daylesford Linen excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ).
12.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
13. TERMINATION
13.1 Daylesford Linen reserves the right to, at its discretion, terminate your access to and use of the product(hire linen or Service):
due to non payment of account, abusive unacceptable behaviour towards Daylesford Linen staff, or constant miss/abusive use of the product at any time, upon provision of notice to you; immediately:
if Daylesford Linen reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
14. GENERAL
14.1 Daylesford Linen 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 Daylesford Linen with respect to that Order.
14.2 Daylesford Linen may give notice to you by email to cease service that will be in effect 7 days from date of email. Should you wish to cancel service no charges will be incurred should cancellations be received 1 week prior to delivery via email to our office at info@daylesfordlinen.com.au. Cancellation of orders within 7 days is chargeable at 50%. Within 48 hours it is fully chargeable.
14.3 There will be NO refund for unused linen ordered and delivered unless faulty.
14.4 On termination of service Daylesford Linen will NOT collect the remaining linen without prior payment of all outstanding invoices including the collection fee.
14.5 You agree that the costs of the linen hire cover a hire period of up to fourteen (14) days only. Any additional days or weeks are to be agreed with Daylesford Linen or additional costs will apply as a full rental charge. 14.6 You agree that as the hirer, you are responsible for the hired items during the hired period and will pay for any loss or damage caused to these items by the hirer or a third party.
14.7 Goods must not be returned in plastic bags if they are wet. Damage resulting from mildew or other stains that do not respond to standard laundering will be charged at full replacement cost.
14.8 Shortages and damages to hired goods will be charged at their full replacement value (details of which are available on request). No substitute item will be accepted by the Daylesford Linen. Damaged goods include those that have sustained burns, scorches, tears, concrete, ink, mould, mildew and earth stains.
14.9 Damp Linen: The customer will undertake to dry any damp linen prior to packing it for return. Failure to do this may result in mildew forming on the damp linen. Should this occur, the customer will be charged for the extra laundering treatments required to return the goods to their original condition. The customer will be charged the full replacement cost of the goods if the mildew cannot be removed.