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Terms and Conditions

OVERVIEW

Welcome to Think Lounges.

Please take the time to review our Terms and Conditions before you order a lounge. Your request to purchase from us constitutes your agreement to follow the below Terms and Conditions and to be bound by them.

Think Lounges ("Think Lounges", "we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.

Before you place an order, if you have any questions relating to these terms and conditions please contact our  team by e-mail or call on 1300 916 304 for further assistance.

 

TERMS OF SERVICE

 

SECTION 1 - ONLINE STORE TERMS

1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.3 You must not transmit any worms or viruses or any code of a destructive nature.

1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

2.1 We reserve the right to refuse service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

4.1 Prices for our products are subject to change without notice.

4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

8.1 Certain content, products and services available via our Service may include materials from third-parties.

8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

10.1 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

13.5 In no case shall Think Lounges, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

14.1 You agree to indemnify, defend and hold harmless Think Lounges and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

16.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

18.2 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 109 Foveaux Steet, Surry Hills NSW 2010.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

19.2 You can review the most current version of the Terms of Service at any time at this page.

19.3 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

20.1 Questions about the Terms of Service should be sent to us at suport@thinklounges.com.au or by phoning us direct on 1300 916 304.

TERMS OF SALE

SECTION 1 - PLACING AN ORDER

 

  • You may place an order on the website or contact our number if you need assistance ordering.

 

  • After your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Think Lounges before you try to place another order for the same product. 

 

  • You will receive a courtesy call when Think Lounges receive your order and confirming that your order has been accepted.

 

  • We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.

 

  • It is recommended that you retain all e-mails relating to your order. 

 

  • If you have any questions or concerns regarding Think Lounges order acceptance policy, or if you consider that your order was rejected in error, please contact Think Lounges.

 

SECTION 2 - PRICING

 

  • The prices advertised on this site are for Think Lounges orders only. All prices are listed in Australian dollars. The price includes GST but exclude delivery charges (if applicable).

 

  • Delivery charges are only applicable to those location that is not within our FREE delivery area. You may use our postcode calculator provided on each product page to check if your location is within our FREE delivery area.

 

  • Prices of items are subject to change without notice.

 

  • Errors will be corrected when discovered. Even with our best efforts, some of the products listed on the Think Lounges website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent an Order Receipt or a Shipping Confirmation email to the email address you used to place your order.

 

SECTION 3 - PAYMENT

 

  • Think Lounges only accepts Mastercard, Visa, American Express, Paypal, credit and debit cards for online orders. We also accept  Zipmoney as a payment method. 

 

  • We do not accept Cash On Delivery (COD), cheques or bank deposits. 

 

  • All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.

 

  • If you have authorised us to obtain a second or another payment of your order on your chosen card, we will use the same secure connection to request these payment to be transferred to the bank for authorization. Your CV2 number is not retained by our Secure Payment Provider (SSP).

 

SECTION 4 - CANCELLATIONS

 

  • In order to keep our prices low, we ask that our customers comply with our cancellation policy. All cancellations must be confirmed with Think Lounges via email or telephone within 48 hours after placing your order.

 

  • Orders that have already been dispatched are subject to a 20% cancellation fee. You are responsible for confirming all furniture dimensions with measurements in your home. Any customer service issues should be resolved by speaking directly to Think Lounges via email.

 

  • We ask that you please respect our cancellation policy as there are many customers waiting for their delivery each day. By canceling on time, you allow others to get their items on time. As a growing business, there is a lot of work involved from the time you place your order until the time you receive your order. Last minute cancellations waste time and cost money. We prefer to pass on the savings to you and other customers.

 

SECTION 5 - DELIVERY & PICK UP 

 

  • Think Lounges offers both pick-up and delivery.

 

  • If you wish to pick-up your order from our warehouse or depot, please contact us to give you further details.

 

  •  Think Lounges will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. For any changes, contact us immediately to notify our delivery team.

 

  • If you change the address that you gave at the time you place your order to an address that is out of our FREE delivery area, you are obliged to pay the quoted delivery fee.

 

  • Delivery is to your ground floor, front door or garage. In most cases our drivers will need assistance getting the sofa off the truck so please have someone home to assist. 

 

  •  Our delivery staff may assist in moving the boxes in to your lounge area, and will advise if this is possible at time of delivery. Please note the boxes are large and heavy. No liability will be accepted for any damage to floors, ceilings, walls, other furniture, fittings or fixtures as a result of your request to move the boxes inside your property, but all care will be taken.

 

  • Think Lounges strive to deliver your order as swiftly as possible, usually within 7 business days after it becomes available or dispatched. If, however, you live somewhere outside our normal delivery route, we cannot guarantee that we will always deliver within the time quoted. We would appreciate you accepting delivery on the same basis.

 

  • We are currently offering FREE delivery to customers who are near our warehouse in Melbourne and Brisbane but this will cease once we close these warehouses.

 

SECTION 6 - FAILURE TO ACCEPT DELIVERY 

 

  • Once you order an item you agree to accept delivery according to our delivery time frame. Please note that we try our best to deliver your item as soon as possible however issues do arise which could extend our delivery times. If the delivery is delayed by us outside of our delivery window you can cancel your order as long as the sofa has not already left our warehouse and or is in transit.

 

  •  If you wish to cancel your order once an item is in transit please refer to our cancellation policy for further information.

 

  •  If delivery is delayed by Think Lounges for any reason we will do our best to contact you and inform you of the situation.

 

  •  If no person (you or a member of your household) is at the delivery address you agree to reimburse us the costs of transporting the lounge to and from our warehouse.

 

SECTION 7 -ASSEMBLY

 

  • Think Lounges products are compact flat-packed to reduce freight and storage costs - helping to keep prices low. Some simple assembly of your new sofa is needed. This involves fixing the seat backs into position, screwing on the legs and arranging the cushions. Ottomans just need the legs attached.

 

  •  All our products come with assembly instructions and tools you need in the box. We are always available to provide assistance over the phone if you need help.

 

  • We also have assembly video in every product page to see how easy it is to assemble the sofa yourself.

TERMS OF RETURNS, REFUNDS and WARRANTIES

 

SECTION 1 - WARRANTY

 

  • Think Lounges provides a 12 month limited warranty for all of our products from the payment date to the original buyer. The warranty applies only under normal domestic usage and all manufacturing defects such as workmanship or materials.

 

  • Think Lounges will repair or replace defective parts at our discretion, as deemed appropriate by Think Lounges.

 

  • If a defect is found, Think Lounges should be notified immediately by sending as an email at support@thinklounges.com.au to give you further details. We will be happy to resolve any issues quickly. Appropriate photographs should be attached to the email to correctly identify the issues and affected parts.

 

  • No liability will be accepted for additional damage caused by delayed notification of the original defect.

 

  • The warranty does not apply to any damage resulting from situations including, but not limited to damage resulting from misuse like exposure to extreme temperature, negligence, wrong assembly, accidental wear and tear, unauthorized repair, not following the care instructions etc.

 

  • Fabric shrinkage or piling, fading, deterioration due to the application of chemical after-treatments, damage due to improper or ineffectual cleaning are not covered under warranty.

 

  • Bonded leather covers require regular nourishment using a quality leather rejuvenating product, and are subject to normal wrinkles and creasing. 

 

  • The warranty covers any transit damage caused by our selected delivery companies or the Think Lounges delivery team only.

  • If on unpacking your new lounges, you find any major defects please contact us immediately and we will assess the problem. If required we will arrange a replacement or a service call to repair the damaged item, this will be done at our discretion and as deemed appropriate by Think Lounges.


SECTION 2 - EXCHANGE & RETURN

 

  • If you wish to exchange your order for a different item, you can reorder and schedule a new drop-off date. However, accepting the delivery, all exchanges must be made within 5 working days and are subject to a 20% restocking fee and delivery costs.

 

  • Any item(s) already used/assembled or without factory packaging do not qualify for the exchange/refund policy. All boxes and wrappings must be opened correctly. Please do not rip, tear or trash any boxes/wrappings until you are satisfied with your couch. In-case of a return/exchange you must have the boxes/wrappings in the same condition as received.

 

  • You can request for an exchange and return by sending us an email at support@thinklounges.com.au

 

SECTION 3 - REFUND & RETURN

 

  • If you are not satisfied with your item after receiving and signing for it and you simply wish to refund your purchase instead of exchanging for another piece, you must notify Think Lounges within 5 working days of the payment date or delivery date which ever is more practical.

  • Your purchase will be refunded minus a 20% restocking fee and return delivery fee. Please note that all items must be returned in the manner they were received and in the original factory packaging. Any item(s) already used/assembled or without factory packaging do not qualify for the exchange/refund policy. All boxes and wrappings must be opened correctly.

 

  • Please do not rip, tear or trash any boxes/wrappings until you are satisfied with your products. In-case of a return/exchange you must have the boxes/wrappings in the same condition as received. Note that mattresses are an exception. If a mattress plastic cover has been removed, it cannot be refunded. For further questions, please contact Think Lounges directly via email.
  • You can request for refund and return by sending us an email at support@thinklounges.com.au