Terms & Conditions

General

Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using this website you are accepting these terms in full which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made. We will not be liable if for any reason this website is unavailable at any time or for any period.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our privacy & security policy page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

License to use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Acceptable Use

You must not use our website in any way that causes, or encourage a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene. You must not use our website to corrupt data, cause annoyance to other users, infringe upon the rights of any other person's proprietary rights, send any unsolicited advertising or promotional material or attempt to affect the performance or functionality of any computer facilities of or accessed through this website

We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Terms of Sale

In these terms of sale, “we” means Trimworks (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

After you place an order with us, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A binding contract between us for the purchase of the goods will not be formed until your payment has been approved and received in full by us.

In order to contract with Trimworks you must warrant to us the following:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete;

(c) you will be able to accept delivery of the products; and

(d) you are at least 18 years of age

Trimworks retains the right to refuse any request made by you.

Products & Pricing

We will do our best to ensure that all information, descriptions, photographs and prices of products appearing on the site are correct at the time when the relevant information was entered onto the system.
We aim to keep the site as up to date as possible, however the information including product descriptions appearing on this site may not always reflect the product exactly at the moment you place an order.

We do not take responsibility for any variation in online cushion colours as they may vary slightly from the images supplied due to computer screen resolutions or inconsistencies in the fabric from supplier.

If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition and are clearly displayed where applicable and included in the total cost.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Delivery Terms

We will arrange for the products to be delivered by a carrier of our choice to the address as indicated in your order.

We will use reasonable effort to deliver products on or before the date for delivery set out in our order confirmation however we cannot guarantee delivery by the relevant date.

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or supplier delays for which we will not be responsible.

Delivery rates can be found on our Delivery Information page.

Risk & Ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

Disclaimer of Liability

Whilst we aim to ensure that the information on this website is correct, we do not warrant its completeness or accuracy nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Nothing in these terms of use will limit or exclude our or your liability for death or personal injury resulting from negligence, limit or exclude our or your liability for fraud or fraudulent misrepresentation, limit any of our or your liabilities in any way that is not permitted under applicable law or exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any and all third party claims, losses, damages, costs, liabilities and expenses (including, but not limited to, legal fees) arising from your use this website or your breach of provision of these terms of use.

Linking to Website

You must not establish a link to this website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of New South Wales, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of New South Wales, Australia.

Entire Agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.