EASTERLY TERMS OF SERVICE
Timber – we guarantee the species, not the colour of every different board, thus we don’t refund on timber colour. See more details below.
Returns – change of mind incurs a delivery fee back to us, and a 20% restocking fee at Easterly’s discretion.
Special orders – Special orders are usually not refundable. Please email us if you would like us to consider a special order refund.
This website www.easterly.com.au (“the Site”) is owned by Easterly Pty Ltd (ACN 166 551 480) (“Easterly” “” “we” “our” “us”). Easterly is a retailer of furniture and homewares products in store at 2 Winki Way Torquay Victoria 3228 and via the Site. The terms “you”, “your” and “customer” refer to the user or visitors to this Site. Using this Site includes placing an order for products.
Easterly reserves the right to make changes to the Site, these Terms and Conditions, our policies and products in any way without prior notice. We recommend that you revisit this page periodically because your continued use of the Site constitutes acceptance and agreement to any changes or amended terms and conditions.
Requirements of Use
We require payment in full at the time of placing your order. We accept payment by way of credit card or PayPal. Estimated shipping costs will be added to your order at the checkout. Certain products may only be available through the Site. We deliver to most places within Australia, however we reserve the right to limit the sales of certain items to a geographical location. We may exercise this right on a case by case basis.
Once you have submitted your order and payment you will receive an email from us confirming that we have received your order. We will advise you if any products you have requested are out of stock or unavailable and discuss your options.
Disclaimer: The products displayed on the Site are a guide only. The look of products shown on the Site may vary, due to the resolution of your monitor, computer or device, or lighting variations. Similarly, products made from natural sources may contain marks and imperfections that are outside of our control. We recommend that if you have a particular look in mind, you attend in-store to view our products because we do not provide refunds for a change of mind.
Prior to purchasing timber products on-line you
must review our Timber Disclaimer
Where we have products in stock, we require that payment be made in full on the day of purchase. We also offer lay-by purchases which are subject to separate terms. When ordering a product that is not in stock, or is custom-made we require a payment of a 50% deposit on the date of purchase to secure your purchase. The remaining 50% will be required to be paid prior to delivery of the products to you.
Changing your Order
We do not provide refunds for a change of mind, or the product is not to your liking. We may be able to facilitate changes to orders if we have the stock in hand, and we have notification prior to shipping. You should contact us immediately by phone 1300 22 3228 or email: firstname.lastname@example.org. Cancelling orders of bulky goods such as furniture and special orders will incur a minimum 20% cost of the cancelled order.
Delivery and Timing
Delivery times of our manufacturers varies and we cannot guarantee when your goods will be delivered, prior to purchase. Product lead time can be between 1 to 16 weeks and can be impacted by factors outside of our control. While we will use our best endeavours to arrange delivery of your goods to you within your preferred timing, any timeframes provided to you are estimates only, and are not guarantees. If the time in which you receive your goods is important to you, we recommend that you contact us by phone 1300 22 3228 or email: email@example.com prior to making your purchase.
Orders will not be shipped on weekends or Victorian Public Holidays. We may at times use third party delivery services to deliver your goods to you. In so far as it is within our control, deliveries will be arranged at a mutually convenient time. There must be a person present at the property to accept the delivery as goods will not be left unattended and you may be charged additional delivery fees for re-attendance. We will attend to a maximum of two attempts at delivery, after which time the goods will be returned to our warehouse and you will need to arrange for their collection.
While we will make all best efforts to ensure your products arrive within a reasonable time, we are not liable for delays outside our control for example, delays due to weather, holiday/seasonal delays, customs issues, industrial action, acts of God etc.
Each piece of timber is unique, which is why our products are special. We do not refund on timber colour differences. This means that the colouring and look of timber products will vary. There will be variations in colour, grain, knots and the use of plugs. In some larger products, such as recycled tables, where there is a knot or hole in the timber, the hole will be filled with a plug. These are fitted and sanded to create as seamless appearance as possible. You should expect that there will be plugs when you purchase recycled timber products.
We guarantee your product will be made of the type of timber chosen by you. We cannot guarantee how the timber will ‘look’. This is the beauty and nature of timber products, especially recycled products. Variations and imperfections are not flaws, they are what makes the product unique. Every single tree is different, even when of the same species and even when the same species are grown in the same place.
Timber is a natural living and breathing product which absorbs moisture and heat depending upon the environment that it is. Thus, small cracks may appear if there is a quick change in the environment (such as the temperature or exposure to rain and sunlight). This is a normal reaction and is to be expected in the circumstances. Timber products should never be exposed to extreme heat or cold, i.e., a table should not be beside a fire or heater, nor placed under an air conditioner.
Customers must follow the process set out below. Unauthorised goods returned to us may incur additional fees.
Easterly provides the guarantees as stated in the Competition and Consumer Act 2010 (“the Consumer Law”). Refund and return requests should be made instore or in writing to firstname.lastname@example.org. Please provide detailed information in your request including:
- an explanation of the issue;
- the circumstances in which the issue arose including the date;
- the resolution that you seek; and
- photographs or other supporting information.
We will assess your request in accordance with the legal requirements and respond within seven days to notify you of the next steps. If there is a minor problem with your product we may:
- fix the problem free of charge;
- offer you a replacement product; or
- offer you a refund.
If there is a major problem with the product you are entitled to a refund or a replacement product. Replacement products are limited to a product that is identical to the product originally purchased. Examples of situations where we may provide a refund include:
- when the product is unsafe,
- the product is significantly different to the description,
- we sent you the incorrect product,
- the product is not fit for the purpose,
- the product lead time is not to your liking.
We will not provide refunds where:
- damage occurs due to not following the care instructions;
- you change your mind;
- you find the same product sold elsewhere cheaper; or
- where the issue relates to a natural feature of the timber as set out in the timber disclaimer.
Where we authorise your return, we will provide you with the details for our courier company to arrange for the return of the goods.
We require a 20% deposit for each lay-by. Item(s) must be paid for in full and collection or delivery arranged by the Due Date. By entering into a lay-by you are agreeing to make payments in accordance with the agreed schedule. Lay-bys can be cancelled at any time during the term, however if you cancel your lay-by within 2 weeks of your purchase, we will refund any payments made less our administration fee of 10%. We do not otherwise provide refunds for Lay-by purchases unless as required by the Australian Consumer Law. Lay-by purchases cannot be exchanged. Failure to pay the amount owing by the Due Date or failing to pay in accordance with the schedule below will result in your lay by being cancelled.
This Site and its content are provided to you through this license. Easterly retains all ownership and proprietary rights in the Site and the content created and contained herein. We grant you the non-exclusive, non-transferable, limited right to use the Site for viewing the information contained on the Site and making purchases for your personal use only (“Prescribed Purpose”). Using the Site for commercial purposes or for financial gain is expressly prohibited. Easterly has the discretion to act immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by Easterly and, as applicable, its licensors.
The following conduct is prohibited when accessing or using this Site:
- frame or utilize framing techniques to enclose the Site or any portion of the Site;
- republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
- make any use of the Site or any and/or all Site Content other than for the Prescribed Purpose;
- modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
- collecting account information for the benefit of yourself or another party;
- using any meta tags or any other hidden text utilizing any and/or all Site Content;
- using software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
- downloading any image or content and pass it off as your own, or provide it to a third party or republish or distribute it;
- use technology or other means to access the Site;
- attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
- gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or
- attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
Limitations on Linking
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by Easterly, which does not exist.
Third party links
We use third party payment providers and we may at other time have links to other websites. Once you leave the Easterly Site, you will be subject to the terms and conditions of the third-party website which is outside of Easterly’s responsibility and control.
Warranties and Indemnities.
We do not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. To the extent provided by law, Easterly does not guarantee against third party interference. We do not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. The information on the Site is provided on an "as is" basis. We make no warranties as to the accuracy of the contents of the Site.
Neither easterly or the Customer is liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our/your reasonable control.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Site;
(c) permanently prohibit you from accessing the Site;
(d) block computers using your IP address from accessing the Site;
(e) contact any or all your internet service providers and request that they block your access to the Site; and/or
(f) commence legal action against you, whether for breach of contract or otherwise.
Where we suspend, or prohibit or block your access to the Site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Governing Law
This agreement is governed by the laws of Victoria and Australia.