Terms & Conditions

Newfurn Floor Coverings Limited

Website Terms of Use

  1. Welcome to the website of Newfurn Floor Covering Limited ACN 63 004 650 668, trading as Choices Flooring (Choices Flooring).
  2. By accessing, browsing or using this website (Site), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using this Site.
  3. These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Choices Flooring. If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site.
  4. Choices Flooring may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

Privacy

  1. Choices Flooring may collect, use, store, record and transmit your personal information entered on this the Site. For further details, please refer to Choices Flooring’s Privacy Policy. Your continued use of the Site and the provision of your personal information will constitute your approval for Choices Flooring to deal with your personal information in accordance with these Terms of Use.

Disclaimer

  1. Choices Flooring does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Choices Flooring in good faith on an “as is” basis without warranty of any kind.
  2. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, more complete or more timely sources of information.
  3. The Site may contain historical Information that is not current and is provided for reference purposes only.
  4. The Information does not constitute professional advice or advice about the suitability of its products for your circumstances, or for any other circumstances.
  5. Choices Flooring does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
  6. Choices Flooring reserves the right to vary or modify the Information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.
  7. Choices Flooring makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus and similar checks on any Information downloaded.
  8. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the extent permitted by law.
  9. Choices Flooring reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
  10. Choices Flooring will use reasonable endeavours to ensure that the Site is available continuously, however Choices Flooring does not guarantee that access to the Site will be continuous or uninterrupted.

Limitation of Liability

  1. Choices Flooring will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information on this Site or the selection of goods or services referring to it. Under no circumstances will Choices Flooring be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Choices Flooring will not be liable for those costs.
  2. Care and Maintenance Guides (including all cleaning advice) are guides only and, to the extent permitted by law, no liability will be held by Choices Flooring, their manufacturers, stores or associates for any damage to your flooring as a result of your reliance on the Care and Maintenance Guides. Actual colour samples shown may vary due to the printing process. Selected products may not be on display at some stores, but can be ordered from all stores (except tiles).
  3. Products featured on this Site are available until sold out or discontinued from the manufacturer. Products feature price range indicators which reflect the product quality. These are identified based on a variety of factors, including materials (natural, engineered etc.), the manufacturing process, and the added benefits and features included in individual products (asthma friendly, extended warranties etc.). These price ranges are category specific and based on the product only, so they exclude freight and any extra services some Choices Flooring stores may provide, so they are to be used as a guide only.
  4. Luxury vinyl planks/tiles, timber, bamboo and laminate featured on this site are sold by the carton and not by the square metre; these prices do not include sub-floor preparation or installation. Pricing for the same product may vary from store to store. Prices may also vary in regional and rural areas due to freight to location. Travel costs may also apply in remote rural areas.
  5. Where liability cannot be excluded, to the extent permitted by law any liability incurred by Choices Flooring is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

Links to other sites

  1. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Choices Flooring, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
  2. The Linked Sites may have different terms of use.
  3. Unless otherwise specified, the Third Party Linked Sites are not under Choices Flooring’s control. The Third Party Linked Sites may have different terms of use and may be subject to different laws. Choices Flooring is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Choices Flooring provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Choices Flooring is not a party to any transaction between you and a Third Party Linked Site. Unless specified otherwise, Choices Flooring does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

Intellectual Property

  1. The copyright in the content of this Site is owned by Choices Flooring and/or its affiliates. All rights reserved.
  2. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.
  3. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Choices Flooring’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
  4. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
  5. Commercial use of the Site and the Information is expressly prohibited.
  6. All trade marks and trade names which appear on this Site are proprietary to Choices Flooring and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

Spam

  1. Any publication of Choices Flooring’s email addresses on this Site is to facilitate communications relating to the goods and services supplied by Choices Flooring. It must not be inferred as consent by Choices Flooring to receive unsolicited commercial electronic messages.

Miscellaneous

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
  2. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
  3. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) will remain valid and enforceable.
  4. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
  5. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.

July 2019


Choices Flooring Gift Card Terms & Conditions

All Choices Flooring gift cards (“Gift Card/s”) are issued by Newfurn Floor Coverings Ltd trading as Choices Flooring (ABN 63 004 650 668) (“Choices Flooring”, “us”, “we” or “our”).

1. Acceptance

By purchasing, activating, enquiring, using or attempting to use a Gift Card, you agree to be bound by these Terms and Conditions. If you are giving a Gift Card to another person or entity, you must ensure that the end Gift Card holder is aware of these Terms and Conditions and the relevant expiry date of the Gift Card. By attempting to claim under this Gift Card, any end-user/recipient of this Gift Card agrees that they are bound by these Terms and Conditions.

Choices Flooring may, in its sole discretion, modify or revise these Terms and Conditions and you agree to be bound by such modifications or revisions. Choices Flooring recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made.

2. Purchasing a Gift Card

Gift Cards cannot be purchased using discount codes or any other promotional codes or offer. Once a Gift Card has been purchased, you cannot subsequently add value to it.

3. Redeeming a Gift Card

The Gift Card can only be redeemed on products from Choices Flooring stores (including our website at choicesflooring.com.au) up to the value on the Gift Card. The value redeemed will be deducted from the Gift Card balance. If you wish to make a purchase for an amount that exceeds the Gift Card value, you must pay the excess amount using an alternative payment method. A Gift Card cannot be used to purchase another Gift Card.

Any products purchased solely or in part using a Gift Card may be refunded or returned in accordance with Choices Flooring’s Returns & Refunds policy at Choices Flooring’s Privacy Policy, and as allowed under law. We are unable to load a refund back to the Gift Card used to make the initial purchase, however, we will issue you a new Gift Card with the relevant refund amount if required.

4. Expiry of a Gift Card

Gift Cards are valid 36 months from the date of purchase. Any balance remaining on a Gift Card after the expiry date will be forfeited by you, will not be available for use and will not be awarded as cash or credit.

Gift Card holders can check the balance of their Gift Card online by visiting choicesflooring.com.au/gift-cards and entering their Gift Card number when prompted.

5. Return/Refunds/Cancellations

Once a purchase for a Gift Card has been made, Gift Cards cannot be cancelled, exchanged, returned or refunded unless required by law.

6. Faulty/Damaged Gift Cards

A Gift Card will only be reissued if it is proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Choices Flooring, its agents or contractors or a participating Choices Flooring store.

7. Lost/Stolen Gift Cards

Lost or stolen Gift Cards will not be replaced or refunded.

You are responsible for the use and safety of your Gift Card, and should treat your Gift Card like you would cash. You are liable for all transactions on your Gift Card, except to the extent there has been fraud or negligence by Choices Flooring or by any of our employees.

8. Liability

To the maximum extent permitted by law, Choices Flooring will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms and Conditions for any reason or cause. To the extent permitted by law, in the event that Choices Flooring, its affiliates, and suppliers are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Gift Card. In no event shall Choices Flooring, its affiliates, and suppliers have any liability for unauthorised access to, or alteration, theft or destruction of a Gift Card through accident, misuse, or fraudulent means or devices by you or any third party, or as a result of any delay, mistake resulting from any circumstances beyond our control.

9. Privacy

We may collect personal information from you when you purchase, enquire, activate, use or attempt to use a Gift Card. For information on how we use and handle the personal information we collect from you, please visit our Privacy Policy at Choices Flooring’s Privacy Policy.

10. Risk & Title

Risk and title in the Gift Card(s) passes to you upon payment for the Gift Card(s). Choices Flooring will not be responsible for any lost or misdirected Gift Cards, including any Gift Cards lost or misdirected in the mail. Choices Flooring will not be responsible for the unauthorised acceptance or any unauthorised redemption of a Gift Card.

11. General

A. These Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

B. In the event that any portion of these Terms and Conditions is found to be invalid, void or unenforceable, the remainder of these Terms and Conditions shall remain in full force and effect.

C. No waiver by us of any term shall be deemed to be continuing or shall be deemed a waiver of any other term.

12. Errors and Complaints

If you have any questions or wish to make a complaint about your Gift Card, contact us at:

[email protected] or [email protected]