Terms of service

Welcome to Atelier 024.

This website is owned and controlled by Object Atelier Pty Ltd ACN 674 845 295 (trading as Atelier 024) (Atelier 024, We, Us or Our). These Terms and Conditions (Terms) govern your use of our website (Website) and the purchase of goods (Goods) from our online store. You acknowledge that your use of this Website including, placing an order for the purchase of Goods is an indication of your acceptance of these Terms and our Privacy Policy. Please read them carefully before proceeding with your purchase, as they outline important information regarding your rights, obligations, and limitations when engaging with our services.

We reserve the right to vary or modify this Website and these Terms from time to time at our sole discretion and without notice. Any amendments will come into effect immediately and automatically. Any continued use by you of this Website will constitute an acceptance of those variations and modifications. These Terms are effective until terminated by us, which we may do at any time without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitation of liability set out in these Terms will survive.

1 DISCLAIMERS

1.1 Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on this Website, we do not warrant or make any representations regarding the use, or the result of the use of any document, product, service, link or information on this Website or as to its correctness, suitability, accuracy, reliability or otherwise.

1.2 This Website is provided on an ‘as is’ and ‘as available’ basis for your use, without warranties of any kind, express or implied. We do not guarantee or warrant that this Website will be uninterrupted, without delay, error-free, omission-free or free of viruses.

2 LEGAL CAPACITY

2.1 You must be eighteen (18) years of age or older to place an order from this Website.

2.2 By placing an order and/or making a purchase through this Website, you confirm that you:

(a) are over the age of eighteen;

(b) accept the terms outlined herein;

(d) agree that these Terms, along with your order, represent the complete agreement between you and Atelier 024 for the provision of Goods.

3 ORDERS

3.1 Please choose your items carefully as refunds, exchanges, cancellations or changes of order are not provided for change of mind, incorrect selections, or finding the same item at a lower price elsewhere.

3.2 For Enquire Now products

3.2.1 Due to their handmade nature, we kindly ask that you enquire to purchase. Following enquiry, once your order has been finalised and 50% deposit paid, it cannot be cancelled unless you receive written confirmation from us approving the cancellation.

3.2.2 It is your responsibility to ensure that your information included on the enquiry page (including your name, contact number, email address and delivery address) is correct and to notify Atelier 024 of any changes to such information.

3.3 For Shop Now products,

3.3.1 Once payment has been made upon checkout, it cannot be cancelled unless you receive written confirmation from us approving the cancellation.

3.3.2 You will receive an email from us shortly after confirming your order. If you have any enquiries regarding your order, feel free to reach out to our team.

3.4 Product listings on our website are not offers to sell but invitations to make an offer.

3.5 A contract for the sale and supply of Goods between you and Us is formed when you make an offer to purchase at the advertised price by:

(a) placing an enquiry or purchase through our Website;

(b) paying all fees due (including any applicable delivery and handling charges); and

3.6 In the event that your order is not accepted, Atelier 024 will inform you via phone or email and arrange a full refund of any payments made.

3.7 Atelier 024 reserves the right, at its sole discretion, to accept or reject any offer for any reason, including, but not limited to, an error in the listed price or product description on the Website, or an issue with your order.

3.8 Stock availability information and lead times are accurate based on the most recent data and is subject to change. If a product becomes unavailable, Atelier 024 will contact you as soon as possible via phone or email.

3.9 Your order will be considered accepted by Atelier 024 once either a tax invoice is emailed to you or the order is fulfilled, whichever occurs first.

4 FEES AND PAYMENT

4.1 All prices are shown in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges (these will be calculated upon an offer being placed). Prices are subject to change.

4.2 Products displayed without an accompanying price are not available for purchase directly through the Website. Please place an enquiry through the enquiry form on the product page or email us to enquire about these items.

4.3 Unless specified otherwise, any accessories featured in product images are not included in the listed price.

4.4 We reserve the right to amend any errors published on the Website.

4.5 Once an offer has been accepted, Atelier 024 will issue an invoice for the total price, which includes delivery and handling charges. All payments must be made in full before the Goods are dispatched.

4.6 Payments must be made in Australian currency and through the secure payment gateway available at checkout and will be subject to the terms and conditions of the payment service provider.

5 GOODS

5.1 You acknowledge and agrees that Atelier 024 procures some Goods on behalf of and as agent for you and in the event Atelier 024 does so:

(a) Atelier 024 is not liable for the stock availability of those Goods (which are subject to change at the discretion of the supplier), or the lead times for the delivery of those Goods;

(b) you shall hold the supplier(s) and not Atelier 024 responsible for the utility and quality of their Goods (including any defects or damage to the Goods);

(d) should a Good be delivered faulty, you will need to wait the relevant lead time for a replacement subject to the supplier(s) policy; and

(e) should you choose to return and/or cancel the order for any Good once it has been ordered, it is strictly at the supplier’s discretion and subject to the supplier’s cancellation policy and Atelier 024 accepts no responsibility for Goods which cannot be exchanged or refunded as per our Returns Policy.

5.2 Whilst Atelier 024 will make every effort to ensure the colours and images, in particular colours of any products samples, prints or graphics provided to you are as accurate as possible, Atelier 024 does not guarantee that your computer monitor display or print out of any colour or image will give the accurate colouring and/or perception. By placing an order with Us, you accept full responsibility for any perceptual changes in appearance, dimensions and consistency of colour and/or texture of any Goods.

5.3 Our pieces are made to order, and as a result, slight variances may occur. We invite you to welcome the unique nature of each piece.

5.4 You acknowledge and agrees that:

(a) subject to the Australian Consumer Law (ACL) all specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions, or recommendations) given by Us are estimates only. We are under no liability for damages for failure of the Goods to meet such specifications;

(b) where materials have been selected for a custom design, they may change in appearance, texture or dimension following exposure to climatic conditions and use and this is normal behaviour for such materials and are not considered defects;

(c) the exposure to natural and artificial light may affect the appearance of materials over time and the overall appearance of finishes may be altered, and Atelier 024 is not liable for such changes caused by light exposure;

(d) natural materials including stone and timber, and some non-raw materials may inherently develop patina, finger marks, water marks, or other variations over time and that such changes are not considered faults or defects, and the replacement of materials exhibiting these natural characteristics will not be provided by Atelier 024;

(e) you are aware that the acceptance and installation of materials with inherent characteristics, including patina, finger marks, and water marks, may void any warranty associated with the supplier of those materials, and that Atelier 024 is not responsible for any warranty voidance resulting from the natural characteristics of the specified materials;

(f) if you choose to apply any treatments, finishes or alterations to materials on your own accord, you do so at your own risk and any modifications made by any parties may void warranties provided by the supplier of those materials;

(g) Goods purchased by Us on behalf of you cannot be returned based on changes in appearance over time;

(h) Atelier 024 does not guarantee the appearance, dimensions, consistency,colour and/or texture of any materials selected following approval of samples of the particular materials by you; and

(i) Atelier 024 is not responsible for individual variations from samples to ordered product for any custom designs including but not limited to objects and custom furnishings.

6 SUPPLY, DELIVERY AND INSTALLATION

6.1 Goods may not always be available for immediate delivery. Atelier 024 will make every effort to deliver your order within the lead time provided at the time of purchase.

6.2 Delivery dates are approximate, and Atelier 024 cannot be held responsible for any delays in delivery due to shipping or supplier issues.

6.3 Atelier 024 will arrange for the delivery of Goods at your expense and will contact you via telephone or email to arrange with you a suitable time for delivery (if the Goods ordered are large and/or bulky). Delivery charges will be communicated to you before the delivery is scheduled and any additional charges may apply for special delivery requests such as expedited delivery, specific delivery time frames, street closures, permits and speciality equipment required to deliver the Goods into your premises (such as a crane).

6.4 In relation to the delivery of Goods, you are responsible for ensuring:

(a) delivery details including the delivery address, contact person and access instructions are provided to Atelier 024 in a timely manner. If you wish to change the delivery date or delivery address you must contact Us at least 48 hours prior to the dispatch of your order;

(b) clear access to the delivery location, and that there are no obstacles that may hinder the delivery process; and

6.5 If you fail to take delivery of the Goods for any reason, then Atelier 024 shall store the Goods until delivery takes place and charge you for all related costs and expenses (including storage, insurance and re-delivery fees).

6.6 Atelier 024 shall not be liable for, including but not limited to, any delay or failure caused by any third party, or any delay or failure in delivery of the Goods caused by Force Majeure or the unavailability of Goods or the failure of you to comply with your obligations under these Terms.

6.7 Atelier 024 takes no responsibility for any damage caused to the Goods and/or your premises caused by the delivery, assembly and/or installation of Goods by Atelier 024 (including any subcontractors engaged by Atelier 024 as agent for you).

6.8 Atelier 024 cannot and will not accept responsibility for delivery failures or delays by Our third party delivery contractor.

6.9 Together with our delivery partners, we take utmost care to ensure your purchase is delivered and received in original condition. Upon delivery, you will be asked to inspect the item received and a signature will be required to confirm your satisfaction. In the unlikely event that you should be unsatisfied with your purchase or the condition in which it was received, please contact us within 24 hours of receiving your purchase.

6.10 Title to the Goods passes to you once you have paid in full for the Goods.

6.11 Risk of loss or damage to the Goods passes to you on delivery of the Goods.

7 DAMAGED OR FAULTY GOODS AND REFUND POLICY

7.1 If a Good you receive is damaged, you may be entitled to:

(a) rights under the Competition and Consumer Act 2010 and other consumer protection laws applicable in Australia; and/or

(b) have the product repaired, replaced, or refunded for the amount you paid.

7.2 Unless Goods are faulty (and subject to applicable laws), Atelier 024 does not offer refunds or exchanges.

7.3 If your Goods arrive damaged, you will need to notify us within 24 hoursimmediately and note any damage on the delivery documentation in accordance with clause 6.9.

7.4 Atelier 024 will not be liable to provide any refund, return, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Goods whilst they were in your possession or control.

7.5 Atelier 024 will not be held responsible for ensuring the suitability of products for a specific purpose, unless otherwise communicated by Atelier 024.

8 WARRANTIES AND LIABILITY

8.1 Any warranty claims and service calls in relation to Goods which are sourced from a supplier and are not manufactured by Atelier 024 are to be dealt with by you. Atelier 024 will provide copies of proof of purchase for warranties to youwithin a reasonable time of request by you.

8.2 Australian Consumer Law Guarantees

(a) Under the ACL you are entitled to a replacement, refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

(b) For further information about the ACL and consumer guarantees, visit https://consumer.gov.au/.

(c) Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including under the ACL) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, We disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Goods

8.3 To the extent permitted by law, including under the ACL, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Atelier 024 is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(d) any act, omission or negligence by you, your agents or representatives;

(e) any loss or expense resulting from a claim by a third party;

(f) any delays in delivery of the Goods; or

(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Atelier 024’s failure to complete or delay in completing the orders to deliver the Goods.

8.4 For any liability which cannot lawfully be excluded, but can be limited, Our liability is limited to repairing, replacing or paying the cost of repairing or replacing Goods.

9 LIABILITY AND INDEMNITY IN RELATION TO WEBSITE

9.1 To the maximum extent permitted by law, Atelier 024 will not be liable for any loss or damage which may arise as a result of the use of this Website, its content or reliance on the information on it including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise. This includes, but is not limited to, the transmission of any computer virus. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which We shall not be liable.

9.2 To the maximum extent permitted by law, you agree to indemnify Us, and hold Us harmless, against any liability suffered or incurred by Us arising from or in connection with your use of this Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after termination of these Terms.

10 COPYRIGHT, TRADEMARK AND RESTRICTION OF USE

10.1 This Website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on this Website for any purposes, including the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website. You may not, except with Our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

10.2 Atelier 024 expressly reserves all copyright and trademark in all documents, information and materials on this Website and We reserve the right to take action against you if you breach any of these Terms.

11 THIRD PARTY WEBSITES AND SOFTWARE APPLICATIONS

11.1 This Website may contain links to websites owned and operated by third parties. Links to third party websites have been provided solely for your convenience and to enable you to obtain further information about other organisations and activities which may be of interest to you. We make no representations and provide no warranties regarding the accuracy or suitability of, and accept no responsibility or liability for, anything you obtain via these third-party websites. A link from this Website does not imply Atelier 024’s endorsement, approval or agreement with the views of those third-party websites.

11.2 This Website may contain information or advertisements provided by third parties for which Atelier 024 accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are facilitating an introduction only and are not providing any advice nor do We take any responsibility for any advice received in this regard.

11.3 By linking to sites operated by third parties, We are not authorising the reproduction of any materials on such sites, as such material may be the subject of intellectual property rights of third parties.

11.4 Software belonging to third parties may be accessed and downloaded through third party links from this Website. Such software is likely to be subject to licensing terms imposed by the owner of that software. The use of such third-party software is at your own risk and to the maximum extent permitted by law, We exclude all liability in relation to using or downloading any software that may be accessed from this Website. We make no representations and provide no warranties in relation to such software. In particular, to the maximum extent permitted by law, We exclude all liability for any loss or damage resulting from using or downloading any software accessible through this Website.

12 CONDUCT

12.1 This Website may be used only for lawful purposes, and you are prohibited from posting any unlawful, harmful, threatening, abusive, harassing, defamatory, discriminatory, hateful or obscene material of any kind on this Website.

12.2 You are prohibited from accessing or using this Website in any way that competes with Our business or that tampers with or modifies it, knowingly transmits viruses or other disabling features, or damages or interferes with this Website.

13 TRANSMISSION OF INFORMATION

All information transmitted over the internet is susceptible to monitoring and interception. You will bear the risk of transmitting information to Us in this manner. We do not guarantee or warrant the security of any information transmitted to Us in this manner and We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to Us in this manner.

14 PRIVACY

Your privacy and maintaining the confidentiality of your personal information is important to Us. Please read Our separate Privacy Policy to understand more about how We protect your personal information. All personal information (including information about your access to this Website) will be collected and treated in accordance with Our Privacy Policy.

15 GENERAL

15.1 Governing Law: The use of this Website and these Terms are governed by the laws of New South Wales. You submit to the exclusive jurisdiction of the courts of New South Wales for determining any dispute concerning these Terms.

15.2 Severability: In the event that any provision of these Terms is determined to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and Atelier 024.

15.3 Assignment: If Atelier 024 merges, sells or otherwise changes control of its business or this website to a third-party, Atelier 024 reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Atelier 024 has collected from you and any agreements it has made with you. You must not assign or transfer this agreement without the written consent of Atelier 024.

15.4 Waiver: The failure of either party to enforce any right or part thereof under these Terms shall not be considered as a waiver of that right and shall not prevent the party from later enforcing that or any other right.

15.5 Entire Agreement: These terms, together with any offer to purchase Goods, constitute the entire agreement between you and Atelier 024 and supersede all prior discussions and agreements.