Terms & conditions

Please read these terms of use carefully. By accessing or using our website or buying any products on or through our website (herein after known as ‘Website’) or by posting any content on the website, you agree to be bound by these terms of use and all terms incorporated by reference and you warrant that you have the full autonomy to accept these terms and conditions. Do not use our website if you do not agree to all of these terms.

The Website is owned and operated by The Trustee for VTV Trading Trust – Trading as VTV Furnitures (herein after known as the ‘Company’, which expression shall, unless contrary to the context, mean and include its successors and permitted assigns). These Terms applies exclusively to your access to and use of the Website. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and The Company for its violations of these Terms.

The Company reserves the right to change or modify these Terms at any time and in its sole discretion. If there are any changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on the Website or updating the date at the top of these Terms. Your continued use of the Website will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms, you must stop using the Website.

Please keep in mind that this document is a legally binding agreement between the user of the Website (hereinafter referred to as ‘you’, ‘your’ or ‘User’) and the Company. If you have not attained the age of giving legal consent, according to applicable laws, to this agreement, your parent or guardian must agree to this agreement on your behalf.

1. Eligibility for Website

1.1. This Website is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Website by any natural person under the age of eighteen (18) is unauthorized, unlicensed and in violation of these Terms of Use. Use of the Website and buying any product through the Website is available only to persons who can form a legally binding contract under applicable law. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.

1.2. By using the Website, you represent and warrant that you agree to and will abide by all of the terms and conditions of these Terms of Use and will not use the Website for any illegal activity. If you violate any of these Terms of Use, or otherwise violate an agreement between us, the Company may terminate your access and any content or information that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the age of eighteen (18).

2. Account and Registration Obligations

2.1. For placing an order through the Website, you may be required to provide the information as reasonably requested by the Company for processing your order.

2.2. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or the Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, the Company shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

3. Order, Handling and Shipping

3.1. Orders for the product on receipt of the approved order, the Company or the third-party seller, as the case may be, manufactures the product to your requirements and ships the product within the quoted timeline. The Company or the third-party seller, as the case may be, may ship the purchased product to the buyer either by themselves or using the third-party shipping services. The User may be charged for shipping as advertised. The Parties agree that the Company or the third-party seller, as the case may be, uses commercially reasonable efforts to comply with advertised timelines and in no event will the Company be liable for failure to ship the product within the advertised timelines.

3.2. The User understands that the Company is not liable to ensure the availability of the Website or its shipping services. The Company or the third-party seller reserves the right to cancel any order if it is unable to ship the purchased product within a within a reasonable period of time/ period not exceeding 30 days or within the time as specified by the Company.

4. Return and Refunds

4.1. You may cancel an order from your account within 3 (three) days of placing the order by writing to us at contactus@vtv-furnitures.com provided however no cancellation shall be permitted if the Company , or the third party seller, as the case may be, has started manufacturing the made-to-order product. The Company does not offer refund other than as expressly specified herein. If you receive a product and wish to return it for a refund or exchange it because the product is faulty, you must inform the Company in writing, along with a detailed description of the fault and photographic evidence if necessary, within five (5) days of receiving the product. The Company will then provide you instructions on how to return your product and your refund will be processed to your original payment method once the purchased product is received back.

4.2. The User shall be responsible for return postage/shipment unless the product is incorrect or faulty, in which case the Company may refund the return postage/shipment. Please note that the Company may refuse a refund if the product is not faulty, unused and in their original condition save for the User’s right to inspect the product. It is your responsibility to ensure that you package the returned goods adequately so that it arrives back to the Company undamaged. If you have any further questions on returns, refunds or cancellations please contact the Company at contactus@vtv-furnitures.com

5. Commercial Terms

5.1. The price as quoted by the Company is inclusive all applicable taxes and the total price the User will pay to purchase the product and have it packaged and shipped to him or her by the Company.

5.2. The Company reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Company’s website and will be effective immediately.

5.3. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to service tax, and duties etc.

5.4. The Company provides escrow services to Users and the manufacturers (‘Escrow Services’). The Company receives, holds, and/or remit payment to manufacturer in accordance with its’ agreement with the manufacturer. VTV Furnitures can release part of the funds (up to 30% of the total price) during the progress of manufacturing. The Company may request approval from the customer before releasing any monies for subsequent progress. The Company has the right to release up to 85% of the funds when the product is Free On Board (on the ship). The Company releases the remaining payment (15%), if any, within 5 (five) working days of delivery of the purchased product to the customer (by freight forwarder confirmation). Notwithstanding contained anything in this clause 5.4, the User Company indemnify and hold harmless the Company and (as applicable) Company’s partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including solicitor’s fees, caused by or arising out of Escrow Services.

The User shall consent to, or reject, the release of the funds within 48 hours of the request being made, if any. If the User does not respond to the request within such specified period, then the User will be deemed to have consented to the release of the funds.

6. Reviews, Feedback and Testimonials

6.1. Company may ask the buyer to provide reviews, feedback, or testimonials (hereinafter referred to as ‘Feedback’), for the purchased products. The Feedback should not be intentionally damaging, offensive or malicious. The Feedback may be used for internal purposes but could also be used publicly on the Website. The Company will not entertain any false Feedback. The Feedback should not include any contact information within the review.

7. Submitted Content

7.1. Company does not claim ownership of any materials you make available through the Website. At Company’s sole discretion, such materials may be included in the Website in whole or in part or in a modified form. With respect to such materials, you submit or make available for inclusion on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content).

7.2. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post any material; we reserve the right in our absolute discretion to determine what is published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content.

7.3. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; and (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

8. User Representations

8.1. You represent, warrant and agree that materials of any kind submitted through your account or your conduct while using the Website or ordering a product will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material.

8.2. You further agree that you may not use the Website or place an order in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Website. In addition, you agree not to use the Website to intimidate, harass or in any way interfere with, disrupt, negatively affect or inhibit other users from using the Website; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity.

9. Third Party Content

9.1. Third Party Content. Third parties may provide certain information and content to Company (hereinafter referred to as ‘Third Party Content’). The Third-Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. This Website may provide links to other Websites/ Websites or resources over which Company does not have control (hereinafter referred to as ‘External Web Websites’). Such links do not constitute an endorsement by Company of those External Web Websites.

9.2. You acknowledge that Company is providing these links to you only as a convenience, and further agree that Company is not responsible for the content of such External Web Websites. If you access the External Web Websites or to use or install any websites, software or content, you do so at your own risk and you should be aware that Company’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from Company or relating to any Websites you use or install from the Website. Your use of External Web Websites is subject to the terms of use and privacy policies located on the linked to External Web Websites.

10. Warranties

10.1. Third-Party Products. You understand that the Company may not manufacture, store, or inspect any of the products sold through the Website. We may only provide the platform; the products may be produced, listed, and sold directly by independent sellers, so The Company can’t and does not make any warranties about their quality, safety, or even their legality. You release the Company from any claims related to such third-party products sold through the Website, including for defective products, misrepresentations by sellers, or products that caused physical injury (like product liability claims).

10.2. Content You Access. You may come across materials that you find offensive or inappropriate while using the Website. We make no representations concerning any content posted by users through the Website. The Company is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Website. You release us from all liability relating to that content.

11. Disclaimer of Warranties/ Limitation of Liability

11.1. The website, products and other materials are provided by the company on as an ‘as is’ basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.

11.2. To the maximum extent permitted by applicable law, we will have no liability related to the user content arising after intellectual property rights, libel, privacy, publicity, obscenity or other laws, the website also disclaims as all liability with respect to the misuse, loss, modification or unavailability of any user content.

11.3. In no event shall company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (A) The use or the inability to use the website; (B) The use or the inability to use or merchantability of any product on the website; (C) The cost of procurement of substitute products; (D) Unauthorized access to or alteration of the user’s transmissions or data; (E) Any other matter relating to the website or product including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.

12. Indemnity

12.1. You shall indemnify and hold harmless to Company and (as applicable) Company’s partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including solicitor’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

13. Company’s Rights

13.1. Company reserves the right at all times to edit, refuse to post, or to remove, from the Website, any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.

13.2. Company reserves the right to restrict your access to the Website at any time without notice for any reason whatsoever. Without prejudice to the generality of the above, we reserve the right to restrict your access to the Website at any time without notice in the event that we suspect you to be in material breach of any term of these Terms of Use.

13.3. The Company also reserves the right to modify or discontinue temporarily or permanently all or part of the Website with or without notice without liability for any modification or discontinuance.

14. Copyright

14.1. All Website or the products sold through Website is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website that is not our property is used with permission. The arrangement and compilation of all Website is our exclusive property and is protected by international copyright laws. All software used on the Website is our property or the property of our software suppliers and is protected by international copyright laws.

15. Trademarks

15.1. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of the Company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by us or our affiliated companies that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent

16. Copyright & Trademark Compliance

16.1. We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorised agreements, we do not reproduce or manufacture the products offered on our Website, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the Website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the Website and/or cease sales of the product(s) pending our investigation.

16.2. If you believe that your work has been copied, distributed or used on the Website in a way that constitutes copyright or trademark infringement, please forward the following information to the Company in way of a notice.

a. Your name, address, telephone number, and email address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of where the alleged infringing material is located;

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

f. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The notice, as mentioned above, shall be sent at the following address: PO Box 14 MOOREBANK NSW 1875

17. Termination

17.1. The Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of their Website and remove and discard all or any part of your account, user profile, and any content, at any time. You agree that any suspension or termination of your access to the Website or any account you may have may be affected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination.

17.2. In the event of any Force Majeure Event (as defined in “General Clauses” Section), breach of this agreement, or any other event that would make the Website or sale of any product commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the Website.

18. Settlement of disputes

18.1. All questions, disputes and differences arising under or in relation to the interpretation of these terms of use and/or to the contents stated in this Website and/or as to the determination of the rights and obligations of the users and the provider of the service herein shall be amicably settled through good faith consultation. The Parties shall engage in such good faith consultation for a minimum period of 30 (thirty) days starting from the date such question, dispute or difference is first communicated in writing by a Party (hereinafter referred to ‘Consultation Period’). Such consultation shall be deemed to have failed in the event either Party notifies such failure to the other in writing upon completion of the Consultation Period.

18.2. The Company and User agree to submit in that event to the exclusive jurisdiction and venue of courts located in Australia.

19. General Provision

19.1. Assignment. This Agreement and your rights and obligations shall not be assignable, in whole or in part, without the prior written consent of Company. Any assignment without Company’ consent is void. The Company shall be permitted to assign these terms or any of the rights, interests or obligations hereunder (whether by operation of law or otherwise) without the prior written consent of the other parties.

19.2. Relationship of Parties. Nothing contained in this agreement shall be construed or interpreted as constituting a partnership, joint venture, agency, employer, employee relationship between the parties. No third person is intended to be a third party beneficiary thereof. The parties agree to constructively work together in furtherance of the mutually beneficial object set forth in the agreement.

19.3. Non-Waiver. The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.

19.4. Severability. If any clause, sentence, paragraph or part of this agreement, or the Website thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect

19.5. Force Majeure. Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Company’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Company’s reasonable control (each, a “Force Majeure Event”).

19.6. Notices. Any notices required or permitted by this agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service. All notices hereunder required to be given to the Company shall be sent to its address first mentioned herein and all notices to the user shall be sent to its address/ e-mail address as may be provided during the registration process.

19.7. Entire Agreement. This agreement, along with any other agreement entered by and amongst the User, the Company and or the manufacturer constitutes the entire understanding between the Partners hereto and merges all other prior discussions between them relating thereto.

19.8. Headings. Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.

19.9. Applicable Laws. This agreement will be governed by and interpreted and construed in accordance with the laws of Australia without regard to conflict of laws principles thereof.