Online Shopping Conditions
That’s Living Website and Order Terms and Conditions
You should read these Terms and Conditions carefully. In these Terms and Conditions "We", "Our" or "Us" means That’s Living Pty Ltd ABN: 39 143 998 592 ("That’s Living") and includes its employees, directors and agents; and "You" or "Your" means the person who accepts these Terms and Conditions, by using the Website and associated software, networks and processes, including the purchase of goods or services through the Website.
The Website is operated by That’s Living Pty Ltd ABN: 39 143 998 592.By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
The Agreement cannot be varied except in writing by Us.
In these Terms and Conditions:
“Agreement” or “Terms and Conditions” means this document and all the terms and conditions contained within it, including all the terms of any Order placed by You through the Website (if applicable).
“Customer” means the person or legal entity identified in a That’s Living quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Faulty or Damaged Goods” means Goods that are faulty, damaged, do not match the sample or description displayed on the Website, or are otherwise not fit for purpose.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trademarks, trade names, designs, logos and images (including still images, audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Order” means an offer by You to purchase a Product in accordance with these Terms and Conditions at the price specified on the Website (including Delivery Costs).
“Forward Order Sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Product” means any item listed on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL www.thatsliving.com.au
and operated by That's Living Pty Ltd.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. That’s Living is not responsible for the content or privacy practices associated with linked web sites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer system.
That’s Living takes no responsibility for any such damage which may arise in connection with Your use of the Website.
All care is taken to ensure that pricing and specifications are current and accurate at time of publishing. However, we take no responsibility for typographical errors or misprints in this site or any printed material published by That’s Living or its suppliers. Any incorrect pricing or specifications will be immediately corrected upon notification to That's Living.
That’s Living reserves the right to cancel supply of goods to You in the event of a pricing or specification error. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable.
All prices listed on the Website are in Australian dollars unless otherwise specified.
All prices listed on the Website include GST unless otherwise specified.
All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once Your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to Orders.
If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including all Goods and associated Delivery Costs.
All prices listed on the Website exclude Delivery Costs, which is shown separately in the Product page but may be recalculated depending on the number of Goods You place in an Order.
You agree to pay all Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
Features and specifications of Products described or depicted on the Website are subject to change without notice. That’s Living and its suppliers reserve the right to change these specifications and features at any time without notice.
All weights and dimensions indicated are approximate.
Some product images appearing on this site or in published material from That’s Living or its suppliers may have been digitally enhanced or manipulated for the purpose of presentation and clarity.
You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘complete order' button.
Orders will be deemed to have been received by That’s Living at the time That’s Living sends an Order confirmation to Your nominated e-mail address.
That’s Living is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
That’s Living, at its absolute and sole discretion, may cancel Your Order at any time prior to dispatch of the Goods, including Products that are sold on Forward Order Sale.
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
That’s Living reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
That’s Living accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
After placing an order, you will automatically be sent an “Order Confirmation” email to the email address you entered during checkout. The subject line will state “Order Confirmation from That’s Living” and will contain your order number, the items ordered, the total of your order and your delivery details. This email is acknowledgment of your order and your receipt.
If you haven’t received an Order Confirmation within 24 hours of placing your order, please contact us by phone or email.
In the unlikely event of us not being able to fulfil your order due to an item being out of stock or any other unforeseen circumstances, we will contact you by telephone or email. You will be offered an alternative product or the option to delay delivery until the next available delivery date for the item required. We will keep you fully informed and you retain the right to cancel the order and receive a full refund of any monies paid.
That's Living accepts payment via PAYPAL, VISA and MasterCard as well as, money orders, cheques or direct deposits. Payments made by cheque, money order or direct deposit will incur a delay in shipment until payments received have cleared the banking process.
Payments made using a credit card are authorised using SSL(Secure Socket Layer) secure credit card facility. We accept: VISA and MasterCard. We process your credit card payment after you click the "Submit Order" button. See our privacy and security policy for more information on how we handle your personal details.
Payment for Orders will be processed immediately upon confirmation of Your Order, including for Products that are listed as on Forward Order Sale.
If Your nominated payment method triggers an alert in That’s Living’s internal transaction protocols, That’s Living may contact You to confirm additional details, or rescind the transaction.
That’s Living sells Goods for Delivery throughout all Australian States and Territories. We are unable to supply goods via the ‘That’s Living Online Shop’ to any regions, states or countries beyond the boundaries of Australia. If you are outside of this area and need to purchase a product from us, please contact us directly by email at: email@example.com
That's Living ships by StarTrack Express to most regions throughout Australia. From time to time, we also use Australia Post and other reputable courier companies to deliver shipments.
That’s Living aims to deliver in a prompt and timely manner. We normally dispatch orders from our distribution centre within 2 working days from the placement of Order. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. That’s Living does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
That's Living online orders are dispatched Monday to Friday only, excluding public holidays. That's Living always attempts to deliver to customers within the stated delivery time frame but cannot take responsibility for circumstances beyond their control that hinder or delay the order. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as theft or damage or a parcel not arriving at a certain time or place.
Payments made by cheque, money order or direct deposit will incur a delay in shipment until payments received have cleared the banking process. Your Order will be shipped once this process is completed.
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by That’s Living and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
That’s Living does not deliver Goods to PO Box addresses.
All deliveries must be signed for. That’s Living strongly recommends that Your Delivery / Shipping Address is an address where someone will be available for delivery during business hours, 9am to 5pm, Mon - Friday.
We also recommend You consider having delivery made to your work address (if your employer allows this) if you are not able to be present at your normal delivery address. (residence for example).
Title and risk in the Goods pass to the Customer on signing for delivery of the Goods.
Where a Customer gives written authority for Goods to be delivered without a signature, any and all included insurance cover will be voided.
That’s Living is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the Customers responsibility to liaise with That’s Living’s nominated courier companies in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by That’s Living to a Customer in relation to delivery will be from a third party, and as such That’s Living does not guarantee the accuracy of such information.
All items are shipped from:
That’s Living Pty Ltd
Unit E Sagewick Estate
Moss Vale NSW 2577
Delivery and handling charges apply to all products delivered in Australia:
Our ‘Up Front’ schedule of delivery and handling charges are:
|Gas Safety Gauge
||$ 5.00 AU
|Electric Convection Barbecue
For multiple purchases on the same order, going to the same delivery address, you pay a discounted delivery fee. This fee will be based on the items purchased and will be displayed during the checkout process. (All prices quoted in Australian dollars)
That’s Living does not provide assembly, installation or product set up services nor are these services included in the price of any product we sell on this site.
However, if you need assistance to set up, assemble or install one of our products, please contact us and we will be happy to advise you of a service provider in your area.
That’s Living will facilitate the repair or replacement of Faulty or Damaged Goods in accordance with terms and conditions of the manufacturer’s warranty.
Where a Good is a Faulty or Damaged Good within the first 7 days after delivery or is already a Faulty or Damaged Good upon delivery, and the Customer notifies That’s Living of the nature of the fault or damage within the first 7 days after delivery, then That’s Living will:
(a) replace the Faulty or Damaged Good with a replacement Good; or
(b) if That’s Living is unable to provide a replacement Good, That’s Living will refund the Customer the purchase price including the Delivery Cost.
Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.
The 7 day period will commence on the date that the Customer accepts delivery of their product from That’s Living. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
Outside of this 7 Day period, faults will be dealt with in accordance with the applicable Manufacturers Warranty and / or relevant contractual terms implied by statute.
Where Goods are already Faulty or Damaged Goods upon delivery, That’s Living requires photographic evidence of the damage to be e-mailed to firstname.lastname@example.org
before authorising return of the Goods.
That’s Living’s suppliers reserve sole discretion to determine whether the Goods are Faulty or Damaged Goods in accordance with these clauses. That’s Living’s suppliers reserve the right to have a Good assessed by an authorised repair centre of their choice.
That’s Living may seek reimbursement of any costs incurred by Us when the Product is found to be in good working order.
Alterations or repairs to products purchased from that’s Living are not permitted without express permission from the manufacturer. Unauthorised repairs or alterations to products purchased from That’s Living will void the manufacturer’s warranty.
Other than in accordance with That’s Living’s 7 Day Satisfaction Guarantee, refunds are strictly limited to those available under clauses implied by statute.
Other than in accordance with clauses in ‘Faulty and Damaged Goods’, That’s Living will only accept the return of Goods that have been supplied incorrectly.
The Customer must comply with directions from That’s Living staff to facilitate a return. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
Delivery and Handling fees (both ways) are non refundable unless the merchandise is damaged or defective.
It is the Customer’s responsibility to ensure that returned items are returned safely. That’s Living takes no responsibility for Goods lost in transit.
All Products sold on the Website are covered by their respective Manufacturers Warranties. (The warranty details for each product can be viewed on our product category pages).
To the extent permitted by law, the warranties referred to in this site are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
That’s Living will carry spare parts for each Product for the length of the Standard Manufacturers Warranty period. That’s Living does not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, That’s Living reserves the right to refuse to supply spare parts where limited stock is available.
Certain legislation may imply warranties or conditions or impose obligations upon That’s Living which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions.
If those statutory provisions apply, to the extent to which That’s Living is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
Alterations or repairs to products purchased from that’s Living are not permitted without express permission from the manufacturer. Unauthorised repairs or alterations to products purchased from That’s Living will void the manufacturer’s warranty.
All products sold through That’s Living are covered by a 7 Day Satisfaction Guarantee: If you are not completely satisfied with your purchase, return it to us within 7 days of delivery and we will refund your purchase price.
Under the That’s Living Satisfaction Guarantee, Freight, shipping and handling costs are to be borne by the purchaser.
All Intellectual Property in any Material on the Website is the property of That’s Living. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
You waive, release, discharge and relinquish any and all claims that you have now or may have against That’s Living which are connected with, arise out of, relate to or are incidental to the use of the Website.
You agree to indemnify and to keep indemnified That’s Living and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by That’s Living arising out of or in connection with the your use of the Website and the use of any That’s Living Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of That’s Living (in negligence or otherwise) is limited (at the option of That’s Living) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that That’s Living shall not be held liable for any indirect or consequential loss.
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of That’s Living (in negligence or otherwise) is limited (at the option of That’s Living) to these Terms and Conditions and those listed in related That’s Living warranties.
We gather personal information about our Customers for the purposes of:
(a) marketing, supplying or delivering our Products to You;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our Products; and
(d) expanding Our business.
Your privacy is important to us. Our customer’s personal details are kept strictly confidential. That’s Living is committed to protecting Your privacy and personal information because of Our ethical and legal commitment to comply with the law and because We know that You care how information about You may be used and shared.
In the process of dealing with Our Customers, We may collect and hold the following types of information:
Information about persons who are Customers or potential Customers as given to Us by those persons, or information obtained from public domain sources such as magazines and newspapers; and
Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom We deal, collected incidentally in the course of dealing with those corporations.
The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
We may, from time-to-time, employ other companies and individuals to perform functions on Our behalf.
For example, We may retain a third party repairer to provide warranty repair. In these circumstances We may disclose personal information to such companies and individuals to enable them to deliver services on Our behalf.
When necessary, customer information will be shared with one or more third parties solely for the purpose of credit card authorisations and order fulfilment.
We respect your privacy and we observe the same policies on your data shared with us either by telephone, instant messaging, e-mail or facsimile.
When browsing the That’s Living Web Site, our Internet Service Provider records your visit and logs the following information for statistical purposes only:
(a) Your server address
(b) Top level domain (for example .com, .au)
(c) The date and time of a visit to the site.
(d) The pages accessed / downloaded.
(e) The type of browser used.
All That’s Living transactions are totally secure. Any payment information you submit will be encrypted and transmitted via a secure connection using SSL encryption (industry standard security). This means that the information you send us cannot be read by anyone other than That’s Living
For security purposes, your credit card details are never stored on a system that is connected to the Internet and is not stored on the That’s Living server. Information and personal details such as your name and address are stored on our server as a convenience to customers and for us to facilitate any customer service enquiries.
These details are kept behind a sign-in gateway, secured by a username and password combination, and by keeping passwords safe, a customer restricts access to their personal details. To further ensure your privacy, make sure you sign out after shopping at That’s Living, especially if you are using a shared computer, for example at your place of work or at a web café. Note that a customer completing an order is automatically logged out after checking out.
You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If You wish to access Your personal information please contact Us at by e-mail at email@example.com
A $40 administration fee will be charged for the retrieval of any personal information.
That’s Living reserves the right to make changes to the That’s Living Website and these Terms and Conditions without notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by That’s Living to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by That’s Living does not preclude its future ability to exercise that or any other power or right.
These Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
Seven day satisfaction guarantee
In order to organise a refund under these terms and conditions, please email firstname.lastname@example.org within 7 days of taking delivery of your product purchased through That's Living. It is important to comply with the directions of That's Living in order to facilitate a refund.
Where a customer requests a refund in accordance with these terms and conditions, the refund will be for the amount of the purchase price excluding the Delivery Cost as specified in the customer’s Order.
The 7 Day period will commence on the date that the customer accepts delivery of their product from That's Living. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
The product purchased from That's Living must be returned within 7 days of requesting a refund under these terms and conditions.
Returned products must be returned in accordance with the Refunds and Returns section of the terms and conditions. This includes being returned in the original packaging, with all accessories and in re-saleable condition
Customers must return the products for which they are seeking a refund at their own cost.
After receiving the returned products, That's Living will issue a refund (as specified in clause 2) as soon as is reasonably practicable and the customer will be provided with e-mail acknowledgement. Where possible, refunds will be processed by reversing the initial customer transaction. That's Living accepts no responsibility for any delays that may occur in receiving the refund as a result of any third-party payment gateway.
That's Living reserves the right to make changes to these 7 Day Money Back Guarantee Terms and Conditions without notice.
If you have a complaint, comment or feedback to offer us in relation to your shopping experience, product experience or fault, website error or a transaction difficulty, please contact us by using the Contact Us facility on this site.
We aim to respond to your request in the shortest time possible.