Legals

Company details:
www.elementsaustralia.net.au is a registered domain of Elements Weatherproof Soft Furnishings.

ABN: 97 130 054 189
Australian office: Warehouse 19, 282-284 Chesterville Road, Moorabbin VIC 3189
Note: Returns strictly via freight company only
Telephone number: 0438 596 001
Fax number: (03) 9592 7049
Email address: info@elementsaustralia.net.au


Terms & Conditions:

Products & Pricing
All pricing quoted is Australian Dollars (AUD / AU$)
Delivery charges are priced on application.
 All pricing, products and stock availability are subject to change at any time.

Payment
SecurePay: online credit card transactions accepted by Visa and MasterCard.

Delivery & Shipping
We only deliver cushions within Australia to a physical location. We do not deliver to a PO Box. Upon special request we are able to arrange international shipping. All orders are shipped via courier and must be signed for. Shipping charges vary according to weight and delivery location. A delivery charge will be confirmed at the time of placing your order.
Online orders: Allow up to 10 working days for delivery of your order.
Custom orders: Allow approximately 4 to 6 weeks for delivery of your order.
Elements will advise if your order is delayed for any reason.


Stock Availability
We do not guarantee that all items are in stock. Whilst we endeavor to fulfill all orders, please note some product sizes or colours may not be available at time of purchase. If a product is temporarily out of stock, you will be contacted and informed of the expected delivery date. Please note that fabric colours may vary slightly from those displayed by your monitor.

Return Policy
We have a ‘no returns’ policy, so please order wisely. We offer a service to support you choosing the right cushions determined by your budget and your intended use. We do not accept returns for soft furnishings produced that meet the specifications provided to us by the customer. For further advice call 0438 596 001. Note: ‘Faulty items only’ returns strictly via freight company or registered post only.
  • Elements Weatherproof Soft Furnishings is not responsible for cushions the customer does not like because the fabric colour or texture does not match the colour on their computer monitor or other fabrics at their location. While all care is taken to provide fabric images that closely represent our fabric colours, differences may arise due to factors out of our control – light source, monitor quality, etc – that may cause images to differ from the actual fabric. We highly recommend that you order ‘fabric swatch’ samples before placing your fabric order. Fabric swatch samples are nonrefundable.
  • Elements Weatherproof Soft Furnishings is not responsible for refunding the cost of a fabric swatch sample if said fabric is marked discontinued after the fabric sample is mailed to the customer.
  • Elements Weatherproof Soft Furnishings is not responsible for soft furnishings that are made correctly with incorrect information provided by the customer. Customers must be 100 per cent certain that the dimensions provided are accurate.
  • Elements Weatherproof Soft Furnishings is not responsible for cushions the customer does not like due to the standard placement of fabric ties, seams and/or zipper placement.
  • Elements Weatherproof Soft Furnishings is not responsible for cushions the customer thinks are too thick or too thin even though thay are made correctly based on the dimensions provided by the customer.
  • Elements Weatherproof Soft Furnishings is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
  • Elements Weatherproof Soft Furnishings is not responsible for templates sent to us for use as custom cushion patterns. These templates become property of Elements Weatherproof Soft Furnishings and will not be returned to the customer. Elements Weatherproof Soft Furnishings does not accept old shells to use as templates
  • Elements Weatherproof Soft Furnishings is more than willing to address any of these above mentioned issues in a courteous, professional and timely manner to help the customer achieve the desired result. If the error is due to a customer mistake in ordering, the customer acknowledges and assumes the cost of correcting any mistakes
  • Elements Weatherproof Soft Furnishings is responsible for reworking or replacing soft furnishings made with the incorrect fabric(s).
  • Elements Weatherproof Soft Furnishings is responsible for reworking or replacing soft furnishings when the dimensions vary more than 5cm from the dimensions provided by the customer.
  • Elements Weatherproof Soft Furnishings is responsible for reworking or replacing soft furnishings that are made in the wrong style, eg square/box edged instead of round edge, stripes are in the wrong direction etc.
  • Elements Weatherproof Soft Furnishings is responsible if soft furnishings arrive damaged in some manner and this damage has been noted with the delivery service provider when the product is delivered. It is up to the customer receiving the package to check for damage prior to signing. If you sign for your package(s) without noting packaging or product damage, it makes it very difficult for us to file a claim on your behalf.
Elements Weatherproof Soft Furnishings Responsibilities:
  • Elements Weatherproof Soft Furnishingsis responsible for using the fabric(s) the customer has selected.
  • Elements Weatherproof Soft Furnishingsis responsible for cutting the fabric to within 5cm of the dimensions provided by the customer.
  • Elements Weatherproof Soft Furnishingsis responsible for sewing the cushion(s) in the style selected by the customer.
  • Elements Weatherproof Soft Furnishingsis responsible for the costs of correcting any mistakes that we make if we fail to correctly produce soft furnishings using the correct information provided by the customer, provided that:
a. The customer notifies Elements Weatherproof Soft Furnishings within five working days of receiving the soft furnishing(s).
b. The customer acknowledges that we reserve the right to rework any cushions to correct our mistakes.
c. Soft furnishings that are sent back to our facility for rework will not have been used in any way and arrive back at our facility in the same condition as when they were shipped. This means no stains, pet hair, cigarette or other odors, etc.

Customer Responsibilities:
  • Customers are responsible for providing all information needed to accurately make the cushions ordered.
  • Customers need to be certain of the accuracy of the fabric(s) selected and understand that due to variations in light source, monitor quality, etc., beyond our control, we cannot guarantee that a fabric will look exactly like it does on our web site in terms of color, repeat, etc. If you need precise color matching, please order fabric samples. Fabric samples are nonrefundable.
  • Customers need to be certain that the exact dimensions of the cushion(s) to be made have been accurately provided. Cushion Source will provide a cushion that has been cut to within 10cm of the dimensions provided by the customer.
  • Customers need to be certain of the accuracy of the style of sewing construction (edge finish, piping, ties etc.,) that has been selected.
  • Customers acknowledge that thickness is defined as the measurement from the top of the cushion to the bottom of the cushion and not the measurement of any side banding.
  • Customers need to be certain that all delivery address information is correct, including the post code. Elements Weatherproof Soft Furnishings does not deliver to PO Boxes.
  • Customers are responsible for any costs and delays associated with correcting mistakes made by the customer.
  • If a customer follows procedure to return a cushion and Elements Weatherproof Soft Furnishings deems that said cushion is, in fact, correct based on the customer's order, the customer will be responsible for any costs Elements Weatherproof Soft Furnishings incurs to return the cushion to the customer.

By purchasing from Elements Weatherproof Soft Furnishings, you agree to these terms and/or conditions and all applicable laws.

Elements Weatherproof Soft Furnishings specialises in custom soft furnishings and commits to use the fabric(s) you select to make cushions in the style you select and within 5cm of the dimensions you provide. If you do not agree to the following terms, please do not purchase from Elements Weatherproof Soft Furnishings. EVERY cushion we manufacture is considered made to order, or custom, as we only make cushions based on the measurements that our customers provide to us at the time an order is placed.


Order Changes
Order changes cannot be accepted after one (1) business day of receiving the order, unless the customer agrees to pay the order change fees. These fees vary by order depending on products and materials. 


Cancellations
Elements Weatherproof Soft Furnishings accepts cancellations and order revisions up to one (1) business day from placing the order. There are some exceptions to this depending on if the order is already in the production process (i.e. fabric cutting, etc). All cushion and pillow products appearing on this web site are made to order using customer specifications. Once a custom order is in production and the fabric has been cut to your specifications, the fabric is no longer suitable for use on any future orders, and the order cannot be canceled.

Address Corrections / Redelivery Fees
If Elements Weatherproof Soft Furnishings incurs additional delivery costs and fees due to customer address entry error, the customer will be charged for the additional costs, including but not limited to an $8 address correction fee, a $10 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.


Product Listings
Elements Weatherproof Soft Furnishings strives for accuracy in all item descriptions, photographs, pricing, links and any other product-related information contained herein or referenced on our web site. Due to human error and other determinates, we cannot guarantee that all item descriptions, photographs, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our web site is labeled with an incorrect price due to some typographical, informational, technical or other error, Elements Weatherproof Soft Furnishings shall, at its sole discretion, have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other web sites from Elements Weatherproof Soft Furnishings are provided as resources to customers looking for additional information and/or professional opinion. Cushion Source does not assume responsibility for the claims and/or representations made on these or any other web sites. 


Credit Card Charges, Refunds & Chargebacks
All products and services on Elements Weatherproof Soft Furnishings require 100 percent payment before we can do any work. This is largely due to the custom nature of our work. Elements Weatherproof Soft Furnishings does not retain any credit card information from the checkout process (except billing address information). This is for your security and ours. As a result, if we require additional payments, we may require you to give your credit card information over the phone.
Our card processor attempts to run a temporary transaction on all credit transactions. If this fails, the transaction is not processed. In some rare cases, users with debit card transactions that are declined may see money deducted from their account by their financial institution to cover the temporary authorisation. As the transaction was never completed, we cannot issue any refunds. Elements Weatherproof Soft Furnishings cannot be held liable for any bank charges caused by this. Debit card users assume the full risk. If you wish to know if this will apply to you, please see your financial institutions terms and conditions governing credit transactions on your debit card.
Refunds are only available for sixty (60) days from the time of the original transaction. Afterwards, we can only issue you a check for the amount, minus any processing fees we incurred. You may also elect to receive store credit for the full amount. Refunds can only be issued after being approved by a representative of Elements Weatherproof Soft Furnishings. Refunds to a credit card are simply reversed to that card and typically take two to three business days to complete. Elements Weatherproof Soft Furnishings cannot be held responsible for the speed of a refund of any kind. See your financial institutions rules and regulations as to how refunds are processed.
We guarantee that every online transaction you make will be 100 percent safe. This means you pay nothing if unauthorised charges are made to your card as a result of shopping at our online store.
Elements Weatherproof Soft Furnishings takes unwarranted credit card charge backs very seriously. A criminal or fraudulent charge back is when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place or receive the order. In almost all cases, the order is requested for delivery without a signature, as proof-of-delivery allows the merchant to successfully dispute the charge back. Online/mail-order merchants who are unable to obtain a printed signature from the customer are the victims. Please note that charging back an order when that order was shipped and received is theft. Fraudulent charge backs hurt honest customers by forcing online merchants to raise prices to cover cost or delay shipping when a request is made to ship without a signature. All credit card charges will appear on your credit card statement.
We report all wrongful or fraudulent charge backs to your local police, your local bank, our merchant service (credit card processing company) and the Federal Bureau of Investigations Department. Credit card fraud is a felony, and we will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.
Elements Weatherproof Soft Furnishings reserves the right to change the prices of products sold on this web site at any time. All prices are in Australian dollars. All credit card charges must be paid in Australian dollars. The term ‘credit card holder’ as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. 


When you complete an online purchase from Elements Weatherproof Soft Furnishings using a credit card for payment, you agree to the following terms and conditions:

  1. By providing a credit card and billing address for that card, you represent that you are the credit card holder or that you are an authorised representative of the credit card holder.
  2. If you are not the credit card holder, you represent to Elements Weatherproof Soft Furnishings that you have made the credit card holder aware of the purchase in advance.
  3. Should you have a problem with your purchase, you will contact Elements Weatherproof Soft Furnishings to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company.
  4. To threaten a charge back to alter purchase price after an order is placed is extortion, which is a felony and a Federal offense. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department. We will prosecute to the full extent of the law.
  5. We do address verifications for every credit card. Orders that request delivery to an unverified address will require that we contact the actual owner of the credit card by phone.
  6. An unauthorised credit card charge back after an order has been placed is known as friendly fraud or charge back abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the charge back with proof of delivery and, as required, file a report with the police, FBI and the following credit reporting agencies that will negatively affect your credit history.
  7. Original orders processed in error, with improper address, a wrong phone number, a declined or expired card, etc. will require that a new order only be shipped to the billing address of the credit card.
  8. We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase.
Privacy & Security
Elements Weatherproof Soft Furnishings respects your privacy and recognises your right to protection of all personal information you provide us with, including your name, address, telephone number and email address.
Information provided by you to Elements Weatherproof Soft Furnishings will be used to process your order and ascertain customer satisfaction in relation to this service. Elements Weatherproof Soft Furnishings may release appropriate information to third parties such as delivery companies to assist with the fulfillment of your order.
We guarantee that we will not sell any personal information collected from you. Elements Weatherproof Soft Furnishings uses SecurePay as our payment gateway partner for credit card payments. SecurePay automatically encrypts all sensitive credit card information sent between your computer and SecurePay’s servers and does not share this information with Elements Weatherproof Soft Furnishings. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
 
To find out more about how SecurePay protects buyers, visit www.securepay.com.au.
 
Applicable Law
By accessing Elements Weatherproof Soft Furnishings online, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Elements Weatherproof Soft Furnishings Pty Ltd or its affiliates.
 
Site policies & modification
Other policies, such as our pricing and availability policy also govern your visit to Elements Weatherproof Soft Furnishings. We reserve the right to make changes to our site, policies, and these conditions of use at any time.
 
Copyright
All products, designs, images, logo, slogan and text featured on this website are protected by copyright © (Copyright Act 1968) and are for personal reference only.
Permission to reproduce any part of the website; including use of logo, images and copy must be sought in writing from Elements Weatherproof Soft Furnishings and will be subject to:-
Your acknowledgement that Elements Weatherproof Soft Furnishings is the copyright owner; no official connection is claimed; the material is made available without charge or any cost; and the material is not subject to inaccurate, misleading or derogatory treatment.
© Elements Weatherproof Soft Furnishings 2009-2010
We welcome your comments on any aspect of our site.
This statement is current at 9 June 2010.