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Lofti

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Lofti

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Lofti

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Lofti

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Lofti

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Lofti

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Lofti

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Lofti

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Welcome to our terms and conditions of sale and delivery.

These terms and conditions apply to customers located in the AUS ("Customers") who access the Lofti website ("Website"). Please read these terms and conditions carefully before accessing and/or ordering any goods from the Website.

These are the terms and conditions of Lofti Pty Ltd ("Lofti"), which is the company that sells goods to Customers on the Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions.

Lofti's registered address is 13A Stepney St, Stepney SA 5069, ACN 095 147 998, ABN 58 095 147 998

You should print a copy of these terms and conditions for future reference.

The Website is operated by Lofti Pty Ltd, whose registered address is Lofti Pty Ltd, 13A Stepney St, Stepney SA 5069, ACN 095 147 998, ABN 58 095 147 998

If you have any questions about the Website please contact us.

How to order

Select the goods you require from the Website and click 'Add to cart'
Choose the quantity of goods you wish to purchase from Lofti (the default will be one (1) unit). Please note that a limit is set to twenty (20) units per item. To order quantities greater than 20 units per item, please contact us who will be able to assist you with your order
Review your cart and make sure all specifications such as size (see our sizing chart) and colour fit your requirements, then click "Checkout"
If you are a new user you can either check out as a guest, or, can enter an email address and create a username and password for an account. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address
Once you have set up an account or decided to check out as a guest, you will be directed to the shipping confirmation and delivery options page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.
You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Lofti Limited. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.

By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

How the contract for the goods is formed between you and Lofti

After placing your order, you will receive an automated order acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by Lofti.

You will receive an email confirming that Lofti has accepted your order when your order has been processed and is ready for delivery by Lofti.

Once Lofti accepts your order, a contract to purchase the goods from Lofti takes effect between you and Lofti.

The contract to sell goods to you only relates to those goods listed in the confirmation email.

You will not be charged before your order has been processed and is ready for delivery.

However, upon receipt of your order, Lofti will create an authorisation. This will show on your bank statement as a reservation of funds which allocates the money to your order, but this will not be realised until your order has been picked and processed in Lofti warehouse. In the event of us not being able to fulfil your order we will immediately request that your bank cancels the authorisation. If the authorisation still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.

Our goods

A description of the main characteristics of goods can be found on the product pages of the Website.

Prices for goods on the Website appear on the product pages and include all applicable taxes.

Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.

The Website contains a large number of goods and it is possible that, despite our best efforts, some of the goods listed on the Website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible. We will give you the option of reconfirming your order at the correct price or cancelling it.

Price quotations are given on the assumption that no variation in the price will be made by the manufacturer/sole importer and that Government levies remain unaltered. In the event of such changes, the price of any orders placed before the variation will remain the same and no further increases will be passed to you.

Lofti is under no obligation to sell incorrectly priced goods to you at the incorrect price.

Some offers carry a maximum quantity per customer. If this is applicable, this is detailed on the individual offer.

 We reserve the right to cancel the contract between us if we, or our suppliers, have insufficient stock to deliver the goods you have ordered or if the delivery service provider does not deliver to your area.

All specifications are advised by the manufacturer, however these can be subject to change by the manufacturer at any time, without prior warning.

Ex display

Any goods displaying “ex display” on the image are heavily marked down in price to clear. They may have been a display model in one of our stores and as such may show signs of discolouration, slight marks and evidence of prior fitting/use. Faults are NOT of a serious or structural nature and are usually minor marks.

Data protection and privacy

Any personal information provided to us will be processed in accordance with our privacy policy.

Payments

Method of payment

You may pay by Mastercard, VISA, VISA Debit, PayPal and Gift Cards. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in AUS Dollars ($), and if applicable, your card will be charged according to the exchange rate at that time.

Gift cards

Gift Cards can be redeemed by AUS customers only online at Lofti and in branches of Lofti Pty Ltd located in the Australia only). Gift Cards may be exchanged for goods of a higher price than the value stored on the card on payment of the difference. If you do not spend the entire balance on the Gift Card the remaining balance will be stored on the Gift Card. No cash change will be given. Gift Cards may not be refunded, exchanged for cash, used as payment with discount vouchers or taken as deposits. Please treat Gift Cards as cash, we will not accept liability for lost, stolen or damaged cards. Gift Cards are valid for 24 months after purchase. Any balance remaining after expiration of the validity period will be cancelled.

Gift Cards cannot be used to buy further Gift Cards.

Gift Cards cannot be used to purchase goods for delivery outside of the AUS.

Fraud Prevention

To help us prevent fraud, orders of $400 AUS Dollars or more may require a landline telephone number. Card fraud is illegal, and perpetrators will be prosecuted.

We reserve the right to cancel an order if we suspect that there is a risk of fraud.

Shipping + Delivery

Shipping - AUS Delivery

Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.

AUS delivery charges will be confirmed to you, before your order is accepted.

If your order is particularly heavy, it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.

Please note we are currently unable to deliver to PO Boxes.

We will use our reasonable endeavours to deliver the goods or services within the times indicated. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.

AUS Delivery options

Lofti offers the following options for orders – Standard Delivery and Next Day Delivery. Please see below for further information about AUS delivery options.

Delivery times depend on the delivery service selected and the types of goods ordered. Lofti always aims to dispatch all goods in stock as quickly as possible. The maximum AUS delivery lead time for goods is 30 days unless specifically agreed by Lofti with you.

Lofti will use third party couriers. Couriers will require a signature to ensure safe receipt of your goods.

If you are not available to collect and sign on the courier's first visit they may leave a contact number to arrange re-delivery.

The couriers will attempt re-delivery up to a maximum of three (3) times and if delivery is not successful after the third attempt, they will return the goods to Lofti and Lofti Pty Ltd will issue a refund on their behalf. Lofti reserves the right to re-charge the delivery cost for re-delivery.

Standard Delivery

If you select Lofti standard delivery option, Lofti aims to have all accepted orders placed before 6pm dispatched in three (3) to seven (7) working days, excluding Weekends and Public/Bank Holidays

Next Day Delivery

If you select the Next Day Delivery option, and your order is placed and accepted before 7pm Monday to Friday, we aim to have your order delivered to your door within one (1) day provided the next day is not a Monday, Sunday or Public/Bank Holiday. Orders placed after 7pm will take an extra 24 hours to deliver (excludes Monday, Sunday and Public/Bank Holidays).

Next Day Delivery is not available for certain areas of the AUS. If the delivery destination is located in an area where Next Day is not available, your order will be delivered as soon as possible.

Click & Collect

You can get your order delivered to one of our participating stores/branches within the AUS. Once your order has been delivered to your chosen store, you'll get an email confirming it's ready to be picked up.

Your parcel can only be collected within your chosen stores opening hours. Please ensure you have your order number, unique delivery code (from your order collection email) and a form of ID, if you don't have all three, you will not be able to collect your order.

Acceptable forms of ID are:
• Credit / Debit Card
• Valid Passport
• Medicare Card
• Drivers Licence
• Utility Bill

For under 18s:
• Medicare Card
• Savings Book

Please note that if you would like someone else to collect the parcel on your behalf, they will either need proof of your identity or identification with the same surname as yours.

You have up to 28 days to collect your parcel from your chosen store. If you fail to pick up your parcel within this period, it will be returned to the warehouse, you will then need to speak to Customer Services for a refund.

Delivery of Pre-Order Items

If you pre-order goods with a launch date, then we will reserve your goods and hold the whole order until the day before the launch date. We will dispatch the pre-ordered goods via Express Delivery the day before the launch date, if delivery is within the AUS.

Split delivery

Lofti may split delivery of your order into several parcels based on stock availability. You will not be charged extra for this method of shipping. Any additional consignments for delivery in the AUS will be sent using the "AUS Delivery option: Express Delivery".

Free delivery offers

Free delivery offers, when available, only apply to orders for delivery to the AUS Mainland (which excludes). Free delivery offers are sent using Standard Delivery service, please see "AUS Delivery option: Standard Delivery". Free delivery offers cannot be used in conjunction with any other offer, promotion or discount code.

Returns and exchanges

60 Days Cooling Off Period

Please cancel your online order within the cooling off period. You have 60 days to change your mind from the day after you receive your order.

Can I cancel any item that I order?

You can cancel any item ordered online in accordance with the terms in this section apart from:

personalised or bespoke items;
any items which deteriorate or expire rapidly;
magazines;
any items that are sealed for health protection or hygiene reasons if you have unsealed them including but not limited to) cosmetics, duvets, hats, hosiery, lingerie, mattress protectors, mattresses, men’s underwear, perfumery, personal grooming products, pillows and swimwear;
any computer games where the seal on the wrapping has been broken; and
any items that have been inseparably mixed after delivery.

You cannot cancel your contract in respect of pierced earrings, made-to-measure/order goods (e.g. furniture) or perishable goods (e.g. foods) unless they are faulty, damaged upon delivery or incorrect.

Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.

When do I have to cancel my order by?

Your cancellation period ends 28 days after the day on which the items are delivered to you (or someone you nominate to receive the items for you) or you collect your items from one of our stores (AUS Mainland only). If your order consists of multiple items or parts which are delivered on different days, then the cancellation period (in respect of your whole order) ends on the day 28 days after the day on which the last of the items or parts are delivered to you (or a person you have nominated to receive the order).

How do I notify you that I want to cancel my order?

You can cancel by sending an email to sales@lofti.com or by post to:

Customer Returns

13A Stepney St

Stepney SA 5069

You need to give Lofti a clear statement that you would like to cancel which includes your name, address, details of the order you wish to cancel and some contact information such as a telephone number or email address.

You can use the Returns Form, but you do not have to. To use the form, simply print it off, fill it in and, either scan and email it to Lofti at the above email address or post it to Lofti at the address above.

How do I send my items back?

You must return your items by post to the below address no later than 14 days after the day on which you informed Lofti that you would like to cancel your order;

Customer Returns

13A Stepney St

Stepney SA 5069

Any returns are at your own risk. For your protection, Lofti recommends that you return your items via registered post.

You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective. Where an item cannot, by its nature, be returned by post (for example an exercise bike) we charge a collection fee.

The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items). Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return. Return postage is at your own cost and risk.

How much money will be refunded to me?

Lofti Limited will refund you in full for any items you return but will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items.

Lofti Limited will refund you using the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise). You will be refunded no later than 14 days after the day Lofti receives the items you are returning back from you.

In store purchase returns

Please return your purchases to either the store you purchased from or your local store.

Items that are incorrect or require exchange

Please clearly state on the Returns Form the reason for return and whether you require a refund or exchange. Lofti is only able to exchange items for the same product.

Lofti advises that you send items back via registered post. The return address is:

Customer Returns

13A Stepney St

Stepney SA 5069

Personalised items are non-returnable (unless they are defective). Some items are non-returnable for hygiene reasons. Please note that this does not affect your statutory rights.

Items need to be in the original packaging where it forms part of the goods, for example, boxed garments and gift items. Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return and sent to Lofti at your own cost and risk.

You have a legal obligation to take reasonable care of the items while they are in your possession. If you fail to comply with this obligation, Lofti may have a right of action against you for compensation. This applies to all items that are returned.

Once a refund has been issued you will receive a confirmation email detailing the amount which has been refunded and the item(s) Lofti has received back. If a refund or reimbursement is payable to you, Lofti Limited will transfer the money using the same method originally used by you to pay for your purchase. Lofti Limited cannot refund via the original payment then a cheque will be raised to the address on the order (except in the case of a full or part purchase of items using a Gift Card, as detailed below).

If any product purchased with a Gift Card is subsequently exchanged for a product of a lower price, any money owing will only be issued as a Gift Card. If your purchase was partially paid for on Gift Card and a refund is payable to you, your Gift Card will be refunded up to the card's original value, and any outstanding balance owed after this will be refunded via the other payment method originally used for your purchase. If you no longer have the Gift Card used to purchase the returned item(s), Lofti will issue you with a new Gift Card to the value payable to you up to the amount of the card's original value.

Lofti aims to process all returns as quickly as possible and you should receive confirmation of this within a week of having returned the item.

Defective items

In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:

Tier 1: within 30 days* of receiving the defective item, you can choose to receive either:

a repair or replacement; or
a full refund.

Tier 2: if more than 30 days have passed after you received the goods, you can claim a repair or a replacement of the defective item (but not a refund).
Tier 3: if the repair or replacement is not possible, or if it is unsuccessful or cannot be provided to you in a reasonable time, then you can choose to either:

keep the defective item and claim a price reduction (the amount of the price reduction will be determined by Lofti depending on what is reasonable in the circumstances); or
return the defective item and claim a refund (but note that if you have had the goods for more than 6 months, this refund may be reduced to take account of any use you have had from the goods).

* The Tier 1 right to reject, for perishable goods that would not be expected to last for 30 days, lasts only as long as such perishable goods would reasonably be expected to last.

If you think you have received a defective item, please return the items back to Lofti including details where possible of:

Your Order Number
Product Code/Product Name
Details of the fault
Whether you would prefer a refund or a repair or replacement

Returns address

Lofti advises that you send items back via registered post. The return address is:

Customer Returns

13A Stepney St

Stepney SA 5069

Lofti will examine the returned items and notify you of your refund or repair or replacement via email within a reasonable period of time.

Lofti Limited will process any refund due to you as soon as possible and, in any case within fourteen (14) days after the day Lofti confirms via e-mail that you are entitled to a refund for defective items. The refund will be made to the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise).

Where an item is confirmed as faulty, Lofti will bear the reasonable postage costs of returning the items up to the cost of the standard delivery charge. Lofti will not refund any Next Day, Express or other premium component of delivery.

Any goods specified as and supplied to you as 'Competition Goods' are supplied for specialist use and are subject to extreme wear and stress whilst in use. The life expectancy and durability of such goods are greatly reduced and you should note that any claim for failure or wear shall be limited to that of the manufacturers' guarantees. You agree that such use shall be a relevant circumstance for the purposes of Australian Consumer Law. In addition, any parts connected to Competition Goods may be placed under stress and you should take advice from experts prior to purchase of such parts. You should also be aware that manufacturers may limit their guarantees when parts are installed for competition use.

If you have a query about returning goods, please contact us.

Legal

Warranty and limitation of our liability

If Lofti fails to comply with these terms and conditions, Lofti shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of Lofti 's failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Lofti will not be liable for losses that result from its failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time.

(g) other indirect loss, consequential loss, damages or expenses.

Nothing in these terms and conditions is intended to exclude or limit Lofti 's liability for:

(a) death or personal injury caused by Lofti 's negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

(d) defective products under the Consumer Protection Act 1987;

(e) any other matter for which it would be illegal for Lofti to exclude or attempt to exclude its liability.

Whilst Lofti adopts industry standard protections against computer viruses, it is not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.

Nothing in these terms and conditions is intended to affect your statutory rights.

All warranties and guarantees in respect of goods are provided entirely by the manufacturers/AUS importers and are subject to terms contained therein. You are reminded to complete all warranty/guarantee cards/documents upon receipt of the goods where appropriate.

Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Any advice given by our agents or servants during the order process is based entirely upon information provided by you. Where advice is given after visual inspection by our agents or servants, such advice shall amount to an opinion only and we shall not accept liability for any inaccuracies therein. Goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not for any alternative uses to which they may be put. We shall accept no liability for any failure of Goods due to any such alternative use, amendment or modification.

You confirm that you shall comply with any and all rules relating to installation of the goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any goods or not adequately maintained the goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.

Any goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by the manufacturer nor shall we be liable for any failures resulting from any such modification or adaptation.

Events outside our control

Lofti will not be liable or responsible for any failure to perform, or delay in performance of any of its obligations to you that is caused by events outside Lofti 's reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Lofti 's reasonable control and includes (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks; or

(f) The acts, decrees, legislation, regulations or restrictions of any government.

In the event of a Force Majeure Event, Lofti 's performance is deemed to be suspended for the period that the Force Majeure Event continues, and Lofti will have an extension of time for performance for the duration of that period. Lofti will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations to you may be performed despite the Force Majeure Event.

Written communications

Applicable laws require that some of the information or communications Lofti sends to you should be in writing. By accessing the Website, you accept that communication with Lofti will be primarily electronic through e-mail or notices posted on the Website. For contractual purposes, by accessing the Website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Lofti provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Intellectual property rights

Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Lofti Limited, or a member of the group of companies to which Lofti Limited belongs or are used with permission from the owner.

The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

Complaints

Lofti takes all feedback very seriously and aims to deal with complaints as quickly and effectively as possible.

For complaints relating to orders placed through the Website please email contact us. To assist Lofti Limited in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.

Our right to vary these terms and conditions

Lofti reserves the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from Lofti unless:

any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
Lofti notifies you of any changes to these terms and conditions before it accepts your order, in which case Lofti has the right to assume that you have accepted the change to the terms and conditions unless you notify Lofti to the contrary within seven (7) working days of receipt by you of the goods.

Safety warning

Physical activities can be hazardous. The selection and use of suitable equipment requires skill, and you should ensure you are appropriately equipped and trained. In the interests of your safety and the safety of others, you should also ensure that you are properly trained in the techniques you will need to employ in pursuit of your chosen activity. Lofti recommends that you seek and take the advice of a suitably qualified person before purchasing your equipment. Once purchased, the equipment should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.

Governing law and jurisdiction

These terms and conditions shall be subject to Australian Consumer Law.

The courts of Australia shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions including orders for goods. These terms are applicable from 7 March 2021.

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