Terms and Conditions

Part A - Terms and Conditions for Website Use

This website is owned and operated by EZSPACE PTY LTD  (ABN 51 636 115 243) [EzSpace].

​Use of this website is subject to these Terms of Use.

Disclaimer Of Liability

​General Disclaimer

EzSpace is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Please read the full Terms of Use.

Please note: EzSpace reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

Images of goods published on this website without any advertised price besides that image are not offered for sale. Photographs are for illustrative purposes only and may vary from the goods depicted or described.

EzSpace may, at any time, add or remove content from this website without notice.

Any articles, information or content published on this website must be read subject to these Terms.

Although EzSpace uses its best endeavours to confirm the accuracy of any information published on this website, you agree that EzSpace cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to EzSpace or by manufacturers or suppliers changing product specifications without notice to EzSpace. You agree to make your own enquiries to verify the information provided and to assess the suitability of products before you purchase.

The dimensions, aside from all the mandatory requirements listed in the published Australian standard for bunk beds, can contain differences of one to three centimetres, which is known as a production error. Placing an order with us means you acknowledge the possibility of this production error and are happy to proceed while knowing there may be a difference of one to three centimetres for your purchased item.

The information, materials and services on this website are provided as a recommendation and for general information purposes only. It is current at the time of its first publication. It is not legal or other professional advice or is intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any errors or omissions in any information, material or service, via Customer Service Team.

This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, EzSpace does not in any way represent that EzSpace recommends or endorses the relevant advertiser or its products or services.

EzSpace nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold EzSpace liable for any delays, inaccuracies, or errors in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

EzSpace may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activity entirely at your own risk. EzSpace does not accept any responsibility in connection with your participation in activities conducted by any other party.

Whilst we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors may occur. We may choose not to fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. We are not liable to you or anyone else for any Loss in connection with the use of this website or a linked website. EzSpace does not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, the information contained on, or accessed through, this website. To the maximum extent permitted by law, EzSpace disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for the purpose of this website or the information that it contains.

The use of the information on this website is at your own risk. To the extent permitted by law, EzSpace excludes all liability for any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and the third party claims. If any liability is not able to be excluded by law, EzSpace limits its liability for the re-supply of relevant products, information or services. This general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers.  

Specific Warnings and Disclaimers

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We do not warrant that your access to the website will be uninterrupted or error-free or that any defects will be corrected.

We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of EzSpace) will EzSpace be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website.

​All Goods purchased from EzSpace are intended for personal non-commercial use only. 

From time to time, EzSpace restricts the quantity of Goods which can be purchased in one Order/Transaction, or by one person, household or address during a particular period of time. Any quantity restrictions will be stated on the online product page, in advertising materials or otherwise advised by EzSpace. 

​EzSpace may reject or cancel any order(s) it deems to be in violation of its product quantity restrictions in its total discretion. 

To the fullest extent permitted by law, EzSpace's liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of EzSpace to the following:

​In the case of services supplied or offered by EzSpace, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by EzSpace, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.

In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do, these special meanings are set out in the "General" section.

​The Terms of Use are effective until terminated by EzSpace and EzSpace may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

Intellectual Property Rights

​You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, information, layout, the arrangement of them, sound recordings, all software relating to this website and the compilation and organisation thereof, and all intellectual property rights contained therein are owned by EzSpace, or in some cases, a third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. Those works are protected by intellectual property laws around the world. All such rights are reserved.

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.

Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. EzSpace makes no representations or guarantees that your use of the information on this website will not infringe on such intellectual property rights.

You may view this website and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of EzSpace or, in the case of third party material, from the owner of the copyright in that material.

You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile, disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

If you correspond or otherwise communicate with EzSpace, you automatically grant EzSpace an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.​

Trade Marks

Product and company names mentioned in this website may be trademarks of other people or entities.

​Nothing contained in the website should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the website without the express written permission of EzSpace or any third party owner.

Linked Websites

This website may contain links to other websites, content or resources which are owned or operated by third parties. These linked websites are not under EzSpace’s control and EzSpace is not responsible for the operation, availability or content of any linked website or any link contained in a linked website. EzSpace provides these links to you for convenience only and the inclusion of any link does not imply EzSpace’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, EzSpace disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

EzSpace reserves the right to prevent third parties from linking to this website.

Secure Data and Transmissions

Given the nature of the internet, EzSpace cannot guarantee that any data transmission is totally secure, free from viruses, faults or other conditions which could damage or interfere with your computer systems and EzSpace does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst EzSpace takes precautions to protect information, EzSpace does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. 

However, once EzSpace or its third party receives your transmission, EzSpace and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.

You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither EzSpace nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

Privacy Policy

Our website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

Cookies

EzSpace uses two types of cookies on this website. These are session cookies and permanent cookies.

Session Cookies

Session cookies are only used to let our site know that you are the same person wherever you go on our site during a session. For example, if you put a product in your shopping bag and go to check out, we need to know that it is you on the check out page and you have ordered that product.

​Upon closing your browser, the session cookie set by this website is destroyed and no personal information is maintained which might identify you should you visit our website at a later date.

​Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.

Permanent Cookies

To enable EzSpace to recognise each time your browser visits the EzSpace website it downloads a cookie onto your hard drive.

Through the use of the cookie EzSpace is able to:

(a) recognise your browser each time it visits our site; and

(b) track which pages you visit while at our site.

EzSpace may use this information to build a consumer profile about you, which may allow it to tailor offers or marketing material that may be of interest to you.

As with all of your personal information, EzSpace will not provide this to third parties without your consent, except where:

(a) such disclosure is permitted under the Privacy Act 1988;

(b) EzSpace is required by law to disclose information to third parties; or

(c) EzSpace has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.

Use of Your Information and Material

EzSpace appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of EzSpace. EzSpace may use, reproduce, disclose, publish, modify, adapt and transmit them to others without restriction or any obligation to compensate you.

Other Ways We Track Site Activity

Upon purchasing an item online, you will receive servicing emails confirming details of your order, possibly including a request to write a review. You have the opportunity to unsubscribe from product reviews and all other marketing emails by clicking on the link in the email. This will unsubscribe you from future marketing emails.

General

These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendments to these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

​In this website:

"EzSpace" means EZSPACE PTY LTD  (ABN 51 636 115 243) and its subsidiaries unless otherwise specified.

​"Consumer Guarantee" means any guarantee applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.

​"linked websites" means websites of persons or entities other than EzSpace which are hyperlinked from this website.

​"personal information" means any information from which your identity is apparent or can be reasonably ascertained.

​"website" means the whole or any part of the web pages located at  (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

"We" and "us" refer to EzSpace and "our" have the same meaning.

Governing Law and Jurisdiction 

These Terms are governed by and construed in accordance with the laws of Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australian Capital Territory, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than the Australian Capital Territory, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

EzSpace makes no representation that the content of this website complies with the laws of any country outside Australia.​ Nothing contained in these Terms of Use derogates from EzSpace's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by EzSpace with respect to that use.

Part B - Terms and Conditions of Sale 

About EzSpace

Your purchase of goods from www.ezspace.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Website Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

You and EzSpace may enter into a sale contract for the sale and supply of products, by making an offer to EzSpace via the website, to purchase goods at the specified price, subject to these Terms.

In these terms:

- “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
- a reference to a “third party” in these terms includes a reference to any agent or contractor of EzSpace and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
- a reference to the "website" means www.ezspace.com.au.
- "Order" means an offer made by you in response to an invitation to treat made by EzSpace via the website.

User Agreement

By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendments to these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend that you review the terms for amendments each time you use the website before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Guests and Registered Users

You may access and/or use the website as a guest or as a member.

To become a member of the website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer Service Team.

We only permit one registration per email address.

You must not use another members’ account without permission.

You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

We reserve the right to terminate a member’s account without notice for any reason whatsoever, including without limitation, if you have breached or we suspect you have breached these terms.

Legal Capacity

You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

  • are over the age of eighteen (18) years;
  • accept these terms;
  • agree that you have entered into a legal contract with EzSpace in relation to these terms; and these terms, together with your order, constitute the entire agreement between you and EzSpace for the supply of products.

EzSpace reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed for any loss or damage EzSpace may suffer as a result of a transaction entered into by a minor.

Orders

Please choose carefully as refunds are not normally provided where you have simply changed your mind or made a wrong selection. We recommend that you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

You and EzSpace will enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

placing an electronic Order for the products using the website;

you confirming the Order details in accordance with the procedure on the website; you making payment in full (plus any applicable delivery charges) on the website; and the acceptance of that offer by EzSpace.

Once you have placed your Order, you cannot cancel or revoke your Order unless expressly provided for in these Terms.

When entering into a sales contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

any requirements set out in these terms have been met;

the electronic instruction containing the offer from you enters and is recorded in our database;

a record is created and stored in our database; and

EzSpace receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

You acknowledge that:

the transmission of your offer or the confirmation of any payment made through an electronic instruction may not be received by EzSpace for reasons beyond either parties' reasonable control, including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

to the extent permitted by law, EzSpace is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

EzSpace may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

EzSpace may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

You will receive an email from EzSpace as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team.

If your Order is not accepted by EzSpace, EzSpace will notify you by email and arrange for a full refund of any payment made by you to be processed.

EzSpace may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

Any representations made about stock availability are accurate to the last known stock level and are subject to change. If EzSpace cannot supply a particular product, EzSpace will notify you by email as soon as possible.

EzSpace will be deemed to have accepted your Order when your Order is delivered to your specified delivery address.

Price

Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery or handling charges.

Prices are subject to change.

Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of EzSpace.

Images of products shown without any advertised price beside that image are not offered for sale.

Unless otherwise stated, any accessories shown in any image of the product are not included in the price.

We reserve the right to correct any errors published on the website.

Payment

All payments must be made in full prior to delivery.

Payments must be made via Stripe, Afterpay or Latitude PAY secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Supply and Delivery

Subject to you complying with these Terms and acceptance of your Order by EzSpace, EzSpace will sell and supply the products to you as shown on your Order confirmation.

Products may not be available for immediate delivery. EzSpace will endeavour to deliver your Order to you within 14 working days of the date you placed your Order for a small item, such as Kitchen bins. 

Items of furniture are generally not held in stock and will be required to be ordered or pre-ordered. You agree that your Order for any item of furniture may take up to eight (8) - sixteen (16) weeks to be delivered to you from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers. EzSpace will contact you on or about the time we receive your Order to notify you of the indicative delivery date. 

Other than in respect of Orders for furniture, regional or remote areas, if EzSpace gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order, and EzSpace will arrange for a refund.

Delivery times may be greater than 14 business days for regional or remote areas for small/in-stock items and greater than 16 weeks for furniture.

Delivery times are estimates only and EzSpace does not guarantee delivery of products on or by any estimated delivery date. In no event shall EzSpace be liable to you for any costs, fees, penalties, or price reductions as a result of any failure to deliver products in accordance with any estimated delivery dates.

Delivery times are not guaranteed during the COVID-19 period or any events or accidents that happen out of the control of EzSpace. 

Delivery by Courier

The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

If you wish to change the delivery date or delivery address, you must let our Customer Service Team know at least 72 hours prior to the dispatch of your Order. 

EzSpace will use its best endeavours to deliver your Order within any stated timeframe for dispatch, however EzSpace does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

You must advise at the time you place your Order via the website or later when you discuss delivery with EzSpace, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

EzSpace cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Secure payment gateways and credit card fraud

The website employs the latest from Stripe, Afterpay or Latitude PAY secure payment gateways to secure our payment systems.

To the extent permitted by law, EzSpace will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card, Stripe, Latitude PAY or Afterpay account is fraudulently used or is used in an unauthorised manner.

Disclaimer and Indemnity

To the extent permitted by law, EzSpace excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

errors, mistakes or inaccuracies on the website;

you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

personal injury or property damage of any kind resulting from your access or use of the website;

any unauthorised access to or use of the website's secure servers;

any interruption or cessation of transmission to or from the website;

any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

quality or fitness for any purpose of any linked sites.

Except as expressly provided in these terms, and to the fullest extent allowed by the law, EzSpace and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

All furniture, unless specified, comes as flat packages. Installation is at your own risk and cost and we are not liable for any loss or damage during transit or the installation process. 

You will at all times indemnify, and keep indemnified, EzSpace, including its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

Order Enquiries

If you have any query about the progress of your Order please contact the Customer Service Team. Please have your Order number handy as shown on the email. 

Privacy and Personal Information

Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

The privacy of your personal information is important to EzSpace.

EzSpace and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Service Team. Personal information may include your name, residential and/or postal address, telephone number and email address.

Your personal information is not collected if you only browse this website.

Online payments are handled by third parties. EzSpace does not store your credit card or banking details. 

You agree that EzSpace and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that EzSpace thinks may be of interest to you. If you would prefer not to receive promotional or other material from EzSpace, please let us know and EzSpace will respect your request. You also agree that EzSpace may contact you by telephone to arrange the delivery or collection of your Order.

You may request EzSpace to remove your personal information from its database by emailing the Customer Service Team.

For further details about EzSpace’s privacy practises please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our Customer Service Team.

Force Majeure

EzSpace will not be liable for any delay in performing any of their obligations if such delays are caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Governing Law

These terms will be governed by and interpreted in accordance with the laws of Australian Capital Territory, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Australian Capital Territory, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

If you access the website in a jurisdiction other than Australian Capital Territory, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. EzSpace makes no representations that the content of the website complies with the laws of any country outside Australia.

Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and EzSpace.

Transfer and Assignment

If EzSpace merges, sells or otherwise changes control of its business or its website to a third-party, EzSpace reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that EzSpace has collected from you and any agreements it has made with you.

Waiver

The failure by EzSpace to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by EzSpace.

Part C - Refund, Return and Repairs Policy

At EzSpace we want our customers to be completely satisfied with their purchases. We, therefore, recommend you read our Refund, Return and Repairs Policy prior to you making a purchase from EzSpace, so you are familiar with our policy on refunds, returns and repairs and your rights under the Australian Consumer Law.

We also recommend you immediately inspect any goods that we deliver to you to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you. 

If you have any questions about this policy, please contact Customer Service.

Cooling Off Period

If you request cancellation of the Order within 24 hours after placing an order with us. To do this, you must advise our Customer Service team in writing. 

We will issue you with a store credit voucher via email in an amount equal to the total purchased amount you paid for your order. Credits are issued in the form of store credit. Store credit voucher codes are valid for one (1) year from the date of issue.

If you prefer the credit to be paid in the form of the original payment method, you will also be responsible for a transaction fee of 4% of your total purchased amount which is non-refundable or remains payable by us. 

You still have the right to cancel your order after the Cooling Off Period. Please see below for details. 

Cancellation before Shipment

You still have the right to cancel your Order after the Cooling Off Period. 

If the purchased items are not shipped yet and you decide to cancel. You must advise our Customer Service team in writing. 

Within 10 business days, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product. Credits are issued in the form of store credit. Store credit voucher codes are valid for one (1) year from the date of issue.

If you prefer the credit to be paid in the form of the original payment method, you will also be responsible for a transaction fee of 4% of your total purchased amount which is non-refundable or remains payable by us and 4% of your total purchased amount for administrative costs. We may also deduct any other costs, such as government taxes or costs we cannot recover.

Change of Mind

Please choose carefully as full refunds are not normally provided where you have simply changed your mind or made a wrong selection. We recommend carefully previewing any orders before adding them to your shopping cart and proceeding with your order. 

If you change your mind after receiving the purchased product, you may return it to us within 30 days of the date you received it, no questions asked [conditions apply].

Non-returnable items excluded from all change of mind returns include:

  • Products described as "made to order"
  • Mattresses, bedding, pillows and sofa covers
  • All forms of clearance stock (e.g. warehouse, display centre, floor stock, etc.)
  • Clearance items
  • Personalised items
  • Gift Cards
  • Orders for commercial or non-domestic use
  • Items purchased in-store from a display centre and taken away at the same time of the sale. (Excludes items purchased in-store where the delivery method is Click & Collect)

You will be responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes the cost of shipping the item to you in the first place and the cost of shipping it back to us. 

Items returned must be in 'as-new' condition. This means you have not used, assembled, damaged, washed or laundered any of the items. Please return the items secured in their original packaging. If you cannot return an item 'as new' in its original packaging, the handling and restocking fee may apply up to 70% of the value of the item.

Within 10 business days of receiving your return, and subject to confirming it is in 'as-new' condition, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product, less the cost to ship the product to you and the return shipping back to the warehouse. Credits are issued in the form of store credit. Store credit voucher codes are valid for one (1) year from the date of issue.

If you prefer the credit to be paid in the form of the original payment method, you will also be responsible for a transaction fee of 4% of your total purchased amount which is non-refundable or remains payable by us and 4% of your total purchased amount for administrative costs. We may also deduct any other costs, such as government taxes or costs we cannot recover.

Goods Damaged in Transit

When shipments leave EzSpace’s warehouse, they are in good condition or the courier will not accept them. You are liable for checking for evidence of damage or loss before signing for any shipment. You should not accept any shipment that has apparent damage until the courier notes and acknowledges such damage in writing.

You should keep the original packing materials in case there are any defects or damage that needs to be reported. You are responsible for filing all claims for damages directly with the courier. 

If any product ordered by you arrives damaged or is not of acceptable quality, you may have:

  • rights under the Refund Policy;
  • legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
  • to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

Please choose carefully as EzSpace will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

If an item arrives and the packaging or the item itself is clearly and significantly damaged, please take photos or video showing the damage, refuse to accept the delivery and contact the Customer Service Team

If you notice that an item is damaged after it has been delivered to you, please take photos or videos clearly showing the damage; photos of the whole damaged panel including the SKU ID must be included, and contact the Customer Service Team via email within 3 business days of receiving your delivery. Any damage reported after 3 business days will be at your own cost if a repair or replacement is needed. 

Once the damage has been fully assessed by EzSpace, we may offer a remedy. Please ensure that you respond to the remedy offer within 10 business days after receiving the offer via email. If no response is received after 10 business days, the offer will no longer be valid. 

The type of remedy we offer will depend upon the circumstances. For example, we may arrange to:

  • Suggest a self-repair (with an offer of compensation to you)
  • Arrange a repair by a local tradesperson in your area (with an offer of compensation to you)
  • Offer a partial or full store credit voucher or refund
  • Replace the product (subject to availability)
  • Arrange for the product to be returned to us 

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

The Faults and Warranties policy does not cover:

  • Normal wear and tear
  • Damage arising from improper assembly or modification
  • Damage arising from abnormal use or abuse
  • Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
  • Damage to external or product packaging only
  • Damage occurring during your own handling and transportation of goods
  • Insignificant minor variations in dimensions, colour, grain or finish
  • Insignificant minor imperfections or superficial blemishes
  • Standard production error as mentioned in this contract 

Lost consignment/Items

Consignment (your order) will be considered “Lost” where tracking information is inconclusive (40 business days waiting periods apply, counting starts after the estimated delivery date on your provided tracking) or a confirmation letter of lost article is received from the Courier. 

Lost consignments will either be replaced with the same, equivalent or a compensation may be offered (terms and conditions apply).

Claims must be made within 7 days of when goods should have been delivered.

The definition of "lost consignment" excludes consignments where an “Authority-to-Leave” card has been signed or deliveries re-directed by the receiver. 

    Wrong item delivered

    Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, please let us know as soon as you can, ideally within 3 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pickup and return of the incorrectly shipped item at no cost to you.

    Faults and Warranty Claims

    EzSpace warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. 

    All goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    Guarantee

    EzSpace is guaranteed against faults in construction and material for a period of three years from the date of purchase for furniture. EzSpace is guaranteed against faults in construction and material for a period of five years from the date of purchase for mattresses. EzSpace is guaranteed against faults in construction and material for a period of one year from the date of purchase for small items, such as bins or the “Paper” collection on our website. We do not accept responsibility for any natural characteristics of materials used or any slight dents or marks occurring during transportation.

    Please contact our Customer Service Team with proof of purchase and all details of the fault.

    This guarantee does not exclude any conditions or warranties implied by the Commonwealth Trade Practices Act, or by state legislation. The three-year guarantee is not transferable.

    Agreement to cooperate 

    You agree to act in good manners and cooperate with EzSpace whenever evidence is needed or requested during the return, refund, replacement or any other related processes. EzSpace will terminate our services to you immediately if any verbal, mental, or psychological abuse is used. 

    Refunds

    A refund will normally be processed in 10 business days. 

    Delivery Charges

    Where EzSpace considers the goods to have breached a consumer guarantee, any shipping costs to return the goods to EzSpace will be at EzSpace’s cost.

    Returns and Repairs

    You may return the goods we have delivered to you by mail by contacting our Customer Service Team.

    Goods must be returned within a reasonable time. This timeframe may vary from product to product and may depend on the type of product you purchased and the price you paid for it.

    If any goods cannot be easily returned to us due to their size, the fault or because they have been affixed or installed in your premises, please contact our Customer Service Team and we will arrange an inspection to assess the goods.

    Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description.

    You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with indicative fees, which fees may vary due to reasons beyond our control.

    All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You maybe entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You maybe also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given.

    There may be circumstances where you are not entitled to a remedy.

    For further information on Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.