Terms of service
Overview
Welcome to Living Quarters. The terms “we”, “us” and “our” refer to Living Quarters. Living Quarters operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Our online store is powered by Shopify.
These Terms of Service, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted or modified. Where these Terms are inconsistent with the ACL, the ACL prevails to the extent of the inconsistency.
We may update these Terms from time to time. Your continued use of the Services following any changes constitutes acceptance of those changes.
1. Access and account
By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are accessing the Services with the involvement of a parent or guardian. You consent to any minor dependents in your care using the Services on devices you own or manage, and you accept responsibility for their use.
To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your name, email address, billing, payment and shipping details. You represent that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.
2. Our products
We offer discounted home appliances (such as fridges, washing machines, dryers, dishwashers, TVs, cooking appliances and air conditioners), outdoor and play equipment (including playground sets, trampolines, camping gear and backyard items), and related lifestyle products.
We make every effort to represent our products accurately. However, colours and product appearance may differ from how they appear on your screen, depending on your device and its settings. Subject to your rights under the ACL, we do not warrant that the appearance or quality of products will be identical to how they are depicted online.
All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product and to limit the quantities of any products we offer to any person, region or jurisdiction on a case-by-case basis.
3. Orders
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.
If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address or phone number you provided at the time of the order.
Your purchases are subject to return or exchange in accordance with our Refunds & Returns Policy, which forms part of these Terms. You represent that your purchases are for your own personal or household use and not for commercial resale or export.
4. Prices, GST and billing
Prices are displayed in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation.
Unless otherwise expressly stated, posted prices do not include shipping or handling charges, which are shown at checkout. Prices online may differ from prices in physical stores or stores operated by third parties. From time to time we may offer promotions governed by separate terms and conditions; where those conflict with these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to update it promptly so we can complete your transactions and contact you as needed. You represent that any payment method you use is your own or that you are authorised to use it, and that you will pay all charges incurred at the posted prices, including shipping, handling and any applicable taxes.
5. Shipping and delivery
We deliver to the locations specified on this website. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control.
Risk in the goods passes to you when the goods are delivered to the address you provide, or to a third party you nominate to receive them.
6. Refunds, returns and consumer guarantees
Your rights under the Australian Consumer Law apply in addition to any voluntary policies we offer. Our goods come with guarantees that cannot be excluded under the ACL. If a product fails to meet a consumer guarantee, you may be entitled to a repair, replacement or refund, and to compensation for any other reasonably foreseeable loss or damage, depending on the circumstances.
For full details, please see our Refunds & Returns Policy, which forms part of these Terms. Nothing in these Terms limits your rights under the ACL.
7. Intellectual property
Unless otherwise stated, we own or are licensed to use all copyright and other intellectual property rights in the Services, including their design, layout, text, graphics, logos, images, product reviews, video and audio, and the selection and arrangement of that content. These rights are protected by Australian and other applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material on the Services without our prior written consent, except as permitted by law. All rights not expressly granted are reserved.
The Living Quarters name, logo, product and service names, designs and slogans are our trademarks or those of our affiliates or licensors, and you must not use them without our prior written permission. Shopify’s name and marks are trademarks of Shopify. All other marks are the property of their respective owners.
8. Optional tools
You may be given access to third-party tools that we neither monitor nor control. We provide access to such tools “as is” and “as available” without any endorsement, and, to the extent permitted by law and subject to the ACL, without warranties of any kind. Any use of these tools is at your own risk, and you should familiarise yourself with the relevant third party’s terms. Any new features or tools we add in future will also be subject to these Terms.
9. Third-party links
The Services may contain links to websites operated by third parties. These links are provided for your convenience and do not signify our endorsement. We have no control over, and are not responsible for, the content, accuracy or availability of any linked site. If you leave the Services to access third-party materials, you do so at your own risk, and you should review the third party’s policies before transacting. Complaints regarding third-party products or services should be directed to that third party.
10. Relationship with Shopify
Our store is powered by Shopify, but any sales and purchases you make are made directly with Living Quarters. Shopify is not responsible for any aspect of the sales between you and us.
11. Privacy
We collect, use and disclose personal information in accordance with our Privacy Policy, which is available on this website. Because the Services are hosted by Shopify, some personal information may also be processed by Shopify and may be transferred to or shared with parties located outside Australia in order to provide the Services. By using the Services, you consent to the handling of your personal information as described in our Privacy Policy.
12. Feedback
If you submit ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including operating, improving and promoting the Services.
You represent that you own or have the necessary rights to your Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it. We may (but need not) monitor, edit or remove Feedback we consider objectionable or in breach of these Terms.
Your Feedback must not infringe any third-party right, be unlawful, abusive, defamatory or obscene, or contain any virus or malware. You must not misrepresent your identity or the origin of any Feedback. You are solely responsible for the Feedback you submit.
13. Prohibited uses
You may access and use the Services for lawful purposes only. You must not use the Services, directly or indirectly: for any unlawful or malicious purpose; to breach any applicable law or regulation; to infringe our or others’ intellectual property rights; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send spam, junk mail or similar solicitations; to impersonate any person or entity; or to engage in conduct that restricts anyone’s use of the Services or may expose us or others to liability.
You also must not: upload viruses or malicious code; reproduce, duplicate, sell, resell or exploit any part of the Services; collect or track others’ personal information; spam, phish, spider, crawl or scrape; or interfere with or circumvent the security features of the Services or any related website. We may suspend, disable or terminate your account at any time if we determine you have breached these Terms.
14. Termination
We may terminate this agreement or your access to the Services at our discretion at any time. You will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination — including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Privacy — will continue to apply.
15. Disclaimer of warranties
The information presented through the Services is made available for general information purposes only, and, to the extent permitted by law, we do not warrant its accuracy, completeness or usefulness. Any reliance you place on it is at your own risk.
Except for the consumer guarantees and rights that apply under the Australian Consumer Law and any other rights that cannot lawfully be excluded, and to the fullest extent permitted by law, the Services and all products offered through them are provided “as is” and “as available” without representations, warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Nothing in this section excludes, restricts or modifies any consumer guarantee under the ACL.
16. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
To the fullest extent permitted by law, and subject to the ACL, we (and our directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify) will not be liable for any indirect, incidental, special, punitive or consequential loss or damage, including loss of profits, revenue, savings or data, arising out of or in connection with your use of the Services or any products purchased through them, however caused.
Where our liability cannot be excluded but can be limited, and to the extent permitted by law, our liability is limited, at our option, to the resupply of the relevant goods or services or the payment of the cost of resupply.
17. Indemnification
You agree to indemnify and hold harmless Living Quarters, Shopify and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims (including reasonable legal costs) arising out of: (1) your breach of these Terms or any documents they incorporate; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services. This clause does not apply to the extent a loss is caused by our own negligence or breach.
18. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
19. Waiver and entire agreement
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements or communications.
20. Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms and our rights and obligations without your consent.
21. Governing law
These Terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
22. Headings
Headings are included for convenience only and do not affect the interpretation of these Terms.
23. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We reserve the right to update or replace any part of these Terms by posting changes to this website. Where changes are material, we will notify you in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.