Terms & Conditions

GENERAL

These Terms and Conditions apply to each purchase from AURA made through any process including:

  • The AURA Designs Co Pty Ltd (AURA) website ( bedroomsbyaura.com.au)
  • By phone (1300 AURA BED – (1300 287 223) OR (08) 9309 9155)).
  • Or in-store (2/40 Berriman Drive, WANGARA, 6065 WA)

AURA advises that before completing a purchase by any form of payment, the customer reads and understands these Terms and Conditions. Any questions should be clarified with AURA management or staff prior to payment in full (completing the purchase).

By finalizing payment in full you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.

However, if you do not or cannot accept these Terms and Conditions in full and without modification, you must resolve the matter with AURA management before completing the purchase.

We may revise and update these Terms and Conditions at any time and customers are advised to check the current Terms and Conditions prior to each purchase. These are updated on the website from time to time.

These Terms and Conditions are intended to comply with Australian consumer law and may apply in Australia only. International customers must check with AURA management for any specific Terms and Conditions that may apply, prior to finalizing each purchase.

While AURA aims to ensure that the information in this document is correct, sometimes errors do occur for which we apologize. In each case every effort will be made to quickly resolve the matter to the satisfaction of all parties.

1.     DEFINITIONS

1.1.     “AURA” shall mean AURA Designs Co Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of AURA Designs Co Pty Ltd.

1.2.     “CUSTOMER” shall mean the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorization or other form as provided by aura to the customer.

1.3.    “GUARANTOR” means that person (or persons) who agrees to be liable for the debts of the customer on a principal debtor basis.

1.4.    “GOODS” shall mean all goods supplied by aura to the customer (and where the context so permits shall include any supply of services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by aura to the customer.

1.5.    “SERVICES” shall mean all goods and services supplied by AURA to the customer and includes any advice or recommendations (and where the context so permits shall include any supply of goods as defined above).

1.6.    “PRICE” shall mean the price payable for the goods as agreed between aura and the customer in accordance with clause 4 of this contract.

2.     WARRANTY

2.1.    AURA provides a warranty statement on its website. This Warranty is available on request from AURA. The information that follows is in addition to the separately available warranty statement.

2.2 Consumer Warranty

2.2.1. You are at least 18 years of age

2.2.2. The benefits provided in the AURA Warranty are in addition to other rights and remedies of the consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates.

2.2.3. This Warranty shall not affect the consumer’s statutory rights which take priority in all cases

2.3. Manufacturers’ Warranty

2.3.1. AURA beds all come with a 1 year manufacturers’ warranty unless stated otherwise for any item. In this case the Warranty period is as specified by the manufacturer

2.4. Exclusions: The Warranty will not apply to:

2.4.1. Electrical faults: AURA does not warrant the lighting, speakers and any other electrical elements in the bed as the buyer may cause overheating or damage to the lighting and electronics by using incorrect voltage or by making unauthorized alterations or other forms of incorrect use

2.4.2. Repairs to a product which made or attempted by a service provider other than one approved by the manufacturer or AURA

2.4.3. The product has not been used or maintained in accordance with the manufacturer’s instructions as provided by the manufacturer

2.4.4. The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure

2.4.5. The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.

2.4.6. The product is tampered with in any way

2.4.7. The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

2.5. Company Repair, Replace or Refund policy

2.5.1. AURA goods come with a guarantee to repair, replace or refund in compliance with Australian Consumer Law.

2.5.2. This guarantee is contained in our separate Repair, Replace, Refund Policy that is available on our website and by request from AURA

2.5.3. In the event of a damage, wrong item delivery missing items or other such claim, AURA will liaise with the customer to assess the matter and make a determination quickly as to the best option for its rectification

2.5.4. This process is detailed in the Repair, Replacement, Refunds Policy

2.5.5. The exclusions and provisos that apply to the AURA Warranty apply to this policy.

2.6. Exclusion of Implied Warranties:

2.6.1. Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, AURA is entitled to limit its liability as set out above for a breach of a guarantee.

2.7. Consumer Guarantee Remedies

2.7.1. The Manufacturers’ Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used.

2.7.2. The Warranty is not transferable and does not cover products used for commercial purposes.

3.      ACCEPTANCE

3.1. Any instructions received by AURA from the customer for the supply of Goods and/or the customer’s acceptance of Goods supplied by AURA shall constitute acceptance of the terms and conditions contained herein.

3.2. Where more than one customer has entered into this agreement, the customers shall be jointly and severally liable for all payments of the Price.

3.3. AURA may discontinue the supply of Goods to the customer at any time, but will only do so in a fair and reasonable manner

3.4. Upon acceptance of these terms and conditions by the customer the terms and conditions are binding and can only be amended with the written consent of AURA.

3.5. Goods are supplied by AURA only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

4.      PRICE AND PAYMENT

4.1  Price

4.1.1. At AURA’s sole discretion the price shall be either as indicated on the invoices provided by AURA to the customer in respect of goods supplied; or

4.1.2. AURA’s price at the date of order of the goods according to AURA’s price list, as confirmed by AURA’s order confirmation.

4.2. Payment methods are:

4.2.1. Credit card, Visa/Mastercard or other approved card

4.2.2. EFT company deposit

4.2.3. Commonwealth Bank branch deposit (quote name or invoice number)

4.2.4. Cash or cheque in store (order will not be placed/released) till funds are cleared

4.2.5. AURA also has 12-month interest free finance available.

4.2.6. GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.

4.3. Payment to secure

4.3.1. A non-refundable deposit may be required, at AURA’s sole discretion

4.3.2. For all promotion stock, a 100% payment is required to lock in the price

4.3.3. 50%-75% is payable on placing a custom made order and the balance prior to, or on delivery of the order.

5.      DELIVERY OF GOOD

5.1. At AURA’s sole discretion delivery of the goods shall take place when the customer:

5.1.1. Takes possession of the goods at aura’s address; or

5.1.2. Takes possession of the goods at the customer’s nominated address (in the event that the goods are delivered by aura’s or aura’s nominated carrier); or

5.1.3. The customer’s nominated carrier takes possession of the goods in which event the carrier shall be deemed to be the customer’s agent

5.2. At AURA’s sole discretion the costs of delivery are:

5.2.1. Included in the price; or

5.2.2. in addition to the price; or

5.2.3. Applied to the customer’s account.

5.3. The delivery time or date given by AURA to the customer is an estimate only and is subject to manufacturing, shipping and delivery schedules and other events that are outside the control of AURA.

5.4. The customer must still accept delivery of the goods even if late and AURA will not be liable for any loss or damage incurred by the customer as a result of the delivery being late.

5.5. The failure of AURA to deliver on time shall not entitle either party to treat this contract as repudiated.

5.6. AURA shall not be liable for any loss or damage whatsoever due to failure by AURA to deliver the goods (or any of them) promptly or at all, where due to circumstances beyond the control of AURA

5.7. AURA undertakes to keep the customer informed of the delivery date/time as information becomes available.

6.      RISK

6.1. AURA retains ownership of the goods and assumes all risk until delivery, when the risk passes to the customer on delivery (sign-off by the customer or an appointed representative)

6.2. If any of the goods are damaged or destroyed following delivery, but prior to ownership passing to the customer, AURA is entitled to receive all insurance proceeds payable for the goods.

6.3. The production of the invoice is sufficient evidence of AURA’s rights to receive the insurance proceeds without the need for any person dealing with AURA to make further enquiries.

6.4. Where the customer expressly requests AURA to leave goods outside AURA’s premises for collection, or to deliver the goods to an unattended location then such goods shall be left at the customer’s sole risk and it shall be the customer’s responsibility to ensure the goods are insured adequately – or at all.

7.     GOODS AND OWNERSHIP

7.1. AURA and the customer agree that ownership of the goods shall not pass until:

7.1.1. The customer has paid aura all amounts owing for the particular goods; and

7.1.2. The customer has met all other obligations due by the customer to AURA in respect of all contracts between AURA and the customer.

7.1.3. Receipt by AURA of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then AURA’s ownership or rights in respect of the goods shall continue.

7.2. It is further agreed that:

7.2.1. Where practicable the goods shall be kept separate and identifiable until AURA shall have received payment and all other obligations of the customer are met; and

7.2.2.Until such time as ownership of the goods shall pass from AURA to the customer, AURA may give notice in writing to the customer to return the goods or any of them to AURA.

7.2.3.Upon such notice the rights of the customer to obtain ownership or any other interest in the goods shall cease; and

7.2.4. AURA shall have the right of stopping the goods in transit whether or not delivery has been made; and

7.2.5. If the customer fails to return the goods to AURA then AURA or AURA’s agent may (as the invitee of the customer) enter upon and into land and premises owned, occupied or used by the customer, or any premises where the goods are situated and take possession of the goods; and

7.2.6. The customer acts as a bailee of the goods and until such time as AURA has received payment in full for the goods then the customer shall hold any proceeds from the sale or disposal of the goods, up to and including the amount the customer owes to aura for the goods, on trust for aura; and

7.2.7. The customer shall not deal with the money of AURA in any way which may be adverse to aura and

7.2.8. The customer shall not charge the goods in any way nor grant nor otherwise give any interest in the goods to any third party while they remain the property of AURA; and

7.2.9. AURA can issue proceedings to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to the customer; and

7.2.10. Until such time that ownership in the goods passes to the customer, if the goods are converted into other products, the parties agree that AURA will be the owner of the end products.

8.       DEFECTS

8.1. The customer shall inspect the Goods on delivery and shall within two (2) days of delivery (time being of the essence) notify AURA of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.

8.2. The customer shall afford AURA an opportunity to inspect the Goods within a reasonable time following delivery if the customer believes the Goods are defective in any way.

8.3. If the customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.

8.4. For defective Goods, which AURA has agreed in writing that the customer is entitled to reject, AURA’s liability is limited to either (at AURA’s discretion) replacing the Goods or repairing the Goods except where the customer has acquired Goods as a consumer within the meaning of the Australian Competition and Consumer Act 2010 or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods

8.5. Please see our Repair, Replacement, Refund Policy on our website for our any question regarding defects.

9.      RETURNS

9.1. Please see our Repair, Replacement, Refund Policy on our website for all any question regarding returns.

10.       INTELLECTUAL PROPERTY

10.1. Where AURA has designed, drawn or written Goods for the customer, then the copyright in those designs and drawings and documents shall remain vested in AURA, and shall only be used by the customer with AURA’s written permission

10.2. The customer warrants that all designs or instructions to AURA will not cause AURA to infringe any patent, registered design or trademark in the execution of the customer’s order and the customer agrees to indemnify AURA against any action taken by a third party against AURA in respect of any such infringement

10.3. The customer agrees that AURA may use any documents, designs, drawings or Goods created by AURA for the purposes of advertising, marketing, or entry into any competition

10.4. The customer acknowledges and agrees that AURA and its related companies are the owners of a number of registered trademarks and other intellectual property. AURA licenses the customer to reproduce from time to time its trademarks and associated copyright works on its website, at the retail premises and in print television or to the media for the sole purpose of advertising the allocated range.

11.  CANCELLATION

11.1. AURA may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the customer.

11.2. On giving such notice AURA shall repay to the customer any sums paid in respect of the Price. AURA shall not be liable for any loss or damage whatsoever arising from such cancellation

11.3. In the event that the customer cancels delivery of Goods the customer shall be liable for any loss incurred by AURA (including, but not limited to, any loss of profits) up to the time of cancellation.

12.  UNPAID ORDERS – AURA’S RIGHTS

12.1. Where the customer has left any item with AURA for repair, modification, exchange or for AURA to perform any other Service in relation to the item and AURA has not received or been tendered the whole of the Price, or the payment has been dishonored, AURA shall have:

12.1.1. a lien on the item

12.1.2. the right to retain the item for the Price while AURA is in possession of the item

12.1.3. a right to sell the item

12.2. The lien of AURA shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

13.  USE OF THE AURA WEBSITE

13.1. The website is owned and operated by AURA Pty Ltd

13.2. By entering, accessing or using AURA website in any way, you agree to comply with any Terms of Use of the website and AURA Privacy Policy (collectively AURA “Website Conditions”), and any other laws or regulations which apply to this website

13.3. We may revise and update AURA Website Terms of Use at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only

13.4. While AURA aims to ensure that the information in its website is correct, errors do sometimes occur for which we apologize

13.5. In using or accessing the website you may not post any material online that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.

14.  FREQUENTLY ASKED QUESTIONS

14.1. AURA provides the Frequently Asked Questions (FAQ) section of its website to address questions that relate to its Terms and Conditions and to its specific policies and procedures

14.2. This section may address questions that you have about AURA services. This includes, but is not limited to questions related to purchasing, prices, tracking, delivery of Goods and claims

14.3. Where a discrepancy exists between the FAQ information and this document, the Terms and Conditions document takes precedence.

15.  GENERAL

15.1. These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia

15.2. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired

15.3. AURA shall be under no liability whatsoever to the customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the customer arising out of a breach by AURA of these terms and conditions

15.4. In the event of any breach of this contract by AURA the remedies of the customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods

15.5. The customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the customer by AURA nor to withhold payment of any invoice because part of that invoice is in dispute. AURA may license or sub-contract all or any part of its rights and obligations without the customer’s consent

15.6. The customer agrees that AURA may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which AURA notifies the customer of such change. The customer shall be under no obligation to accept such changes except where AURA supplies further Goods to the customer and the customer accepts such Goods

15.7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party

15.8. The failure by AURA to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect AURA right to subsequently enforce that provision.

16.  ENTIRE AGREEMENT

16.1. These Terms and Conditions and documents referred to herein, constitute the entire agreement between AURA and its Customers.