Last Updated 29th June 2020
You may browse the Site and order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
Procedures for Placing an Order: Unless otherwise specified on the Site, Orders through our Site are made through the following process:
When you place an Order on our Site for a specific Product(s), you will select your Product(s) and their specifications (dimensions), price, and provide your Payment information to Made By You as set forth below. Made By You will process your payment at the time that you place your Order.
The item that you wish to purchase will be made is referred to herein as your "Design".
If you are providing Made By You with specified dimensions for your Design, which Made By You will then make to purchased specification. Made By You will create your Design solely according to your specifications as set forth on the Site or email correspondence if customising further. Please note that Made By You may choose to not complete your Order for any reason, without limitation.
If you are providing Made By You with an email order that is a Design requested outside of our standard specifications allowed for on the Site, Made By You will adjust the service and product fee accordingly based on Design request.
Following completion of your Design, Made By You will send to you your Design (the “Final Product”, which constitutes a Product under these Terms). The Products are subject to Made By You then-current return policy, as posted on the Site.
Acceptance of Your Order: Your placement of an Order through our Site is an offer to purchase the Product(s) and/or Services ordered and we may accept your Order by processing your payment and shipping the Final Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Made By You until the Final Product(s) has been shipped to you. We will attempt to notify you at the email address you provided within a reasonable timeframe to let you know if the Products in your Order are temporarily out of stock / delayed, or if we decline to accept your Order. Your Order will be deemed accepted by Made By You upon our delivery of the Final Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when Made By You provides the Product(s) to a common carrier.
Shipping of Orders: Any estimated shipping date provided by Made By You is based on the date that Made By You receives your online order, Product availability and payment processing time, and does not include transit time. Made By You only ships currently to addresses in Australia.
To pay for an Order, you will need to provide Made By You with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorise us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorisation. You represent that you will not use any credit card or other form of payment unless you have all necessary authorisation to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process.
4. Pricing and Products
When you place your order online, you will choose the specifications (dimensions) and the corresponding price for your Product. Product specifications, materials and method for assembly are outlined on our Product and How It Works web pages which you should review prior to purchase so you understand our simple assembly system. Features and specifications of Products described or depicted on the website are subject to change without notice. All costs payable are in AUD and in relation to an order are clearly displayed in the 'Total' during the checkout process prior to placing an order. We reserve the right to correct any errors, inaccuracies or omissions on our website and to change or update information at any time without notice. We reserve the right to refuse to fill any orders that you may have placed based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. Unless otherwise noted on the Site at the time of your Order, all prices exclude shipping and handling. Unless otherwise set forth on the Site, the prices include GST. Such tax is already included in each Product's purchase price.
Made By You is an online only business, so delivery to a nominated address is a part of our business model. You agree to accept delivery of the Product(s) at the nominated delivery address provided at checkout. If you would like to pick up your products directly however, please let us know via email after purchase and we can discuss with you a possible time to pick up from our workshop. This pick-up option may not always be available, and we reserve the right to ship directly to you, at our sole discretion. We provide an estimated delivery time of 10-15 working days (Monday-Friday) for your custom Made By You Product/s to arrive. All delivery estimates are indicative and subject to confirmation. We will contact you to confirm your order is ready and to schedule the delivery.
6. Damaged Products
We ask that you check any product delivered to you to determine if it is damaged. If a product is damaged at the time of delivery, then you should refuse to accept delivery of that product and notify the Shipping company directly fulfilling your order or Made By You directly. If you notice damage to a product after delivery, you should notify us within 24 hours of delivery. Product(s) will only be eligible for replacement, not refund if the products are determined (after assessment) to be damaged.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. As we custom make each piece to your specifications, returns are eligible for exchange only. If you have made a measuring mistake at your home, and you would like to exchange/change your purchase, please contact us immediately. Please note you will need to cover a 25% labour fee, the cost of shipping the Product(s) back to us and all items must be returned in their original condition with packaging intact to qualify for an exchange. We commence the process to make your Product(s) almost immediately after your purchase online. If you have made a mistake with your purchase, please contact us within 1 hour after your purchase online and we can of course cancel your order and refund your money.
8. Risk and Title
Title and risk in a Product passes to you on delivery or collection of the Product, as the case may be.
9. Promotional Offers
We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.
Third-Party Materials.As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Made By You to monitor such materials and that you access these materials at your own risk.
11. User and Submitted Materials
Any materials submitted by you to Made By You, including, without limitation, your Design, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions. You will retain ownership of such User Submitted Materials, and you grant Made By You and our designees a limited, non-exclusive, royalty-free, right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials (i) to enable you to use the Service to create, produce and purchase Products, (ii) in connection with the production or provision of any Product or Service you request, (iii) to show you how your User Submitted Materials would appear in our Products or Services, and (iv) to enable Made By You to provide the Products and Services. For example, when you place an Order for a Product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for making, packaging and shipment.
Please note that, while you retain ownership of your Submitted Materials, any template or layout in which you arrange or organise such Submitted Materials through tools and features made available through our Sites are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the Submitted Materials, and that the Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorisation or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) the Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to such Submitted Materials.
You agree that you, not Made By You, are responsible for all of Your Submitted Materials.
We may, in our sole discretion, determine whether your Submitted Materials complies with such instructions and is satisfactory for use in our Services. Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any Submitted Materials from our Site.
When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not use any Content in any manner or submit any Submitted Materials or other Content that:
Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
Is false or inaccurate or becomes false or inaccurate at any time; Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
Misrepresents your identity in any way;
Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Advocates or encourages any illegal activity; or
Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Site or Services;
Attempt to reverse engineer or jeopardise the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site or Services to generate unsolicited email advertisements or spam;
Use the Site or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback”) you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
15. Use of Products By Made By You
From time to time, Made By You may request your consent for Made By You, its affiliates and partners to use photographs and other reproductions of Products ordered by you or provided to you, including Products that contain your Submitted Materials, and other materials supplied by you to Made By You in Made By You's marketing materials, publicity and other materials and on the Site. In such event, Made By You will seek your consent prior to such use. If you provide us with your consent, Made By You, its affiliates and partners will have a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of to use, reproduce, distribute, create derivative works of and publicly display, photographs and reproductions of such Products and other materials in all media existing now or created in the future to market our Products, Services and Site and for such other purposes as we may determine.
16. Modifications and Discontinuance of The Site or Services
We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the site or services.
17. Third Party Content and Other Websites
18. Commercial vs. Personal use of Products
Made By You is a direct to customer business model, and our 'showroom' is online. We do not warrant commercial businesses to use, display, or re-sell our products in physical or online commercial spaces. We are the sole traders of Made By You furniture, our business model, content, intellectual property and any commercial use / partnership needs prior written consent from Made By You and its entities.
19. Disclaimer of Warranties
20. Limitation of Liability
You acknowledge and agree that we are only willing to sell the products and provide access to the site and services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between you and third-party merchants or for any information appearing on third party merchant sites or any other site linked to our site. If you are dissatisfied with any portion of this site or the services, your sole and exclusive remedy is to discontinue use of the site and the services. Our total liability to you for all claims arising from or related to the site or the services is limited, in aggregate, to the total amount of the order giving rise to our liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
22. Electronic Communications
23. Trade Marks and Copyright Notice
The Trade marks, logos and service marks displayed on the Site are the property of Made By You or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images, videos and icons, as well as the selection and arrangement thereof, are the sole property of Made By You, Copyright © 2020 Made By You, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Assignment: These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Made By You’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Choice of Language: It is the express wish of the parties that these Terms and all related documents have been drawn up in English.
Release: You hereby release the Made By You parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services.Waiver: Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability: If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement: The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.