Terms & Conditions

Terms and Conditions

1. Introduction
   • Welcome to our website (“Website”). The Website provides you with an opportunity to purchase our products (“Products”) and services (“Services”) available on our Website and/or at our store located at 86 Charters Towers Road, Hermit Park (“In-Store”).
   • In these Terms, “we”, “us” and “our” means Indala Pty Ltd (ACN 82 150 095 542) trading as Ostela, Ostela Indoor Living and Ostela Outdoor Living (“Ostela”) and “you” and “your” means you as the purchaser of our Products or Services, as applicable, pursuant to these Terms.
   • The conditions of use of the Website include these terms and conditions, our Privacy Policy and any other terms and conditions that appear in or are linked to or from the Website (collectively, “Terms”). These Terms govern the use of, and access to, our Website and the ordering, purchasing and delivery of our Products and Services from the Website and In-Store and form a contract between you and Ostela.
2. Compliance with Terms
   • Please read these Terms carefully. By using, browsing, reading the Website and/or placing an order for our Products and/or Services on our Website or In-Store (“Order”), you agree and accept to be bound by the Terms.
   • Ostela reserves the right, at its sole discretion, to update, change or replace any part of these Terms at any time. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Terms constitutes acceptance of those changes.
3. Payment
   • When you pay the purchase price of each Product or Service as specified on the Website or In-Store (“Price”), we will charge you and you agree to pay the Price and any applicable fee for delivery of the Products (“Delivery Fee”).
   • All prices are in Australian dollars, and if GST applies, inclusive of GST. Any fees and charges (including the Delivery Fee) imposed by these Terms also include GST where applicable.
   • We reserve the right to change or alter prices without notice to you. If you have already purchased your Products or Services at a particular Price, we will supply your Products and Services at that Price (unless your purchase is affected by a pricing error, in which case clause 4 applies).
   • Ostela reserves the right not to honour any incorrect offers represented on the Website or In-Store made by genuine human or system error. Where your Purchase is affected by an error on the Website or In-Store (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with the Refund Policy, and we will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you may return your Order to us under the Returns Policy.
   • Payment methods are specified on the Website or In-Store. Payment methods may include a gift card, credit card or cash. The name on any credit card used for payment must match the name on the Order. In-Store payment methods may include cash or credit card. Cheques cannot be used as a payment method for any payment of Orders.
   • Payment of an Order on the Website will be made through Shopify (“Payment Gateway Provider”). By placing an Order, you warrant that you have familiarised yourself with, and agree to be bound by, the terms, privacy policy and other relevant legal documentation provided by the Payment Gateway Provider.
   • Following payment of the Price being confirmed by the Payment Gateway Provider, you will be issued with a receipt to confirm that the payment has been received.
   • Any payment for an Order must be cleared by Ostela before Products are dispatched or Services are provided. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem or use an alternative payment method in order to continue with your Order.
   • In paying or attempting to pay for an Order, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4. Ostela Warranty
   • • Ostela's Products come with guarantees that cannot be excluded under the Australian Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
     • Ostela provides this warranty (“Warranty”) for its Products that have been purchased in Australia. The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the Products to which this Warranty relates. The Warranty period commences from the date of sale.
     • The period of the Warranty will be:
       • 1 year for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks)) and any other Product which Ostela identifies in writing as attaching this Warranty; and
       • as identified in writing by Ostela for custom furniture orders;

(“Warranty Period”).

• Ostela’s liability under the Warranty is limited to the replacement or repair (at its sole discretion) of any Products that have a manufacturing or material defect that is not the result of normal wear and tear or a natural characteristic of the material used. The Warranty is not transferable and does not cover Products used for commercial purposes.
• You acknowledge and accept that the majority of Ostela’s Products are made from natural materials which gives them a unique look and feel. Naturally occurring variances in the Products such as wood knots, minor cracks in timber, patches, and colour variations are part of the character of the Product and are not deemed as product faults.

• Exclusions
  • Subject to the Australian Consumer Law, the Warranty does not apply:
    • to any Products sold as seconds, floor stock, repaired Products or Products that have a defect where this has been drawn to your attention before the purchase of the Product;
    • if the Product has:
      1. been repaired or attempted to be repaired by a service provide other than one approved by Ostela;
      2. not been used or maintained in accordance with the manufacturer’s instructions as provided with the Product and/or any relevant care instructions;
      3. been used 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;
      4. not been maintained properly or used after partial failure;
      5. been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories;
      6. been tampered with in any way;
      7. had its serial number, as applied by the manufacturer, altered or removed.
    • Consumer guarantees
      • In accordance with the Australian Consumer Law, you are entitled to:
        • a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage; and
        • have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
      • To the extent that they are compatible with the Australian Consumer Law, the exclusions and provisos that apply to the Ostela Warranty apply to the consumer guarantees.
    • Exclusion of implied warranties
      • Subject to clause 4, and to the 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 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, Ostela is entitled to limit its liability for a breach of a guarantee, condition or a warranty implied by that statute.
    • Warranty Claims
      • To make a claim under this Warranty during the Warranty Period (“Warranty Claim”), you must provide proof of purchase to us showing the date of purchase of the Products, a description of the Products and the Price paid for the Products by sending written notice to us by email at sales@ostela.com.au
      • Where the Warranty Claim is accepted, then Ostela will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any freight costs incurred in facilitating the Warranty Claim.
      • The Warranty shall be the sole and exclusive warranty granted by Ostela and shall be the sole and exclusive remedy available to you in addition to other rights under law in relation to the Products to which the Warranty relates.

5. Collection and Delivery
   • Orders may be collected In-Store or delivered to you. For deliveries, you will be required to pay the Delivery Fee in addition to the Price. Delivery Fee and times vary depending on the Products and delivery location. See the Delivery Policy for more information. Our Delivery Policy forms part of these Terms.
6. Risk and title
   • Risk in Ostela Products passes on delivery of the Products to you or your nominated agent or representative. Title passes on delivery of the Products to you and receipt by Ostela of full payment.
7. Order cancellation
   • Unless provided for under these Terms or as otherwise agreed by Ostela, no cancellations or changes to Orders will be accepted, and the Products will be delivered to the delivery address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Products under the returns policy.
   • If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
8. Returns
   • Unless otherwise explicitly stated by us, the Delivery Fee will not be refunded if you return Products for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
   • Any Products you purchase can only be returned in accordance with these Terms and our Returns Policy. The Returns Policy forms part of these Terms.
9. Accuracy, completeness and timeliness of Information
   • While Ostela uses reasonable efforts to ensure that all information on the Website is accurate and up to date (Information), occasionally there may be Information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, promotions, offers, product shipping charges, transit times and availability. Ostela reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any Information on the Website is inaccurate at any time without prior notice (including after you have submitted your Order). Ostela does not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information.
   • Ostela will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
   • The access and use of the Website and the Information is at your own risk. Ostela accepts no liability to any person or entity for loss or damages incurred as a result of reliance upon material or Information contained on the Website.
   • You agree that your access to, and use of, the Website and the Information is subject to these Terms and all applicable laws, and is at your own risk. Ostela makes no representations or warranties of any kind, express or implied as to the operation of the Website or the Information, content, materials or Products included on the Website, except as cannot be excluded under applicable laws. To the fullest extent permitted by law (including the Australian Consumer Law) Ostela, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of the Website or the Information.
10. Copyright and intellectual property
    • All material displayed on the Website including logos, text, graphics, names, design and related taglines and service marks are protected by copyright owned by Ostela and are the intellectual property of Ostela, unless otherwise indicated.
    • All content and publications may only be printed or downloaded for personal use and any copies retain the copyright or intellectual property notices contained in the original material. Any other use could lead to action for breach of copyright. No part of the Website may be reproduced or published without written permission from Ostela.
11. Third-party links
    • Certain links on the Website may lead to resources located on other websites that are not maintained or controlled by Ostela. Such links are provided merely for the users’ convenience and Ostela is not responsible for the content of any referenced websites or for the availability of access to such websites. Inclusion on the Website of any link to another website, or any reference to any product or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement or recommendation by Ostela. Access to other websites linked to the Website is at your own risk and Ostela is not responsible for the accuracy, relevancy, legality, or decency of any content or material contained on any other website and Ostela further disclaims all liability regarding access to such linked websites.
12. Privacy Policy
    • Ostela respects the privacy of its customers and has created a Privacy Policy that sets out customer rights and responsibilities regarding personal information disclosed on the Website. Please read our Privacy Policy for more information.
13. Limitation of Liability
    • To the maximum extent permitted by law (including without limitation the Australian Consumer Law), Ostela is not liable to you or anyone else for any:
      • decision, action or inaction taken in reliance on the Information in, or connected with, the Website;
      • losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with the Website;
      • your use or misuse of the Website or any Information or material contained in the Website;
      • the loss or modification of information or material transmitted from the Website;
      • any defect, technical problem or virus attached to or arising from the Website or the server;
      • any injury or illness you or any other person sustains as a result of using the Website;
      • the Products or Services displayed being unavailable at any time;
      • your inability to access or use the Website or any material on the Website;
      • the loss of confidentiality in any information or material transmitted to or from the Website.
    • To the maximum extent permitted by law (including the Australian Consumer Law), Ostela does not make any guarantees or warrant that the Website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.
14. Indemnity
    • You agree to indemnify Ostela, its affiliates, officers, directors, employees, agents, suppliers and third-party partners from and against:
      • all actions, suits, claims, demands, liabilities, losses, expenses, damages and costs (including reasonable legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website;
      • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and
      • any breach by you of the Terms.

15. Termination
    • Ostela may, at our discretion, terminate the agreement for the supply of Products to you:
      • for convenience, at any time, on giving notice to you; or
      • immediately if we reasonably believe that you have breached these Terms and:
    • that the breach is not capable of remedy; or
    • if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
16. User Comments, Feedback and Submissions
    • If you send and/or post comments, feedback or specific submissions (e.g. contest entries) creative ideas, suggestions, proposals, plans or other materials to Ostela whether online, email or otherwise (collectively, “Comments”), you agree that Ostela may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Ostela is under no obligation to maintain any comments in confidence, to pay compensation for any comments or respond to any comments.
    • Ostela may, at its sole discretion, monitor and remove any Comments posted on the Website that it determines to be abusive, obscene, defamatory or otherwise unlawful or breaches the Terms.
    • By sending and/or posting your Comments you agree that your Comments will not breach any copyright, intellectual property right, licence, privacy, legislation, common law or contractual agreement of any other person or entity. You further agree that your comments will not contain abusive, obscene, defamatory or otherwise unlawful material. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
17. Governing Law
    • These Terms are governed by the laws of Queensland and the Commonwealth of Australia, and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Queensland and Commonwealth of Australia. You submit to the jurisdiction of the laws of the State of Queensland and the Commonwealth of Australia.
18. Severability
    • If any part of these Terms is determined to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

If you have any questions about the Terms, please contact us in writing by email to sales@ostela.com.au.

PRIVACY POLICY 

Indala Pty Ltd (ACN 82 150 095 542) trading as Ostela, Ostela Indoor Living and Ostela Outdoor Living (“Ostela” or ‘”we” or “us” or “our”) respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We take all reasonable steps to ensure your Personal Information is protected from misuse and unauthorised disclosure. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy sets out how we collect and treat your Personal Information when you visit or make a purchase from Ostela’s website (Website) or at an Ostela store.

“Personal Information” is information we hold which is identifiable as being about you. This information includes information such as your name, address, email address or any other type of information that can reasonably identify an individual, either directly or indirectly.

Collection of Personal Information

Ostela will collect and store the Personal Information that you provide to us directly or give to us in other forms.

You may provide basic information such as your name, shipping address, phone number and email address to enable us to send you information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you make a purchase, including method of payment (we do not retain any credit card information – please refer to Stripe payment processor’s create an account with us; provide feedback, enter competitions, change your content or email preferences, respond to surveys and/or promotions, communicate with us. Additionally, we may also collect any other information you provide while interacting with us.

Ostela will collect and use Personal Information with your consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will also process Personal Information if it is necessary for our legitimate interests or to fulfill a contractual or legal obligation.

You must not provide us with your Personal Information if you are under the age of 16 without the consent of your parent or guardian. We do not knowingly collect or process the Personal Information of children.

How we collect your Personal Information

Ostela collects your Personal Information in a variety of ways, including when you interact with us electronically or in person, when you access our Website and when we provide our products and services to you. We may receive Personal Information from third parties. If we do, we will protect it as set out in this Privacy Policy.

By providing us with Personal Information, you consent to the supply of that information subject to the terms of this Privacy Policy.

How we use your Personal Information

Ostela will use your Personal Information with your consent for a specific purpose as set out in this Privacy Policy. This may include the following:

• fulfill any purchase orders or services placed in store or on our Website (including arranging for shipping, and providing you with invoices and/or order confirmations);
• administer our business activities; manage, research and develop our products and services;
• provide you with information, updates, offers or advertising relating to our products or services;
• communicate with you by a variety of measures including, but not limited to, telephone, email, sms, or mail;
• investigate complaints;
• present you with personalised offers on our Website, through social media channels such as Facebook and Instagram and by placing banner advertisements on third party websites;
• allow you to post links to our products on social media;
• provide you with the opportunity to review our products and services;
• verify your identity if you ask for information about your Personal Information or order history;
• screen our orders for potential risk or fraud (and to assist relevant authorities in relation to same).

If you withhold your Personal Information, it may not be possible for us to provide you with our products and services or for you to fully access our Website.

Sharing of your Personal Information

So that we can provide you with our products and services, we must at times share some Personal Information with trusted third parties. When we share your Personal Information to third parties, we ensure that it remains secure by conducting business with trusted third parties who will keep your Personal Information secure and confidential to the standards you and we would expect. Every external organisation we work with is required to have an agreement with us which clearly describes the way in which they keep your Personal Information secure and the purposes for which they can use your Personal Information. The agreement holds them fully responsible for meeting those expectations. We only send to third parties your Personal Information that is necessary for the purposes it is required.

Ostela does not sell your Personal Information but we share your Personal Information as follows:

With core service providers to enable our business to function

We rely on a few external organisations to provide us with services to conduct our business. Our core service providers include the delivery companies, payment gateway providers and technological service providers. It also includes companies to help us with our marketing and data analytics (e.g. Google Analytics). For service efficiency purposes, some of these providers are located in territories outside of Australia.

With regulators and law enforcement agencies when required to do so by law

We may from time to time need to disclose your Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

When we think it is reasonably necessary to protect you or our business

In the unlikely event that Ostela is the subject of attempted criminal activities, we will take all reasonable steps to protect you and our business but sometimes we may need to share your Personal Information where we think it is reasonably necessary to detect, monitor, investigate or prevent any suspected illegal activities, fraud or security issue; enforce our terms and conditions and to protect your and our rights and property; investigate and defend any third party claims or allegations.

As part of a business sale or purchase, merger or reorganisation

Although we have no current plans to do so, if there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

Security of your Personal Information

Ostela is committed to ensuring that the Personal Information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that your Personal Information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Personal Information Retention

We will not keep your Personal Information for longer than is necessary for the purposes described in this Privacy Policy. At the end of the retention period, your Personal Information will either be completely deleted or anonymised so that it can be used in a non-identifiable way for statistical analysis and business planning.

Access to your Personal Information

You may request details of your Personal Information that we hold in accordance with the provisions of the Privacy Act. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out in the “Contact Us” section of this Privacy Policy. We will respond to your request as soon as reasonably practicable. We may ask you to verify your identity before acting on any of your requests.

We reserve the right to refuse to provide you with information that we hold about you in certain circumstances set out in the Privacy Act or any other applicable law.

Complaints

If you have any complaints about our privacy practices, please feel free to send the details of your complaints using the details set out in the “Contact Us” section of this Privacy Policy. We take complaints very seriously and will respond as soon as reasonably practicable.

Changes to Privacy Policy

We may modify this Privacy Policy at anytime, in our sole discretion, and all modifications will be effective immediately upon posting the modifications on our Website. Continued use of our Website will constitute your acceptance of the modified Privacy Policy. You should visit this page periodically to review the Privacy Policy.

Our Website

Generally, when you visit our Website, we automatically collect certain information about your device, including information about your web browser and some of the cookies that are installed on your device. Additionally, as you browse our Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to our Website, and information about how you interact with our Website.

 

Web Browser

When you visit our Website, we may collect certain information such as your web browser, IP address, time zone, the date and time of your visit, the pages viewed and information downloaded etc. This information is used in an aggregated manner to analyse how people use our Website such that we can improve our service and to assess the success of our marketing and advertising campaigns.

Cookies

We may from time to time use cookies on our Website. Cookies are very small files which a website uses to identify you when you come back to our Website and to store details about your use of our Website. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Website. Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience.

Using pixel tags, web beacons, clear GIFs or other similar technologies

We may from time to time use pixel tags, web beacons, clear GIFs or other similar technologies in connection with some website pages and HTML formatted e-mail messages to, among other things, measure the success of our marketing campaigns, and compile statistics about website usage and response rates.

Third party sites

Our Website may, from time to time, have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Ostela is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects Personal Information.

Contact Us

Should you have other questions or concerns about our Privacy Policy, please send us an email at sales@ostela.com.au