Menu

Terms & Conditions

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 - 92 Charters Towers Road, Hermit Park, Queensland, 4812 (“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.

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.

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.

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.

Warranty Period

  • 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

  • Where Products are purchased through third-party suppliers, Ostela will act on your behalf to manage any warranty claims or issues with the supplier, ensuring that your rights under this Warranty and the Australian Consumer Law are upheld.”

  • As identified in writing by Ostela for custom furniture orders. 

Liability

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

  • To any Products sold as seconds, floor stock, repaired P

  • Subject to the Australian Consumer Law, the Warranty does not apply:roducts or Products that have a defect where this has been drawn to your attention before the purchase of the Product;

  • If the Product has:

    • Been repaired or attempted to be repaired by a service provider other than one approved by Ostela;

    • Not been used or maintained in accordance with the manufacturer’s instructions as provided with the Product Care instructions on this website;

    • Been used in an abnormal manner (e.g., abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, fading from outdoor weather);

    • Not been maintained properly or used after partial failure;

    • Been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories;

    • Been tampered with in any way;

    • Had its serial number, as applied by the manufacturer, altered or removed;

  • Variation in natural product finishes, including timber, marble, stone and fabrics, which do not affect durability, performance or functionality;

  • Wear and tear to fabrics or fibres, including dents, scratches, marks or tears resulting from everyday use. For teak outdoor furniture, cracks in the end grain and changes in appearance due to exposure to the elements are natural and not covered. Similarly, for solid timber furniture, occurrences such as splits, end-grain cracks, hollow knots, gradual twisting, or sapwood changes indoors or outdoors are a normal part of the timber’s character and are not included under this warranty.

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, 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.

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.

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.

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.

Returns

  • Unless otherwise explicitly stated by us, the Delivery Fee will not be refunded if you return Products for change of mind or if you made an incorrect selection, including incorrect size, colour, etc.

  • Any Products you purchase can only be returned in accordance with these Terms and our Returns Policy.

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.

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.

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.