Online Terms & Conditions
Privacy Policy
This policy sets out how The Sofa Company (TSC) will handle the personal information that you may disclose to us when you use our website or our other services. This policy contains information on how we collect, use, disclose and store your personal information. The policy can be broadly summed up by this statement: The Sofa Company will not sell or rent your information to another party and will only use your personal information for the purpose of providing the products and services you have requested from us.
What types of personal information will we collect?
TSC will only collect the personal information that it needs to help you enjoy the full range of our services. This means that when you use our website or our other services, we may collect personal information such as your name, address, telephone number, email address and age.
We do not collect sensitive information from users of our website.
How we collect personal information
We collect personal information from you if you buy something from us, if you subscribe to our newsletter(s), and also if you enter our competitions.
We may also collect personal information, when you use our site, by using cookies, recording your IP address and other statistical methods.
When you share personal information with us, we will use our best endeavours to store and protect it securely. We will use SSL encryption to help us with this task.
How we use your personal information
In general, we will only use your personal information to provide the product or service that you have requested from us. More specifically, we may use your personal information to:
Communicate with you to facilitate your order
Arrange delivery of the item(s) that you have ordered
Take payment for the item(s) you have purchased
We may also use your personal information to assist you with product choices and to keep you informed of changes to product ranges or special offers.
We use cookies, IP addresses and other statistical information to improve our websites, look at aggregated usage statistics, save items that are in your basket and provide other personalised features throughout your time on our site. We will also use it to generally examine how our customers use and access our websites and services.
We will only communicate with you by email if you have provided us with your email address and consented to receive email communication from us.
Our website contains links to the sites of third parties. These third party sites are not under the control of The Sofa Company. Please ensure that you visit the privacy policies of those third party websites to be aware of their policy on the handling of personal information.
Who we share your personal information with
Suppliers
We may share some of your personal information with the suppliers of the products sold on our sites. This is only done to facilitate the delivery of the product(s) you have purchased. This would generally include the delivery address, recipient's name and contact details if necessary.
Transport Companies
We may share some of your personal information with our transport teams so that they can deliver the products you have purchased from us to the address you have given us. This would generally include the delivery address, recipient's name and contact details if necessary
Our billing & security partners
We may share some of your personal information with our billing & security partners in order to ensure that your payment is processed smoothly.
Security Information
When you browse our site and most importantly when you enter sensitive information (for example: your name, email address, credit card numbers) into a form on our site we secure that information with 256 Bit SSL encryption. 256 Bit SSL encryption is the industry standard encryption technology. The easiest way to tell if the information you're entering is secure is to look at the address bar in your browser. If the URL starts with https:// then you're on a secure page.
Our products
We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be classified as a change of mind and returning items based on change of mind will be at the expense of the customer.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website.
On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
Our website changes regularly
We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
Your order
After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we deliver, or you collect your product(s) and sign as received. Once you have received your furniture and signed for your product, the contract between you and us is complete. The sale contract is therefore concluded in Queensland, Australia.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment online, by various methods, including by credit card (Visa and MasterCard).
The retail price for each product is provided to us by our supplier and or comparative products in the market, and is shown alongside the sale price for your reference. Prices are subject to change effective immediately upon posting to our website or other form of notification.
In some cases our products may be sourced from international markets and may not be available for sale elsewhere in Australia. In that case our supplier provides us with a retail price in Australian dollars based upon a conversion of the price in the market from which the products were sourced. In cases where our products have not previously been sold in any retail market, we work with our supplier to set a retail price based upon the price of products we deem to be competitive products in the Australian retail market.
CLICK & COLLECT
BRISBANE ONLY
Click & Collect, allows you to order products online and collect them from our Stafford warehouse. You will receive confirmation via email, you can then go to our Stafford warehouse to collect your order.
Click & Collect Pick Up
You will require a print out of your order confirmation email (showing your order number) and valid photo identification (e.g. driver's licence or proof of age card) to collect your order. It is possible for someone else to collect your items on your behalf. You will need to contact us to tell us the name of the person you have authorised to collect on your behalf. That person will need to bring with them your order number and valid photo identification (driver's licence).
Pick Up Times
By Appointment Only
DELIVERY
Delivery Fees: Delivery fees vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor.
Delivery time: As furniture is a bulky item, delivery needs to be pre-arranged with the customer and have a date confirmed. Generally, items will take up to 15 business days to be delivered to you. This will depend on both your availability to receive the item and the delivery team.
Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.
Delivery partner: We work along side various transport companies. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Online team after your order is completed.
Unfortunately the delivery companies are unable to commit to specific delivery times however they are able to confirm a four hour delivery window for the day you will receive your goods.
A standard delivery does not include deliveries that fit into the following categories:
Require more than 2 staff
Require access over a fence or a balcony
Is above the second floor
Where vehicle access and parking is restricted
Require a specific time
Items are fully unpacked and inspected before loaded onto a truck to ensure your item is in an acceptable condition.
Please advise us of any special requirements you may have for your delivery, a special delivery can be arranged but will incur an additional fee.
Unfortunately they are unable to commit to specific delivery times however we are able to advise either A.M. or P.M. delivery windows.
If you are not contactable or not able to accept your delivery in the agreed time window on the nominated day an additional delivery fee may be charged.
We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase.
We deliver most products to certain areas within Brisbane and surrounding areas. This information will be shown on the product listing through the post code verification.
Delivery methods & locations: Currently we deliver throughout Brisbane and surrounding areas. All furniture deliveries are dispatched from our Stafford warehouse and will be delivered to you via a number of various transport companies.
Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door. Due to the Covid-19 restrictions we may only be able to deliver to your garage as to reduce the risk to our carriers and customers.
All items delivered by the transport companies are to your door and require a signature upon delivery.
Delivery failure: It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the delivery is returned, you will be billed for the additional transport charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order.
RETURNS
15 day returns
We are sure you will love your furniture as much as we do. That’s why we offer 15 day returns.
You will be responsible for the actual shipping costs to facilitate a change of mind return. Including the costs of shipping the item to you and the cost of return shipping.
You must contact us within the noted 15 day period via email to: sales@thesofacompany.com.au, noting your invoice number, name and contact details. We will respond to you either via email or over the phone to confirm and proceed with the return.
Items returned must be in 'as-new' condition. Meaning you have not used, assembled, damaged, washed or laundered any of the items. Please return items in their original packaging. If you cannot return an item 'as new' in its original packaging, a handling and restocking fee may apply up to 20% of the value of the item.
Non-returnable items excluded from all change of mind returns include:
Products described as "made to order"
Clearance display stock (e.g. warehouse, display centre, floor stock etc.)
Clearance items
Personalised items
Orders for non-domestic use
Within 5 business days of receiving your return, and subject to confirming it is in good condition, we will issue you with a store credit via email in an amount equal to the price you paid for the product, less the cost of shipping the product to you and the return shipping back to the warehouse. Credits are issued in the form of store credit.
Store credit voucher codes will be valid for 6 months from the date of issue.
We will accept returns delivered in person to our warehouse facility in Stafford.
Fault and Warranty Claim
The Sofa Company warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law.
If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 3 business days of receiving your delivery or collection.
The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that you're happy with. For example we may arrange one or a combination of the following at our discretion:
Send you any missing parts or components
Arrange a repair
Replace the product (subject to availability)
Offer you an alternative product
Offer a partial or full store credit voucher or refund
You may be entitled to a replacement or refund for a major failure. You may also be entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
This Faults and Warranties policy does not cover:
Normal wear and tear
Damage arising from improper assembly or modification
Damage arising from abnormal use or abuse
Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
Damage to external or product packaging only
Damage occurring during your own handling and transportation of goods from collection.
Insignificant minor variations in dimensions, colour, grain or finish
Insignificant minor imperfections or superficial blemishes
Pilling in fabric
Pilling can occur as a result of normal daily use and is not considered as a fault. There are many variables that can attribute to pilling such as, climatic conditions, atmospheric purity and the user environment. Even specific types of clothing can transfer ‘pills’ from clothing to the fabric. As the fabric surface is rubbed a single or small group of fibres on the surface begin to twist forming what is known as ‘pills’. Often the catalyst for this is a foreign fibre or speck of dirt. Pilling can successfully be removed by the use of a battery operated de-pilling tool available from most haberdashery stores.
You may not be entitled to a Refund or Exchange if:
You have changed your mind and no longer require the Item
You decide you cannot afford the Item
You found the Item cheaper elsewhere
The Style, Colour, or Size is not suitable
You were made aware of a Fault in the item prior to purchase.
You were responsible for the Fault.
Proof of purchase
You must provide us with reasonable proof of purchase to obtain a refund, exchange or to repair a product that you have purchased from us. Proof of purchase includes:
Tax Invoice.
Receipt or Delivery Note for online purchases. Unfortunately, a confirmation email is not sufficient.
Finance documentation.
Whilst we will make every effort to locate transaction receipts through our system if you have lost or misplaced your tax invoice, we will only accept a bank or credit card statement if the amount on that statement directly corresponds to the amount for which the product in question was purchased. Multiple item purchases in one transaction will limit our ability to establish proof of purchase.
Refunds & returns for unsafe, defective or damaged goods or goods which don't match description
Your entitlement to a refund, repair or replacement for unsafe, defective or damaged goods is outlined in our terms and conditions. All faults or defects should be reported to us within 7 days of the defect or fault appearing to avoid any further damage. You may lose the benefit of the terms and conditions unless you abide by its terms.
Your consumer rights
The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you.
Our rights
We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions or failure to take reasonable care.
Pricing Changes
All prices are correct as of todays date. Prices are subject to change at our discretion. Pricing may vary from social media posts dated prior to 2021
Unfortunately, due to the current environment we have been faced with significant price increases from suppliers and transport companies. We have had to pass on a small portion of the increase which is something we tried not to do for the majority of the year so far.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Sofa Company (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialled or pre-recorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialler, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialling system (“ATDS” or “autodialler”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@thesofacompany.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libellous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Stafford, Queensland before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Sofa Comoany’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.