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WEBSITE TERMS AND CONDITIONS - THEEND PTY LTD 

1.   INTRODUCTION / AGREEMENT  

1.1.   This website and its contents ("Website") is owned and operated by TheEND Pty Ltd (ABN 26 682 411 070) (“TheEND”, “we”, “us”, “our”). 

1.2.   The Terms and Conditions below (“Terms”) apply to use of this Website and our retail space, Retail purchases of Products via our Website or Showrooms, except for Product sales in the Commercial or Wholesale channel. Defined expressions used in these Terms are set out in section 18. 

1.3.   In these Terms, “you”, “Customer”, or any similar expression refers to the person interacting with the Website or named on the order purchasing a Product from us other than via the Commercial or Wholesale channels. 

1.4.   By accessing or using the Website or placing an order with us, you acknowledge that you have agreed to these Terms and Conditions, the Privacy Policy and elsewhere on the Website (known collectively as “Terms of Use”). 

1.5.   The version of the Terms that will apply to your order is the version which is available on our Website at the time we accept your order.  

1.6.   TheEND and the Customer acknowledge and agree that these Terms take precedence over all other conditions or representations whether documented, discussed, or implied. 

2.   PLACING AN ORDER 

2.1.   You must be at least 18 years of age to order and purchase Products from our Website or Showroom.  

2.2.   Any Order placed by you in the manner described in this Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this Website at the time you place your order. You acknowledge that, by placing your Order, you are agreeing to pay for and accept delivery of the goods ordered.  

2.3.   TheEND reserves the right, acting reasonably, to accept or reject in its absolute discretion any Order, or part of an order, which it may receive from you.  

2.4.   When placing an Order and paying the Full Payment, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects. 

2.5.   While TheEND endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change. 

2.6.   It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number, email address and delivery address if applicable) is correct and to notify TheEND of any changes to such information. We may require additional verification or information before accepting any order. We only accept orders from Australia. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.  

2.7.   If the Order is comprised of multiple items, TheEND will endeavour to deliver the Products together, but may deliver the Products under that Order by separate instalments. 

2.8.   When you order Products through our Website the following terms apply to your Order: 

2.8.1.   Images of Products displayed on our Website are as accurate as possible. Whilst all efforts are made for accurate representation, you acknowledge and accept that there may be some variation from what is displayed on your monitor.  

2.8.2.  When you place an Order, we will send you a confirmation email with the details of your Order. That email is not an acceptance of your Order. Orders are deemed to be accepted 48 hours after the confirmation email is sent. 

2.8.3.   We will notify you as soon as possible about the availability of the Products you have ordered. If we advise you that the Products you have ordered are no longer available, your Order may be declined. 

2.8.4.   If some or all the Products you have ordered are temporarily out of stock, we will place those Products on back order and supply them when stock becomes available. 

2.8.5.   Notwithstanding any other clause in these Terms, for Products you order on our Website, you must make Full Payment at the time you place your Order. 

2.9.   Where permitted, we reserve the right to control sales, including the right to prohibit sales to re-sellers. Any applications for resale agreement/s must be made with TheEND. 

2.10. When you place an Order through our Showroom, the following additional terms apply:

2.10.1.  Products on display at the Showroom may not accurately reflect the final product delivered to the Customer and there may be minor variations due to the material and craftmanship of the Product;

2.10.2. Items on display at the Showroom may not reflect current Product availability. Visit the Website or speak with a representation for TheEND at the Showroom for further information on Product availability and pricing;

2.10.3.  Items on display are for illustrative purposes only are not for individual sale, unless TheEND advises otherwise; and

2.10.4.  Orders cannot be collected at the Showroom. 

3.   PRICE 

3.1.   The prices for Products are in Australian dollars and inclusive of GST. 

3.2.   Delivery will be charged in addition to the price of Products and these are included in the total cost of the Order. 

3.3.   All additional costs payable by you pursuant to these Terms are payable to TheEND at such times as you are notified by TheEND. 

3.4.  The prices listed on the Website and at our Showroom are subject to change without notice. It is the Customer's responsibility to check TheEND’s prices on the Website or at the Showroom prior to placing an Order.

3.5.   If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled and will not fulfil the Order. 

3.6.   Prices displayed on this Website may be changed at any time without notice and are subject to availability.  

4.   PAYMENT 

4.1.   All payments must be made in Australian currency. 

4.2.   At the time that you place your Order, we will issue you a Sales Order. The Sales Order becomes a proof of purchase after we receive your Full Payment. 

4.3.   Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between TheEND and the Customer, the Customer must make Full Payment at the time of submitting an Order. 

4.4.   The Customer acknowledges and agrees that they must pay the Price in full at the time of submitting an Order. Unless otherwise agreed in writing between the parties, TheEND may withhold delivery of the Products until the Customer has paid the Price in full. 

4.5.   Payment is only deemed to have taken place when cleared funds are received into TheEND’s bank account.

4.6.   No Delivery can be arranged until Full Payment has been received by TheEND. 

5.   DELIVERY 

5.1.   You acknowledge and agree that Products may not be available for immediate delivery.

5.2.   You will need to pay for the delivery service that you require which will form part of your Order. Further details on delivery options are available at our Shipping policy.

5.3.   TheEND will contact the Customer when the Products are ready for delivery, to book in a date for delivery (Dispatch Date).

5.4.   At the time of selecting delivery, you acknowledge and agree:

5.4.1.   The Lead Time at Order Date is an estimate only;

5.4.2.   Once your Products are available for delivery and the Lead Time at Order Date has been reached or the Not Required Before Date has been reached, in the case where this has been selected, then you must agree a Dispatch Date that can be no longer than 25 days from the time TheEND or one of its agents contacts you to agree the Dispatch Date; and 

5.4.3.   If you fail to take delivery of Products within 25 days from the date of contact by us, we will treat this as a request by you to cancel the Order. 

5.5.    In relation to your Order the Customer must: 

5.5.1.   ensure that the correct delivery address is provided in the Order; 

5.5.2.  inform TheEND of any issues, difficulties or specific requirements associated with the delivery of Products at time of purchase; 

5.5.3.  ensure that the Products Ordered are capable of effective and safe delivery, including that the Products will fit through access areas such as doorways, elevators and stairs 

5.5.4.  ensure safe access for the delivery of Products, including by ensuring that the delivery location does not require TheENDs delivery personnel to navigate hazardous terrain or active construction sites, or deliver Products via fire stairs, inclinators or balcony lifts; 

5.5.5.  provide adequate parking and facilities for unloading the Products at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address; and 

5.5.6.  have a person at the delivery address on the agreed delivery date to acknowledge receipt the Products. 

5.6.   We reserve the right to recover any fair and reasonable costs associated with the Customer failing to perform any actions under clause 5.5.  This may include but is not limited to redelivery fees, equipment hire, additional labour fees and waiting fees if our delivery agents are required to wait at the delivery address. 

5.7.   If any Product is unable to be delivered due to the Customer failing to perform any actions under clause 5.5, and a cancellation is therefore required, this will be treated as a change of mind and be subject to clause 7.3. 

5.8. Once your Order is confirmed you acknowledge that any request to make changes to the delivery address or delivery type may be agreed at TheENDs absolute discretion. If TheEND agrees to any change in the delivery, you acknowledge that you will pay any additional costs subject to clause 4. 

5.9.   Delivery dates and times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery or late installation of the Products. The failure of TheEND to deliver the Products by the Dispatch Date does not entitle either party to treat an Order as repudiated. 

5.10.  It is agreed that someone will be at the delivery address to receive delivery of your Products on the Dispatch Date. 

5.11.  It is your responsibility to inspect the condition of the Products at the location where we deliver (this can either be you personally, or a representative on your behalf) and advise in writing of any deficiencies or errors before acknowledging receipt.  Any damage must be noted on the delivery docket presented to you by the courier for signature. If you believe that your Order has been lost or damaged in transit, please contact us at info@theendpiece.com.au. Notification and images of any product damage or missing parts must be sent to TheEND by email within 24 hours of delivery. Subject to clause 11,  TheEND is not responsible for any damage notified after 24 hours of delivery.  

5.12.  Liability for the Products becomes yours when the delivery occurs. If we accidentally damage Products during delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Products. 

5.13.  Unless we otherwise agree in writing, we may, at our option, deliver the Products to you in any number of instalments. 

5.14.  For clarity, if we deliver any of the Products by instalments and any one of those instalments is defective for any reason; 

5.14.1.   it is not a repudiation of the Order; and 

5.14.2   the defective instalment is a severable breach that gives rise only to a remedy in relation to that defective instalment. 

5.15.  The Customer will be advised, at least 24 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Products will be delivered. 

5.16.  The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact TheEND’s ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled. 

5.17.  The disposal of packing and wrapping materials are the responsibility of the Customer unless the Customer elects to have this removal included as part of their delivery service at the time of the Order. 

6.   STORAGE 

6.1.   If you are not able to take delivery within the required 25 days per clause 5.4.3, then TheEND is able to offer additional storage period of up to 6 weeks in our warehouse (Additional Storage) subject to the following conditions: 

6.1.1.   You must request the Additional Storage option by notifying us no later than 48 hours after we have made first contact to arrange a Dispatch Date. 

6.1.2.   A fee quotation will be provided to you (based upon total volume off storage space occupied by your Order) so that you can decide whether to accept the Additional Storage option. 

6.1.3.   The fee quotation needs to be paid within 48 hours of being issued by TheEND. 

6.1.4.   The Additional Storage is available once only. 

6.1.5.   Failure to take delivery at the expiry of the Additional Storage will trigger clause 5.4.3 resulting in cancellation of your Order. 

6.1.6.   There are no refunds for the monies paid for Additional Storage regardless of whether the full storage period that has been paid for is utilised. 

7.   VARIATIONS AND CANCELLATIONS 

7.1.   Orders may be varied within 2 days from the date of Order.  

7.2.   Orders cannot be cancelled once received, except where permitted by the TheEND and may not be varied after 2 days from the date of Order. 

7.3.   TheEND may cancel an Order after it has been accepted where it is reasonably required to do so in response to a supply shortage. In this case any payments made will be refunded. 

8.   PRODUCT TERMS 

8.1.   Specification of Products on our Website are subject to change without notice. 

8.2.   Subject to the Australian Consumer Law all specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions, or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Products to meet such specifications. 

8.3.   Your Product may exhibit different characteristics to the sample on the Website or at the Showroom. Specifically: 

8.3.1.   Soft furniture may vary in appearance and characteristics such as creasing and the degree of softness; 

8.3.2.   Colour swatches and samples are an approximate guide only as leather and fabrics may vary in colour and texture between batches; and 

8.3.3.   Timber, marble, travertine and leather are all natural products and will exhibit different characteristics to what is displayed, which are the hallmarks of genuine natural materials. 

8.4.   Your Product will change with age, exposure to light and other elements as well as any cleaning or other chemicals. To the extent permitted by law, including under the Australian Consumer Law, TheEND does not accept any responsibility or liability for: 

8.4.1.   fading or discolouration, due to exposure to direct or indirect sunlight; 

8.4.2.   fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly; 

8.4.3.   mould, mould damage or mildew due to exposure to water, condensation, liquids or a humid environment; or 

8.4.4.   rust or corrosion for items left exposed to salty water for extended periods of time.  

8.5.   TheEND recommends that you follow all care instructions for your Products. Further information can be found at Product Care

8.6.   Please choose carefully as TheEND will not provide you with a refund or exchange because you have changed your mind, or the Products did not meet your expectations.TheEND will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by TheEND. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. TheEND will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control. 

8.7.   You agree to use Products responsibly and in accordance with their intended purpose. TheEND shall not be liable for any injuries, damages or harm, whether direct, indirect, special or consequential, including but not limited to physical injury, property damage, or financial loss, arising from the use, misuse or inability to use any Products, to the fullest extent permitted by law.  

9.   TITLE & RISK

9.1.   Title to the Products passes to you once you have paid in full for the Products, and all other amounts payable by the Customer to TheEND for the Order. 

9.2.   Risk of loss or damage to the Products passes to you upon delivery of the Product/s to the Customer’s nominated delivery address.  

10.   LINKS 

10.1.   This Website may provide links or references to other site. We are not responsible for these sites and shall not be liable for any damage arising out of their use. 

11.   AUSTRALIAN CONSUMER LAW GUARANTEES 

11.1.   Under Australian Consumer Law you are entitled to a replacement, refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to 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. 

11.2.   The guarantees under the Australian Consumer Law are in addition to any Warranty against defects made by TheEND (for more information, see Warranty). Should your Product be defective, you may choose to make a claim under the ACL or the TheEND Warranty Against Defects. 

11.3.   For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au. 

11.4.   Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Products 

11.5.   To the maximum extent permitted by law, including under the Australian Consumer Law, TheEND is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of normal wear and/or the cost of transporting the Product to and/or from the specified place of repair or replacement.  

11.6.   Depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the Customer’s expense. 

12.   WEBSITE USE 

12.1.  You must not use the Website in any manner which is unlawful or which violates any right of us or other users. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. 

12.2.  You agree to indemnify and keep indemnified us, our related entities, affiliates, and their respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the breach of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity. 

13.   INTELLECTUAL PROPERTY  

13.1.   All materials and content on the Website including but not limited to any and all trade marks, service marks, trade marks, designs and products, are the property of TheEND and subject to copyright and other intellectual property protection. This Website contains commercially sensitive and valuable information which is both confidential and protected by copyright. Brands, logos, images and tag-lines are registered or unregistered trade marks owned or used under license by TheEND. 

13.2.   You can copy material for personal use but you must not republish, copy, reproduce, transmit, distribute or use any part of the Website in any other way, or modify or adapt any material on the Website, without the permission of TheEND 

14.   LIABILITY 

14.1.   The use of this Website is at your own risk. The Website is provided "as is”, with no guarantees of availability or functionality. While we have used our best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information. 

14.2.   Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify statutory consumer guarantees, as well as any other implied warranties under any applicable law (Non-Excludable Guarantees”). To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, TheEND, our related entities, affiliates, partners and suppliers and their respective directors, employees, agents and contractors, expressly exclude all terms, representations and warranties, express or implied, in connection with the operation of the Website, your use of or access to the Website, or inability to use or access the Website, the results of your access or any information, content or Products or services available on the Website. 

14.3.   Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, TheEND (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:  

14.3.1.   any increased costs or expenses; 

14.3.2.   any loss of profit, revenue, business, contracts or anticipated your use or misuse of the Products; 

14.3.3.   any act, omission or negligence by you, your agents or representatives; 

14.3.4.   any loss or expense resulting from a claim by a third party; or 

14.3.5.   any delays in delivery of the Products; 

14.3.6.   any special, indirect or consequential loss or damage of any nature whatsoever caused by TheEND’s failure to complete or delay in completing the Order to deliver the Products; 

14.3.7.   the use, copying, or display of the contents of this site;  

14.3.8.   goods or services supplied by TheEND under these Terms and Conditions;  

14.3.9.   any errors or omissions from any information on this site including typographical or photographical errors;  

14.3.10.  any technical malfunction, error, virus, delay or interference on this site; or 

14.3.11.  failure or omission on the part of TheEND to comply with its obligations under these Terms of Use. 

14.4.   For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of: 

14.4.1.   re-supplying or paying the cost of re-supplying services; and 

14.4.2.   repairing, replacing or paying the cost of repairing or replacing Products. 

14.5.   TheEND assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, virus, bug, tampering, theft or destruction or unauthorised access to or alteration of the Website, or any injury or damage to any person’s computer related to participation in or downloading any material from this Website. 

15.   FORCE MAJEURE 

15.1.   If a Force Majeure Event occurs, TheEND may be prevented, hindered or delayed in or from performing its obligations. If this is the case, TheEND will not be liable for non-performance of its obligations (other than an obligation to refund any monies paid by you for Products not supplied) to the extent that its performance is impacted by the Force Majeure Event. 

 16.   GOVERNING LAW 

16.1.   These Terms are to be construed and enforced in accordance with the laws of the State of New South Wales, Australia. Any dispute arising from, or in connection with, these Terms is exclusively subject to the jurisdiction of the courts of the State of New South Wales, including the Federal Court of Australia, New South Wales Registry. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. 

17.   SEVERABILITY 

17.1.   Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between TheEND and you for the purchase of the Products. In the event of any conflict between these Terms and those which may be included in, or implied by, any document forming part of a purchaser enquiry, specification, Order or contract, then these Terms shall prevail. 

17.2.   If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid. 

17.3.  To the maximum extent allowed by law, including under the Australian Consumer Law, the parties exclude all terms, conditions, and warranties other than those contained in these Terms. 

18.   DEFINITIONS 

18.1.   Australian Consumer Lawmeans Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading Acts; 

18.2.   Commercial means non-retail sales of Products by our commercial division to commercial operators such as hotels; 

18.3.   Customer means the person, entity, firm or corporation that acquires Products from TheEND pursuant to these Terms and Conditions; 

18.4.   Dispatch Date has the meaning given at clause 5.3; 

18.5.   Force Majeure Event means any circumstance or event which is beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, or similar event; 

18.6.   Full Paymentmeans the price of the Products together with all other charges payable by you pursuant to these Terms and Conditions; 

18.7.   Lead Time at Order Datemeans the estimated date that the Products are due to arrive at our warehouse and become available for delivery; 

18.8.   Non-Excludable Rightsmeans any right remedy, implied or express term or condition, warranty or statutory guarantee, the exclusion of which would contravene any statute or cause any part of these Terms to be void or unenforceable; 

18.9.   Order means the Products and services that the Customer is ordering from TheEND as documented in the Sales Order; 

18.10.  Price means the price of the Products together with all other charges payable by you pursuant to these Terms and Conditions for the Order; 

18.11.  Productsmeans the products (including furniture and any other items) and services (if any) that you buy from us; 

18.12.  Retailmeans the offer to and sale of Products via the Website or our Showroom, and specifically excludes Commercial and Wholesale offers; 

18.13.  Sale means Products sold at discount to the normal retail list price as part of an identified discount event or campaign; 

18.14.  Sales Order means the document setting out the Products and services that the Customer is ordering from TheEND; 


18.15.  Showroom means any retail display space set up by TheEND, at any location(s) specified on the Website.

18.16.  Terms means these terms and conditions;

18.17.   Website means the TheEND website available at www.theendpiece.com – as updated from time to time; and

18.18.  Wholesale means non-Retail sales of Products by our wholesale sales division to retailers and distributors rather than end users.

 

19.   CONTACT 

For Further information please refer to www.theendpiece.com  

Last updated in April 2025. 

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