RETURNS & EXCHANGES
The following are the terms and conditions under which Cuddly Panda will supply the goods ordered/purchased.
1. ORDERING AND PURCHASES
1a. The Customer acknowledges that they have ordered or purchased the Products.
1b. Cuddly Panda offers no warranty that the Products are suitable for the purpose to be used by the Customer.
1c. The Delivery Date is approximate and whilst Cuddly Panda will make every effort to deliver on time, reasonable late delivery shall not be grounds for any dispute.
The Customer undertakes to pay the purchase price for the products using the online payment portal to confirm the order. No orders will be sent without full payment made prior.
Cancellations may incur a cost if Cuddly Panda has experienced a loss from this cancellation. This is made on a case by case nature, however we will endeavor to make this process as easy as possible when possible.
4. PRODUCT RETURNS
4a. Subject to clauses 4b, Cuddly Panda is under no obligation to accept any returns of Product from the Customer.
4b. If Products are defective or damaged through no fault of their own, the Customer is required to notify Cuddly Panda within 48 hours of delivery.
4c. If you notice any damage to your goods at time of delivery, Please email email@example.com within 48 hours of delivery.
4d. Cuddly Panda reserves the right to replace or repair such defective goods or to reimburse the Customer at the original purchase price. No product will be accepted without prior recognition from Cuddly Panda.
5. RISK AND TITLE
Risk in the Product passes to the Customer when the Product is delivered or dispatched to the Customer and title to the Product passes to the Customer on full payment by the Customer of all charges.
Cuddly Panda does not warrant any product sold by it, in any way whatsoever. The customer acknowledges that the customer relies solely upon the warranty extended to Cuddly Panda, by the supplier of such goods.
6a. The warranties herein contained extend to the original purchaser (whose details are recorded by Cuddly Panda) only. They do not cover any person to whom an item is transferred. Exercise of any of the above Warranties is subject to delivery of the item to Cuddly Panda and to proof of purchase and the date of purchase (as to which Cuddly Pandas’ records shall be conclusive in the case of disagreement).
6b. This Warranty does not cover the cosmetic appearance of any surface of any item or of its components which may be changed after an item leaves Cuddly Panda’s premises.
6c. This Warranty shall not extend to any item which is found to have been used for any purpose other than that for which it was manufactured, which is altered or modified in any way, or which has suffered prior damage, unreasonable use or failure to provide reasonable and necessary maintenance.
6d. There shall be no implied or actual Warranty with respect to the manufacture of, or merchantability, or fitness for a particular purpose of any item sold by Cuddly Panda and Cuddly Panda shall not be liable for any transportation charges, or for any direct, special, incidental, consequential (including loss of profit) or other loss or damage, whether based in contract, or tort, or arising from breach of any Warranty or otherwise provided that Cuddly Panda acknowledges that this Warranty does not exclude or limit the application of any provision of any Statute (including the Trade Practices Act) where to do so would contravene that Statute or cause any part of this Agreement to be void (“Non-excludable Condition).
6e. Cuddly Panda’s total liability hereunder for a breach of any Non-excludable Condition (other than one implied by Section 69 of the Trade Practices Act) is limited at its option to any one of supplying, repairing or replacing an item of furniture.
6f. All mattresses and bases are covered with the standard factory warranty with an additional extended warranty of between 5-10 years. This warranty is a back to base warranty and freight charge for defective product is liable from the purchaser.
7a. The Customer indemnifies Cuddly Panda, it’s employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity basis and whether incurred by or awarded against any of them) that any of them may sustain as a result, whether directly or indirectly of any claim.
7b. For the purpose of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.
These Terms of Supply contain the entire agreement between Cuddly Panda and the Customer in relation to its subject matter and supercede all prior negotiations, agreements, understandings and commitments between Cuddly Panda and the Customer in relation to that subject matter.