Welcome to our website. This website is operated by Empressed Pty Ltd under the registered business name Simply Cushions. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, together with our website disclaimer, which with our privacy policy, govern Simply Cushions’ relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Simply Cushions and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Simply Cushions’ rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Simply Cushions is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Simply Cushions’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Simply Cushions.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Simply Cushions handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Simply Cushions.

Gift Cards

You agree to these terms and conditions when you purchase, redeem or attempt to use our gift cards. We reserve the right to amend these terms and conditions at any time without notice. When you purchase a gift card as a gift for another person, you must ensure that the end gift card holder is made aware of these terms and conditions including the expiry date. Gift cards are redeemable for purchases at our online store only. Gift cards cannot be redeemed or refunded for cash. The credit balance of a gift card does not accrue interest. Once purchased, you cannot cancel or exchange your gift card. If you place an order for a product of lesser value than the credit amount on the gift card, the remaining credit can be used for future purchases but this credit cannot be redeemed for cash. Where the cost of a purchase exceeds the available credit on a gift card, the cardholder will be required to make up the difference between the purchase price and the gift card credit amount. Gift cards are emailed to the email address provided within one (1) business day of receiving your order. We accept no liability for errors in the email address of the gift card recipient. Gift cards expire twelve (12) months from the date of issue. If an issue or expiry date is not specified, the expiry date will be twelve (12) months from the date of issue. Gift cards are valid until the expiry date stated on them. It is the gift cardholder’s responsibility to use the full value of the gift card before the expiry date. Any unused credit will not be refunded or credited when the gift card expires. You are responsible for the use and safety of your gift card. We assume no liability for the loss or theft of gift cards. Gift cards will not be reissued, refunded or honoured if lost or stolen. We are not responsible for any loss or damage resulting from gift cards being used without permission. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift card purchase or redemption of that gift card, we are entitled to suspend your gift card and/or require a different means of payment. Gift cards cannot be purchased with other gift cards, store credit or coupon codes. If an order made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as store credit only.

LINKS TO OTHER WEBSITES

Rockit Record Players may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Rockit Record Players and the owners of those websites. Rockit Record Players takes no responsibility for any of the content found on the linked websites.

Rockit Record Players’ website may contain information or advertisements provided by third parties for which Rockit Record Players accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

LINKS TO OTHER WEBSITES

Simply Cushions may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Simply Cushions and the owners of those websites. Simply Cushions takes no responsibility for any of the content found on the linked websites.

Simply Cushions’ website may contain information or advertisements provided by third parties for which Simply Cushions accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Simply Cushions absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Simply Cushions gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Simply Cushions to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Simply Cushions, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. Simply Cushions respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Simply Cushions’ secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Simply Cushions collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Simply Cushions does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Simply Cushions may be required, in certain circumstances, to disclose information in good faith and where Simply Cushions is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Simply Cushions. Simply Cushions expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Simply Cushions will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Simply Cushions reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Simply Cushions expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Simply Cushions concerning your use and access to Simply Cushions’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Simply Cushions that results in litigation then you must submit to the jurisdiction of the courts of NSW.

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