Terms & Conditions
1. Website terms of use
This website (Site) is operated by bosscat – trading as Chris Henderson, ABN 32 369 265 221- (we, our or us). It is available at: bosscat.com.au and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any LegaContent is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Third-party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
2. Prices, delivery charges, and delivery
The prices displayed at bosscat.com.au include the statutory goods and service tax (GST) but do not include a delivery charge.
We offer free delivery charges for all orders in Australia.
If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in-store and online may vary.
Bosscat exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to your chosen address in Australia.
Bosscat endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to dispatch orders one business day after payment has cleared. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event, the delivery time exceeds 30 days, you may cancel your order.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.
If your order does not arrive in a reasonable time, please contact bosscat via admin@bosscat.com.au.
3. Ordering/conclusion of contract
The ordering option available to you is via bosscat.com.au.
Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfil your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, we will contact you to settle the refund.
4. Withdrawal of Order and returns
An order may be withdrawn and full monies returned, given that notification is received by bosscat prior to the order being shipped. To do so, the customer must contact bosscat directly via the contact page or the returns page on the Site, in a timely manner.
Due to the nature of goods sold by bosscat, exchanges are not permitted.
If the item you have received is defective, please notify bosscat within three days of receipt of goods. We will, for any products deemed defective, provide a full refund, including the return postage fee. Refunds do not include shipping costs paid on your original order. The provisions set forth herein do not limit any applicable statutory rights.
Once we receive your return, we inspect your item(s). If we deem that the product is faulty, a refund will then be initiated. If we determine that the concern is of no fault of bosscat, a refund will not be issued and return postage will become the responsibility of the customer.
Our goal is to process approved returns within three to five business days of receipt. Credits may take up to an additional five business days to post to your account. Given shipping and processing time, the return process can take up to two to three weeks.
Final credit to your account depends on the policies of the bank or institution of your original payment method.
We will notify you via email when your return has been processed.
5. Payment methods
You can pay for your goods in various ways as set out below:
- Shopify Payments
- Credit card or debit card: You can enter your payment details at the time you place your order using a valid credit or debit card (VISA, Mastercard or AMEX). Bosscat reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
- AfterPay: Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase. All orders are subject to Afterpay’s approval.
6. Limitation of Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. You assume all risk of use of all features of a Site. You release bosscat of all responsibility for any consequences of their use.
By continuing to access our Site you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
Our Site and its contents are provided to you on “as is” basis; our Site may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Site will always be available or fault- or virus-free.
Bosscat makes no representations or warranties of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Site, except as otherwise provided under applicable laws.
Bosscat is not responsible for indirect losses which are a side effect of the main loss or damage, for example, loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
7. Updates and terminations
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
At any time, we may, in our sole discretion, suspend or terminate the access to the Site for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities
Bosscat may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Site breaches these terms or any applicable law.
Bosscat may identify or bring legal action against any person who is or may be breaching these terms.
8. Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
9. Product specifics
Bosscat furniture is manufactured using remnant carpets, and as such, the colour, texture, and pile of carpets used in the furniture varies from product to product. The customer acknowledges that the colour, texture, and pile of carpets used in their ordered product will be unknown until receipt of the product.
By ordering from the Site, the customer acknowledges this variation and accepts that the photos used on product pages and the Site, in general, are examples only and are merely representative of the products’ carpet components.
We make all reasonable efforts to accurately display the attributes of our products, including weight, height, and footprint measurements. As the products are handmade, minor variations are expected.
All bosscat snugs are hand-dyed. Whilst the same dye is used for each advertised product, variations in results will occur. The customer acknowledges that colours vary between products.
The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display colours as representative of actual products.
10. Guarantee
If there are defects in the goods you have purchased, bosscat abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided return form on the Site, or by emailing admin@bosscat.com.au.
11. Assignment
Bosscat reserves the right to assign or pledge to third parties any claim(s) for payment [including any payment instalments] which have arisen in connection with the delivery of goods.
12. Disputes
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
13. Severance
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
14. Jurisdiction
Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.