POLICY

Privacy

M Design Australia Pty Ltd trading as M Design takes the protection and proper use of your personal information seriously. Your privacy is of the highest importance to us. We comply fully with all applicable Data Protection and consumer legislation, and all of your personal information is treated as confidential.

Your Personal Information may be disclosed to other businesses within the  M Design and to reputable third parties who will help process your order.  M Design requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable Australia Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the  M Design for mailing or marketing purposes.

In order to serve you most efficiently, reputable third-party banking and payment gateway institutions handle our credit card transactions. They receive the information needed to verify and authorise your payment card. All such organisations are under strict obligation to keep your personal information private.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are obliged do so.

If you do not agree to these terms, please do not access or use this site.


Website terms & conditions

The following terms and conditions apply to mdesign.io. By placing an order with us you are agreeing to accept these terms and conditions (The Conditions).

Please note, these terms and conditions are subject to change at any time, without notice, and it is your responsibility to check these terms and conditions before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access this website.

If you have any queries relating to our terms and conditions, please contact our team on info@mdesign.io before placing an order.

The following terms and conditions will apply between you and M Design when you purchase an item from mdesign.io.


General terms

Your contract for purchases made through mdesign.io is with M Design and you undertake that all goods ordered by you are for your own private and domestic use only.

You must be at least eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

You warrant that all details you provide to mdesign.io for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

You agree that e-mail can be used as a long-distance means of communication.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. M Design tracks the electronic 'fingerprints' of every order placed on mdesign.io to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on our website.

M Design reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:

  • You fail to make payment to us when due
  • You breach any of our terms and conditions
  • When requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
  • We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on mdesign.io.

Ordering

As a valued customer of M Design we would like to ensure you are satisfied with the service we provide. When placing an order, you warrant that any and all information given is accurate and complete.

All orders are subject to acceptance and product availability.

All prices listed on mdesign.io are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time.

No contract for the sale of any product will exist between you and mdesign.io until we accept your order by dispatching the product to you. By completing the order on mdesign.io and paying the necessary deposit, you accept the brand, quantity, design, colour and quality of the items noted as presented in the most recent communication of the M Design Furniture Packages proposal for the nominated Development/Property.

M Design specify the exact brands of times when possible such as; Furniture pieces, Appliances, Electronics, Soft furnishings, Accessories and Window furnishings. Due to the long lead times between ordering your Furniture Package and delivery, the exact model or style number within that brand may not be available for all items at the time of ordering. In instances, which are out of the control of M Design, a particular product may become discontinued or unavailable after an order has been confirmed with a deposit. M Design will promptly communicate suitable substitutes that meet the style, size, quality and colour requirements for the Property.

You are entitled to cancel this contract if you wish, provided that you exercise your right within seven working days after the day on which you have placed your order. However the deposit for an order is not refundable.

M Design may be able to offer an equivalent credit should the order be cancelled or revised. Any changes to Furniture Packages after an order is placed will incur all associated additional costs and administration/delivery fees as stipulated by M Design Changes may also impact proposed time frames.

The balance owing on an order must be received no later than 14 days before the scheduled delivery program or the final co-ordination will be delayed and all associated storage and re-delivery costs will be the responsibility of the Client.

All goods remain the M Design until full payment is received. The price of the Furniture Packages is valid for the stipulated timeframe only. Any changes or delays outside of M Design control may impact prices.


Delivery

M Design will arrange all aspects of the delivery and installation of your Furniture Package to the nominated Property. Co-ordination of delivery for the Furniture Package will not commence until full payment has been received.

A Furniture Package can only be installed only if:

  • Water and electricity are connected
  • The Property has been completed and cleaned
  • Building defect works are carried out prior to or after M Design delivery and hand over to the Client
  • M Design is authorised to be on site and is provided with keys, security passes and codes etc. from relevant parties
  • Lifts are operational
  • The Property is lockable

M Design will liaise with the relevant parties to establish a delivery program/date so that the Property is furnished as promptly as possible. Unless agreed before hand, delivery will occur over a single period. M Design is not responsible for delays caused by others and which are beyond its immediate control, including but not limited to, late or delayed in settlement dates and builder’s defects. M Design is not responsible for any associated costs incurred for changes to an agreed delivery program. This situation does not create any rights for the Client to cancel the order or terminate their order.

If Client causes a Property to be inaccessible and/or prevents delivery during the delivery program, the Client will incur the associated delivery, storage and administration fees. If the delivery site is not adequately secured during the delivery program and items are stolen, damaged or misplaced, M Design shall not be liable to the Client in any way.

M Design will deliver, unpack, assemble, installed the items into position and style the Property, and will remove packaging/rubbish.

On completion of the installation and styling, M Design will carry out final inspection with the Client or Client’s representative for hand over. M Design will not be liable for any damages to any of the products or the Property after handover. The Client or Client representative must be available for this inspection at a time scheduled by M Design.


Liabilities

M Design does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on mdesign.io is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at this price.

We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order.

In the unlikely event that you receive goods which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods plus return the goods to us, if we request you to.

We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of mitigating factors such as Internet browsers, monitor colour contrasts etc., we cannot be held responsible or liable for any colour discrepancies between the image and the actual product.

The products sold on mdesign.io are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from mdesign.io.

We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.

We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.


Warranties

Despite all our efforts, there will inevitably be occasions where an item is faulty or damaged in some way. Where this is found at the time of delivery, we will arrange to deliver another at the next opportunity (in accordance with the relevant lead time and subject to stock availability).

All goods are guaranteed to be reasonably fit for the purpose of residential use only. Unless otherwise specified, we guarantee that all items will provide a minimum of 12 months of reasonable residential use. We may offer longer guarantees on certain items; these will be set out on the company's official sales information for the items. This excludes damage to fabrics or other surfaces arising from normal wear and tear. This guarantee is in addition to any warranty provided by the supplier. This does not affect the Customer's statutory rights.

Where an item develops a fault within the warranty period, the Customer should notify us in writing with full details and photographs of the problem. We may request to inspect the item before acknowledging that the item can be returned as faulty. If the fault is covered under warranty, we will arrange for it to be repaired. Where we deem that repair will not provide a satisfactory solution, we will agree to exchange it.

Unless we specifically confirm otherwise in writing before an order is placed, we do not guarantee that any items are suitable for contract use


Additional

In the event that the Client is in breach of these terms and conditions, or the Client is in the situations noted below, M Design shall be paid all outstanding debts and be entitled to suspend further delivery of goods until all outstanding amounts have been paid in full.

  • Client goes into liquidation
  • Client passes away
  • Client becomes bankrupt or takes advantage of any law relating to bankruptcy
  • Client is unable to meet financial obligations for the purchase of the Furniture Package

Any costs associated with the above and/or the removal of any part of a Furniture Package from the site of an installation, due to any of the above factors or others, will be the sole responsibility of the Client.