TERMS OF SERVICETERMS OF SERVICE (also known as “TERMS AND CONDITIONS” or “T&Cs”)
This website is operated by Brosa Design Pty Ltd ABN 47 166 783 491 ("Brosa Design", "Brosa") of 1/179 Johnston St Fitzroy VIC 3065. Throughout the site, the terms “we”, “us” and “our” refer to Brosa Design. Brosa Design offers this website, including all information, tools and services available from this site to you, the user, conditionally upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on servers maintained and provided by Amazon Web Services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the Service to you.
SECTION 2 - GENERAL CONDITIONS
Subject always to law, we reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
By accessing and using this site, you acknowledge that information available on this site is for information and illustrative purposes only and may not be accurate, complete or current. Images on the site may not necessarily reflect the subject of the image, and may be impacted by a number of factors including by the device you use to access the site and device settings.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Subject always to law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Further information concerning any product or information on this site is available by contacting Brosa.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Subject always to law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
Subject always to, but to the maximum extent permitted by, law, in no case shall Brosa Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing in these Terms shall be read or applied so as to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial ordinance which by law cannot be excluded, restricted or modified.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brosa Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If any agreement formed pursuant to and incorporating these Terms is a ‘small business contract’ for the purposes of the Competition and Consumer Act 2010 (Cth), a party may only apply or rely upon a provision of this Agreement to the extent that doing so is reasonably necessary to protect its legitimate interests.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria and the Commonwealth of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 21 - SPECIAL OFFERS
Terms and conditions for all promotions and special offers are published on this page.
SECTION 22 - MELBOURNE METRO & SYDNEY METRO DELIVERY
To view the postcodes that are part of our Melbourne Metro and Sydney Metro Delivery Zone, click here.
To find out more about Shipping and Delivery, click here.
Visit our Returns & Refunds page to view detailed information about our returns, refunds and cancellation policy.
SECTION 23 - STORE CREDIT TERMS AND CONDITIONS
- (a) Store Credit can be redeemed for goods and/or services at www.brosa.com.au only. Store Credit cannot be used to purchase Gift Cards.
- (b) Store Credit is valid for 24 months from the date it is issued. Any unused Store Credit will not be redeemable after 24 months. The validity date cannot be extended.
- (c) Once Store Credit has been issued, the value cannot be changed to a cash refund.
- (d) Store Credit does not accrue interest.
- (e) Store Credit can only be used on orders associated with your original account or email address. Store credit cannot be transferred to another person or account.
- (f) Brosa will not be responsible for any lost or stolen Store Credit.
- (g) Store Credit cannot be issued for purchases made with Zip Money.
- (h) If the value of your purchase is less than the value of the Store Credit, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. Purchase amounts that exceed the value of the Store Credit will require an additional method of payment for the balance due.
- (i) If an Order made using Store Credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only, and not refunded as cash.
- (j) We reserve the right to correct the balance of your store credit if we believe that a clerical or account error has occurred.
SECTION 24 - ORDER CANCELLATION AND RETURNSTo view our Full Cancellation and Return Policy, click here.
Competitions & Promotion Duration
Terms and conditions for competitions and promotions are published on this page. All start/end times published are at the local Melbourne Time (AEDT).
Promotional Codes are only applicable to the cost of products and are not applicable on shipping costs unless explicitly specified. Promotional codes are valid for customers of brosa.com.au. Promotional codes cannot be combined with other promotions or promotional codes. Brosa reserves the right to verify the validity of any order and may at its sole discretion cancel orders or refuse to fulfil orders where the promotional offer has been claimed by a non-qualifying customer or member. Your purchase and delivery are subject to Brosa's usual Terms & Conditions. Additional conditions of use may apply and will be communicated by Brosa.
Referral credits can be obtained by referring another using of different email and IP address. Brosa reserves the full right to remove promotional credit it from an account, or cancel an order made from credits, if it feels the credits have not been genuinely earned. An example of a non-genuinely earned set of credits, is where a user creates multiple email accounts to ‘game’ the referral credits system to earn him or herself more credits under different accounts. Referral credits can only be earned if the minimum order amount is met in the referee’s order (as of 1st June 2017, that amount is $200).
Subscribe to get $50 off your first order
This promotion is available for orders with a minimum spend of $499 (not including delivery) and is eligible to customers who are new customers (who have not purchased in the past). A promotion code is provided by email once subscribed. The promotion is available for that customer within 7 days of signing up. The promotion is not available with other coupon-based offers.
Any promotional codes received via subscribing to Brosa's email database will automatically expire within 7 days of receiving the promotional code. The following codes have expired:
- G823V871 (permanently expired at 11:59pm AEDT on the 31st of October 2018)
- 10OFF453X10S (permanently expired at 11:59pm AEDT on 8th of April 2018)
- G347N201 (permanently expired at 12.00pm on 20th of November 2018)
Size Doesn't Matter Sale - Any Size Mattress for the price of a single. While stocks last
The Size Doesn't Matter Sale any mattress for the price of a single applies to visitors of https://www.brosa.com.au who reside in Australia. The sale items will only be shipped to addresses within Australia. You will be eligible for discount off the RRP price of the products at https://www.brosa.com.au/products/greywing-mattress from 12.00am (AEDT) 8 February 2018 until stock runs out or until 11:59pm (AEDT) 30 June 2018 (which ever is sooner). The promotional price of all mattresses does not include shipping. Promotion and discounts exclude past purchases and gift cards. This promotion does not apply to items out of stock at the time of purchase. Brosa reserves the right to cut the promotional period short at its sole discretion and to verify the validity of the promotional offer and may at its sole discretion cancel orders or refuse to fulfil orders. All purchases and deliveries are subject to Brosa's usual Terms & Conditions.
Statement Custom Pieces In Time for Christmas - 30% off a selection of made-to-order furniture pieces (22/08/19 - 2/09/19 at 11:59pm AEDT)
The 30% sale off of our made to order furniture designs promotion applies to visitors of https://www.brosa.com.au who reside in Australia. The sale items will only be shipped to addresses within Australia. You will be eligible for 30% off the RRP price of the selected products as outlined here from 12:00am (AEDT) 22 August 2019 through to 2nd September 11:59pm (AEDT), the promotional period. The promotional offer of 30% off the product RRP does not include shipping.
Please make careful note of our cancellation policy on all made-to-order designs. Made-to-order items can be cancelled for a full refund within 7 days of placing your order. In case of a change or cancellation after this period, a 50% cancellation fee of the product price (as shown on your invoice) applies. If you do wish to change or cancel your order, please notify our Customer Experience Team by submitting your request here, or sending an email to email@example.com within 7 days of ordering.
Spring Clearance Sale - up to 50% off a wide selection of items (26/09/19 - 14/10/19 11:59pm AEDT)
The Brosa Spring Clearance sale applies to visitors of https://www.brosa.com.au who reside in Australia. The sale items will only be shipped to addresses within Australia. You will be eligible for the discounted price listed as of real time on the online store. Prices will be set based on stock availability and will update accordingly. Sales prices will be subject to change during the promotion, and no retrospective prices will be honoured.
Living Room Spend and Save - up to 25% off Living Room items (1/10/19 - 09/10/19 at 11:59pm AEDT)
The Brosa Living Room Spend & Save sale applies to visitors of https://www.brosa.com.au who reside in Australia. The sale items will only be shipped to addresses within Australia. The sale is applicable to all Living Room items as outlined here. Apply Discount Codes in Checkout to redeem savings.
Free Shipping 72hrs Only (12/10/19 12:00AM - 14/10/19 at 11:59PM AEDT)
The Brosa Free Shipping sale applies to visitors of https://www.brosa.com.au who reside in Australia. The offer applies sitewide and Free Shipping will be applied to the standard delivery option as determined by location and eligibility of the final shipping destination. Free shipping will be applied on the delivery page during checkout. Free shipping offers are valid only for the period specified and we reserve the right to withdraw or cancel promotional offers at any time.
Sit Tight - 25% off all Sofas, Sofa Beds, Armchairs, Ottomans, Dining Chairs, Benches, Office Chairs and Bar Stools (15/10/19 12:00am - 21/10/19 at 11:59pm AEDT)
The 25% off Sit Tight promotion applies to visitors of https://www.brosa.com.au who reside in Australia. The sale items will only be shipped to addresses within Australia. You will be eligible for 25% off the RRP price of the products at https://www.brosa.com.au/sit-tight-sale-oct-2019 from 12:00am (AEDT) 15 Oct 2019 until stock runs out or until 21 Oct 2019 at 11:59pm (AEDT) (whichever occurs first), the promotional period. The promotional price of 25% off the product RRP does not include shipping. Promotion and discounts exclude past purchases and gift cards. This promotion does not apply to items out of stock at the time of purchase. Brosa reserves the right to cut the promotional period short at its sole discretion and to verify the validity of the promotional offer and may at its sole discretion cancel orders or refuse to fulfil orders. All purchases and deliveries are subject to Brosa’s usual Terms & Conditions.