Welcome to our website. 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, which together with our privacy policy govern Living Element’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our websites.

Freight
All delivery prices are to your front door, ground level with good access. For multi-level and deliveries with stairs please contact us as there may be additional costs. For heavy or bulky items such as TV units, buffets, dining tables etc, you will need to arrange another person on your end to assist driver unload unless you have specified for a two man delivery. If you have tricky access please let us know in advance.
 
We will liaise with you directly so you will know when to expect your delivery. Please make sure you leave us with multiple phone contacts if possible to avoid complications. We may also give you our freight company’s contact details so you can call them to discuss the delivery day and time. We get that it’s important for you to know what day and time your delivery will take place and we’ll always do our best to provide accurate delivery information.

Deliveries will be made by a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

All items are inspected and checked thoroughly prior to dispatch to insure our strict quality standards are met.

Your goods will leave our warehouse 2-5 business days after full payment and confirmation of order unless otherwise stated.
 
We will ship all confirmed orders within 2-5 business days of payment unless otherwise stated. Melbourne deliveries are generally delivered within a week. Due to the variable nature of our orders and the many different locations we service, transit times will vary. But we’re only a phone call away so give us a ring and we can advise the lead time to your area.
 
Your delivery checklist:
- Provide us with two daytime contact numbers if possible
- Provide details of special delivery instructions, i.e. stairs or access issues
 
Please ensure there is someone to assist the driver to unload your item during business hours. Our standard delivery is a 1 man service. If 2 men are required please request in advance as this may incur additional cost.
 
Returns change of mind
We know you won’t be disappointed with your Living Elements purchase, and that’s why we back it with a 7 day money back guarantee for change of mind. Goods must be unmarked and neatly wrapped in original packaging, and in unmarked brand new condition. A full refund will be issued less delivery and return freight cost. 

Returns for change of mind will be paid back with return of monies or store credit up to you. Please note our returns limit is $4000 total. Any amount over this limit will be issued via store credit.

Our money back guarantee does not cover custom made or specially ordered items for change of mind.
 
All our products are covered by a 12 month warranty against workmanship and manufacturing defects for residential customers.

Returns damaged items

All our delivery charges are inclusive of full insurance. In the unlikely event your item is faulty or has been damaged in transit, we will organise a replacement at no charge. It is the purchaser’s responsibility to inspect the goods once they arrive and report any damages within 24 hours of receipt of goods. Please note the item needs to be returned carefully wrapped original packaging and in the same condition as received. Please contact us immediately via phone or email and leave us your contact number so we can take care of any issues. For customers who wish to arrange a refund instead of a replacement this comes under the change of mind policy as above.
 
Pricing
Great effort is taken to insure the costs of products and freight are correctly advertised, however, due to the variable nature and size of our items in some rare circumstances we may need to adjust the quoted pricing after a sale. We will always call you prior to dispatching the goods to make sure any changes are ok.
 
Availability
We will call you to confirm your order within 24 business hours of your purchase. Our items are sold via various websites and all sales are subject to availability. If in doubt, feel free to call our warehouse on 1300 224 228.

Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.


You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website.  We would be grateful if you bring to our immediate attention, any that you find.
 
We give no warranty and make no representation, express or implied, as to:

  1. the adequacy or appropriateness of the Goods for your purpose;the truth of any Content on Our Website published by someone other than us;
  2. any implied warranty or condition as to merchantability or fitness of the Goods for a  purpose other than that for which the Goods are commonly used;
  3. compatibility of Our Website with your equipment, software or telecommunications connection.

[Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.]

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

  1. The above two sub paragraphs do not apply to a claim for personal injury.

Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:   text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.  We will strongly protect those rights in all countries.

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
 
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Your Material
If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

You represent and warrant that:

  1. you own the rights to all of the Material that you post;
  2. any fact stated in your Material is accurate;

System Security
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

You may not use any software tool for the purpose of extracting data from our website.
 
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
 
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
 
Miscellaneous provisions
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
 
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.


At the end of the day were not happy unless you are and we will do our very best to look after you and treat you as a valued customer. 

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