• Home
  • Terms & Conditions | west elm Australia

Terms & Conditions


Welcome to westelm.com.au (“Web Site”), which is operated by Williams-Sonoma Australia Pty Ltd ACN 157917783 (“West Elm”). We are part of the Williams-Sonoma, Inc. Brands which includes Williams Sonoma®, Pottery Barn®, pottery barn kids® and West Elm®.


Please take a few minutes to review these Terms and Conditions. Your use of the Web Site or purchase of products from us constitutes your agreement to these Terms and Conditions.


These Terms and Conditions May Change

West Elm reserves the right to update or modify these Terms and Conditions at any time without prior notice by posting updated terms of use on the Web Site. The Terms and Conditions that will apply to your order are the Terms and Conditions that are available on the Web Site when we accept your order. For this reason, we encourage you to review these Terms and Conditions each time you purchase products from us or use our Web Site.


Making a Purchase

Orders and Acceptance

When you place an order, West Elm will send you a confirmation email with the details of your order. This is not an acceptance of your order. Orders are only accepted when West Elm expressly notifies you of its acceptance. West Elm reserves the right to accept or decline, in whole or in part, any order placed by you.


West Elm will notify you as soon as possible regarding the availability of the products you have ordered. If West Elm advises you that a product you have ordered is no longer available, your order is automatically declined.


If a product you have ordered is temporarily out of stock, West Elm will place that product on back order and supply it when stock becomes available, unless you notify us that you wish to cancel the order, which you may do any time before the product is shipped. West Elm will advise you of the delay.


If you have placed an order but are unreachable to schedule a delivery within 60 days of your order becoming available to ship, West Elm reserves the right to cancel your order. If West Elm cancels your order in these circumstances, any payment which has been processed will be refunded to you using the payment details provided at the time of placing your order.


Delivery and Risk

West Elm will endeavour to deliver products for accepted orders to the shipping address specified in your order on or before any estimated delivery date, including those set out in the Shipping Information Page. of our Web Site. West Elm does not warrant or guarantee that it will be able to deliver all products by the specific estimated delivery date but will deliver all products for accepted orders within a reasonable time.


All risk in the products will pass to you once the products are delivered to the delivery address specified in your order.


Price, Additional Fees and Special Offers

Prices are subject to change.


The prices displayed on our Web Site may differ from prices that are available in stores or in catalogues, and our pricing may differ from store to store. All prices quoted on this Web Site include Australian GST (where applicable).


A shipping and processing fee will apply to all shipments of West Elm products. These are in addition to the quoted price and can be found on the Shipping Information Page. of our Web Site. Our shipping and processing charges are intended to compensate West Elm for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to review detailed information about our shipping and processing fees.


Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.


Payment

You must enter your payment details at the time you place your order. However, payments will not be processed until availability of the products you ordered have been confirmed and your order has been accepted. All prices are and payment must be made in Australian currency.


For credit card purchases, at the time of order placement an authorisation hold will be placed on your nominated credit card account to ensure sufficient funds are available to cover the pending cost of the merchandise purchased. Once the availability of the products you ordered has been confirmed and your order has been accepted then the ‘Pending’ authorisation will convert to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used by the card issuer) on your card statement and status updates (if provided by your card issuer).


If you choose a debit card as your method of payment, a debit will occur on your nominated bank account. This is an authorisation hold to ensure sufficient funds are available to cover the pending cost of your order. Once authorisation is obtained and your order has been accepted, a second debit will appear on your account which is the settlement transaction. Your bank will subsequently release the funds from the initial debit (the authorisation hold). Please note this release can take place after the settlement debit occurs, and is up to your bank’s timelines to complete.


If you choose PayPal as your method of payment, an authorisation hold will be placed on your PayPal account to ensure sufficient funds are available to cover the pending cost of the merchandise purchased. Once a successful authorisation is obtained from PayPal, the authorised amount becomes unavailable for other purchases and is temporarily blocked. When West Elm has a valid authorisation, the authorised amount shows on statements and status updates (if provided) as ‘Pending’ (or some other synonymous term used).


The typical timeframe that the pending payment stays on your PayPal account is 7-12 days but can vary. West Elm does not have any control over this timeframe. If West Elm fulfils the order within the timeframe that PayPal retains the authorisation for, then you will see the ‘Pending’ authorisation converted to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used) on your statement and status updates (if provided).


If there is a wait time for the order to be fulfilled which is longer than the timeframe that PayPal retains the authorisation, then the authorised amount should drop off your available balance and becomes available for other purchases. Once your order is fulfilled at a later date then the above authorisation process will occur again and you will see the “Pending” authorisation converted to ‘Sale’ or ‘Completed’ status (or some other synonymous terms used) on your statement and status updates (if provided).


If you choose Afterpay, any authorisation hold for the amount of your pending purchase will be processed as between you and Afterpay, and all charges to your card will be issued from Afterpay in accordance with the payment schedule agreed between you and Afterpay.


For payments made using Afterpay, if the period by which your order is fulfilled exceeds the payment schedule agreed between you and Afterpay, there will be no additional charges or authorisations required from Afterpay or West Elm.


Please contact your card issuer, PayPal or Afterpay, as applicable, for further details regarding the authorisation process for your payment method.


Click & Collect

Some of our stores offer Click & Collect in-store pick-up options. Payment for these items will be taken at different times depending on your payment type:


1. AfterpPay is charged immediately upon completing the on-line transaction, prior to confirming the order is in stock and ready for you to collect.


2. Credit/Debit & Gift Cards are authorised upon completing the on-line transaction and charged within 30 minutes.


3. PayPal is authorised upon completing the on-line transaction and charged when the item is confirmed available in- store and ready for you to collect.


We will hold your order for 5 days after we notify you that it is ready for pick-up unless you contact the store directly to make arrangements to pick up after 5 days. After 5 days, we will return your item to the store floor and credit the amount of your Click & Collect purchase back to the payment method used on the order.


Use of Our Web Site

User Comments

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of West Elm. By submitting any such Comments, you grant West Elm a perpetual, non-exclusive, worldwide, royalty free, sub-licensable license to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.


For this reason, we ask that you not send us any Comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, recipes, computer code or original artwork.


You further agree that you will not upload, post or otherwise make available on the Web Site any material protected by intellectual property rights owned by a third party. You will be solely liable for any damage resulting from your Comments including any infringement of intellectual property rights, or any violations of rights of privacy, or any other harm resulting from any Comments that you make. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Comments posted by you to or through the Web Site and indemnify us against any costs or expenses that we suffer or incur as a result of any comments posted by you.


When submitting Comments to or otherwise using the Web Site, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (eg privacy) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
  • Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).
  • Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Web Site or take any content from the Web Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions, goals, profiles or Comments posted by others on the Web Site.

Note: This list of prohibitions provides examples and is not complete or exclusive.


West Elm takes no responsibility and assumes no liability for any Comments posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.



General Terms

Disclaimer

This Web Site and all content available on this Web Site are provided on an “as is” basis without any warranty or guarantee except as required by law. The Competition and Consumer Act 2010 (Cth of Australia) may confer rights, guarantees and remedies on you in relation to the provision by West Elm of goods and services from the Web Site, which cannot be excluded, restricted or modified. West Elm does not exclude, restrict or modify those rights. To the maximum extent permitted by law, West Elm disclaims all other representations, guarantees, warranties and terms, either express or implied, including without limitation warranties and guarantees of fitness for a particular purpose.


You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that West Elm shall not be liable for any damages of any kind related to your use of this Web Site.


Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods.


If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.


In relation to goods and services supplied by West Elm which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, West Elm’s liability for breach of any consumer guarantees is limited to:

  • In the case of services (i) the supply of services again, or (ii) the payment of the cost of having services supplied again; and
  • In the case of goods (i) replacing, or paying the cost of replacing the goods, or (ii) repairing or paying the cost of repairing the goods.


Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in our catalogue that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. To the extent permitted by law, West Elm reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If you have placed an order or purchased a product on the basis of erroneous or inaccurate information on our Web Site or in our catalogue, you may cancel your order and obtain a refund of any amount paid (subject to, where relevant, your return of the product to us).


***************


Any action relating to the use of the Web Site, catalogues or any transaction with West Elm must be brought in the courts of New South Wales, Australia.



Gift Card Terms of Use

These terms of use apply to all Gift Cards and e-Gift Cards issued by Williams-Sonoma, Inc. on behalf of its brands Pottery Barn®, pottery barn kids®, West Elm®, and Williams-Sonoma®.


Definitions

  • "PIN" means the eight digit PIN printed on the Gift Card;

  • "Card Number" means the sixteen digit number that appears on your Gift Card;

  • "Gift Card" rrefers to either the "physical Gift Card" that you have purchased or received from one our stores: Pottery Barn, pottery barn kids, West Elm or Williams-Sonoma OR the "e-Gift Card" that you have purchased or received online from www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au;

  • "Remaining Card Value" means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms of Use;

  • A reference to "we" or "us" is a reference to Williams-Sonoma, Inc., and our brands Pottery Barn, pottery barn kids, West Elm and Williams-Sonoma;

  • A reference to "you" or "your" is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use, or who authorises another person to do something with or to the Gift Card on their behalf.


Introduction

This document contains the full set of terms of use governing your use of the Gift Card.


We recommend that you read this document carefully before using the Gift Card. If you have any questions or would like more information about your Gift Card, you can call us toll free at 1800 239 516 or visit one of our stores.


Accepting the Gift Card and Agreeing to these Terms of Use

By purchasing, redeeming or attempting to redeem a Gift Card, you accept and agree to be bound by these Terms of Use; and acknowledge that you have read and understood our Privacy Policy (available from https://www.westelm.com.au/privacy-policy.


Gift Card Inclusions & Exclusions

Both physical Gift Cards and e-Gift Cards may be used for making purchases at Pottery Barn, pottery barn kids, West Elm, and Williams-Sonoma stores or online at www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au in Australia.


Gift cards cannot be used for purchases by email, phone or fax.


How to Purchase Gift Cards

IN STORE: Physical Gift Cards may be purchased at any of our Pottery Barn, pottery barn kids, West Elm, or Williams-Sonoma stores in Australia. A minimum of $5.00 and a maximum of $1000.00 can be loaded on each card.


ONLINE: e-Gift Cards may be purchased online at www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au. A minimum of $25 and a maximum of $500 can be loaded onto each e-Gift Card.


Note: there may be a delay with the Gift Card activating in the system once loaded. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.


Gift Cards cannot be purchased by using a Gift Card.


How to Reload the Gift Card

Gift Cards cannot be reloaded. No additional payments can be made to increase the value of the Gift Card after it is initially acquired.


Purchases with your Gift Card

IN STORE: Select goods in your participating store with a Gift Card or printed e-Gift Card and take them to the point of sale operator. The operator will swipe your card or scan the e-Gift Card barcode.


You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are authorised by you.


ONLINE: Enter the Card Number and PIN on your Gift Card at checkout.


The transaction will be completed when the balance has reduced on your Gift Card. No change will be given: any remaining balance on the card can only be used in whole or part against future purchases.


You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are authorised by you.


Transactions are authorised by you by:


When you authorise a transaction:

  • you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
  • you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.


Purchases Exceeding the Gift Card Value

Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using either a debit or credit card. At the time of purchase your debit or credit card will be temporarily authorised for the amount that exceeds the Remaining Card Value. Please see Payment Terms & Conditions for more details regarding debit or credit card payment authorisation.

Where the original transaction involved multiple forms of payment which included a gift card and a refund amount less than the total original transaction amount is sought, the refund amount will first be issued in the form of a gift card up to the amount originally paid by gift card, with any remaining amount then refunded to the credit or debit card used for the purchase up to the amount originally paid.


No Cash Advances

You cannot obtain any cash advance with your Gift Card or redeem your Gift Card for cash.


Validity and Expiry of Gift Cards

Williams-Sonoma, Inc. Gift Cards do not expire and can be used for purchases as long as there is a remaining balance.


If you are giving the Gift Card to another person please advise them of the Terms and Conditions that apply.


Re-issue of Faulty or Damaged Gift Cards

Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Williams-Sonoma, Inc., or our agents or contractors.


Destruction of Gift Card with No Value

Once the Remaining Card Value is completely used, destroy your card by cutting it in half diagonally. Your Gift Card cannot be reloaded.


Lost or Stolen Gift Cards

Treat your Gift Card like cash. Lost or stolen cards will not be replaced or refunded.


Checking your Gift Card Balance and Transaction History

You can check your card balance, expiry date and transaction history at any time in-store or online, or you can call toll free on 1800 352 491. For balance enquiries by phone, you will be required to enter both the Card Number and PIN on your Gift Card or e-Gift Card prior to getting access to the card information.


Can I Exchange my Gift Card?

You cannot exchange your Gift Card for a different brand, design, denomination or type of Gift Card or for another tender, cash or discount.


Can I Cancel my Gift Card?

No, you cannot cancel your Gift Card.


Exchanging Items Purchased with a Gift Card

Goods that are purchased solely or in part with a Gift Card may be exchanged or returned subject to our return policy.


Your Gift Card, Your Responsibility

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.


Privacy and Confidentiality

Our Privacy Policy explains how we handle the personal information that we may collect from you. A copy of our Privacy Policy is available at https://www.westelm.com.au/privacy-policy. It is important that you carefully read and understand our Privacy Policy.


Errors and Complaints


Gift Cards

If you have reason to believe that an error has occurred in relation to your Gift Card, you can call us toll free at 1 800 239 516.


Goods or Services

Any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.


Force Majeure

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.


Applicable Law

These Terms of Use are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia, New South Wales Registry).


Further Terms of Use for e-Gift Cards

All e-Gift Cards are managed by our partner CashStar. For further terms and conditions, see https://williams-sonoma-inc-au.cashstar.com/about/terms_and_conditions


Care Cover Protection Plan

The Care Cover Accident Product Warranty (APW), and the West Elm product it is covering must be purchased in the same transaction. Under the Warranty, if accidental stains or damage occurs to the furniture covered by your Accident Product Warranty, you may be entitled to:

  • A repair of your furniture;
  • Re-selection of similar furniture; or
  • A refund of the cost of your Product Warranty; or
  • A replacement of your furniture.

Customer must contact Care Cover directly to inquire about or make a claim under their Warranty. See full Care Cover Accident Protection Plan Terms & Conditions.


Care Cover is a subsidiary of Mobile Services International Pty Ltd (MSi).


Care Cover is the foremost provider of furniture protection plans in Australia. For further information go to www.carecoveraustralia.com.au



West Elm Email Flyover Giveaway

-The Promoter Williams-Sonoma Australia PTY Ltd (“WSI AUS”), on behalf of its brand, West Elm AUS, with its principal place of business at 3250 Van Ness Avenue, San Francisco, CA 94109
-Promotion type: Game of chance.
-The Promotion will commence on Tuesday 2 April 2024 and close on Tuesday 30 April 2024.
-Entry Restrictions: This promotion is only open to residents of Australia –Employees (and their Immediate Families) of the Promoter, or its parent companies, subsidiaries or affiliated companies, or any agencies associated with this promotion are ineligible to enter. “Employees” means any directors, management, employees, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment. “Immediate Family(ies)” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter). The Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion. The Promoter may require entrants to provide reasonable proof that they meet the requirements for entry in the Promotion.
-How to enter online: During the Promotion Period, entrants are required to log on to westelm.com.au and follow the prompts to the competition details.
Entrants must:
1. Enter a valid email address
2. Subscribe to brands’ newsletter
-Prize draw: A digital random prize draw will be conducted on Friday 3 May 2024. The first valid entry randomly drawn from all valid entries received up to the time of the relevant draw (excluding previous winning entries) will win a prize for them.
-Prize details: $250 West Elm gift card for the winning entrant.
-Notification: Winner will be notified by email within 2 business days of the applicable draw.
-Prize Claim Date and Time: Prizes must be claimed within 6 months of the end of the Promotion Period. The West Elm voucher will be emailed directly from Williams Sonoma group.
-Unclaimed Prize Draw: If a prize remains unclaimed or is forfeited for any reason, the Promoter may conduct a further draw or draws as the Promoter deems necessary to distribute any unclaimed prize(s), subject to any written directions under relevant Lottery and Gaming Regulations.
-Entry Limits: Single entry only.
-Additional Prize Terms: If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a replacement prize to an equal value. Tickets/ Vouchers Gift Cards are subject to the terms and conditions imposed by Williams Sonoma, including period of validity. Gift cards may be used for making purchases at Pottery Barn, Pottery Barn Kids, West Elm and Williams Sonoma stores or online at www.potterybarn.com.au, www.potterybarnkids.com.au, www.westelm.com.au or www.williams-sonoma.com.au in Australia only. Gift cards cannot be used for purchases by email, phone or fax. Gift cards cannot be redeemed for cash, reloaded, returned for a refund or have its balances consolidated onto a new card. The gift cards have no expiry date. The promoter is not responsible for any lost or stolen gift cards. Refer to westelm.com.au/terms-conditions for full gift card terms and conditions. Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the Prize value. Prize winners are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize.

Terms and Conditions

-Information on how to enter the West Elm Email Flyover Giveaway competition and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
-All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
-Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
-Incomplete and indecipherable entries and any entry which has incorrectly entered personal information or contact details shall be deemed an invalid entry. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements).
-The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
-The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
a. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion;
b. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
c. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
-If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the West Elm Email Flyover Giveaway, as appropriate.
-An entrant's entry must not include:
a. any image or voice of any other person without that person's express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms & Conditions.
-The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant's entry.
-Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
-Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the prize(s). Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter's sole discretion is not able or suitable to participate in any of the experiences for reasons of the participant's own or anyone else's safety.
-Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must submit their entries and/or claims manually using an internet browser.
-The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.
-Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
-As a condition of claiming a prize, the Participant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
-The Promoter may communicate or advertise this competition using Facebook and/or Instagram or another social media platform. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability in connection with this Promotion.
-The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the prize is cash). If a prize, or an element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
-The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid.
-Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
-The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth)
-Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the images submitted by them during this competition. Entrants also irrevocably consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
-The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties required for the provision of the Prize. Entry is conditional on providing this information. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion.
-CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.
-The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter's privacy policy can be viewed at https://www.westelm.com.au/privacy-policy. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter.