Terms and conditions

SUMMARY OF TERMS AND CONDITIONS

Welcome to Tempted! Please find the fine print here, as well as a summary of our privacy policy and terms and conditions below.

Privacy Policy

Tempted will only use your personal information for the purpose of providing the products and services you have requested from us. We protect your personal information with the help of SSL encryption. All necessary financial details are processed and stored by PayPal, Inc.

Terms and Conditions

By using our website, you unreservedly accept the Terms and Conditions, including our Privacy Policy.

Our products 
Some of the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. The shade of colour from screen to screen is not a faultor error.

Your order 
After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guaranteethat the product(s) you have ordered is/are available. We will send you a second email once your order has been sent. We reserve the right not to accept your order if we are unable to obtain authorisation for payment and where we suspect fraudulent activity.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Visa and MasterCard) and PayPal. 

Delivery 
Delivery fees and times vary for different products. The delivery price for each order will be displayed during the checkout process prior to payment. Typically, items listed on the website will be dispatched within 24 to 72 business hours. Orders received and processed by us on Friday or weekend days will be dispatched on the following Monday. Your order will require a signature upon delivery. We deliver most products Australia-wide. We are not able to accept orders for international delivery at this time. 

Cancellations 
You may cancel an order, only before an order reaches the dispatch processing stage.

Exchange 
Unfortunately we do not offer exchanges. Simply return your items in accordance with our return policy and place a new order. 

 
RETURNS 

14 day returns 
If you change your mind, you may return it to us within 14 days of the date you received it providing that the product is in 'as-new' condition. You will be responsible for the actual shipping costs (the costs of shipping the item to you in the first place and the cost of shipping back to us). You can lodge a return request via the 'My Account' page or contact us with your name and order number via email online@tempted.com.au.  Please note that return requests can only be processed via email or on your ‘My Account’ page. We will not accept returns delivered in person to our stores.

Damaged in transit 
If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately via email online@tempted.com.au.

Wrong item delivered 
Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can via email online@tempted.com.au. We will arrange for the pick-up and return of the incorrectly shipped item at no cost to you and consequently send you the correct item once we have received the original product.

Faults and Warranty Claims 
If an item arrives that is missing parts, is faulty or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible via email online@tempted.com.au.

Our Faults and Warranties policy does not cover: 

  • Normal wear and tear
  • Damage arising from improper assembly or modification
  • Damage arising from abnormal use or abuse
  • Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
  • Damage to external or product packaging only
  • Damage occurring during your own handling and transportation of goods from a pick up location
  • Insignificant minor variations in dimensions, colour, grain or finish
  • Insignificant minor imperfections or superficial blemishes



Gift Cards 
Customer may purchase digital Gift Cards from our website. Gift Cards and store credits cannot be used to purchase Gift Cards. Gift Cards expire one year after the date of their purchase.


Facebook and Blog 
We're all about the home, specifically, creating a more beautiful home. We welcome contributions on this topic. We'll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol.

Applicable law 
These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our website is available only to people who can form legally binding contracts under applicable law. 

 

 

 

 

 

 

 

 

The fine print...

General Information

Privacy Policy

This policy sets out how Tempted Pty Ltd will handle the personal information that you may disclose to us when you use a Tempted Pty Ltd website or other Tempted Pty Ltd services. This policy contains information on how Tempted Pty Ltd collects, uses, discloses and stores personal information. The policy can be broadly summed up by this statement: Tempted Pty Ltd will not sell or rent your information to another party and will only use your personal information for the purpose of providing the products and services you have requested from us. 

What types of personal information will Tempted Pty Ltd collect? 

Tempted Pty Ltd will only collect the personal information that it needs to help you enjoy the full range of Tempted Pty Ltd services. This means that when you use a Tempted Pty Ltd website or other Tempted Pty Ltd services, Tempted Pty Ltd may collect personal information such as your name, address, telephone number, email address and age.

Tempted Pty Ltd does not collect sensitive information from users of the Tempted Pty Ltd website. 

How Tempted Pty Ltd collects personal information

We collect personal information from you if you buy something from us, if you subscribe to our newsletter(s), if you sign up for an account with us and also if you enter a Tempted Pty Ltd competition. 

We may also collect personal information, when you use a Tempted Pty Ltd site, by using cookies, recording your IP address and other statistical methods. 

When you share personal information with us, we will use our best endeavours to store and protect it securely. We will use SSL encryption to help us with this task. 

How we use your personal information

In general, Tempted Pty Ltd will use your personal information to provide the product or service that you have requested from us. More specifically, Tempted Pty Ltd may use your personal information to: 

  • Communicate with you to facilitate your order
  • Arrange delivery of the item(s) that you have ordered
  • Take payment for the item(s) you have purchased


Tempted Pty Ltd may also use your personal information to assist you with product choices and to keep you informed of changes to product ranges or special offers. 

Tempted Pty Ltd uses cookies, IP addresses and other statistical information to improve our websites, look at aggregated usage statistics, save items that are in your basket and provide other personalised features throughout your time on our sites. We will also use it to generally examine how our customers use and access our websites and services. 

Tempted Pty Ltd will only communicate with you by email if you have provided us with your email address and consented to receive email communication from Tempted Pty Ltd. 

The Tempted Pty Ltd websites contains links to the sites of third parties. These third party sites are not under the control of Tempted Pty Ltd. Please ensure that you visit the privacy policies of those third party websites to be aware of their policy on the handling of personal information. 

Who we share your personal information with

Our suppliers 

We may share some of your personal information with the suppliers of the products sold on our sites. This is only done to facilitate the delivery of the product(s) you have purchased. This would generally include the delivery address, recipient's name and contact details if necessary.

Our logistics partners

We may share some of your personal information with our logistics partners so that they can deliver the products you buy to the address you have given us. This would generally include the delivery address, recipient's name and contact details if necessary.

Our billing & security partners

All necessary financial details (e.g. PayPal account information and credit card numbers) are processed and stored by PayPal, Inc. Tempted Pty Ltd protects the personal information submitted during transmission and once received, by following generally accepted industry standards.

Our business partners


We may share some of your personal information with other business partners for purposes including but not limited to marketing, data analysis and
reporting.

Federal or State police authorities


We may disclose your personal information to the relevant authority when required to do so by law, in cases of fraud and where any threats are made against any of our employees,
Tempted Pty Ltd or the general public. 

Related bodies corporate


We may disclose personal information to our related bodies corporate. 


How you can control your personal information


You are entitled to gain access to personal information that
Tempted Pty Ltdholds about you. You may amend, correct or update this personal information at any time. If you would like to access any of the personal information we have about you please contact us at info@tempted.com.au.

If you would like to unsubscribe from receiving any of our commerci
al electronic messages, such as an email, sent to you by Tempted Pty Ltd please visit the my account section. Your request to unsubscribe will be actioned promptly.

Tempted Pty Ltd 
is bound by the National Privacy Principles. Please visit http://www.oaic.gov.au/privacy/privacy-act/national-privacy-principles for more information.

Security Information

When you browse our site and most importantly when you enter sensitive information (for example: credit card numbers) into a form on our site we secure that information with 256 Bit SSL encryption. 256 Bit SSL encryption is the industry standard encryption technology. The easiest way to tell if the information you're entering is secure is to look at the address bar in your browser. If the URL starts with https:// then you're on a secure page.

 

Terms and Conditions

Welcome to Tempted. We are committed to making our Terms and Conditions as easy to read and understand as possible. If you have any questions, please contact us

About these Terms and Conditions 

These Terms and Conditions, which include our Privacy Policy, set out the terms of the agreement between you and Tempted. By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof. 

These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, and contact us if you have any questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner. 

Accessing our website 

We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly). 

You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them. 

Special offers (e.g. Free shipping)  

Shipping Promotions 

Free shipping, flat rate, capped price or other types of shipping price promotions may be offered at specified times and on specified products. Where a shipping promotion is offered, it will only be available on selected products and to selected locations. Shipping promotions are only offered andavailableto Australian addresses.

The following postcodes are excluded from all shipping promotions:
800 - 886, 2898 - 2899, 4183 - 4184, 4216, 4385 - 4498, 4507, 4680, 4700 - 4746, 4801 - 4807, 4816 - 4830, 4871 - 4876, 4890 - 4895, 5641 - 5734, 6033 - 6044, 6084, 6123 - 6124, 6161, 6173 - 6176, 6207 - 6230, 6232 - 6799, 7012, 7017, 7020, 7022 - 7055, 7109 - 7216, 7252 - 7470 

The following postcodes are included for promotions going to specific metro locations:
Sydney Metro: 2000-2080, 2085-2158, 2160-2229, 2231-2234, 2555-2559, 2564-2567, 2745-2750, 2759-2770
Melbourne Metro: 3000-3062, 3065-3097, 3101-3138, 3140-3207, 3800-3805, 3975-3976
Brisbane Metro: 4000-4037, 4051-4078, 4101-4179, 4300-4301, 4500-4502
Adelaide Metro: 5000-5115, 5120-5121, 5125-5127, 5158-5169, 5950
Perth Metro: 6000-6032, 6050-6077, 6081-6083, 6090-6122, 6125-6126, 6147-6160, 6162-6172, 6180-6182, 6970 

Our product 

We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are handmade or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a faultor error. This will be classified as a change of mindand returning items based on change of mind will be at the expense of the customer. 

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website. 

On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation. 

Our website changes regularly 

We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention. 

Your order 

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in Victoria, Australia. 

If delivery of an order will result in unacceptably high freight charges to Tempted, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you. 

In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion. 

 

Prices, payment and GST


All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Visa and MasterCard), PayPal, Afterpay and zipPay. 

The retail price for each product is provided to us by our supplier and is shown alongside the sale price for your reference. Prices are subject to change effective immediately upon posting to our website or other form of notification. 

In some cases our products may be sourced from international markets and may not be available for sale elsewhere in Australia. In that case our supplier provides us with a retail price in Australian dollars based upon a conversion of the price in the market from which the products were sourced. In cases where our products have not previously been sold in any retail market, we work with our supplier to set a retail price based upon the price of products we deem to be competitive products in the Australian retail market. 

Payment security 

We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently. 

In an effort to prevent fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order and will notify you via email. 

Delivery 

Delivery Fees: Delivery fees and times vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point must be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service. 

Delivery time: Each product listing includes the estimated dispatch time frame for that product. Typically, items listed on the website will be dispatched within 24 to 72 business hours. In some cases the estimated dispatch time frame will be longer, for example where items are made to order. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays. 

Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery. 

Delivery methods & locations: We work with a number of delivery partners and courier companies in order to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised. 

Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door. 

For larger high value items, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service. 


Your order will require a signature upon delivery. Our delivery partner may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the courier company to arrange for redelivery. 

We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase. 

We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing. We are not able to accept orders for international delivery at this time. 

Delivery failure: It is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery and handling fees incurred by us. 

Express and Fast Track dispatch: Express dispatch applies to sale events and products displaying the ExpressDispatch' icon. Fast Track applies to all items and products that display an estimated dispatch time of 1-3 business days. 

Orders received and processed by us before 11:59pm AEST each business day will be dispatched on the following business day for ExpressDispatch items, and within 1-3 business days for Fast Track items. Orders received and processed by us on Friday or weekend days will be dispatched on the following Monday for Expressdispatch items, whilst Fast Track will dispatch within 1-3 business days following the preceding weekend. Similarly, delivery times may vary due to external factors beyond our control. Purchases are subject to our usual Terms & Conditions. 

RETURNS 

14 day returns 
We want you to love the products you buy from us. If you change your mind, you may return it to us within 14days of the date you received it, no questions asked. 

You will be responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes the costs of shipping the item to you in the first place and the cost of shipping back to us. 

You must lodge a return request via the 'My Account' page, select 'Get Help'. Alternatively, you can contact us with your name and order number and our customer care team will arrange the return for you. Please note that return requests can only be processed via email and/or on your ‘My Account’ page.

Items returned must be in 'as-new' condition. This means you have not used, assembled, damaged, washed,laundered or removed tags/labels on any of the items. Please return items secured in their original packaging. If you cannot return an item 'as new' in its original packaging, a handling and restocking fee may apply up to 20% of the value of the item. 

Non-returnable items excluded from all change of mind returns include: 

  • Products described as "made to order"
  • Beddingandpillows.
  • All forms of clearance stock (e.g. warehouse, showroom, floor stock etc.)
  • Clearance items
  • Personalised items
  • Gift Cards
  • Orders for commercial or non-domestic use
  • Opened personal care products (e.g. lotionsand creams).
  • Jewellery where protective items have been removed.

Within 5 business days of receiving your return, and subject to confirming it is in 'as-new' condition, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product, less the cost to ship the product to you and the return shipping back to the warehouse. Credits are issued in the form of store credit. If you opted for Purchase Protection on your order, credit will be in the form of the original payment method. 

Store credit voucher codes will be valid for one (1) year from the date of issue. 

We will not accept returns delivered in person to our stores. Returns can only be processed online.,. 

To arrange a return, please contact us for assistance. 

Damaged in transit 
Unfortunately items are occasionally damaged in transit. 

If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately. We'll share your feedback with our delivery partners and suppliers to ensure our service and the quality of packaging is improved. 

If you notice that an item is damaged after it has been delivered to you, please take photos or video clearly showing the damage and contact us as soon as possible, ideally within 2 business days of receiving your delivery. 

The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that you're happy with. For example we may arrange to: 

  • Suggest a self-repair(with an offer of compensation to you)
  • Arrange a repair by a local tradesperson in your area (with an offer of compensation to you)
  • Offer a partial or full store credit voucher or refund
  • Replace the product (subject to availability)
  • Arrange for the product to be returned to us or our supplier


If we require you to return a damaged or faulty product to usfor assessment, we will reimburseyou for the cost of the return. 

Wrong item delivered 
Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, let us know as soon as you can, ideally within 2 business days of receiving your delivery.  We will arrange for the pick-upand return of the incorrectly shipped item at no cost to youand consequently send you the correct item.

Faults and Warranty Claims 
Tempted warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law. 

If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 2 business days of receiving your delivery. 

The best solution to any product fault depends on the nature of the fault itself, and the outcome that works best for you. We will work collaboratively with you to find a solution that you're happy with. For example we may arrange one or a combination of the following: 

  • Send you any missing parts or components
  • Suggest a method self repair (with an offer of compensation to you)
  • Arrange a repair by a local tradesperson in your area (with an offer of compensation to you)
  • Replace the product (subject to availability)
  • Offer you an alternative product
  • Offer a partial or full store credit voucher or refund


You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. 

This Faults and Warranties policy does not cover: 

  • Normal wear and tear
  • Damage arising from improper assembly or modification
  • Damage arising from abnormal use or abuse
  • Damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. fabric, leather or timber)
  • Damage to external or product packaging only
  • Damageoccurringduring your own handling and transportation of goods from a pick up location
  • Insignificant minor variations in dimensions, colour, grain or finish
  • Insignificant minor imperfections or superficial blemishes


Purchase Protection 
For your convenience and complete peace of mind we offer Purchase Protection during checkout. For a small fee, Purchase Protection includes both Freight Protection and a Refund Guarantee. In the event you make a claim on your Purchase Protection, the cost of the Purchase Protection is non-refundable. 

Freight Protection 
For extra peace of mind, at a small cost, we offer Freight Protection. Our Freight Protection option provides extra protection for your order in the unlikely event an item is lost or damaged beyond repair during transit. We'll send you a replacement at no additional cost to you (or give you a store credit voucher or refund if a replacement cannot be provided, including shipping costs, minus the cost of the Freight Protection). Freight Protection can be purchased at checkout. 

Freight protection does not cover damage occuring during your own handling and transportation of goods from a pick up location. 

Determining if an order or item is lost in transit 
Tempted will determine whether an order or item is deemed lost in transit at its sole discretion. We will conduct an investigation and attempt to find and deliver all item(s) and an item cannot be claimed to be lost in transit if: 

  • The delivery address is incorrect or unclear
  • The tracking information for the shipment is showing it is in transit (or other such status that defines the item as yet to be delivered)
  • The item was accepted or left at the delivery address according to the instructions supplied to the carrier


Determining if an order or item is damaged in transit 
Our normal Damaged in Transit policy and processes apply. 

We reserve the right to refuse a claim under our Freight Protection policy in circumstances where we believe that the item is not lost in transit, or the item has been delivered. 

Refund Guarantee
Normally, if you change your mind, we'll give you a store credit. However, if you've included Purchase Protection at checkout, and you change your mind, we'll provide a refund to your original method of payment. Our Refund Guarantee is subject to the terms and conditions applicable to 'RETURNS'. Please note that some items are specifically excluded from all change of mind returns. 

Cancellations 
You may cancel an order, or part thereof, only before an order reaches the dispatch processing stage, in this case you will receive a store credit voucher or refund in the amount you paid for the product, including shipping. After an order, or part thereof, reaches the dispatch processing stage, cancellations or changes may not be possible. As we endeavour to send your order to you as soon as possible, requests for cancellations need to be lodged as soon as practicable after ordering. Once items have shipped, you cannot cancel them.. Please be advised,Express dispatch items, no cancellations or changes may be possible. 

Exchange 
Unfortunately we do not offer exchanges. Simply return your items in accordance with our returns policy and place a new order. 

Your consumer rights 
The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible via email with your name and order number and our customer care team will look after you. 

Our rights 
We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions or failure to take reasonable care. 


Gift Cards 

Customer may purchase digital Gift Cards from our website. Gift Cards and store credits cannot be used to purchase Gift Cards. 

In the case of digital Gift Cards, we will email the Gift Card to the recipient 's email address, as provided by the purchasing member. The email will include instructions and a link for redeeming the Gift Card. After the recipient has redeemed the Gift Card, the Gift Card amount will appear in the my accountsection of the members profile. 

Gift Cards, once redeemed, may only be used for purchases at the Tempted website. If a purchase made using a Gift Card is for less than the amount of the Gift Card, the remaining balance will appear on the recipient's account for future use. If a purchase made using a Gift Card is for more than the amount of the Gift Card, the purchaser will be required to pay the excess using another payment method. The amount remaining can be viewed on your My Account page. If an order made using a Gift Card is cancelled or returned, the portion of the purchase attributable to the Gift Card will be refunded as a store credit only, this is not redeemable for cash. 

Gift Cards expire 1 year after the date of their purchase. Expiry dates cannot be modified. Any balance that remains after the expiry date will not be available for use. 

Gift Cards are not transferrable and cannot be returned or exchanged wholly or partly for cash. Gift cards should be treated as cash. You are responsible for the use and safety of your Gift Card. Tempted is not responsible for any loss or damage resulting from lost or stolen gift cards or gift cards used without permission. Lost or stolen Gift Cards will not be replaced or refunded. 

Liability 

To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude: 

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.



This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. 

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion: 

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.



Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website. 

Intellectual property 

We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved. 

You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. 

You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission. 

Third party websites 

Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). 

Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits). 

You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. 

Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice. 

Viruses and Hacking 

You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. 

Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed. 

Email communication 

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing. 

Facebook and Blog 

The purpose of our Facebook page and our Blog is to provide Tempted's fans with inspiration, information on our sale events, access to special promotions plus the latest goings on at Tempted and from our circle of friends. You 're welcome to contribute your own comments, photos & videos. To ensure a positive and respectful environment for everyone, we ask that you follow a few simple guidelines when making a contribution: We're all about the home, specifically, creating a more beautiful home. We welcome contributions on this topic. We'll delete posts that we consider to be off-topic, spam, advertising, offensive, sexually inappropriate, threatening, abusive, hateful, profane or defamatory towards a person's race, ethnicity, entity, belief or symbol. We're big supporters of lively, open discussion and we don't shy away from negative feedback from our customers, we simply deal with it in our usual professional, friendly manner. However, we reserve the right to address factual errors or delete posts if we think it appropriate or necessary to do so. We're happy for our material to be shared (via Facebook's "share" functionality), but you should not copy our material and post it without attribution, nor use it for commercial purposes or claim it as your own. We support the Facebook Statement of Rights and Responsibilities, and our Facebook page adheres to relevant Facebook policies. We reserve the right to ban users who don't abide by these guidelines. 

Other Policies 

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular, your real name, billing address, shipping address, mobile phone number and email address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time. 

Force Majeure 

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, situations that is out of our controlgovernmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network. 

Applicable law 

These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our website is available only to people who can form legally binding contracts under applicable law. 

Variations 

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website. 

Relationship 

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions. 

Severability 

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.