Returns & Refund Policy

1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)

1.1 The Customer must inspect the Works on completion and must notify Middleton's Carpets (hereinafter referred to as “the Contractor”) in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote as well as any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow the Contractor to inspect the Materials or to review the Works provided. This notification cannot exceed any time limit set by the 2 Year Installation Warranty that the Customer has been granted.

1.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions, even if extra to the Guarantees contained in the 2 Year Installation Warranty (Non-Excluded Guarantees).

1.3 The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

1.4 Except as expressly set out in the 2 Year Installation Warranty, these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. The Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law. Where this clause and the 2 Year Installation Warranty are inconsistent, the 2 Year Installation Warranty prevails to the extent of any such inconsistency.

1.5 If the Customer is a consumer within the meaning of the CCA, the Contractor’s liability is limited to the extent permitted by section 64A of Schedule 2.

1.6 If the Contractor is required to replace any Materials under this clause or the CCA, but is unable to do so, the Contractor may refund any money the Customer has paid for the Materials.

1.7 Any agreed refund mentioned in this clause (1.7) will be made within a reasonable time but will not be earlier than 14 days from the date the refund has been agreed.

1.8 Subject at all times to the 2 Year Installation Warranty and the procedures thereunder, which prevails to the extent of any inconsistency, if the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but if unable to do so, then the Contractor may refund any money the Customer has paid for the Works but only to the extent that such refund shall not take into account the value of Works and Materials which were not defective.

1.9 When requesting a refund or return (subject to the agreement of the Contractor), the Customer must provide proof of purchase and advise how payment was made at the time, as this will determine how a refund is processed. If the Customer has paid by Bank Transfer, the Contractor will refund to the same bank account used to pay for the deposit/order.

1.10 If the Customer is not a consumer within the meaning of the CCA, the Contractor’s liability for any defect or damage in the Materials is limited to the terms and conditions contained in the 2 Year Installation Warranty to which the Customer is specifically referred in the terms of the documents supplied to the Customer as regards the Works that are to be done. 

1.11 Notwithstanding anything contained herein, but subject to the CCA, the Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Customer failing to properly maintain the Materials;

(b) the Customer using the Materials for any purpose other than that for which they were designed;

(c) the Customer continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) interference with the Works by the Customer or any third party without the Contractor’s prior approval;

(e) the Customer failing to follow any instructions or guidelines provided by the Contractor within the Manufacturer’s Care and Maintenance guides;

(f) fair wear and tear, any accident, or act of God.

1.12 If carpet is purchased from the Contractor and it has been cut in readiness for installation, the Customer acknowledges they will not be refunded under any circumstances.

1.13 If any hard flooring (engineered timber, hybrid, vinyl and laminate) or carpet (broadloom, carpet tiles and carpet planks) has left the Contractor’s warehouse, the Contractor will not accept any returns. It is possible for the Contractor to process a refund, at their discretion, however, re-handling fees will apply as per clause 1.16(d).

1.14 Notwithstanding anything contained in this clause, if the Contractor is required by the laws of Australia to accept a return then the Contractor will only accept a return under the strict liability of such laws if any exists.

1.15 Subject to any relevant provisions of this policy, customised, or non-stocklist items or Materials made or ordered to the Customer’s specifications are not acceptable for credit or return.

1.16 If the Customer purports to change their mind and the flooring is in transit to, or has arrived at, the Contractor’s warehouse, the Customer will be required to pay all costs incurred by the Contract, which include, but are not limited to:

(a) The cost of the flooring;

(b) The transport costs for the Customer’s original flooring to the Contractor’s warehouse;

(c) The transportation costs for the Customer’s original flooring order to be returned to the supplier/manufacturer;

(d) A 30% re-handling fee;

(e) The transport costs of the Customer’s new flooring;

(f) Any fees imposed by the supplier/manufacturer for the return of the original flooring or the order of the new flooring;

(g) If the difference in the price of the new flooring is a higher cost than the original

flooring and these costs may be deducted from the deposit paid by the Customer

For any avoidance of doubt, the ownership of the flooring, whether it be the original flooring, or the new flooring will not pass, unless strictly in accordance with the terms and conditions of this document.

1.17 The Contractor does not allow a return or replacement of the Materials where the damage has occurred after delivery for reasons not related to the condition of the Materials at the time of supply.