Terms & Conditions

Website Terms of Use

  1. Welcome to the website of Lyon Ent. Pty Ltd ABN: 17 672 079 560, trading as Middleton's Carpets.
  2. By accessing, browsing or using this website (Site), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using this Site.
  3. These Terms of Use are in addition to any other terms and conditions that apply to the sale of goods or provision of services by Middleton's Carpets. If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site.
  4. Middleton's Carpets may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

Privacy

  1. Middleton's Carpets may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Middleton's Carpets Privacy Policy. Your continued use of the Site and the provision of your personal information will constitute your approval for Middleton's Carpets to deal with your personal information in accordance with these Terms of Use.

Disclaimer

  1. Middleton's Carpets does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Middleton's Carpets in good faith on an “as is” basis without warranty of any kind.
  2. The information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, more complete or more timely sources of information.
  3. The Site may contain historical Information that is not current and is provided for reference purposes only.
  4. The Information does not constitute professional advice or advice about the suitability of its products for your circumstances or for any other circumstances.
  5. Middleton's Carpets does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
  6. Middleton's Carpets reserves the right to vary or modify the Information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.
  7. Middleton's Carpets makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer viruses or other defects. It is your responsibility to complete virus and similar checks on any Information downloaded.
  8. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the extent permitted by law.
  9. Middleton's Carpets reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
  10. Middleton's Carpets will use reasonable endeavours to ensure that the Site is available continuously, however, Middleton's Carpets does not guarantee that access to the Site will be continuous or uninterrupted.

Limitation of Liability

  1. Middleton's Carpets will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information on this Site or the selection of goods or services referring to it. Under no circumstances will Middleton's Carpets be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Middleton's Carpets will not be liable for those costs.
  2. Care and Maintenance Guides (including all cleaning advice) are guides only and, to the extent permitted by law, no liability will be held by Middleton's Carpets, their manufacturers, stores or associates for any damage to your flooring as a result of your reliance on the Care and Maintenance Guides. Actual colour samples shown may vary due to the printing process.
  3. Products featured on this Site are available until sold out or discontinued by the manufacturer. Products feature price range indicators which reflect the product quality. These are identified based on a variety of factors, including materials (natural, engineered etc.), the manufacturing process, and the added benefits and features included in individual products (asthma-friendly, extended warranties etc.). These price ranges are category-specific and based on the product only, so they are to be used as a guide only.
  4. Luxury vinyl planks/tiles, timber, bamboo and laminate featured on this site are sold by the carton and not by the square metre; these prices do not include sub-floor preparation or installation.
  5. Where liability cannot be excluded, to the extent permitted by law any liability incurred by Middleton's Carpets is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

Links to other sites

  1. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Middleton's Carpets, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
  2. The Linked Sites may have different terms of use.
  3. Unless otherwise specified, the Third Party Linked Sites are not under Middleton's Carpets control. The Third Party Linked Sites may have different terms of use and may be subject to different laws. Middleton's Carpets is not responsible for the content of any Third Party Linked Sites, or any changes or updates to such sites. Middleton's Carpets provides these links for your convenience only. You link to any such Third Party Linked Sites at your own risk. Middleton's Carpets is not a party to any transaction between you and a Third Party Linked Site. Unless specified otherwise, Middleton's Carpets does not sponsor, endorse, adopt, confirm, guarantee or approve any material or representations made in those Third Party Linked Sites.

Intellectual Property

  1. The copyright in the content of this Site is owned by Middleton's Carpets and/or its affiliates. All rights reserved.
  2. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.
  3. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Middleton's Carpets prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
  4. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.
  5. Commercial use of the Site and the Information is expressly prohibited.
  6. All trademarks and trade names which appear on this Site are proprietary to Middleton's Carpets and/or its affiliates. Use of these trademarks without the owner’s consent will infringe on the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

Spam

  1. Any publication of Middleton's Carpets email addresses on this Site is to facilitate communications relating to the goods and services supplied by Middleton's Carpets. It must not be inferred as consent by Middleton's Carpets to receive unsolicited commercial electronic messages.

Miscellaneous

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
  2. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
  3. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and the remaining part of the provision) will remain valid and enforceable.
  4. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
  5. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.