Terms & Conditions of Sale & Supply

Email contact: enquiries@lostdesignsociety.com

Terms & Conditions of Sale & Supply

1. These Conditions -

1.1 In these Terms and Conditions of Sale & Supply ( Conditions), unless the context otherwise requires:


1.1.1 “Contract” means the contract formed as a result of the acceptance of an Order by Lost Design Society, which include these Conditions and the terms of any invoice issued by Lost Design Society;


1.1.2 “Goods” means the products acquired by You from Lost Design Society pursuant to the Contract;


1.1.3 “Loss” means any damage, loss, liability, cost, charge, expense, penalty, outgoing or payment (whether direct or indirect, consequential or incidental) including legal costs and expenses on a full indemnity basis;


1.1.4 “Lost Design Society” means Strategic Hub Group Pty Ltd (ACN 646 043 923) t/as ‘Lost Design Society’ (ABN 66 646 043 923), its employees and agents and related corporate entities;


1.1.5 “Order” means any Order placed by You to Lost Design Society for the Goods;


1.1.6 “Price” means the price for the Goods as supplied by Lost Design Society, including GST as nominated by Lost Design Society from time to time; and


1.1.7 “You” or “your” means the buyer, customer or the addressee in respect of the Goods supplied by Lost Design Society and includes any servant, agent, partner, contractor or employer of that person. Where the buyer is two or more persons, ‘you’ or ‘your’ also means each of them jointly and separately.


1.2 A reference to “including” means “including without limitation”;


1.3 Any agreement, warranty, representation or obligation which binds or benefits 2 or more persons, binds or benefits those persons jointly and severally;


1.4 “$” or “dollars” is a reference to the lawful currency of Australia.

2. General

2.1 You agree that these Conditions apply to the Contract to the exclusion of any other terms and conditions, including any contained on printed documents issued by You at any time. The Conditions are in addition to all other rights which Lost Design Society may have at law. Any waiver by Lost Design Society of any right is not a waiver of any other or future rights Lost Design Society may have.


2.2 These Conditions apply to each Order and purchase made by you for the Goods unless Lost Design Society agrees otherwise in writing. To the extent permissible by Law, you waive any terms and conditions of purchase inconsistent with these conditions.


2.3 Lost Design Society may change or replace these Conditions from time to time.


2.4 These Conditions are current as at the date on which they are delivered to You;


2.5 Lost Design Society may revise these Conditions at any time on its website. You agree to accept and comply with any changes made by Lost Design Society to the Conditions.


2.6 These Conditions shall be governed by and construed in accordance with the laws of the State of Victoria. Lost Design Society and You hereby submit to the exclusive jurisdiction of the courts of that State.


2.7 The provisions of these Conditions will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.


2.8 No agent, employee or representative of Lost Design Society will have any authority whatsoever to bind Lost Design Society to any affirmation, representation, warranty or condition concerning the goods sold under these Conditions unless such affirmation, representation, warranty or condition is specifically included in writing within these Conditions.

3. Orders

3.1 You acknowledge and agree that by placing an Order for the Goods with Lost Design Society:


3.1.1 that You are expressly contracting with Lost Design Society in accordance with these Conditions (and any changes made to the Conditions by Lost Design Society); and


3.1.2 You agree to be bound by these Conditions (and any changes made to the Conditions by Lost Design Society).


3.2 Lost Design Society reserves the right to refuse any Order placed by You. No Order placed by You will be binding on Lost Design Society unless Lost Design Society accepts the Order.


3.3 If Lost Design Society accepts an Order, the parties will have created a binding Contract and the Supplier will supply the Goods and/or Services to the Customer, and the Customer will pay the Price to the Supplier in accordance with the terms of the Contract (which will include these Conditions), but the Contract will be subject to the availability of the Goods.

4. Prices

4.1 Unless otherwise agreed by Lost Design Society in writing:

4.1.1 the Price of the Goods will be that quoted by Lost Design Society on its website and is subject to variation (whether before or after the acceptance of an Order or before or after the formation of a Contract or during the term of a Contract).

4.1.2 the Price of goods quoted by Lost Design Society on its website is inclusive of GST

4.1.3 if a product is listed on our website displays a strikethrough price, this strikethrough price generally represents the retail price suggested by the manufacturer or supplier. If the strikethrough is not the suggested manufacturer or supplier retail price, then the strikethrough price represents the highest price we have sold or offered the product.

5. Payment

5.1 You must pay the Price of all Goods without deduction, set-off, withholding or counterclaim as set out by Lost Design Society.

5.2 Lost Design Society may apply money received from You towards payment of any amount owed by You to Lost Design Society as Lost Design Society determines.

6. Failure to Pay for Goods

6.1 If You fail to pay for any Goods in accordance with these Conditions, Lost Design Society may, at its absolute discretion, immediately place Your account on Stop Account and withhold the supply of any further Goods to You until Your account is brought within Lost Design Society’s trading terms.

7. Delivery

7.1 You will be responsible for all costs associated with the delivery of Goods.


7.2 You must provide reasonable and proper access at the location specified for delivery.


7.3 Lost Design Society will, in all cases, be entitled to choose the method of transport of the Goods and may, at its discretion, subcontract delivery.


7.4 Lost Design Society may unilaterally delay or suspend any delivery for any period or cancel any agreement for sale without any liability whatsoever.


7.5 Lost Design Society is not liable for any delay of a delivery. Lost Design Society may deliver Goods in separate instalments. Rejecting delivery due to a delay or separate instalments is at your expense & fees apply.

8. Shortage/Damaged

8.1 You waive any claim for shortage/damage of any Goods delivered if a claim in respect for short delivery/damaged Goods has not been lodged with Lost Design Society within 48 hours from the time of receipt of Goods by You.

9. Warranty

9.1 Lost Design Society does not warrant the Goods are fit for any purpose whether or not made known to You.

9.2 Lost Design Society excludes all express and implied conditions and warranties in relation to the Goods except those conditions or warranties that cannot be excluded by law and the Supplier’s liability under any such conditions or warranties is limited to, at the Supplier’s option, arranging to replace or repair the Goods and/or the outcome of the Services or resupplying the Goods and/or Services.

10. Property and Risk

10.1 The risk in the Goods passes to You on delivery to You or into custody on Your behalf (e.g. to its agent or a carrier nominated by Lost Design Society or You to deliver the Goods to You) provided that if You fail to accept delivery or requests a delay in delivery, risk in the Goods will be borne by You from the time of such failure or request (as the case may be).


10.2 Property in the Goods will remain with Lost Design Society and will not pass to You until such time when You pay all monies owing to Lost Design Society by You (which payments are not to any extent subsequently claimed or clawed back by any person standing in the place of or representing You). While the Goods remain the property of Lost Design Society, You agree with Lost Design Society that:


10.2.1 You hold the Goods as fiduciary bailee of Lost Design Society;


10.2.2 The Goods will be stored separately so that they are readily identifiable as the property of Lost Design Society;

10.2.3 You will not dispose of the Goods except with Lost Design Society’s prior written consent or in the ordinary course of Your business;


10.2.4 You will hold all money received, relating to the sale of Lost Design Society’s Goods in a separate account on trust for Lost Design Society and will pay such monies immediately on request to Lost Design Society;


10.2.5 You have no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation Lost Design Society owes to You;


10.2.6 You cannot claim any lien over the Goods;


10.2.7 You will not create any absolute or defeasible interest in the Goods in relation to any third party, except with Lost Design Society’s prior written consent;


10.2.8 You are a bailee of the goods until such time as property in them passes to You and that this bailment continues in relation to each of the goods until the price of the goods has been paid in full;


10.2.9 pending payment in full for the Goods, You:


10.2.9.1 must not supply any of the Goods to any person outside its ordinary or usual course of business;


10.2.9.2 must not allow any person to have or acquire any security interest in the goods;


10.2.9.3 must insure the goods for their full insurable or replacement value (whichever is higher) with an insurer licensed or authorised to conduct the business of insurance in the place where You carry on business;


10.2.9.4 must not remove, deface or obliterate any identifying mark or number on any of the Goods.


10.3 Despite any other provision of these Conditions, if You supply any of the goods to any person before all the money payable by You has been paid to Lost Design Society (and has not been claimed or clawed-back by any person standing in the place of or representing You), You agree that:


10.4 If You fail to pay for any Goods within the period set out in Lost Design Society’s invoice:


10.4.1 Lost Design Society may recover possession of all Goods (in which property has remained with Lost Design Society) at any site owned, possessed or controlled by You and You agree that Lost Design Society has an irrevocable licence to do so without incurring any liability to You or any person claiming through You;


10.4.2 if required, You will assign to Lost Design Society any rights of You to any outstanding money relating to the re-supply of the Goods. You irrevocably appoint Lost Design Society or its nominee as its attorney to sign all documents and do all things necessary to assign the debts to Lost Design Society under this clause, where You have failed to do so within 7 days of receiving written notice to do so, and ratifies any acts the attorney lawfully does or causes to be done with respect to any such assignment of debts.

11. Default

11.1 If You:


11.1.1 fail to comply with these Conditions, including failing to pay for Goods in accordance with these Conditions;


11.1.2 being an individual, commit any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation;


11.1.3 being a corporation passes a resolution for winding up or liquidation;


11.1.4 enter into any composition or arrangement with creditors or if a receiver including a provisional receiver, or receiver and manager, trustee or administrator is appointed for any property or assets;


11.1.5 have execution levied against You;


11.1.6 become liable to be wound up by reason of insolvency or if any petition is presented for its winding up; or


11.1.7 ceases or threatens to cease carrying on its business, then You will be in default under these Conditions and Lost Design Society may at its option and without prejudice to any of its rights under these Conditions or in law or equity, do one or more of the following:


11.1.8 terminate this Agreement and recover possession of all the Goods (in which property has remained with Lost Design Society) at any site owned, possessed or controlled by You and You agree that Lost Design Society has an irrevocable licence to do so without incurring any liability to You or any person claiming through You;


11.1.9 require You to assign to Lost Design Society any rights of You to any outstanding money relating to the re-supply of the Goods. You irrevocably appoint Lost Design Society or its nominee as its attorney to sign all documents and do all things necessary to assign the debts to Lost Design Society under this clause, where You have failed to do so within 7 days of receiving written notice to do so, and ratifies any acts the attorney lawfully does or causes to be done with respect to any such assignment of debts;


11.1.10 require the payment of cash before or on delivery of any further Goods;


11.1.11 charge default interest on all overdue payments, at the rate of 12% per annum, calculated daily, from the due date for payment until paid in full;


1.1.12 suspend any further deliveries and immediately recover possession of any Goods not paid for in full and sell them;


1.1.13 require that all money owing by You, regardless of the due date, becomes immediately due and payable; and/or


1.1.14 sue You for breach of contract.


11.2 You must pay all costs incurred by Lost Design Society in connection with Your breach of this Agreement including legal costs on a solicitor/own client basis.

11.3 In addition to any lien to which Lost Design Society may by statute or otherwise be entitled, Lost Design Society shall, if You are in default as set out above, be entitled to a general lien on all Goods belonging to You in Lost Design Society’s possession (although such goods or some of them have been paid for) for the unpaid price of any other Goods sold and delivered to You under this or any other contract.

12. Release and Indemnity

12.1 You agree to indemnify Lost Design Society from and against any Loss arising directly or indirectly in relation to:


12.1.1 the accuracy of all information provided by You to Lost Design Society in relation to the Services, the Delivery Address or any other matters;


12.1.2 Your breach of these Conditions or any Contract;


12.1.3 the negligence or wilful misconduct of You;


12.1.4 Lost Design Society delivering the Goods in accordance with Your instructions;


12.1.5 Lost Design Society (or a or a subcontracting delivery company) entering the delivery address;


12.1.6 damage to the property of You or any third party during any delivery of Goods;



12.1.7 the Goods not being fit for any particular purpose;


12.1.8 any tests in relation to Goods;


12.1.9 Lost Design Society directly or indirectly causing any delay in the supply of any Goods;


12.1.10 Lost Design Society having to resupply the Goods, or undertake any rework, as a result of the actions or omissions of You or any third party;


12.1.11 You refusing to accept any delivery;


12.1.12 You purporting to cancel any Order or Contract; and


12.1.13 any proceedings, claims and demands in relation to any secured property.

13. Force Majeure

13.1 Lost Design Society will not be liable to You for any failure to perform, or delay in performing, its obligations under these Conditions if the failure or delay is due to any cause beyond the reasonable control of Lost Design Society and if any such failure or delay continues for a period of 14 days, Lost Design Society may terminate any affected Contract.

14. COVID-19

14.1 Social distancing & hygiene practices are being followed. All Orders are processed in the Order in which they are received.


14.2 Significant delays may be expected for any delivery taking place in an area where government restrictions are being enforced. The subcontracting delivery company involved with delivering any of the Goods can be contacted for further information regarding delivery.

15. Shipping & Order

15.1 Shipping prices are shown in the checkout page of our website, prior to payment page.


15.2 FLAT RATE SHIPPING: Lost Design Society currently offer flat rate shipping, allowing You to purchase as many items that You like for one flat rate per Order as follows:


15.2.1 METRO FLAT RATE: From $9.95 Inc Gst


15.2.2 REGIONAL SHIPPING FLAT RATE: From $14.99 Inc Gst


15.3 Once collected by the courier (estimated within 4 business days from when an order is placed), estimated delivery time frames are:


SYD, MLB, BNE, ADL metropolitan areas: 2 - 10 business days.

QLD, NSW, VIC, SA & TAS regional areas + WA & NT: 6 - 17 business days.

EXCLUSION AREAS: We do not ship to some regional areas.


15.4 Once the Goods have been delivered to Your nominated address, You become responsible for the Goods. Lost Design Society takes no responsibility for any loss, theft or damage once the Goods have been delivered.

15.5 Lost Design Society is not liable for any delay of a delivery or misinformation provided by a customer regarding a delivery.



15.6 If You provide instructions to deliver the Goods to an address, the Goods will be left at Your nominated address. Once the Goods are delivered, You become entirely responsible for the Goods.


15.7 CHANGE OF ADDRESS: If You provide instructions to change Your nominated address after you have placed Your Order, then Lost Design Society will check if it is able to change the address prior to Your Order being processed. If Your Order has already been processed then a change of address may not be possible. If a change of address is possible, a re-direction quote will be required & will be at Your cost to proceed.


15.8 INCORRECT ADDRESS: If an incorrect address is supplied by You and the Goods cannot be delivered, any excess costs, charges and expenses associated with having the Goods returned to Lost Design Society or redirected to another address are Your responsibility.


Cancelling Orders


15.9 You are not entitled to cancel any Order except with the consent of Lost Design Society in writing and on terms which will indemnify Lost Design Society against all losses.


15.10 CANCELLING ORDER PRIOR TO DISPATCH: If You wish to cancel Your Order and Lost Design Society agree to such a proposal to cancel, a minimum 3% transaction cancellation fee will apply.


15.11 CANCEL FEES ONCE ORDER HAS DISPATCHED: Once any of the Goods have been dispatched by Lost Design Society to your nominated address, a return to sender fee and a restocking fee per item will apply. You agree that the original delivery fee is not refundable to You.


International Delivery


15.12 INTERNATIONAL: We are currently shipping to Australia only


Po Box & Parcel Lockers


15.13 Lost Design Society only send Orders via subcontracting delivery companies and not Australia Post


15.14 Orders cannot be sent to Post Offices or Parcel Lockers, only to mailing addresses where the physical delivery of the Goods is possible.


Express Shipping


15.15 Lost Design Society does not offer an express delivery option.


Disruptions


15.16 DISRUPTIONS: Lost Design Society occasionally experiences disruption due to circumstances out of its control.


High Freight


15.17 For some Orders, Lost Design Society may need to contact you after a purchase to advise of an additional quote for delivery to Your designated address or advise the nearest town we can deliver to. This may attract a cost and Lost Design Society will advise you of such cost before incurring such a fee.


Regional Deliveries


15.18 Lost Design Society or a subcontracting delivery company that it has engaged to deliver the Goods may not be able to deliver to regional addresses or areas. Lost Design Society or a subcontracting delivery company that it has engaged to deliver the Goods may require the Goods to be picked up from a nominated collection point. You will be notified of this following the placing of an Order with Lost Design Society.


15.19 Some regional locations may not be serviced by regular intervals and Lost Design Society takes no responsibility for any delays or non-delivery of items to regional areas.


Ground floor


15.20 Lost Design Society or a subcontracting delivery company that it has engaged to deliver the Goods may not be able to transport the Goods up or down stairs.


15.21 The delivery fee charged includes delivery to a ground floor location only.


15.22 The return shipping fee charged includes collection from a ground floor location.


Delivery Failure


15.23 If the Goods are unable to be delivered, Lost Design Society reserves the right to cancel an Order. Any fees associated with further attempted deliveries, return and handling fees will be met by You.


Installation


15.24 The service in Lost Design Society supplying the Goods specifically excludes installation.


Fraudulent


15.25 Lost Design Society reserves the right not to process an Order under suspicion an Order could be fraudulent.


Service Discretion


15.26 Lost Design Society reserves the right to refuse to process an Order at its discretion.

16. Returns

Returning an Item

16.1 Goods are accepted for return by Lost Design Society in accordance with Lost Design Society’s returns policy.


16.2 Lost Design Society is not under any obligation to accept Goods returned by You and will do so only on terms to be agreed in writing in each individual case.


16.3 Lost Design Society will not be liable for any Claim, loss or expense whatsoever or howsoever arising which is made after the expiration of 48 hours from the date of delivery or the date of the invoice (whichever is later).


16.4 A return of any of the Goods must be arranged by You within 7 days of the Goods being delivered.


16.5 All Goods are required to not have been used and be returned in an unused state and condition. The return of any of the Goods is void due to any signs of use of the Goods by You.


16.6 A 10% restocking fee applies per item of Goods which have been supplied.


16.7 Return delivery is the sole responsibility of You.


16.8 The return of any Goods are only accepted by a professional courier service that must first be approved by Lost Design Society.


16.9 The packaging of any Goods are Your sole responsibility.

16.10 All returns require a return authorisation form generated by Lost Design Society.


16.11 Lost Design Society will inform you of the estimated timeframe for your return to be processed once the Goods are returned to a location advised by Lost Design Society.


If the Goods have been returned to Lost Design Society as per the terms & approved by a Lost Design Society representative, a choice of refund or store credit for the cost of the Goods less the restocking fee, return shipping fee & original order shipping fee will be actioned. Any cost incurred by You in returning the Goods to Lost Design Society is not subject to a refund.

Lost Design Society can be contacted for a return delivery quote prior to any of the Goods being returned or ordered. Lost Design Society can be contacted via the ‘contact us’ button below. Details of the product name, size, postcode & suburb is required prior to Lost Design Society being able to process the return of the Goods or provide a return delivery quote.


Can You organise return delivery?


16.12 Yes. Returns must be organised by a professional delivery company.


16.13 Please be aware of the companies terms & conditions. Lost Design Society recommends that You check the insurance offered by a delivery company, such as potential size, product limitations and fees.


16.14 Any insurance associated with organising your own return are at Your sole responsibility and cost.


16.15 The return of any Goods require You to securely attach a Return Authorisation form generated by Lost Design Society. The return of any Goods cannot be processed, supplied or facilitated without this form attached.


Hand-loomed


16.16 Variances, inconsistencies and sprouts in the weave are a natural characteristic of certain Goods that we supply. The colour and size of certain Goods can vary due to the handcrafted nature of the Goods. These hand-loomed characteristics are not considered defects (minor or major) in the goods.


Fading & wear


16.17 You acknowledge that all Goods supplied by Lost Design Society are susceptible to fading and/or wear and tear from foot traffic, use, sunlight & cleaning. You agree that returning the Goods due to circumstances of fading and/or wear and tear fall outside the return policy of Lost Design Society.


Shedding, Sprouts and Creases


16.18 You expressly acknowledge that before making any Order with Lost Design Society, the following characteristics are not considered defects (minor or major) in the Goods:


Shedding

16.18.1 Shedding is a natural characteristic of natural fibre rugs.


Sprouts


16.18.2 Sprouts are a natural characteristic of a rug.


Creases/curled edges


Creases/curled edges are a result of packaging & transit & are not a structural manufacturing fault.


16.19 You further expressly acknowledge that before making any Order with Lost Design Society, You understand that:


16.19.1 the advice from the manufacturers of the Goods is that shoes should not be worn on any of the Goods.


16.19.2 the composition of the materials that are used to manufacture the Goods are subject to independent allergies which Lost Design Society makes no representation or warranty about.

16.19.3 environmental factors including moisture, humidity, sunlight, heat and sea air can change the appearance of the Goods.


Order


16.19.4 You should rotate your rug regularly to reduce uneven wear and tear.


16.19.5 You should consider varying the location of the Goods to increase the potential life-span of the Goods;


16.19.6 Ultra-Violet light exposure can cause the colours of the Goods to fade over time.


16.19.7 You should have your Goods professionally cleaned at regular intervals (or as required), depending on the level of use, to increase the life-span of the Goods.


16.19.8 You should lightly vacuum the Goods on the lightest possible setting to avoid damage to the Goods.


16.19.9 You should avoid powerful vacuums that may pull fibers loose from the base of the Goods.


16.19.10 You should vacuum the base of the Goods occasionally, as dirt and debris can accumulate within the Goods; and



16.19.11 Any concern that You may have about the suitability or use of any Goods that we supply should be properly investigated and reviewed prior to placing an Order with Lost Design Society.


16.19.12 You should consult or engage the services of a professional rug cleaner for advice, maintenance or cleaning of the Goods.



16.19.13 The bunching/curling of the Goods can occur due to many factors, including humidity, furniture/objects preventing the natural traffic movement of the goods and foot traffic.


16.19.14 The bunching/curling can be exacerbated when the Goods are placed on a surface such as carpet.

16.19.15 You expressly acknowledge that bunching/curling is not a manufacturing or product fault of the Goods.

17. Privacy Policy & Website Use Terms

Website Terms


17.1 By accessing and browsing the website of Lost Design Society and/or placing an Order with Lost Design Society, you agree to these Conditions. You agree that this is at your own risk and that placing an Order with Lost Design Society constitutes a legally binding agreement between Lost Design Society and You, the consumer.


17.2 We may change these Website Policies & Terms at our discretion. By continuing to use this website, you accept these Website Policies & Terms as they apply from time to time.


17.3 The information contained on this website may change from time to time.


Our Commitment to Your Privacy


17.4 Your privacy is very important to Lost Design Society. As part of the operation of this site, Lost Design Society may collect certain information from You. This privacy policy details what information Lost Design Society collects, how Lost Design Society uses that information and what Your rights are regarding any information that You supply to Lost Design Society. Lost Design Society is subject to the requirements of applicable Australian law and strives to meet the requirements of the Australian Privacy Principles.


Your Information and Your Right to Privacy


17.5 Lost Design Society will under no circumstances sell, trade or rent any personal information that You supply to it to any third party. Lost Design Society has partnerships with commercial organisations and those partners will, from time to time, request that Lost Design Society send information to people on the Lost Design Society database as part of the partnership. Lost Design Society or partner information is sent by Lost Design Society and data held by Lost Design Society is not provided to any other third party other than as set out in these Conditions.

17.6 Lost Design Society may disclose personal information to the following third parties to satisfy standard operating procedures of Lost Design Society:


17.6.1 IT service providers;


17.6.2 Marketing and communications agencies;


17.6.3 Agencies that conduct member surveys on our behalf;


17.6.4 Mailing houses; and


17.6.5 Printers that print and distribute our publications and marketing material.


17.7 By using this site and Lost Design Society’s services, you acknowledge and accept that it will use your personal data as set out in these Website Policies & Terms. If you do not accept these Website Policies & Terms, please immediately stop using the site and Lost Design Society’s services or any part of them. In these circumstances, you will not be able to register or purchase anything further using the site.


17.8 Lost Design Society is the controller responsible for your personal data held by it. It has appointed a privacy officer who is responsible for overseeing issues of privacy. If you have any questions about these Website Policies & Terms, including requests to exercise your legal rights, please contact Lost Design Society via the contact us button.


17.9 The site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We strongly recommend you read these Website Policies & Terms of every website you visit.


17.10 Lost Design Society adheres to the principles set out in data protection legislation when handling personal data. These principles require personal data to be:


17.10.1 processed lawfully, fairly and in a transparent manner;


17.10.2 collected only for specified, explicit and legitimate purposes;


17.10.3 adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;


17.10.4 accurate and where necessary kept up to date;


17.10.5 not kept in a form which permits identification of data subjects for longer than is necessary for the purposes for which the data is processed;


17.10.6 processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage; and


17.10.7 not transferred to another country without appropriate safeguards being in place.


17.11 Lost Design Society is also responsible and accountable for ensuring that it can demonstrate compliance with the data protection principles listed above.


Collecting Information


17.12 Lost Design Society may collect, use, store and transfer different kinds of personal data about you. It collects and process personal data about you when you:


17.12.1 access and use the site and its services;


17.12.2 register an account on the site;


17.12.3 buy a product through the site;


17.12.4 make an enquiry about a particular product on the site;


17.12.5 submit a general enquiry to Lost Design Society ;


17.12.6 subscribe to Lost Design Society’s newsletter;


17.12.7 leave your feedback or review on the site;


17.12.8 manage your marketing preferences with Lost Design Society; and


17.12.9 make a payment through the site.


17.13 Lost Design Society may hold the following information about you:


17.13.1 name, address, telephone number(s);


17.13.2 email address;


17.13.3 occupational details;


17.13.4 transaction details associated with services we have provided to you;


17.13.5 additional information provided by us to you;


17.13.6 information you have provided to us via the application form; and


17.13.7 information you have provided to us via client surveys.


17.14 Lost Design Society may also collect, use and share aggregated data such as statistical or demographic data. Aggregated data derived from your personal data but is not considered personal data under data protection law as it does not directly or indirectly reveal your identity. For example, Lost Design Society may aggregate data about your use of the site to calculate the percentage of users accessing a specific feature. Likewise, Lost Design Society may aggregate data that it collects through your use of the site in order to produce certain benchmarking reports. However, if Lost Design Society combines or connects aggregated data with your personal data so that it can directly or indirectly identify you, Lost Design Society treats the combined data as personal data which will be used in accordance with these Conditions.


Access to Personal Information


17.15 You have the right to review and alter any personal membership information that Lost Design Society stores about you. Should you wish to access this information please contact Lost Design Society’s privacy officer. Unless the access you request will require special steps or significant resources, there will be no charge for providing you with this access.


17.16 To change your personal information you must login to your account with your unique login and password via the Lost Design Society website.


Opt-out


17.17 By choosing to register on Lost Design Society’s website as a member, applicant or subscriber of Lost Design Society, you may receive information from the Lost Design Society by email about membership, Lost Design Society services, partner information and offers. Lost Design Society uses this method to communicate quickly with you. You have the right to refuse inclusion on a mailing list. You can make a request to remove your email address from a mailing list by contacting Lost Design Society via the contact us button.


17.18 Lost Design Society may use your email address, your mailing address and phone number to contact you regarding administrative notices, publications, and communications relevant to your use of the site and your Lost Design Society subscription, application or membership. If you do not wish to receive these communications, you have the ability to opt out by contacting Lost Design Society via the contact us button.


Cookies


17.19 As part of the normal operation of this site, your internet browser will be sent a "cookie" (a temporary internet file). This cookie enhances the site's functionality with features such as membership login and electronic ordering. By itself, this cookie can only identify your computer to Lost Design Society’s server and so we can track your use of the Lost Design Society website; it is not used to identify you personally.


17.20 In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Lost Design Society in accordance with this policy.


17.21 Your personal password to access the Lost Design Society website protects your privacy. We recommend that you do not disclose, share or reveal this password to any other individual.

Change of Purpose


17.22 From time to time, Lost Design Society may decide to collect different kinds of information. When this occurs, Lost Design Society will update this Website Policies & Terms.


Privacy Enquiries


17.23 You have the right to complain regarding any aspect of your privacy rights. To make a complaint please contact Lost Design Society via the contact us button.


Security


17.24 Your information is stored on Lost Design Society’s server located in a secure data housing facility. Lost Design Society is committed to using industry standard mechanisms to safeguard the confidentiality of your personal information.


17.25 The transmission of information over the internet is not completely secure or error free.


17.26 In particular, emails to or from Lost Design Society and information submitted to or accessed via this website may not be secure and you should use discretion in deciding what information you send to us via these means.


17.27 Emails to/from Lost Design Society may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.



Credit Card Information


17.28 Lost Design Society does not permanently store credit card information anywhere on this site.



Members & Subscribers’ Privacy


17.29 Lost Design Society has a strong commitment to protecting your privacy and ensuring the confidentiality and security of the personal information provided to Lost Design Society by you. Lost Design Society is required to comply with the Australian Privacy Act 1988, as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which came into effect in March 2014.


17.30 You have the right to access the personal information about yourself held by Lost Design Society and to correct that information which is inaccurate. To change your information you must log in to your account with your unique login and password via the Lost Design Society website.


17.31 Lost Design Society is used to:


17.31.1 process applications and renewals and to update your membership and / or subscription details and profile information;


17.31.2 conduct market research in order to identify and analyse the ongoing requirements of Lost Design Society members and subscribers;


17.31.3 ensure compliance with Lost Design Society's terms and conditions;


17.31.4 provide you with Lost Design Society publications and information; and


17.31.5 provide you with access to and information about current and future member and subscriber benefits.


Consent


17.32 You acknowledge and agree that by providing your personal and/or sensitive information to Lost Design Society, that Lost Design Society, its related bodies corporate and partners and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your personal information in the manner set out in this Website Policies & Terms and in accordance with the Australian Privacy Principles.



Liability


17.33 To the maximum extent permitted by law, Lost Design Society will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of this website or the use or reliance on information, including any publication, contained on or linked to from this website. Further, Lost Design Society does not endorse or accept any liability for the contents of any website referred to on, or linked to from this website.


17.34 Lost Design Society does not provide any warranty in relation to your use of this website or as to the currency, completeness or accuracy of the information contained on this website.


17.35 If any law implies a condition or warranty into these Policies which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied.



Copyright Notice


17.36 Elements of this site are protected by copyright owned by or licensed to Lost Design Society.


17.37 You may download and print content from this website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this website without our prior written consent.



Linking & Framing


17.38 This website may contain links to other websites and may on occasion display content or information from other websites within frames on this website. We are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.


17.39 You may link to our website provided you do so in a way that accurately indicates that the link is to a Lost Design Society page and is not misleading.


Use of Electronic Email Addresses


17.40 We may publish electronic email addresses of Lost Design Society directors and employees on this website for business purposes only. The publication of those electronic email addresses should not be taken as consent by Lost Design Society’s directors or employees to receiving unsolicited commercial electronic messages not directly related to the recipient’s role or function


Contact Us


17.41 Please do not hesitate to contact us if you have a concern or issue in relation to how Lost Design Society collects, stores, uses or discloses your personal information.


If your concern relates to your Lost Design Society membership, subscription or another Lost Design Society function or service please contact us via the contact us button.


Inappropriate Posts/Content


17.42 Lost Design Society holds the right to remove content that You post on its website or social media that is dishonest, threatening, offensive, defamatory or any conduct that we believe violates any applicable laws.


Website changes


17.43 Lost Design Society reserves the right to make changes to its website and content at any time, including any changes to these Conditions, which you acknowledge are reasonable.

18. FAQ

Do you have a showroom?


18.1 No, Lost Design Society does not currently have a showroom.


Incoming Stock and Date


18.2 Information about the name, size and stock of particular Goods can be sought from Lost Design Society who may, but has no obligation to, advise you about such matters upon request.


18.3 There is the ability for You to subscribe to the product page of Lost Design Society to be automatically notified when a rug comes back into stock by clicking on the ‘out of stock size’ and clicking the red button “Email me when available”.


Is Lost Design Society an Australian Business?


18.4 Yes, Lost Design Society is an Australian owned and operated business having directors and shareholders that are Australian. Further information about Lost Design Society can be obtained from the ‘about us’ page.

19. Account

Login or sign-up to Lost Design Society


19.1 Join Lost Design Society to earn special rewards.


19.2 Login or Sign-Up to Lost Design Society by clicking the links.