Terms of service

Last updated: 7 April 2026

This Terms of Use (“Terms”) govern your use of the Avella Living website, services, products, content, features and tools (collectively, the “Services”). By accessing or using the Services, including making a purchase, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

References to “Avella Living”, “we”, “our” or “us” are to Avella Living (ABN 19 476 505 139).

SECTION 1 – ACCESS AND ACCOUNT
You represent that you are at least the age of majority in your place of residence and are legally capable of entering into binding contracts.

To use the Services, including browsing or purchasing, you may be required to provide personal information, including payment and shipping details. You warrant that all information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your account credentials. You may not transfer or assign your account.

SECTION 2 – OUR PRODUCTS
We attempt to provide accurate product descriptions, images and specifications. However, variations may occur due to device settings, manufacturing changes, or stock updates. Colour, texture and dimensions may vary from those shown online.

We do not warrant that appearance or quality will meet your expectations.

All product descriptions are subject to change without notice, at our discretion.

SECTION 3 – ORDERS
When you place an order, you are offering to purchase goods. Avella Living may accept or decline your order at its sole discretion. No contract is formed until your order has been dispatched.

We may cancel or refuse orders due to unavailable stock, pricing errors, fraud concerns, or other business reasons. If an order is cancelled after payment, you will receive a full refund.

Your purchases are governed by our Shipping Policy and Refunds & Returns Policy.

You represent that your purchases are for personal or household use, not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change at any time without notice. The price charged will be the price in effect when you place your order. You agree to provide accurate and up-to-date payment information.

You represent that the payment card or method used is yours, valid, and has sufficient funds to cover your purchases.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for delivery delays. All delivery timeframes are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs processing, peak periods, incorrect addresses, or circumstances beyond our control.

Risk of loss for products passes to you upon delivery to the nominated address.

SECTION 6 – WARRANTY

Some products sold may include a manufacturer or supplier warranty. Warranty availability, duration and conditions vary by product and supplier.

Unless otherwise stated, warranty:

  • Applies only to manufacturing defects under normal domestic use;
  • Does not cover accidental damage, misuse, commercial use, wear and tear, or unauthorised modifications;
  • May require photographic/video evidence and return of the goods for inspection before a decision is made.

Approved warranty remedies may include repair, replacement, parts supply, or refund where appropriate.

Nothing in this section limits your rights under the Australian Consumer Law.

SECTION 7 – AUSTRALIAN CONSUMER LAW
Our goods come with consumer guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (“ACL”). You are entitled to:

  • A replacement or refund for a major failure;
  • Compensation for any other reasonably foreseeable loss or damage;
  • Repair or replacement if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights are in addition to any rights under this agreement.

 SECTION 8 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, logos, text, images, graphics, designs, and product listings, is owned by or licensed to Avella Living and protected by law.

You may use the content for personal, non-commercial purposes only. Any reproduction, copying or exploitation without prior written consent is prohibited.

SECTION 9 – THIRD-PARTY LINKS AND TOOLS
The Services may contain links to websites or resources provided by third parties. We are not responsible for the content, accuracy, or policies of any third-party site. Accessing third-party content is at your own risk.

Optional tools provided by third parties are offered “as is” without endorsement or warranty by us.

SECTION 10 – CHARGEBACKS AND PAYMENT DISPUTES
If a credit or debit card payment is cancelled, reversed, challenged or altered for any reason, you agree that:

  • We may provide relevant order, shipping and communication records to financial institutions;
  • We may pursue recovery for the amount owed plus any costs we incur due to the action.

Initiating a chargeback without attempting resolution with us may be considered a breach of these Terms.

SECTION 11 – DISCLAIMER OF WARRANTIES
Except as expressly stated and to the maximum extent permitted by law:

  • The Services and all products are provided “as is” and “as available” without any warranty of any kind;
  • We disclaim all implied warranties, including of merchantability, fitness for a particular purpose, durability or non-infringement.

Nothing in this section affects your rights under the ACL.

SECTION 12 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Avella Living’s total liability to you for any claim is limited to the amount you paid for the goods.

We, and our directors, officers, agents and affiliates, are not liable for any indirect, incidental, special, punitive, consequential loss or damage, loss of profits, data loss or loss arising from your use of the Services or products.

SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Avella Living and its officers, directors, agents, partners and employees against all claims, losses, liabilities, costs and expenses arising from:

  • Your breach of these Terms;
  • Your violation of any law or third-party rights;
  • Your use of the Services.

SECTION 14 – SEVERABILITY
If any provision is found unenforceable, it will be severed, and the remaining Terms continue in effect.

SECTION 15 – WAIVER
Our failure to enforce any provision is not a waiver of that provision or any other.

 SECTION 16 – ENTIRE AGREEMENT
These Terms and the policies referenced constitute the complete agreement and supersede all prior understandings.

 SECTION 17 – ASSIGNMENT
You may not assign your rights or obligations without our written consent. We may assign or transfer these Terms at any time.

 SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

 SECTION 19 – CHANGES TO TERMS
We may update these Terms at any time by posting a revised version on this page. Continued use of the Services constitutes acceptance of the amended Terms.

SECTION 20 – CONTACT INFORMATION

If you have questions about these Terms, please contact us at:
info@avellaliving.com.au
ABN: 19 476 505 139