General terms & conditions of purchase
By clicking ”Confirm order” you confirm that you have read – and accept to be bound by – these user terms and conditions and that you give your consent to the processing of your personal data in accordance with Section 3 below.
1 About Mr Perswall
1.1 You must be at least 18 years of age and competent to enter into agreements in order to shop at Mr Perswall. In addition, you must accept the terms and conditions as laid down below.
1.2 These general terms & conditions of purchase contain the rules applicable to ordering wallpaper from mrperswall.com.au. By agreeing to these terms and conditions, you accept to be bound by the current version at any given time. It is your responsibility to check the current version before each transaction.
2 Contractual parties & payment terms
2.1 When you register your purchase, you also select a Mr Perswall stockist (called the ‘stockist’) who you will pay and from whom you would like to collect your wallpaper. In other words you enter into a purchase agreement with your stockist (as our agent) and it is to this stockist’s premises that your products are delivered. It is also this stockists who helps you with advice and tips regarding wallpapering and handles any complaints you may have.
2.2 You pay for the wallpaper when you collect it from the stockist, i.e. from the stockist you nominated when you made your order.
3 Registration & management of personal data
3.1 Registration with Mr Perswall is free of charge and no purchase is required. You must take your own precautions to ensure that the processes and equipment which you use for accessing this website do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, no responsibility is accepted for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
3.2 When you order, you must provide the information requested in the registration form. The information includes your name, address and contact details, including a working e mail address.
We at Mr Perswall process your details in order to perform our agreement with you, deliver your products, and so on. We will also use your details in order to send you offers and to tell you about new products or services. Your personal data may also be transferred between us and other companies in our Group and to the stockist (s) you choose and to our sole Australian distributor, Radford Furnishings Pty Ltd (“Radford”). By filling in your details in connection with making your order, you approve the processing of your personal data by us in accordance with the Swedish Personal Data Act (1998:204) and by our stockists and Radford in accordance with the Privacy Act 1988 (Cth).
3.3 Offers and news can be sent directly by mail or by any other means. However, Mr Perswall will not send any advertising to you by email or SMS/MMS without your having explicitly requested it, for example, by accepting/actively providing your email address when subscribing to our newsletter or by receiving SMS notification when your wallpaper is delivered.
4.1 When you register, you get a customer account with us, together with a personal password. You can use the password in order to customise wallpaper and/or to shop at mrperswall.com.au.
4.2 You are responsible for keeping your password confidential and for storing it in a secure location so as to prevent unauthorised persons from gaining access to it. If you suspect anyone else of using your password, it is your duty to immediately notify us so that we can block or replace the password.
4.3 You are responsible for any and all use of mrperswall.com.au that takes place through the use of your password. Mr Perswall is not obliged to provide compensation for any form of damage or loss that may arise as a result of unauthorised use. Any and all orders placed with your password will imply a payment obligation for you unless we had been previously informed by you that your password had been used by an unauthorised person.
5 Orders & delivery terms
5.1 Any and all products on mrperswall.com.au are sold at the price (including goods & services tax) specified on the website, subject to available stock. Unfortunately, we cannot guarantee that products which are out of stock will be delivered later or replaced by similar products and we may therefore reject an order in whole or in part. If we reject an order, our refusal also applies for the period thereafter.
5.2 You place orders by logging on to mrperswall.com.au with your password. The order becomes binding for us only after you have confirmed it. Confirmation is normally sent by email no later than one hour after you have placed your order and will apply even if it has been sent to an incorrect email address.
5.3 Normal delivery time is 2 to 3 weeks from our confirmation. You collect and pay for your wallpaper with the stockist you chose in connection with the placement of your order. If your product cannot be delivered within the normal delivery period, our aim is to contact you with a date when delivery can take place.
5.4 Product colours and textures may not exactly match the images on screen.
6 No right of withdrawal
6.1 In those cases where a product is given a clear personal touch or is manufactured in accordance with the consumer’s specific desires, the consumer and the vendor can agree that the right of withdrawal shall not apply pursuant to Chapter 2, Section 5 of the Swedish Distant Sales and Door-to-Door Sales Act (2005:59), the Competition and Consumer Act 2010 (Cth) or otherwise. Since the product you buy via mrperswall.com.au has been specially customised in accordance with your order and is manufactured on your behalf, it is not possible for us to take back your product.
6.2 By accepting these Terms and Conditions, you also accept that you do not have the right to withdraw from your purchase pursuant to the Swedish Distant Sales and Door-to-Door Sales Act or the Competition and Consumer Act or pursuant to any other applicable laws.
7.1 At Mr Perswall we take great care in the quality of our products. Should a product you have ordered at mrperswall.com.au be defective or faulty on delivery, you can complain pursuant to the Swedish Consumer Purchases Act (1990:932) or the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act). The same applies to defects which existed at the time of the delivery but which become evident at a later time. It is important that you check the wallpaper prior to putting it up; defects which are visible in the wallpaper prior to wallpapering do not entitle you to any compensation for the cost of the wallpapering.
7.2 If you wish to make a complaint about your wallpaper, you must report this to your stockist (the address is in your order confirmation) and explain what the defect is. You must complain about the defect within a reasonable period of time after you have discovered it, which means that a complaint shall always be considered to be made within a reasonable period of time if made within 4 weeks of discovering the defect. However, it will no longer be possible to make a complaint three years after the delivery of your wallpaper.
7.3 If the complaint has been made at the right time and the defect cannot be remedied, your dealer and Mr Perswall will combine to compensate you with a new product.
7.4 To the extent permitted by law, any condition, guarantee or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application, our liability under any such condition, warranty or guarantee will be deemed included but the total liability of Mr Perswall, its stockists and Radford (jointly and severally) will be limited for a breach of that condition, warranty or guarantee to one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
If you violate these user terms and conditions, we are entitled to close your account with us.
Your account with Mr Perswall is personal and may not be assigned to third parties. We are entitled to assign all or certain rights (such as the right of payment) and obligations pursuant to these Terms and Conditions to a third party. We are also entitled to resort to subcontractors for the fulfilment of our obligations.
10 Amendments to these terms & conditions
Amendments or supplements to these Terms and Conditions shall come into effect after a notification and a copy of the new Terms and Conditions is published on mrperswall.com.au and emailed to everyone who has an account. Please therefore ensure that the email address you register with us is the email address you actually use. However, we are always entitled to implement with immediate effect such amendments as necessitated by law, ordinance or a regulatory decision. If you do not approve of an amendment or supplement to these Terms and Conditions, you are entitled to terminate your customer account by sending written notification to the address below. If you do not terminate your account, you will be considered to have approved the new Terms and Conditions.
All pictures, text and other content on mrperswall.com.au is protected by copyright, trademark protection and other intellectual property rights, acts and regulations. Unless otherwise indicated, all materials posted on mrperswall.com.au are our exclusive property; in other words, you may not take our pictures and carry out any activity other than create wallpaper with them for supply by our stockist.
12 Force majeure
None of the parties shall be responsible for delays or losses caused by a circumstance which is beyond the control of the respective party and which significantly obstructs the fulfilment of the respective obligation or which makes the fulfilment of this obligation financially indefensible. In those cases where a party wishes to claim such a circumstance, the other party shall be notified without delay.
13 Mandatory legislation
Nothing in these Terms and Conditions may be interpreted in such a way as to constitute an exception to or renunciation of mandatory legislation applicable to purchases pursuant to these Terms and Conditions. If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.
14.1 Any and all disputes in connection with these Terms and Conditions of Purchase shall be settled by the Swedish court of law.
14.2 As a rule, Mr Perswall and its dealers follow the recommendations of the Swedish National Board for Consumer Disputes (ARN).
15 Address for personal data matters
Mr Perswall c/o Radford Furnishings Pty Ltd
Attention: Dallas Gebert (C.A.)
Level 1, 146 Burwood Rd
Hawthorn, Vic, 3122, Australia