TERMS OF SALE
Ground Control Rugs Pty Ltd ABN 24 659 631 517 creates a stunning, ethically manufactured, fully customisable rug range.
By ordering products, you acknowledge that you have read, understood and agree to be bound by these Terms of Sale.
1. Purchasing our products
1.1 You may buy products offered online by Ground Control by navigating the catalogue and shopping cart available on our website, or you may order a customised product directly with our design team.
1.2 To purchase products, you must be at least 18 years of age
1.3 By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete
You understand and agree:
2.1 Ground Control products may be determined by pre-determined pricing on products listed for sale via the website or according to client specifications.
2.2 Please refer to your invoice for details and specifications of your selected product.
2.3 All specifications, drawings, and particulars of weights and dimensions submitted to Ground Control by you are considered approximate only.
2.4 Where you supply specifications, drawings or other particulars, Ground Control's price is based on estimated quantities required.
2.5 If any adjustments in quantities above or below the quantities estimated by Ground Control and set out in a quotation, then any such increase or decrease is to be adjusted on a unit rate basis according to unit prices set out in this document or the quotation.
2.6 Quotes provided by Ground Control are valid for three (3) months from the date of quote. Jobs proceeding after this length of time may need to be re-quoted.
2.7 Any deviation from specifications submitted by you does not vitiate any contract with Ground Control or form grounds for any claim against Ground Control.
2.8 The descriptions, illustrations, and performances in catalogues, price lists, and other advertising collateral do not form part of the contract of sale of the goods or the description applied to prices.
2.9 Pricing is in USD outside Australia. Pricing is in AUD for Australia
2.10 All prices include delivery charges.
2.11 The Customer is responsible for customs duty and other taxes applicable for purchases and delivery to locations outside Australia or the USA.
2.12 All prices are subject to change without notice.
3.1 The full payment for your order (including the product price and applicable delivery charges) will be deducted from your chosen payment method on completing your order.
Variations to existing collections
3.2 Where variations are simply a case of size or colour from existing collections (so long as the colour features in the Ground Control folio), please refer to the Price List on the website and Digital Showroom[SN2] .
3.3 For all other designs, prices are provided upon application.
3.4 A 50% deposit is required to proceed with the manufacturing process. This payment is non-refundable once manufacturing has commenced.
3.5 The buyer must pay the balance of the quoted price before final delivery. All goods remain property of Ground Control until any monies owing are paid in full.
3.6 Ground Control reserves the right to charge for pre-manufacturing services, including design development, renders, sample sourcing, meetings and liaison with Ground Control representatives.
3.7 If a quoted job is signed off and subsequently cancelled before manufacturing, pre-manufacturing service charges will be levied to the client at 30% of the total invoice.
3.8 We accept payment by PayPal, direct debit, Apple Pay, Shopify Pay, and Gpay.
3.9 We do not retain or store credit card details.
3.10 Your selected items will be couriered within 6-10 weeks of receiving cleared funds, depending on whether it's Domestic or International orders.
3.11 Larger or custom orders may take longer to process and delivery times will be stated on order/quote.
4. Special offers
4.1 Ground Control may provide special offers from time to time.
4.2 At any time, we may terminate any special offer without advance notice.
4.3 If terminated, a special offer will continue to apply to products you ordered in good faith under these Terms before the special offer was terminated.
5. Free Services
5.1 Ground Control offers Room Service – a free virtual rendering service to help with your rug selection.
5.2 Room service will prepare a highly realistic image of Ground Control rugs in your space to help you decide on a product.
5.3 Ground Control does not guarantee that you will obtain the same result in your location as that prepared by Room Service. Room Service simulates an artistic impression, and an exact colour match may not be achieved.
5.4 The scale in the virtual render is an estimate. It is the Customers responsibility to check the space and order the correct size.
5.5 Your correct selection after using Room Service is your responsibility.
5.6 A refund is not available for change of mind or incorrect size and colour selection of a product using Room Service.
5.7 You may order Room Service via the "Try It At Home" button by uploading a photo of your space or submitting images via email.
5.8 The following details are required to be submitted when ordering a Room Service:
● Email address
● Phone number
● Additional Notes/Styles/Size Requests
● Photo of your space
5.8 You may also order swatches from our via the "5 Samples for $5" for any of Ground Control's products to check the colour and quality in person.
5.9 You may either borrow a single swatch for $1 or order 5 swatches on loan from our digital showroom if in the USA or Australia.
5.10 A refundable deposit of $20 for a single swatch and $100 for 5 swatches is required for the loan of all swatches. Failure to return the swatches will result in forfeiture of the deposit amount.
6. Ground Control in-house design service (Custom designs)
6.1 Ground Control offers an in-house design service to assist customers with design development.
6.2 Ground Control will work with the client to ensure that the Ground Control product is created to the client's desired effect.
6.3 Ground Control will create a computer render 'mock-up' of how the bespoke design will likely look if varying from existing Ground Control patterns and where there is no pre-existing example. (This service is the Room Service as above).
6.4 The second design stage is for the Customer to sign off the hand-selected pieces before weaving.
6.5 As all Ground Control rugs are made from natural fibres and hand dyeing processes, the actual rug can never look the same as a computer render. However, if there are specific requests for the design, Ground Control will do its best to accommodate them.
6.6 Because of the nature of the product, Ground Control does not guarantee the completed order will exactly resemble the computer-rendered mock-up of your desired design.
6.7 You acknowledge that variations may occur between the computer-rendered mock-up and the finished product.
6.8 You understand and agree that once weaving has commenced, no changes to the design are permitted.
6.9 You acknowledge that variations may occur between the computer-rendered mock-up and the finished product.
6.10 A refund or exchange is not available once a design has been accepted and signed off by you.
6.11 Manufacturing time is typically 6-10 weeks. However, Ground Control will do its best to accommodate rush orders, which may be arranged with a small surcharge to pay for the express courier.
6.12 Custom orders take approximately 6-10 weeks for delivery from the time of order confirmation, depending on the design and production process's complexity.
7.1 Our Ground Control rugs are handmade with love and attention by our skilled weavers in luxe hand-spun natural fibres.
7.2 Due to the handmade nature of our products, some minor imperfections and irregularities may occur from time to time. These subtleties may be reflected in weave or pattern/ line consistency.
7.3 Dyed colours are likely to present a natural range within the specified tone.
Likeness to photographed samples
7.4 Pattern variations and slight colour or size differences should be expected.
7.5 If a specific design is requested in a bespoke creation, Ground Control will do its best to accommodate this request.
7.6 All sizes are quoted as a representation only.
7.7 The nature of handmade products sometimes results in size variations of up to 3-5% length or width; this is typically regarded as a feature, not a fault.
8. Shipping and Delivery
8.1 You are responsible for entering or advising the correct address and delivery details when ordering.
8.2 If your goods are returned because an incorrect address was provided, you will be required to pay shipping costs to the correct address before the release of your item/s.
8.3 Most items will be couriered within approximately 6-10 weeks of receiving cleared funds.
8.4 If you purchase over the weekend or on a public holiday, we will receive your payment on the next business day, which may impact lead times.
Standard and International Shipping
8.5 For Australian and US orders over $1,000, free shipping is offered.
8.6 All other clients will be quoted freight charges at the time of ordering.
8.7 All items have tracking.
Customs and Import Duties
8.8 No customs or import duties are applicable for customers in Australia and the USA.
8.9 For any other countries, customs or import duties are charged once the parcel reaches its destination and must be paid by the recipient.
8.10 You understand and agree:
a. Ground Control has no control over delays with courier services or customs in your country once the item leaves our maker.
b. Delivery times of items are provided as estimates only.
c. Ground Control has no control over delays with postal and courier services caused by events outside Ground Control's control, for example, natural disasters, government-enforced lockdowns, and industrial disputes. Therefore, Ground Control is not responsible for the late delivery of your items due to these issues.
d. You are responsible for following and managing the retrieval of your ordered item from your local post office or courier office.
Custom designed items
8.11 The delivery times are estimates only, and Ground Control is not liable for late delivery or non-delivery.
8.12 Ground Control may, at its option, deliver the goods in any number of instalments.
8.13 Ground Control is not responsible to you or any person for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Ground Control is legally responsible for the person who caused or contributed to that loss or damage).
9. Product Usage - Your responsibility
9.1  Detailed instructions will be provided to you with your purchase.
You understand and agree:
9.2 You are required to follow the instructions provided by Ground Control rugs.
9.3 All textiles will fade in steady and uninterrupted sunlight. Darker colours will be more susceptible to fading.
9.4 We recommend rotating your rug frequently to maintain its overall colour consistency and to reduce damage caused by direct light.
9.5 To reduce pilling, pulling and loose/long threads in our rugs, ensure any vacuuming is not undertaken with a rotating or brush head vacuum cleaner. This will also keep the weave of your rugs in top condition and lengthen their life.
9.6 Pilling can occur if brush head vacuums are used.
9.7 Any long threads that may become obvious after the settling of the rug can be trimmed neatly with scissors. For assistance or advice, please email firstname.lastname@example.org
9.8 Any spills should be swiftly blotted with a clean cloth.
9.9 A cold water compress with additional blotting should pull away any more spills.
9.10 Do not rub the weave as friction may cause pilling of the area or pushes stain further into the weave.
9.11 Please do not use chemical cleaners that could damage the colour or texture of your rug. Cold water is always best.
9.12 Do not dry clean your rug.
9.13 Nano Spray, Micro Seal or Scotch guard can be performed on most of our weaves- for further information and advice, please email email@example.com
9.15 Our hand-selected natural fibres will likely have some shedding after weaving into the rug; over time, any shedding will stabilise.
9.16 A good rug shake or routine vacuuming with a non-motorised/brush head will expedite the shedding process and eliminate any excess fibres.
9.17 When you receive your Ground Control rug, it will have been folded or rolled for transportation.
9.18 Please back roll the rug against any creases and lay it flat for several days, weighted if possible.
9.19 The rug will typically settle after a short time.
Likeness to photographed samples
9.20 Ground Control creates natural products.
9.21 Each one of the rugs and accessories is unique.
9.22 Pattern variations and slight colour differences should be expected due to subtly different base colours and minor dye batch variations.
9.23 Computer monitors can display colours slightly different from the actual item when purchasing online.
9.24 We recommend you order a rug swatch to ensure you are happy with the colour.
9.25 The swatch may not always be exact may be due to batch variations, and you acknowledge that such variations may occur.
9.26 All sizes are quoted as a representation only.
9.27 Handmade, natural products sometimes result in size variations of up to 3-5% in length or width.
9.28 The Client is responsible for ensuring the correct rug size with adequate seam allowance for cutting to fit the inlay space as confirmed on the invoice.
9.29 Inlay rugs must be glued firmly and securely in place.
9.30 Ground Control is not responsible for any aspect of the installation of the inlay rug.
9.31 Ground Control is not liable for any damage caused to the rug during the installation process.
10. Returns and Refund Policy
It is important to Ground Control that you are satisfied with your purchase of products. Therefore, the following conditions are strictly applied to all returns and requests for refund or exchange:
10.1 Ground Control is not obliged to accept goods, including customised items, returned by you and will do so only on terms to be agreed in writing in each case.
Custom designed items
10.2 Ground Control will not change or exchange a product once the product design and order have been signed off by you and/or the manufacturing has commenced.
10.3 Ground Control will not refund a customised product except where there is an agreed manufacturer's fault or defect. In this case, the relevant procedures in Paragraphs 9.1-9.26 must be strictly followed for a refund or replacement to be considered.
14-day money-back guarantee
10.4 Ground Control offers a 14-day money-back guarantee (less a 10% restocking fee) on any products purchased on the website, except for custom items (see 10.1-10.3), provided products are returned in original and unused condition.
10.5 You may exchange the item for another time of the same value with no restocking fee.
10.6 You must email Ground Control with your refund request within 14 days of receipt of your item.
10.7 If the returned merchandise is approved for refund assessment, you are responsible for the return postage to Ground Control.
10.8 Ground Control reserves the right to inspect and assess the condition of returned merchandise before processing a refund or exchange.
10.9 After 14 days, there is no refund for a change of mind.
Manufacturer's fault or defects (website purchases and custom design items)
10.10 We will happily provide a full refund and reimburse you for the cost of return shipping via standard Australia Post where the item is deemed to have a genuine manufacturers fault or defect under the following conditions:
a. You are responsible for examining the item for manufacturing defects or faults upon receipt.
b. You must notify Ground Control immediately upon noticing any defects or faults AND within 14 days of receiving the order.
c. You must provide the following information
● Order name
● Order number
● Details of the defects or faults and
● Photographs clearly showing defects or faults.
d. Ground Control will provide instructions for the return of the items for a physical examination to determine if a possible manufacturer's fault or defect is present.
e. You will receive a notification from us about whether we agree that the items are faulty or defective within 24 hours of the receipt of items by us.
f. If deemed faulty by Ground Control, a replacement item will be shipped where possible (subject to stock availability), or a refund will be issued.
g. Returns will be processed within ten (10) business days from the receipt of the item at Ground Control Warehouse.
10.10 After 14 days, photographic proof must be provided of any suggested fault to prove the fault lies with the product and not due to improper care of Ground Control products.
10.11 Ground Control will assess the nature of the suggested fault and confirm whether a repair, replacement, or refund is applicable.
10.12 An email must be sent to firstname.lastname@example.org notifying us of the nature of the problem and request to return the item, and we will respond within 24 hours.
10.13 Where a return and refund of an item are approved, the purchase price, less a 10% restocking fee, will be refunded. A restocking fee does not apply to a return or refund approved for a damaged or defective item.
10.14 We will not accept the return of items where a customer has not paid relevant custom and/or import duties. In such cases, no refunds will be provided.
10.15 All returns should be returned with postal or courier tracking.
10.16 There are no returns or exchanges on any items on sale.
Gift voucher purchases
10.17 Orders purchased with redeemable online gift vouchers will be refunded with a replacement voucher.
10.18 You can exchange your product for another one of the same or greater value without a restocking fee.
10.19 All exchange requests must be received within 14 days of your purchase.
10.20 Please contact Ground Control email@example.com with your exchange request and the following details:
● Your name
● Order number
● Phone number
● Email address
● Postal address
10.21 We will be in touch within 24 hours of receipt of your email.
10.22 The Customer is required to
a. Pack and seal the item in appropriate protective postage satchels, and
b. Attach a trackable Australia Post or courier company label, and
c. Return the item by post or courier to the address provided in your exchange confirmation email.
9.20 Ground Control does not accept responsibility for items posted to us by you.
9.21 Please ensure all requested information is contained within the parcel to confirm the purchaser's identity.
9.22 Ground Control will replace the item after inspection and send another item in exchange, free of charge; however, the Customer is responsible for the postage for the item selected for exchange.
Postage fees responsibility and reimbursement
9.23 Ground Control will reimburse you for the costs of return postage where an item is faulty or an error on our side (e.g. incorrect order) using standard Australian Post service.
9.24 If you change your mind or seek to exchange an item, you will be liable for return and exchange postage fees as required.
9.25 Refund processing
9.26 When your return is received, examined, and a refund is approved, an email will be sent to the Customer confirming refund approval.
9.27 Please allow 3-5 working days for your item to be examined and the refund request to be approved.
9.28 Please allow up to 10 days from approval for your refund to appear in your nominated bank account.
10. Limitation of liability
10.1 Ground Control guarantees the weaving and stitching of all of its products only.
10.2 Ground Control's liability for the weaving and stitching of all of its products is limited to making good any defects by repairing the defects or, at Ground Control's option, by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as:
a. defects have arisen solely from faulty materials or workmanship;
b. the goods have not received maltreatment, inattention or interference;
c. accessories of any kind used by the Customer are manufactured by or approved by Ground Control, and
d. the defective parts are promptly returned free of cost to Ground Control.
10.3 After this time, Ground Control will gladly carry out repairs at your cost.
10.4 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.
10.5 Ground Control's liability for a breach of a condition or warranty implied by law is limited to any one or more of the following:
a. the replacement of the goods or the supply of equivalent goods.
b. the repair of the goods.
c. the payment of the cost of replacing the goods or of acquiring
d. equivalent goods; or
e. the payment of the cost of having the goods repaired.
10.6 Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
10.7 For our Room Services, you understand that the arts and images are an artistic representation only.
10.8 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage limited to the amount paid as the purchase price.
10.9 You are also entitled to have the products replaced if the products fail to be of acceptable quality, and the failure does not amount to a major failure.
10.10 You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
10.11 To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services, including layout, assembly or installation of goods via this website or otherwise, or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages.
10.12 This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence.
10.13 Where we refund you the amount of your order (less any amount you have agreed we may deduct, as described in these terms and conditions), you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
11. Copyright and Intellectual Property
11.1 All material on this Site or otherwise delivered by Ground Control, including (but not limited to) all designs and artwork (Our Content), is subject to copyright.
11.2 Modifying our Content for any other purpose violates our copyright and other proprietary rights and is strictly prohibited and may violate the copyright of third parties.
11.3 You acknowledge that you do not acquire any ownership rights by using the Site or our Content or purchasing our product.
11.4 The artwork, designs, trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Ground Control and third parties from whom we have obtained appropriate permissions for use.
11.5 Whether registered or unregistered, the trademarks may not be used in connection with any product or service that does not belong to Ground Control, in any manner that is likely to confuse customers, or in any manner that disparages Ground Control.
11.6 Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
11.7 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Ground Control will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
12. Force Majeure
12.1 A Force Majeure event is an event outside our control that delays or hinders our ability to perform our obligations under this Agreement.
12.2 A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures, computer virus or unauthorised tampering.
12.3 Ground Control is obliged to act reasonably to mitigate a Force Majeure event's effect to perform its obligations under this Agreement.
12.4 Ground Control shall not be deemed in breach of this Agreement for the suspension or delay in performing, or failure to perform, any of its obligations under this Agreement if delay or failure of performance results from Force Majeure events.
12.5 Upon the occurrence of any Force Majeure Event, Ground Control shall notify the Customer of its inability to perform or of delay in supply or delivery and shall propose the following at its discretion:
a. Revisions to the delivery schedule for products and services; or
b. Cancel the order with a credit amount paid for the order less any expenses without further liability to the Customer.
12.6 Where performance is impossible due to the duration and effect of the Force Majeure event, Ground Control shall not be liable to the Customer for damages arising out of or relating to the suspension or termination of any of its obligations or duties under this Agreement because of the occurrence of a Force Majeure Event.
13. Dispute resolution
13.1 Should a dispute arise between us, we strongly encourage you to contact Ground Control at firstname.lastname@example.org to seek a resolution.
13.2 Any reasonable requests will be considered. In addition, ground Control will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
14. Entire agreement
15. Modification to terms
15.1 We may alter these Terms from time to time by posting the modified version on our website.
15.2 You should visit the website regularly to keep up to date with any alterations.
15.3 In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.
16. Applicable law
16.1 These Terms shall be construed in accordance with and governed by the laws of the State of Western Australia.
16.2 You consent to the courts' exclusive jurisdiction in Western Australia to determine any matter or dispute that arises between you and Ground Control.
By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement.
Ground Control Pty Ltd