Terms of service

BERGAMO DESIGN — TERMS OF SERVICE

Last updated: [23 MAY 2026]

OVERVIEW

Welcome to Bergamo Design. The terms "we", "us" and "our" refer to Bergamo Design. We operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) which cannot be excluded, restricted or modified by agreement.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, and you consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours, finishes or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Australian Consumer Law. Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law which cannot be excluded, restricted or modified by agreement, including the guarantees as to acceptable quality, fitness for any disclosed purpose, and matching description.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Bergamo Design reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Bergamo Design confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Bergamo Design may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Refund Policy and your rights under the Australian Consumer Law.

Our products are sold for end-use installation by consumers, builders, designers and trade.

SECTION 4 — PRICES AND BILLING

Currency. All prices listed in our online store are in Australian Dollars (AUD). Any applicable GST is included in the displayed price. Posted prices do not include shipping, handling, customs or import charges unless expressly stated.

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Prices posted in our online store may differ from prices offered by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your card issuer; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

All delivery times stated on our Services are estimates only and are not guaranteed. Delivery times may be affected by shipping carriers, customs processing, or events outside our control.

Risk and title. Risk of loss or damage to goods passes to you on delivery to the address you nominate. Title to goods passes to you once we have received payment in full.

Australian Consumer Law. Nothing in this section excludes, restricts or modifies any right you have under the Australian Consumer Law, including the consumer guarantee that services (including delivery) will be supplied within a reasonable time.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including all trade marks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement of them, are owned by Bergamo Design, its affiliates or licensors and are protected by Australian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants any licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of Bergamo Design, Shopify or any third party. Unauthorised use of the Services may be a breach of intellectual property laws. All rights not expressly granted are reserved by Bergamo Design.

Bergamo Design's names, logos, product and service names, designs and slogans are trade marks of Bergamo Design or its affiliates or licensors. You must not use these trade marks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control or input over.

You acknowledge and agree that, to the maximum extent permitted by law, we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. To the maximum extent permitted by law, we have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools are provided.

We may also offer new features through the Services in the future. Such new features will also be part of the Services and are subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the maximum extent permitted by law, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Bergamo Design is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Bergamo Design. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bergamo Design, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Bergamo Design, except to the extent any such release would be void or unenforceable under applicable law (including the Australian Consumer Law).

SECTION 10 — PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy, which is designed to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in other countries than where you reside in order to provide services to you. See our Privacy Policy for more details.

SECTION 11 — FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes any third party's intellectual property or these Terms.

You agree that your Feedback will not infringe any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any Australian or international laws, regulations, rules, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any unsolicited advertising or promotional material, including any "junk mail," "chain letter," "spam," or any similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Bergamo Design, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Australian Consumer Law and Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — AUSTRALIAN CONSUMER LAW AND DISCLAIMER OF WARRANTIES

Australian Consumer Law guarantees. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Subject to the paragraphs above, and to the maximum extent permitted by law, the information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Subject to the paragraphs above, and to the maximum extent permitted by law, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 16 — LIMITATION OF LIABILITY

Consumer guarantees. Nothing in this section excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Subject to the paragraph above, and to the maximum extent permitted by law, in no case shall Bergamo Design, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product.

Where our liability for breach of a consumer guarantee under the Australian Consumer Law cannot be excluded but may be limited, our liability is limited, at our option, to: (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 equivalent goods; or (d) the payment of the cost of having the goods repaired.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bergamo Design, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. This indemnity does not apply to the extent that any loss, damage, liability or claim is caused or contributed to by Bergamo Design.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such severance will not affect the validity and enforceability of any remaining provisions.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 — GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of New South Wales, Australia. You and Bergamo Design submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Bergamo Design
Sydney, NSW, Australia
Email: info@bergamo.com.au