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Trading Policy and General Information

Updated 5/5/2021

1. WORTLEY GROUP PTY LTD ABN 84 004 305 622 (“Wortley Group”) agrees to sell to the person/Company (“the Purchaser”) and the Purchaser agrees to buy the goods (“the Goods”) listed therein for the price specified and upon the terms and conditions hereinafter appearing.

2. Any subsequent sale of Goods by Wortley Group to the Purchaser shall be deemed to be made on the terms and conditions herein contained, unless such terms and conditions are varied in writing signed on behalf of both Wortley Group and the Purchaser.

3. The mere ordering of Goods from Wortley Group or signing of a manifest or delivery docket for Goods received by or on behalf of the Purchaser shall notwithstanding anything that may be stated to the contrary by or on behalf of the Purchaser constitute acceptance of these terms and conditions of sale.

Terms of Payment
4. For customers with a pre-approved Wortley Group credit facility, the goods shall be paid for by the Purchaser, nett cash within 30 days from the end of the month in which the Goods are purchased. For customers without a credit facility, the goods must be paid for prior to despatch.

5. Payments may be made by Cheque, Direct Debit (EFT), B-Pay, Visa, or MasterCard only. Credit card payments using Visa or MasterCard will incur a processing fee of 1.0% plus GST.

6. Wortley Group may apply an account keeping fee of $25.00 per month on an overdue account. Payment of overdue accounts using any credit card may incur a late fee of 3% of payment amount.

7. Wortley Group may vary the terms of payment and may withdraw credit or the offer of discount, either temporarily or permanently without notice to the Purchaser.

8. Wortley Group reserves the right to make part deliveries of any of the Goods and each part-delivery shall entitle Wortley Group to invoice the Purchaser for same whereupon payment shall be made in accordance with Clause 4 hereof.

9. Wortley Group reserves the right at any time in its sole discretion to revise the price of any of the Goods and to modify the packaging and materials for any of the Goods. The price of Goods shall be the price in effect at the date upon which the Goods are ordered by the Purchaser.

10. Property in the Goods shall not pass to the Purchaser and shall be retained by Wortley Group until payment in full in respect of the Goods and all other Goods supplied by Wortley Group to the Purchaser has been received by Wortley Group. Where Goods are paid for by cheque, property in the Goods shall not pass until such time as the cheque has been honoured.

11. Until such time as the Goods have been paid for in full the Purchaser is at liberty to sell the Goods in the ordinary course of its business, as agent for Wortley Group and shall account to Wortley Group for the proceeds thereof.

12. In the event that the Goods become constituents of other products while subject to Wortley Group’s ownership, the ownership in the Goods shall remain with Wortley Group.

13. Unless otherwise agreed in writing risk in the Goods shall pass upon delivery to the Purchaser.

14. Property in all Display Equipment (including sample books) provided on a loan basis from Wortley Group to the Purchaser shall be retained by Wortley Group. Display Equipment shall be returned forthwith by the Purchaser to Wortley Group upon demand failing which the Purchaser shall pay to Wortley Group the full market value of such Display Equipment.

Claims and Returns and Allowances
15. Any claims against Wortley Group must be made in writing within seven (7) days of delivery of the Goods except for claims for non-delivery which must be made in writing within 14 days from the date of invoice. All claims must refer to the official invoice number and date and state the reason for the claim.

16. No defective Goods shall be returned by the Purchaser to Wortley Group without specific authority from Wortley Group. No freight charges for Goods returned at the volition of the Purchaser shall be acceptable by Wortley Group unless authorised by Wortley Group in writing prior to the return of the Goods. Only freight carriers specified by Wortley Group must be used for credit claims and returns. Goods must be returned in the condition in which they were received by the Purchaser.

17. Wortley Group shall be under no obligation to accept the return of non-defective Goods, but if it does so, the provisions of the previous clause in relation to freight charges shall apply and Wortley Group may impose a restocking and freight inclusive charge of $100 plus GST (see Clause 31). Where the partial return of Goods results in those Goods remaining with the Purchaser falling into a higher price segment, Wortley Group reserves the right to re-charge the remaining Goods at the higher price at its discretion. Goods must be returned in the condition in which they were received by the Purchaser.

18. Wortley Group shall not be liable to the Purchaser if it is unable to fill any order within reasonable time or at all.

19. The liability of Wortley Group to the Purchaser in respect of any breach of any express or implied condition relating to the Goods shall be limited to remedies as shown under the Competition and Consumer Act 2010. Wortley Group at its option:-
(i) Replacing the Goods or supplying equivalent Goods;
(ii) Repairing the Goods; or
(iii) Refunding the purchase price.

20. The Purchaser acknowledges that it is aware of the terms of the 3-Year warranty offered by Wortley Group to end users of the Goods and shall make end users of the Goods aware of such warranty and of the necessity to care for the Goods in accordance with our performance grading and care instructions.

21. 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 for compensation for any other reasonably foreseeable loss or damage. You are entitled to have the Goods repaired or replaced if the Goods fail to be acceptable quality and the failure does not amount to a major failure.
Governing Law

22. This agreement shall be construed in accordance with and governed by the laws of Victoria and the parties consent to the jurisdiction of the Courts of that State.

Directors Guarantee
23. If the Purchaser is a Company then each of its Directors shall, at Wortley Group’s option, enter into a form of guarantee as provided by Wortley Group.

24. Wortley Group Goods delivered to all areas of metro and greater Melbourne, will incur a freight and handling charge of $20.00 + GST per consignment. Part orders not in stock at the time of the original delivery will not incur the charge.

25. Wortley Group Goods delivered to Canberra, Sydney, Gold Coast, Brisbane, Sunshine Coast, Adelaide, Perth and Tasmania will incur a freight and handling charge of $30.00 + GST per consignment. All other domestic regions will be at freight cost. Part orders which are not in stock at the time of the original delivery will not incur the charge.For orders requiring delivery to outer regional areas, Wortley Group reserves the right to quote applicable freight cost upon placement of order.

26. A ‘Premium Delivery’ air freight service to capital cities is available on request. Consignment charge subject to rates on application.

27. Export deliveries facilitated by Wortley Group will be invoiced at freight cost.

28. Domestic and International palletised deliveries will be calculated at cost.

Cut Lengths
29. The minimum order size is 1 linear metre. We cut to the nearest 10cm.
Small Order Surcharge

30. No small order surcharge is applicable to any delivery.

Restocking Charge
31. A $100 + GST charge, will be applied to any customer returns that were correctly supplied to order by Wortley Group.
Indent/Special Orders

32. Where goods have been ordered from a local or overseas supplier on an indent or special order basis, they cannot be accepted for return.

33. Where an indent or special order is changed or cancelled after the suppliers’ preparation, then a charge representing 50% of the order value of the changed or cancelled item/s will apply.

34. Wortley Group, at its discretion may request a deposit or full payment in advance for any order deemed large, indent or specially produced.

Export Orders
35. Where goods are to be exported (ex Australia) by Wortley, on behalf of the client, a 50% deposit will be requested. The balance owed is due once goods are ready for export. If a client has an active Wortley credit account, the export balance owed will be applied to that account for payment within our normal 30 day terms. This applies to both sea and air movements.

36. Where Wortley facilitates movement of goods directly from an overseas supplier to a client nominated overseas destination, a 50% deposit is requested upon placement of order. The balance owed is requested to be paid before movement of shipment. Use of any available credit facility is not applicable in this scenario.

37. Where an order has been specially produced in an MOQ (Minimum order Quantity), client should expect and accept up to a 5% variance on the minimum quantity (Mt or M2) ordered.

Deposit Payments
38. If any order is cancelled or changed where a deposit has been paid, that deposit will be treated as non-refundable at the discretion of Wortley Group.
Stock Advice

39. On occasion, some products may be out of stock. Upon placement of an order, Wortley Group will immediately advise of the expected availability date. If precise information is not immediately available, Wortley Group will obtain such information and advise the Purchaser as soon as possible. If an advised availability date is adjusted, Wortley Group will advise the Purchaser of the adjustment by phone or email.

40. Order cancellations by Purchasers must be advised in writing via fax, mail or email. The cancellation notification must include the Purchaser’s account name, item to be cancelled and where applicable, the purchase order number.

Consignment Delay Inquiry
41. In the event of your not receiving an expected delivery, Wortley Group will trace the consignment with the freight company and arrange for prompt delivery. To assist staff to trace the consignment as quickly as possible please provide us with as much of the following information as possible:
Fabric name and colourway Meterage
Customer account name Delivery address
Date ordered Purchase order number
Contact name and phone number
Consumer Concerns

42. Wortley Group procedure for handling Customer Concerns provides a timely method of resolution. A Customer Concern Form is provided to the manufacturer/retailer for completion with all relevant details. An example of the concern, usually a removable cushion may be requested.
If required, an onsite inspection will be arranged by the Wortley Group representative. All parties to the concern are informed of the resolution.

Colour Matching
43. Please examine carefully before cutting to verify that colour, pattern, etc. are as ordered. Since no two print runs or dye lots can be colour matched identically during processing, there is bound to be a slight amount variation. We will, however, always attempt to ship a satisfactory commercial match. Any fabric that is cut cannot be accepted for return. Should an exact match be required, please submit a cutting with your order.

Flame Retardant Certificate
44. Flame Retardant Certificates are available, where applicable, upon request.


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