|
TERMS AND CONDITIONS
FURNISH.COM.AU, 1300BUNKBEDS, MR MATTRESS ARE REGISTERED NAMES
OF FURNISH.COM.AU PTY LTD (A.B.N. 111 388 427 52) TERMS OF
SUPPLY AND WARRANTY
The following are the
terms and conditions under which FURNISH.COM.AU will supply the goods
ordered/purchased.
1. Ordering and
Purchase
1.1 The Customer acknowledges
that they have ordered or purchased (as the case may be) the
Products.
1.2 The Delivery Date is approximate and
whilst FURNISH.COM.AU will make every effort to deliver on
time, reasonable late delivery shall not be grounds for any
dispute.
2. Payment
The Customer
undertakes to pay the purchase price for the Products as advertised by
cash or by a credit card acceptable to FURNISH.COM.AU, or by Pay-Pal, or by direct bank
deposit within seven days of placing the order. Unless otherwise agreed,
the purchase price does not include delivery or any other
services. A minimum deposit
of $100 is required on all orders.
3. Cancellation
The
Customer cannot cancel for any reason whatsoever, an order that is
specially made for them and is liable for the full cost as
advertised.
4. Product Returns
4.1 Subject to clauses 4.2,
FURNISH.COM.AU is under no obligation to accept any returns of Product
from the Customer.
4.2 If Products are defective
or damaged, the Customer shall return them, at their expense, within 3
days of purchase. (Back to base
guarantee)
4.3 FURNISH.COM.AU reserves the right to replace or
repair such defective goods or to reimburse the Customer the original
purchase price.
4.4 Items which are ordered for
customer in which the customer changes their mind, there will be penalty
of 33.3% of the total cost of the item including G.S.T. and excluding
freight.
4.5 All items of furniture are
delivered flat-packed (unless otherwise stated)
5. Risk and
Title
Risk in the Product passes to the Customer when the
Product is delivered or dispatched to the Customer and title to the
Product passes to the Customer on full payment by the Customer of all
charges.
6.
Warranty
6.1 Manufacturers warranty -
FURNISH.COM.AU does not warrant any product sold by it, in any way
whatsoever. The customer acknowledges that the customer relies solely upon
the warranty extended to FURNISH.COM.AU, by the supplier of such goods - the minimum
period being 12 months from date of purchase.
6.2 Conditions/Exclusions/Limitations.
6.2.1 The
warranties herein contained extend to the original purchaser (whose
details are recorded by FURNISH.COM.AU
only. They do not cover any person to whom an item is
transferred. Exercise of any of the above Warranties is subject to
delivery of the item to FURNISH.COM.AU and to
proof of purchase and the date of purchase (as to which FURNISH.COM.AU’ records
shall be conclusive in the case of disagreement).
6.2.2 This
Warranty does not cover the cosmetic appearance of any surface of any item
or of its components which may be changed after an item leaves
FURNISH.COM.AU’
premises. It does not extend to rust on galvanized
surfaces.
6.2.3 This Warranty shall not extend to any item
which is found to have been used for any purpose other than that for
which it was manufactured, which is altered or modified in any way,
or which has suffered prior damage, unreasonable use or failure to provide
reasonable and necessary
maintenance.
6.2.4 There shall be no implied or actual Warranty
with respect to the manufacture of, or merchantability, or fitness for a
particular purpose of any item sold by FURNISH.COM.AU and FURNISH.COM.AU shall not be
liable for any transportation charges, or for any direct, special,
incidental, consequential (including loss of profit) or other loss
or damage, whether based in contract, or tort, or arising from breach of
any Warranty or otherwise PROVIDED THAT FURNISH.COM.AU acknowledges that this Warranty does
not exclude or limit the application of any provision
of any Statute (including the Trade
Practices Act) where to do so would contravene that Statute or cause any
part of this Agreement to be void (“Non-excludable
Condition).
6.2.5 FURNISH.COM.AU’ total liability hereunder for a breach of any
Non-excludable Condition (other than one implied by Section 69 of the
Trade Practices Act) is limited at its option to any one of supplying,
repairing or replacing an item of furniture.
6.2.6 All mattresses
and based are covered with the standard factory warranty with an
additional extended warranty of between 5-15 years. This warranty is a
back to base warranty and freight charge for defective product is liable
from the purchaser.
6.2.7 Customer
collections: Please note that all warranties extended to FURNISH.COM.AU
customers imply a ''back to base'' warranty. This means that if there is a
fault (including incorrrect or damaged parts) with any product/s then we
advise that the customer returns that product for a repair or part
replacement to our warehouse.
7. Indemnity
7.1 The Customer indemnifies
FURNISH.COM.AU, it’s employees, agents and
subcontractors against all losses, damages, expenses and costs (on a full
indemnity basis and whether incurred by or awarded against any of them)
that any of them may sustain as a result, whether directly or indirectly
of any claim.
7.2 For the purpose of these
Terms of Supply, “Claim” means any claim by any third person for loss or
damage to any property, injury to or death of any person or economic loss
arising out of or relating to any or all of the Products, any delay or
failure in supplying the Products and these Terms of
Supply.
8.
General These Terms of
Supply contain the entire agreement between FURNISH.COM.AU and the Customer in relation to it’s subject matter and
supercede all prior negotiations, agreements, understandings and
commitments between Steel Designs and the Customer in relation to that
subject matter.
-
It is agreed that email
addresses of all visitors to the FURNISH.COM.AU website
shall be kept private and that FURNISH.COM.AU
may on a monthly basis send out a promotional news letter. This news
letters will have an unsubscribe option for visitors wishing to not
receive these promotional offers.
-
It is agreed that all
questions asked via email, that email address will be automatically
entered into our data base for monthly promotional mail outs. This news
letters will have an unsubscribe option for visitors wishing to not
receive these promotional offers.
|