TERMS AND CONDITIONS OF SALE
THANK YOU FOR YOUR PURCHASE FROM DESIGN INITIAL QLD.
Words in the following terms and conditions shall have the same meaning as the aforesaid Condition of sale. To the fullest extent legally permissible all dealings between Design Initial QLD ABN 93160768669 (“We / Us”) and our customer (“You / Your”) relating to any Goods and/or services are subject to the following terms and conditions unless otherwise agreed in writing. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible, and the remainder of these terms and conditions continues to be enforceable and valid.
Upon default or breach of these Terms by You, We may inter alia retain all monies paid, cease further deliveries, recover from You any loss of profits arising and/or at our election take immediate possession of the Goods not paid for without prejudice to any other rights We may have and without Us being liable in any way to any person.
1.1 Payment Method
Payments must be made by You by cash, bank transfer or EFTPOS and without deduction unless otherwise agreed. Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges. If We receive or recover money in respect of Your debts, We may use it to pay off whichever part of those debts that We choose.
1.2 Payment Terms
You must pay the total purchase price for the Goods plus the delivery costs to Us three (3) days prior to the delivery of the Goods. Goods shall not pass to You until We receive payment in full of all monies owed to Us by You. We reserve the right to take possession and dispose of the Goods as We see fit at any time until full payment is made by You.
You must pay a minimum deposit equal to thirty percent (30%) of the total price of the Goods (including GST) plus the delivery costs (“Deposit”) as set out in this agreement prior to Us placing the order for the Goods.
2. Limitation of Liability: You agree:
(a) to limit any claim You make to the cost of replacement of the Goods or of acquiring equivalent products;
(b) that We shall not be liable for any loss or expense arising after delivery of the Goods (or at all once Goods have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
(c) that to the fullest extent legally permissible We shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and You acknowledge this limit of liability and agree to limit any claim accordingly; and
(d) that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon Us other than these Terms is made or given by or on behalf of Us other than by these Terms save and except to the extent otherwise required by law.
3. Exclusions: You agree that:
(a) You shall rely on Your own knowledge and expertise in selecting the Goods for any purpose and any advice or assistance given by or on behalf of Us shall be accepted at the Your risk and shall not be deemed to have been given as expert or adviser nor to have been relied upon;
(b) Goods are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and We shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and
(c) We shall not be liable nor responsible for any failure to comply with any requirements of You or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Goods and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at Design Initial prior to the entry by Us into any relevant sale contract.
(d) We shall not be or be deemed to be in default or breach of any contract as a result of Force Majeur. Force Majeur shall include any cause beyond Our reasonable control including strikes and lockouts.
No terms and conditions sought to be imposed by You upon Us shall apply.
Any part of these Terms being a whole or part of a clause shall be capable of severance without affecting any other part of these Terms.
4. Recovery Costs: You must pay all costs and expenses (including legal costs on an indemnity basis) incurred by Us and/or our agents in respect of You whether relating to any debt, possession, delivery of Goods and/or otherwise.
5. Goods and Services Tax [GST]: All monies payable to Us and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time) shall unless We otherwise direct be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by You to Us as and when and in such manner as We reasonably require.
6. Warranty Policy: Save and except as required by law no warranty is given where We are not the manufacturer of Goods other than the warranty offered by the manufacturer and to the fullest extent legally permissible our liability shall in all cases be strictly limited in accordance with clauses 2 and 3 of these terms. This clause or anything in this agreement is not intended to exclude or limit any rights which You may have under the Competition and Consumer Act 2010 (Cth).
7. Refund, Return & Repairs Policy: We recommend that You:
(a) read the terms of this agreement prior to making a purchase from Us to ensure that You are familiar with our policy with respect to refunds, returns and repairs and Your rights under the Australian Consumer Law;
(b) immediately inspect any goods that are delivered to You or that are collected from Our store to ensure that You are completely satisfied with the Goods, including that the Goods are of acceptable quality, and that the Goods match the description which was provided to You by Us;
(c) carefully preview any orders before proceeding with the order.
7.1 Cancellation of order
Refunds are not normally provided where You simply change Your mind, makes a wrong selection or find the Goods cheaper somewhere else. No refunds will be given for floor stock and sale items, and we suggest that you inspect the Goods on the day of purchase and accept the quality and condition of floor stock. You agree to pay a minimum cancellation fee of 30% of Your order if You cancel your order. If you cancel Your order after the manufacture of the Goods has commenced, You must pay a cancellation fee up to the entire purchase price at Our discretion. If cancellation is agreed between both parties after the delivery of the Goods, You are required to pay a repackaging fee of $160.00 and you must also pay all freight costs in this regard. No delay or failure to fulfil any part of custom-made orders shall entitle any cancellation or variation of any order or delay or reduce any payment.
7.2 Goods Damaged in Transit
When receiving the Goods, please inspect thoroughly before signing to ensure that the Goods are received in good order, as any claims for scratches, marks, dents or other damage will not be accepted. If the Goods arrive damaged, You should contact Us as soon as possible. We will arrange to have the damaged goods returned to Our store on the day of delivery if possible. If we are unable to collect the defective goods on the day of delivery, you must cease using the Goods until we arrange for a replacement of the goods or to refund the price to you if a replacement is not available. You must return any damaged goods to Us in the condition received by You with all of the original packaging, accessories and/or manuals.
7.3 Returns and Repairs of damaged Goods
(a) You may return damaged Goods that have been delivered to You by contacting Us or attending Our store where the Goods were collected from or where the Goods were despatched from, and We will assist You with any return or repair, which may include inspecting the Goods, arranging for the Goods to be sent for repairs, or providing a replacement to You.
(b) Damaged Goods must be returned within seven (7) days from collection
(c) If any goods cannot be easily returned to Us due to their size, the fault or because they have been affixed or installed in Our premises, You should contact Us so that We may arrange for an inspection in order to assess the goods.
(d) Damaged Goods which are returned for repair will be assessed and/or repaired within a reasonable time. We may be provided with an indicative timeframe for the repairs, however this time may vary due to reasons beyond Our control, for example availability of repair materials and incorrect description of the fault.
(e) You are responsible for returning the damaged Goods to us at your expense in the circumstances which you have picked up the Goods or you are responsible to pay for all fees with respect to labour, assessment and freight, such as where the Goods are assessed to have been damaged by misuse or accident, or where Your rights under the Australian Consumer Law or any manufacturer’s warranty are not applicable. We may provide an estimate of the fees to You, however this may vary due to reasons beyond Our control.
(f) In some circumstances, Goods presented to us for repair may be replaced by refurbished goods of the same type, rather than being repaired. Refurbished parts may be used to repair the Goods.
8. Delivery: You acknowledge and agree that:
(a) the Goods may not be available for immediate delivery;
(b) We will endeavour to deliver the Goods to You fourteen (14) weeks of the date that the order was placed and the Deposit was paid to Us if such items are advised in stock at the time of purchase;
(c) some items of furniture are made to Your specification and are not generally held in stock and will need to be ordered;
(d) any order for items of furniture may take up to fourteen (14) weeks to be delivered to You from the date that You placed the order and paid the Deposit, which is the average manufacturing lead time required by suppliers, however please note this delivery timeframe may vary due to high demand, occasionally resulting in delayed shipment;
(e) delivery times may be greater than fourteen (14) weeks for regional or remote areas;
(f) all booking dates are to be used as a guide only, and are not guaranteed;
(g) You will be advised of an approximate date of arrival at the time your order is placed, and should a delay occur, You will be contacted;
(h) you are required to pay of all delivery charges, including any additional charges incurred due to difficulties with access, and you are required to ensure that correct delivery address details are provided to Us and to notify Us in advance if there will be difficulties accessing the delivery address (for example, staircases, narrow passages, ceiling height, lift sizes and doorways, etc.) as our delivery costs reflect the information that You give Us;
(i) You are responsible for ensuring there is adequate access and entry to the specified delivery address to allow the delivery of the Goods. If delivery cannot be made, a card will be left and You will be responsible for organizing collection of the Goods from the address identified on the card. The Goods will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address provided, and if an appropriate person is not available to accept delivery on the pre-arranged delivery date, then You will be charged for transport and re-delivery costs;
(j) You must ensure that sufficient, clear and safe access is available to deliver the Goods You have purchased, as well as adequate coverings for protection on flooring, as assembly will be done on site, and we will not accept any liability for damage in this regard in the event that you have failed to adequately cover the assembly area or the delivery path. It is occupational health and safety policy for delivery staff to wear protective shoes;
(k) We will use reasonable endeavors to meet the estimated delivery date, however if We are unable to meet the estimated delivery date for any reason, then Our liability will be limited, at Our option, to resupplying the Goods at a different time or, at a maximum, to give store credit of the purchase price to You. Under no circumstance will We deliver over balcony railings or through windows; and
(l) If the Goods need to be disassembled due to the incorrect information given by you, additional charges will apply for which You will be liable, and items that need to be disassembled and reassembled will incur a minimum cost of $100.00 (including GST). A cancellation fee will apply if the Goods cannot be delivered and need to be returned to Our warehouse.
9. Customer Pick Ups: Where the Goods are to be collected from Our showrooms or warehouse, the following shall apply:
(a) We will contact You by either telephone or email to notify You with the order will be ready for collection.
(b) The order for collection must be collected from Us within twenty-one (21) days from Our giving notice to You that the order is ready for collection, and if the order is not collected within this time, then We have the right to allocate the Goods to another customer and re-order the Goods for You.
(c) Upon collection of goods, an original invoice must be presented.
(d) Occupational health and safety laws and requirements prohibit Our staff from lifting furniture outside our warehouse and showroom, and You are responsible for ensuring that You have sufficient help to carry the Goods from Our warehouse or showroom to your vehicle.
(e) Once You have taken ownership of the Goods and collected the Goods from Us, we will not accept any claims with respect to scratches, indentations, marks, missing colour or any other damage to the Goods;
(f) When receiving the Goods, You must ensure that You inspect the Goods thoroughly before signing to declare that the Goods are received in good order, as any claims for defects will not be accepted if you sign to declare that the Goods are received in good order.
(g) Please contact us if You are not familiar with the installation procedures. We will not accept claims for damages caused by you with respect to installing the Goods.
(h) Collection of the Goods from Our warehouse must be made by appointment only and between the hours of 9:00am and 10:00am Monday to Friday for general public and carriers.
(i) Insurance is not available as part of Your order and We strongly suggest that You enquire about insurance policies to cover the Goods during transit (including insurance policies through the chosen delivery contractor) as We do not accept responsibility with respect to any transport damages by You once the Goods are dispatched from Our warehouse or showrooms.
10. Delivery by Carrier: This clause applies where You select to have the Goods delivered by third party delivery contractor. We do not accept responsibility with respect to any delivery failures, delays or transport damages by Our third party delivery contractor once the Goods are dispatched from Our warehouse or showrooms.
11. Storage: You may be liable for payment of storage fees for the Goods if they are unable to be delivered on the estimated delivery date.
12. Variations and Specifications: The Goods may exhibit different characteristics to the sample of the goods in Our showroom. For example, soft furniture may vary in appearance and charactistics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only, as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of different density and shade. Each piece of natural products (for example stone and natural timber) is unique in markings and patterns and colour variation.
13. Pricing: We make no warranty or guarantee as to whether the price shown for the Goods is the cheapest price or cheapest recommended retail price in the market, however we reserve the right to increase the price due to increases in materials, freight, and manufacture with respect to the Goods.
14. Risk and title: All risk and title in Our products passes on receipt of full payment of the products by You.
15. Consumer Guarantees & Your Rights under the Australian Consumer Law
Consumer guarantees cannot be excluded and are in addition to any extended warranty purchased by You or any voluntary warranty (warranty against defects) given to You. There may be circumstances where You are not entitled to a remedy, including where You have:
(a) received what you ordered but You have simply changed your mind, found it cheaper elsewhere, decided you did not like the item or You had no use for the item; or
(b) misued or mistreated the Goods in any way that caused the problem.
If there is a defect in the Goods that appears within the first twelve (12) months, We agree to do the following:
(a) if the Goods have a minor defect, We will, in our absolute discretion, repair it or offer You a replacement;
(b) if the Goods have a major defect, You are entitled to:
(i) keep the Goods and receive compensation for the drop in value caused by the problem;
(ii) reject the Goods and receive an identical replacement of the Goods, or one of similar value if reasonably available; or
(iii) reject the Goods and receive a refund of the purchase price of the Goods, excluding delivery and assembly costs.
In order to submit a claim for a defective product, You will need to, at your cost, contact Our Head Office on ph: (07) 3854 1688 and send notice by email at firstname.lastname@example.org with details of your name, address, telephone number, details of the Goods purchased and details of the defect claimed. You must cease using the Goods immediately after the defect appears and must notify Us within seven (7) days after the defect appears.
For further information please contact Design Initial Customer Service:
T (07) 3854 1688 | E email@example.com | W designinitial.com.au