"furniture in style"means the registered business, furniture in style selling products to the Customer as identified in furniture in style's Quotation or Invoice.
"Customer"means the person or legal entity identified in furniture in style's Quotation or Invoice and Contract.
"Contract"means a Contract for sale by furniture in style to the Customer of the products incorporating the Terms and Conditions.
2. Formation of contract
2.1No Contract shall come into existence until the Customer's order has been accepted by furniture in style and such acceptance has been received by the customer in writing, whether automated or otherwise. The contract is deemed to be completed at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
2.2The products sold are subject to these Terms and Conditions only. The Customer acknowledges awareness of the contents of and agrees to be bound by these Terms and Conditions.
2.3These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
3. Orders, Price and Payment
3.1Unless agreed otherwise by furniture in style, payment for the products or services shall be: 50% paid on acceptance of quotation and non refundable, 50% paid when Customer is notified by furniture in style of completion of order and prior to physical delivery of the furniture is made.
3.2Customer shall pay for all shipping and handling charges.
3.3Customer shall bear Goods and Services Tax on all products.
3.4Customer shall ensure that sufficient funds are available in the selected account as per the Contract. All costs incurred by furniture in style and Customer due to the Customer's failure to ensure sufficient funds are available shall be payable by Customer.
3.5Customer shall bear full 'Paypal' and transaction costs, if the customer wishes to cancel an order within 5 days of making payment using the Paypal facility, equalling 2.5% of total purchase price.
4.1All furniture in style furniture sold to the Customer are subject to these Terms and Conditions.
4.2All rights, title or interest in respect of the intellectual property rights in the products remain with furniture in style at all times.
5. Title and Risk
Title to and risk in the products shall pass to the Customer upon delivery of the products to the Customer.
6.1furniture in style shall have the products delivered to the place of delivery designated by the Customer and agreed to by furniture in style ("Place of Delivery").
6.2It is the responsibility of the Customer to ensure that there is adequate access for delivery of their selected products. If there is not adequate access at the time of delivery, products may be either left at the address in a secure location advised by the Customer, or be taken back to furniture in style.
6.3furniture in style's target delivery is for 14 days from Contract completion. Customers will be advised within 10 business days if there will be any delay which will carry delivery beyond 10 business days. For custom orders, clients will be advised on delivery dates as agreed on an individual basis.
6.4Payment details form part of a completed Contract.
6.5The freight charge price will be advised to the Customer within 5 business days of Contract.
6.6Any Customer may elect to pick up goods from furniture in style, with photographic proof of identity. The Customer will be notified when furniture is ready for collection.
6.7If there is a delay expected beyond 14 days for any items, or furniture in style can not fill an order for any reason, the Customer will be notified within 5 business days of receipt of Contract.
6.8Any dates quoted by furniture in style for the delivery of the products are approximate target dates only and shall not form part of the Contract. furniture in style shall not be liable for any delay in delivery of the products, howsoever caused.
7. Acceptance of products
7.1In cases of customer error or change of mind in choosing a finish on an item, and subsequent failure to notify furniture in style, furniture in style will not refund any payment of the purchase price. furniture in style may, wherever possible and practical to furniture in style, change features other than the finish, to mitigate the Customer's loss. All extra costs incurred by furniture in style and Customer in changing features shall be borne by the Customer. The Customer shall not be entitled to withhold any payment of the purchase price of all or any of the products whilst any claim is being investigated by furniture in style.
7.2Unless the Customer notifies furniture in style to the contrary and such notification is confirmed in writing at the time of delivery, the products shall be deemed to have been accepted by the Customer as being in as-new condition and in accordance with the Contract. The Customer shall not be entitled to withhold any payment of the purchase price of all or any of the products whilst any claim is being investigated by furniture in style.
7.3Once products have been delivered and accepted by the Customer, returns will not be accepted.
8.1Unless specified otherwise and in addition to any rights the Customer may have under statute, furniture in style warrants to the Customer that furniture in style products will be free from defects in materials and workmanship affecting normal use for 10 years.
8.2This warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, usage and/or storage and/or installation not in accordance with product instructions, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than furniture in style staff or any person authorised by furniture in style, to adjust or repair the products and problems caused by use of parts not supplied by furniture in style.
8.3The warranty does not cover any items that are in one or more of the following categories: accessories or parts added to the product after the product is delivered to the Customer by furniture in style; accessories or parts that are not installed by furniture in style.
8.4During the warranty period beginning on the invoice date, furniture in style will repair furniture in style products returned to furniture in style. The Customer must prepay any shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment or transportation. furniture in style will deliver or ship the repaired products to the Customer freight prepaid.
8.5While not affecting any non-excludable warranty or guarantee implied by law, furniture in style does not give any warranty that the products are fit for any particular purpose and this warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
8.6The Customer agrees that to the extent permitted by law, in relation to third party products purchased through furniture in style, where such of the products are covered by a relevant manufacturer's warranty and are declared faulty through a manufacturing defect, that furniture in style, on behalf of the Customer, will first make a claim against the manufacturer and shall utilise that warranty for the support of such products for the manufacturer's warranty term and in any event not look to furniture in style for such warranty support in the first instance.
9.1furniture in style shall not be liable in contract or in tort for any loss or damage suffered and Customers rights are limited to those set out in these Terms and Conditions and under statute.
9.2To the extent permitted by law and subject to clause 9.5, furniture in style's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products under these Terms and Conditions.
9.3The Customer shall indemnify furniture in style and keep furniture in style fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
9.4To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by furniture in style shall be subject to correction without any liability on the part of furniture in style.
9.5Under the Act, where implied conditions and warranties cannot be excluded, furniture in style's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at furniture in style's option, to the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired.
10. Force majeure
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
11. Export restrictions
furniture in style unconditionally restricts the sale, lease or otherwise transfer to any country outside Australia and its territories, any furniture in style product, regardless of where that product was purchased, without furniture in style's written consent.
12. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales .
The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent from furniture in style. Any such unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
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