Terms of Sale
1. About these Terms of Sale
These Terms of Sale apply to the products offered for sale and sold on the website at www.desseinfurniture.com (Website). The Website is operated by Dessein Furniture Pty Ltd (ABN 84 903 592 252) (we/us).
Each time you purchase products from the Website a binding agreement is formed between us and you incorporating these Terms of Sale and the further details specified in the purchase order you place with us using the online checkout process on the Website (Order).
If you do not accept these Terms of Sale, do not purchase products from the Website. We may vary these Terms of Sale without notice. These Terms of Sale apply as varied from time to time to all subsequent Orders placed by you.
2. Our products
You must open an account with us before you can purchase products from the Website (see section 7 below).
The products on the Website are offered for sale on a retail basis only. You must not purchase products if you intend to resell or on-supply them to other parties in the course of conducting a business trading in those or similar products.
You must not purchase products from the Website if you are an individual under 18 years old, although your parent or guardian may do so on your behalf.
All product prices on the Website are in Australian dollars, include GST and are subject to change without notice. Prices are displayed exclusive of delivery charges (see section 4 below).
The actual colours of products may vary slightly from as shown on the Website.
3. Orders and payment
You must confirm your acceptance of these Terms of Sale each time you place an order with us. You may not cancel or withdraw an Order after it is placed.
If you provide incorrect or insufficient information in an Order (including incorrect payment details or delivery address), or if you breach these Terms of Sale, we may cancel the Order.
We only accept payments by credit cards from PayPal, Visa, MasterCard, American Express and payments by eWay. You authorise us to charge you on and from the time you place an Order (including any delivery charges) using the payment method specified in the Order.
We only accept part payments on orders in excess of $15,000. Orders below $15,000 must be paid in full at time of order. We accept and initial 50% deposit at time of order with the remaining 50% payable 10 working days prior to delivery. Delivery will not be made until orders are paid in full.
4. Delivery charges and times
Delivery charges for an Order will be specified by us during the online checkout process. By proceeding to place the Order you agree to pay us those delivery charges.
Our delivery charges do not include special access requirements to the delivery address, such as access requiring a crane. You are solely responsible for costs associated with special access requirements to the delivery address.
Delivery times will vary depending on your delivery location. The estimated delivery time for an Order will be specified by us during the online checkout process. While we make every effort to ensure delivery is made in a timely fashion, delays sometimes occur due to circumstances out of our control. We will not be liable for any loss or damage you may incur in the case of delay in delivery caused by circumstances out of our control (including delay due to an incorrect delivery address in an Order).
5. Delivery method
We deliver to street postal addresses in Australia only
We only deliver by our nominated carriers. We may change our nominated carriers from time to time without notice. The carrier for an Order will be specified by us during the online checkout process. By proceeding to place the Order you accept that carrier will be used.
You are responsible for providing the carrier access to the delivery address. If delivery is not possible in the first instance due to circumstances out of our control, we may charge you for the costs of reattempting delivery and/or storage of products pending delivery.
Depending on the carrier used, we may provide tracking details once the products specified in an Order have been dispatched. A signature may be required by the carrier for you to take delivery of your products.
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
6. Returns & refunds policy
We do not accept returns where you change your mind about a product purchased from the Website.
We do not offer refunds for product purchased from the website for delays in shipping or delivery which are beyond our direct control.
Where a product is faulty, you may be entitled to a replacement, repair or refund under the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth). In that case, we will meet our statutory obligations to you.
If we do accept a return of your Order, you agree to arrange return of the Goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the Goods in their original condition, in their original unopened and sealed packaging, accompanied by the original Order receipt or another form of proof of purchase.
You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonable believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the Goods
Where you purchase a product that is faulty but which is not a product of a kind ordinarily acquired for personal, domestic or household use, our liability to you is limited at our option to:
- replacing the product with the same or an equivalent product; or
- reimbursing you for the cost of having the product replaced with the same or an equivalent product; or
- repairing the product; or
- reimbursing you for the cost of having the product repaired.
7. Your account
You can open an account with us using the signup feature on the Website. You must confirm your acceptance of these Terms of Sale during the sign up process. You must provide complete and correct information in relation to your account.
If you are a company or a legal entity other than an individual, an individual (such as an employee) may open an account on your behalf in which case you will be bound by these Terms of Sale.
If you are under 18 years old, you must have your parent or guardian open an account on your behalf and your parent or guardian must confirm acceptance of these Terms of Sale during the signup process.
You must keep your account details secret and secure. You are solely responsible for the user activity that occurs in relation to your account. You must notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your account. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you may be liable for any loss we suffer.
Your account will continue to stay open unless it is cancelled by us in accordance with these Terms of Sale. We may cancel your account with or without notice for any reason including if you breach (or if we have reason to believe you may breach or you intend to breach) any part of these Terms of Sale. Cancellation of your account does not affect any Orders placed by you prior to cancellation, unless cancelation results from you breaching these Terms of Sale in relation to such Orders.
9. Content and information
These Terms of Sale apply to all text, compilations, images, logos, data, drawings, photographs, tables, designs, trade marks, software and audio, video and other file types contained in or on the Website (Content).
You may only use the Content in accordance with these Terms of Sale and as permitted by law. You must not use, copy, reproduce, communicate, publish, adapt, distribute, transmit, broadcast, display, sell, licence or exploit any Content for any purpose other than is strictly necessary for you to use the Website without our prior consent. All intellectual property rights (including copyright and trade mark rights) in the Content is owned by or licensed to us.
All information on the Website is subject to change without notice and is provided on an “as is” basis. You rely on such information at your own risk. We take reasonable steps to ensure the accuracy and currency of information on the Website but, to the extent permitted by law, we do not guarantee that information is correct, accurate or current or that your use of the Website will be uninterrupted, secure or error-free.
10. Links to third party websites
The inclusion in the Website of any hyperlinks or other pointers to any third party websites or applications does not imply our endorsement or approval of such third parties or their websites, products or other activities.
11. Users outside Australia
The Website may be accessed from within Australia and throughout the world, but only Australia residents may purchase products from the Website. We make no representations or warranties that the Website (including any Content) complies with the laws of any country other than Australia. If you access the Website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access the Website. These Terms of Sale are governed by the laws in force in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
12. General legal terms
To the extent permitted by law, we will not be liable to you for any special, indirect or consequential loss, damage or other claim in relation to your use of the Website, including in relation to any failure or technical issues that limit or prohibit your use of the Website.
Despite the security measures we employ on the Website, we will not be liable to you for any direct or indirect damage or loss (including consequential loss) suffered by you as a result of any fraudulent or unauthorised use by another person of your payment method in relation to any Orders.
You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage that we suffer, or claims against us in relation to any breach by you of these Terms of Sale or any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of the Website. Any delay or failure by us to enforce any rights under these Terms of Sale does not constitute waiver.
13. General Information
Product Images are for illustrative purposes only and may vary from products depicted or described.
Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor or in print.
14. Website Content
Dessein may, at any time, add or remove content from this website without notice.
Any articles, information or content published on this website must be read subject to these Terms and Conditions.
Although Dessein uses its best endeavours to confirm the accuracy of any information, photographs and product renders published on this website, you agree that Dessein cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Dessein by its suppliers.
The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
Neither Dessein nor any third party will be liable for any errors in content, or for any actions you take in relying on them. Neither you nor any other person may hold Dessein liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
15. Intellectual Property Rights
You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by Dessein.
The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website as at August 2013 are owned by Dessein Furniture Pty Ltd (ABN 84 903 592 252) (we/us).
You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior written consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.