Terms Of Use

The Terms of Use and other rules, guidelines, licences and disclaimers  constitute the entire agreement between FurnitureBargains.com.au("Seller") and you("Buyer") with respect to your use.

Acceptance of Terms

By accessing or using Our Service in any way, including, without limitation, use of any of the Services, downloading of any Material, you agree to and are bound by the Terms of Use.

 Our Service presents information, news, media and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as "Material". The law applicable to the use of the Material and to disputes arising out of the Material is the state of New South Wales, Australia.

 We may change this Agreement at any time and you can read a current copy of this Agreement at any time by selecting the "Terms of Use" link at the top of each page. If any change is not acceptable, you must discontinue your use immediately; using Our Service after the date that this Agreement changes means you accept the changes.

1. In these Terms of Use, the Seller shall mean  FurnitureBargains.com.au  and the Buyer shall mean the Purchaser of the products pursuant to any Sales Order which shall be subject to these Terms and Conditions of Use.

2. These Terms of Use apply to the Sales Order to the exclusion of all other Terms of Use, implied by law (except to the extent that they cannot be excluded), or implied by trade or custom, or by course of dealing (unless otherwise agreed by the Seller in writing). Except specifically mentioned in these Terms and Conditions, no Representative or Agent of the Seller has the authority to agree to any Terms or make any representations inconsistent with these Terms of Use or to enter into any contract except on a basis of these Terms of Use alone.

3. The Seller shall sell and the Buyer shall purchase the products in accordance with a Sales Order of the Seller, initiated by:

4. any written or emailed order invoice or online quotation invoice of the Seller which is accepted by the Buyer; or 

5. any verbal order (including telephone order) by the Buyer which is accepted by the Seller and is subsequently confirmed in writing such as via email. 

6. Whether the Buyer’s Order is initiated by a written/electronic quotation of the Seller or a verbal order by the Buyer, it will be converted to a Sales Order by the Seller. The Sales Order of the Seller setting out the details of the Buyer s Order will prevail over any preceding communication between the Seller and the Buyer, whether verbal or in writing.

7.  The Sales Order shall be issued by the Seller in the Seller’s standard format in which each product ordered by the Buyer shall be itemised ( the Sales Order ). The Sales Order and these Terms and Conditions shall form the Sales Contract between the Seller and the Buyer ( the Sales Contract ). The Sales Order of the Seller shall be the source document (replacing all other verbal or written communication between the Seller and the Buyer) for verification purposes of products purchased by the Buyer from the Seller.

8.   If the Buyer makes an order from the Seller’s catalogue or website, the Buyer is responsible to verify the colour, finish, design and dimension of the product by inspection of the sample of the product in the Seller s showroom. If the Buyer elects not to carry out such verification and inspection at the Seller’s showroom or online order, the Buyer shall make such order at its own risk.

9. The Seller shall make reasonable endeavour to avoid any typographical, clerical or other errors or omissions in any sales literature, quotation, price list, acceptance of offer, Sales Order or invoice issued by the Seller or information provided by the Seller. The Seller shall be entitled to make any correction to such typographical, clerical or other errors or omissions and shall not be liable for any losses or damages and the Buyer shall not be entitled to make any claim whatsoever in respect of such typographical, clerical or other errors or omissions.

10. The delivery date of the products provided by the Seller is an estimate only. Such delivery date is conditional upon the availability of the products in stock & also availability using third party couriers for delivery in order to be able to confirm if delivery to particular buyer’s address is deliverable or not (at the third party’s courier company’s discretion) & to book a delivery time frame. If the Seller is unable to deliver the products on or before the delivery date estimated in the Sales Order due to material shortage, shipping and transportation delay, third party couriers delay or unavailability, strike, Act of God or any circumstances beyond the Seller s control, then the Seller shall be entitled to delay or in unlikely case cancel the Sales Order and refund any deposit or money paid by the Buyer. The Seller is not liable for any loss whatsoever and the Buyer shall not be entitled to make any claim whatsoever in relation to such delay beyond the delivery date in the Sales Order or the cancellation of the Sales Order.

11. If the Buyer requests the Seller to assemble the product it is at absolute discretion of the Seller to review if delivery is possible for assembled items and to also charge for assembly fees in the work carried out. The Seller, with due diligence, assemble the product as is. Where the buyer requests the product to be assembled prior to delivery, the Buyer shall indemnify and keep the Seller indemnified from any damages or loss or any claim whatsoever arising from the assembly of such work and furthermore, acknowledge there will be a no returns policy or cancellation of order and payment is liable by the buyer, once the item/s is fully assembled and taken out of its original packaging.

PAYMENT AND DELIVERY

1. Where the Buyer’s Order is a Pickup & Require Assembly Order (that is, an Order from the Seller’s Catalog that specified as a pickup from warehouse and requires assembly of the item/s prior to pickup or sample from the Seller’s Showroom or warehouse)( Pickup & Require Assembly), the Buyer must pay a deposit equivalent to 30% of the Sales price set out in the Sales Order for assembly work to be initiated. No Sales Order shall be processed until the deposit under this clause is paid by the Buyer.

2. Where the Buyer’s Order is a Pickup Order Only (that is, an Order from the Seller’s Catalog that specified as a pickup from warehouse or sample from the Seller’s Showroom or warehouse)( Pickup Order Only), the Buyer must pay in full of total amount owed in cash on pickup of the items.

3. Where the Buyer’s Order is a Delivery Order (that is, an Order from the Seller’s catalog that requires delivery of the item/s that is, using external third party couriers to deliver items) (Delivery Order), the Buyer must pay in full of total amount owed including delivery costs, by direct deposit prior to delivery of the items. All deliveries are kerbside, that is, to your front door or ground level only. For heavy or bulky items, it is recommended that you have someone at home/office to assist with bringing your own goods into your premises. If for whatever reason Kerbside delivery was specified and the Buyer elects to persist on into premises and any unforeseeable accidents occur with delivery, the external couriers and seller is void from any responsibility with the issue with being dead on delivery or any into premises/property accidents as the buyer has voided the contract immediately for kerbside delivery only service & warranty and acknowledges such a risk.

4. The Buyer shall pay the balance due under the Sales Order when the product is ready for collection by the Buyer or delivery by the Seller. The time of payment of the balance of the amount due under the Sales Order will be of the essence. If the Buyer fails to pay the balance, the Seller may suspend delivery of the product or the processing of any further product ordered by the Buyer until the outstanding balance is paid in full.

5. Where the Seller and the Buyer agrees on a date of delivery ( the agreed date ), the Buyer or its representative agrees to be present at the Buyer’s nominated place of delivery ( the Buyer’s Premises ). Whilst the Seller will make reasonable endeavour to nominate a period of time to deliver the product on the agreed date, the Seller cannot guarantee that the delivery can be made in the nominated period. If the Seller is unable to deliver the product on the agreed date because no one is in attendance at the Buyer s premises. The Seller shall be entitled to charge a minimum re-delivery fee of $60.00 or such other amount of fee charged by the Seller from time to time and the Buyer agrees to pay such re-delivery fee.

6. The Buyer must inspect the product upon delivery by the Seller and agrees to sign on the Delivery Docket to acknowledge that the product is Received in good order and condition. If there is any noticeable damage upon arrival of delivery by the couriers(DEAD ON DELIVERY), do not accept delivery and notify us immediately to report damages incurred by delivery couriers. If there is any damage to the product which is not detectable at the time of delivery and the signing of the Delivery Docket, the Buyer must forward a written report & digital photos proof of the damage to the Seller within 48 hours of receipt of the product otherwise, once this time frame lapses, damages/warranty cannot be claimed from the couriers. If the Seller does not receive any damage report from the Buyer within such a period, no claim for damage will be processed by the Seller and the Buyer shall waive all claims for damage.

7. Where the Seller has notified the Buyer that the product is ready for collection or delivery. If the Buyer does not make any arrangement for collection or delivery of the product and the product is not collected or delivered within 21 days from the date of notification by the Seller, the Buyer agrees to pay a daily storage charge equivalent to 0.3% of the sale price of the product from the date (being 21 days after the date of notification) to the actual date of collection or delivery, both days inclusive for a maximum of 90 days from the date of first notification by the Seller. If no arrangement is made by the Buyer to collect or deliver the products within the 90 days period of notification, the Sales Order will be cancelled and all monies paid will be forfeited.

THE PRODUCT

1.  The Buyer acknowledges that there may be a slight variation in respect of the material, colour, finish, craftsmanship, and dimension between each piece and between the products received by the Buyer and the products displayed in the Seller’s online catalog. The Buyer shall not be entitled to make any claim whatsoever in respect of such slight variation.

2. All catalogues, photographs, brochures and any presentations provided by the Seller are for illustrative purpose only. It is the Buyer’s responsibility to ensure that the size, colour and design or the products are suitable for the Buyer’s premises. The Buyer shall not be entitled to cancel the Sales Order or return the product for change of situation, change of mind or on the basis of the product not of the right size or the colour or design of the product does not match or is not suitable for the Buyer’s premises. The Buyer is not entitled to exchange for other products. Where the Seller agrees to accept the cancellation of the product (at the Seller’s absolute discretion and although the Seller has no obligation to do so), the Seller shall be entitled to charge for the cancellation and administration fee equivalent to 30% of the sale price for all Sales Order and any Delivery orders, the delivery fee incurred is non refundable. If the Seller agrees to accept cancellation of delivered orders, the delivery fee incurred is non refundable & (1) The original product must be kept in the original form without any damage, such as in the original package; If it is repacked back in an opened state without its original packaging this is deemed as not acceptable for a return. (2) All the transportation costs back to the warehouse will be paid by the Buyer. (3) You re-purchase another product from us as at the value not less than the changed product, and paid for the difference of the prices plus 30% of the original product purchase price as restocking/cancellation fee.

3. The risk of damage or loss of the products shall be passed to the Buyer upon collection or delivery. The title of the product remains with the Seller until the sale price of the product and all other outstanding balance in the Sales Order is paid in full (either by cash or until the clearance of any bank deposit is received from the Buyer). The Seller reserves the right to repossess and recover the product from the Buyer prior to the payment in full of any amount outstanding in the Sales Order.

4. In addition to any other remedies that the Seller may have, the Seller shall be entitled to charge interest at the rate of 10% per annum calculated daily for any outstanding balance for the Sales Order from the date of collection or delivery of the product to the date of final payment in full. The Buyer agrees that the interest charged by the Seller under this Clause is a genuine estimate of the loss suffered by the Seller.

5. The Buyer is liable to pay any loss or additional costs incurred by the Seller through the Buyer’s instructions or lack of instructions or through the Buyers failure or delay in taking delivery or through any acts or default on the part of the Buyer, its agents or representatives.

6.  All prices given on this site are in Australian dollars unless otherwise indicated.

7.   Availability of items listed on this site is 90% available immediately, however, the Seller does have items with limited stock quantities and hence, cannot guaranteed although all efforts will be made to ensure supply of the Buyers order.

PRIVACY POLICY

1. The Seller agrees not to disclose any private and confidential information collected from the Buyer to any entity outside the Seller's organization.

2. The following Privacy Policy has been published to provide a clear and concise outline of how and when personal information is collected, stored, used and disclosed by Furniture Bargains. 

3. Furniture Bargains is bound by the Privacy Act (1988) and the National Privacy Principles. Personal information collected and maintained Furniture Bargains generally comprises of:

•  Customer name, address, contact details (including address, phone, fax and e-mail) and or other identification documents as appropriate;
•  Customer credit card/payment details;
•  This personal information is collected for the purposes of conducting purchase transaction, performing the necessary identity checks and receiving payment.

• Potential employee resumes and contact details which are used as a part of the recruitment process for new employees.

We do not collect information about anyone's racial or ethnic background, political opinions, memberships of political associations, professional or trade associations or trade unions religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, criminal record or health.

Use and Disclosure of personal information

Personal information is used by Furniture Bargains for its legitimate purposes, as disclosed at the time of collection. It is also used for ancillary purposes such as locating and identifying you and for delivery of your order or advising of any aspect pertaining to your order or request.

Furniture Bargains undertakes not to sell, rent or trade personal information. We will not disclose personal information to third parties for them to market goods and services to you. We will not otherwise use or disclose your personal information unless the use or disclosure is authorised under the National Privacy Principles. Some examples of where use or disclosure is authorised under the National Privacy Principles are:

•  where the use or disclosure is required or authorised by or under law;
•  use or disclosure is necessary to prevent a threat to life, health or safety;
•  use or disclosure is necessary to investigate suspected unlawful activity, to prevent or detect a criminal offence or seriously improper conduct;
• use or disclosure is reasonably necessary for the conduct of or preparation for court proceedings; or
•  you have consented, either expressly or impliedly, to our disclosing the information about you.

As with most business organisations, Furniture Bargains relies on third party suppliers (agents) to conduct specialised activities such as mail-outs and the dispatch of Internet messages. These agents act on behalf of Furniture Bargains and do not facilitate their own commercial agendas whilst processing your personal information. While personal information may be provided to these agents to enable them to perform their agreed tasks, such information remains the property of Furniture Bargains at all times and the agent organisations involved may not use or disclose it for their own purposes.

Personal information quality

Personal information security

Access to personal information

Promotional and marketing material

We acknowledge and respect an individual's choice to opt- out of Furniture Bargains direct marketing communications activities. Should you decide you do not wish to receive marketing or promotional materials from Furniture Bargains please contact us in writing (via email, fax or letter), being sure to include your name, address and contact details(s), or as directed in any particular promotional material you may receive.

Changes to this statement

• e-mail at \n This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it ,
• telephone on 02 8213 6692 between 9am and 5pm Monday to Friday, or
•  writing to the address below.

The Manager
Furniture Bargains
PO BOX 39,
St Clair 2759

INTERPRETATION

1. Interpretation in this Agreement unless the context otherwise requires or permits:

   • References to a party will include as the context requires respective executors, administrators, successors and permitted assigns;

   • References to a person includes any other entity recognised by law and vice versa;

   • Headings, underlinings and marginal notes are only included for ease of reference;

   • References to legislation or legislative provisions will include modifying, consolidating or replacing legislation or legislative provisions;

   • Words denoting the singular number include the plural and vice versa;

   • Words denoting one gender include every gender;

   • Words denoting natural persons include any Corporation or other owners corporation or Government Body and vice versa;

   • Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase will have a corresponding meaning;

   • Every covenant or provision applying to or binding more than one person will bind them jointly and each of them severally;

   • Delivery of the Sales Agreement will be taken to have been given on the date it bears;

   • If any part of the Sales Agreement is void or unenforceable or would be so unless severed, then the rest of the document will continue to have full force and effect;

   • The use of headings are only for convenience and do not affect interpretation; and

   • If the day on which any act, matter or thing is to be done under or pursuant to the Sales Agreement is not a business day, that act, matter or thing may be done on the next business day. A business day is a day on which banks are open for general banking business.

ENTIRE AGREEMENT

1. The Sales Agreement is the entire Agreement of the parties on the subject matter. The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of the Sales Agreement. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by the Sales Agreement.

Warranty

Furniture Bargains ( the company ) guarantees to repair or replace any part or the product ( the goods ) with a manufacturing or structural defect for a period of three months from the date of purchase( the guarantee period ), this is provided that the defect is not a result of normal wear and tear, or a natural characteristic of the material used. The furniture must be cared for. This warranty is also subject to the terms and conditions set out below:

1. This warranty is in addition to the rights granted by relevant State and Federal laws and in particular the Trade Practices Act 1974 and corresponding State Fair Trading legislation. The company's liability is limited to the goods replacement only.

2. The warranty is extended to the original purchaser at the original delivery address.

3. The warranty shall become void if the goods are used as commercial or outdoor purpose or exposed directly to the sunlight, extreme heat or bright light such as sun lamps.

4. The purchaser must at his/her expense return to an office of the company the defective goods with the Warranty and proof of purchase. The company reserves the right to determine whether the goods shall be repaired or replaced.

5. No claim can be made by the purchaser under this warranty if:

   • Any damage caused by accident, abuse, neglect, negligence.

   • Any damage caused by improper handling such as dragging without lift-up or cleaning with corrosive solvent, severe unexpected damage eg jumping on bed frames, over weight limit stress on products or improper usage or handling or unexpected force/exposure placed on goods.

   • Any damage directly or indirectly caused by unprofessional assembling, unauthorised repair, alteration, modification or act of God.

6. The Company reserves the right to charge for any service not covered by this warranty.

7. No Warranty applies for items classified as "Special Clearance Items" that are either as "new" one off items, limited stock items, last ones left stock, special clearance below RRP prices, ex demo, photography stock, discontinued items, seconds display items, specially discounted items, items that are not 100% perfect condition or auction type items that discounted tremendously for quick clearance. As these are "special clearance items" for quick reduced sale prices/special clearance items or one off items that cannot be replaced or liable for by the Seller, and that due to the limited availability and condition that item is already “sold as is” as advertised and the condition and terms upon purchase agreement by Buyer is that there will be no returns policy for these items available and are sold as is in its current state. Please note, No refunds or claims or Warranty can be made for these clearance items

Refunds

All refunds are subject to discretion by the Seller (at the Seller’s absolute discretion and although the Seller has no obligation to do so), and are paid by depositing back to the buyer’s bank account. If there is unavailability of items or Sales Orders cannot be processed by the Seller, there will be an automatic refund of payment to the Buyer. There will be no refunds on Delivery orders or pick up orders that has been accepted by the customer. In the event that item delivered has a defect, we will inspect the furniture in your home(if possible), and repair or replace at the Seller’s discretion. For refunds to be approved, it must be accompanied by original sales Tax Invoice and all items returned and cross checked by the Seller. All refund payments will be refunded from our main office and require up to 2 weeks for processing.

Use of the website

1.  FurnitureBargains.com.au has taken reasonable efforts and exercising great caution, to provide accurate and up to date information, pricing and product information to display the colours as accurately as possible. However, the colours you see will depend on your monitor; we can not guarantee that your monitor s display of any colour will be accurate. We may also make changes or updates to the product, pricing & description at our discretion. We endeavour to make all updates to the product, pricing and description and should there be incorrect information displayed, we will notify buyer and update & publish any errors or omissions, again at our "Seller" discretion.

2. All materials, including images, text, illustrations, designs, icons, photographs, programs, or downloads, and other materials that are part of this site are copyrighted, and they are solely intended for your personal use only.

3.  No right, title or interest in any downloaded material is transferred to you as a result of any such downloading and copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivatives works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents without written permission from Furniture Bargains.

4.  FurnitureBargains.com.au and its affiliates of the product design and innovations may be registered or patented. Copying and Reproduction of any designs will be prosecuted according to the international Intellectual Property laws and agreements.

Termination

Furniture Bargains reserves the right to immediately terminate your use of, or access to, this site at any time, if Furniture Bargains decides at its sole discretion that you have breached this agreement or any relevant rule or regulation or you have engaged in conduct that Furniture Bargains considers to be inappropriate or unacceptable.

Copyright Information

Copyright of all documents/images in this website are vested with the Directors of Furniture Bargains. Documents must not be reproduced unless permission is sought in writing from Furniture Bargains. Documents (or excerpts) that are reproduced without permission may result in legal action being instigated in relation to copyright infringements.

Site Security

Once the link is established, all communication between Furniture Bargains site and your browser remains confidential.

Copyright

Furniture Bargains is the sole owner of the Copyright for the entire Furniture Bargains website including all materials and concepts within. All rights reserved. The Copyright owner does not permit, under any circumstances, the use of any material or concepts contained within www.furniturebargains.com.au The Copyright owner may allow links to www.furniture bargains.com.au by application to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Disclaimer

While Furniture Bargains ensures the optimal performance of the site, you agree that you use this site at your own risk. You acknowledge Furniture Bargains is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failure or damage to your computer system or network.

FURNITURE BARGAINS WWW.FURNITUREBARGAINS.COM.AU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BEYOND FURNITURE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE AND ITS FITNESS FOR A PARTICULAR PURPOSE. THE USE OF FURNITUREBARGAINS.COM.AU IS AT YOUR SOLE RISK. (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OR  FURNITURE BARGAINS). UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL  FURNITURE BARGAINS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FURNITUREBARGAINS.COM.AU WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEYOND FURNITURE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.