Terms and Conditions
1. The words “the Seller” “we”, “us”, “our”, “beyond”, mean Beyond Furniture (Aust.) Pty Ltd (ABN 83 082 710 469) of 306 Pacific Highway, Crows Nest, NSW 2065. The words “the Buyer” “you” and “your” refer to registered users, customers, resellers, associates, the general public, and visitors to our Website. Any online order from this website is subject to these Terms and Conditions. We may amend this Agreement at any time at our discretion by posting the amended terms on our website. Any amendments to this document will be posted in the online News facility and Welcome page. Except as stated below, all amended terms shall automatically be effective immediately after they are posted on our Site. This Agreement may not be otherwise amended other than by a signed written request from you, and a signed acceptance from us.
2. These Terms and Conditions apply to the online order to the exclusion of all other Terms and Conditions, 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 and Conditions or to enter into any contract except on a basis of these Terms and Conditions alone.
3. Unless otherwise specified, all prices on our website are quoted in Australian Dollars and Listed Prices are GST inclusive. You accept that freight charges and assembly charges are calculated separately. Each product ordered by the Buyer is itemised, the web generated order 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. The itemised Order shall be the source document (replacing all other verbal or written communication) for verification purposes of products purchased by the Buyer from the Seller. The Order submitted through the web and these Terms and Conditions shall form the Sales Contract between the Seller and the Buyer.
4. 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.
5. The delivery date of the products provided by the Seller is an estimate only. Such delivery date is conditional upon the transportation company’s available schedule, traffic conditions, 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 Order and refund any payment made 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 or the cancellation of the Order.
6. If the Buyer requests the Seller or its associates to assemble the product at the Buyer’s premises, the Buyer must pay the service fee in advance; meanwhile the Buyer agrees to remove all valuables and home contents and effects prior to the assembling of the product by the Seller. The Buyer shall take full responsibility of the valuables, home contents and effects. If the Buyer fails to remove any valuables, home contents and effects and requires that the assembling to take place, the Seller is not liable for any accidental damage to such valuables, home contents and effects. The Buyer shall not be entitled to make any claim whatsoever in respect of any accidental damage caused by the Seller to the Buyer’s valuables, home contents and effects.
7. Where the Buyer requests the product to be mounted on wall at the Buyer’s premises, the Seller may help to arrange the work to be carried out in accordance with the Australian Building Code, the Buyer shall indemnify and keep the Seller indemnified from any damages or losses or any claims whatsoever arising from the performance of such work.
PAYMENT AND DELIVERY
8. Where the Buyer’s Order is a Regular Order (that is, the product ordered is the Seller’s regular stock item) (“Regular Order”), the Buyer must make the full payment before the Seller can dispatch the goods. Where the Buyer’s Order is a Forward Order (that is, the product is not in stock, the Seller needs to place a back order according to the Buyer’s special request from the manufacturer) (“Forward Order”), the Buyer must pay a deposit equivalent to 30% of the Sale price set out in the Order. Where the Buyer’s Order is a Custom Order (that is, the product is not on the Seller’s existing data base, it is a special colour or design required by the Buyer) (“Custom Order”) the Buyer must pay a deposit equivalent to 50% of the Sales price set out in the Order. No Order shall be processed until the deposit under this clause is paid by the Buyer.
9. Where an Order is a Forward Order or a Custom Order, the Buyer shall pay the balance due under the 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 Order will be of the essence. If the Buyer fails to pay the balance, the Seller may suspend dispatch of the product or the processing of any further product ordered by the Buyer until the outstanding balance is paid in full. Credit card transactions are secure by VISA, Master Card and Bankcard through Dialect that uses Secure Socket Layer technology. If you are paying by a credit card through a secured online gateway system or by telephone we guarantee that no unauthorized transactions will be made by Beyond Furniture.
10. All orders will only be delivered to a residential or businesses address and require a signature upon receipt. It is the Buyer’s responsibility to ensure that the furniture ordered will pass freely through into the room of choice without unreasonable effort. The delivery charge includes no allowance for removal of any existing furniture or fixtures. Standard delivery terms mean easy and safe access, or to a ground floor room. Difficult access will consume more time to carry out the job and will therefore be subject to additional charges.
11. When an item arrives damaged or parts are missing, the Buyer must notify the Seller within 48 hours of receipt, fail to report to the Seller within such period, no claim for damage will be processed by the Seller and the Buyer shall waive all claims for damage. If the package looks significantly damaged, the Buyer may refuse delivery of the package. The damaged package will be returned to the Seller and the Seller will send a new one. The Buyer or its representative agrees to be present at the Buyer’s nominated place of the delivery date (“the Buyer’s Premises”). If the Buyer is unable to receive the goods at the Buyer’s premises on the delivery day, the Seller shall be entitled to charge a re-delivery fee or such an amount charged by the transportation company, the Buyer agrees to pay such a re-delivery fee.
12. Where the Seller has notified the Buyer that the product is ready for collection or dispatch. If the Buyer does not want to take the goods, the Seller can store the goods for the Buyer free of charge for 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 Order will be cancelled and all monies paid will be forfeited.
13. 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. The Buyer shall not be entitled to make any claim whatsoever in respect of such slight variation.
14. Website images, 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. Once the order has shipped, the Buyer can not cancel the Order, otherwise if will fall under standard Returns Policy. The Buyer is not entitled to exchange or credit for Forward Order; custom made products or already assembled 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 an administration fee equivalent to 30% of the sale price in case of a Forward Order and 50% of the sale price in case of a Custom Order.
15. 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 Order is paid in full (either by cash or until the clearance of any cheque 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 Order.
16. 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 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.
17. 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.
18. The Terms and Conditions of The Sales Contract are governed by the applicable statutory rules and regulations enforced by the Federal Government of Australia and the law in force in New South Wales.
19. Submission to Jurisdiction.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Sales Contract.
USE OF THE WEBSITE
20. Beyond Furniture has taken reasonable efforts, to provide accurate and up to date 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 colours will be accurate.
21. 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.
22. 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 Beyond Furniture.
23. Beyond Furniture is a registered trade mark, its designs and innovations are registered or patented. Copying and Reproduction of any designs will be prosecuted according to the international Intellectual Property laws and agreements.
THIS SITE IS PROVIDED BY BEYOND FURNITURE (AUST.) PTY LTD. BEYONDFURNITURE.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 FURNITUR 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 BEYONDFURNITURE.COM.AU IS AT YOUR SOLE RISK. (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OR BEYOND FURNITURE). UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL BEYOND FURNITURE 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 BEYONDFURNITURE.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.