Terms and Conditions
1 Agreement
1 a) These Terms and Conditions apply to you, the Website (furnituretrader.com.au or thefurnituretrader.com.au) user and your usage of the Website (owned by The Furniture Trader Pty Ltd) and associated software, networks and processes, including the purchase of goods or services through the Website.
1 b) By browsing the Website, or placing an Order, you agree to these Terms and Conditions outlined below.
2 Terms and Conditions Interpretation
2 a) In these Terms and Conditions:
“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in the Website invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Products” means any items listed on the Website (for sale or otherwise).
“Website” means the internet site located at the URL www.furnituretrader.com.au or www.thefurnituretrader.com.au and operated by The Furniture Trader.
2 b) Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3 Site Use
3 a) The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. The Furniture Trader will not be responsible for the content or privacy practices associated with linked web sites.
3 b) You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3 c) You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. The Furniture Trader takes no responsibility for any such damage which may arise in connection with your use of the Website.
4 Pricing
4 a) All prices listed on the Website are in Australian Dollars
4 b) All prices listed on the Website include all applicable taxes unless otherwise specified.
4 c) All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to Orders confirmed before the price change occurred.
4 d) You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4 e) Free shipping offers are given at the sole discretion of The Furniture Trader and may incur additional charges for delivery to remote areas as defined by The Furniture Trader.
4 f) The Furniture Trader reserves the right to refuse a sale.
5 Product Specifications
5 a) Features and specifications of Products described or depicted on the Website are subject to change without notice.
5 b) All weights and dimensions mentioned on Products are approximate. Dimensions are based on individual fully assembled unpackaged Products.
6 Orders
6 a) You may place an Order by filling in the Order Form on the The Furniture Trader Website and clicking the "confirm" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions
6 b) Orders will be deemed to have been received by The Furniture Trader at the time The Furniture Trader sends an Order confirmation to your nominated e-mail address.
6 c) The Furniture Trader is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6 d) Each Order (once confirmed) represents a separate agreement.
6 e) The Furniture Trader reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6 f) The Furniture Trader, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6 g) In the event of a cancelled Order, owing funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6 h) The Furniture Trader reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6 i) The Furniture Trader accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
6 j) Order Cancellations - In line with 'in-store' and 'over the phone' Cancellation policy - a request to cancel an order will incur a fee to the customer of 20% of the total purchased amount + any storage fees incurred up to the date of cancellation - these fees covers the cost of allocated stock not being available for sale to other potential customers.
7 Payment
7 a) The Furniture Trader currently accepts Visa/Mastercard and PayPal transactions for payment.
7 b) Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7 c) If your nominated payment method triggers The Furniture Trader internal suspect transaction protocols, The Furniture Trader may contact you to confirm additional details, or rescind the transaction.
8 Delivery and ownership of the goods
8 a) The Furniture Trader tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. The Furniture Trader does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8 b) The date of dispatch will be emailed to the Customer’s email address nominated in their Order and is reasonably estimated by The Furniture Trader and is subject to change with notice given. Where scheduled dispatch of a Product is delayed, customers will be notified by e-mail at the e-mail address nominated in their Order.
8 c) The Furniture Trader will not dispatch Goods to PO box addresses.
8 d) Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8 e) The Furniture Trader reserves the right to charge a delivery cancellation fee of $50 for Deliveries cancelled by the customer within 48 hours of the scheduled delivery date. This fee covers costs associated with extra handling and re-warehousing of the already picked and loaded product/s.
8 f) Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
8 g) The Furniture Trader is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with The Furniture Trader in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by The Furniture Trader is done so in good faith and will not guarantee the accuracy of such information.
9 Conditions of Delivery or Store Pickup (Click & Collect):
9 a) The cost of Delivery is to the front door of your home. Should you require your furniture to be placed inside on the ground floor, at the discretion of our delivery drivers, they may do so whilst exercising all due care. DELIVERY DOES NOT INCLUDE ASSEMBLY OR REMOVAL OF PACKAGING. We accept no responsibility for damages incurred to the customer's premises whereby difficult access may have led to damage being incurred. Drivers will not be responsible to bring goods inside a residence if they deem there to be improper/restricted access. It is your responsibility to check measurements to ensure your goods will fit in intended areas. We are not responsible for goods that have not been measured and subsequently do not fit where intended. No exact delivery time can be provided. Should details change prior to delivery it is up to you to advise us. In the event that nobody is home to receive your delivery or a delivery is cancelled on the day of delivery, a re-delivery charge of $75 (Melbourne Metro Only) will apply unless an 'authority to leave' the goods in an undercover location is given. If the balance is not paid prior to delivery, your furniture will be returned to our distribution centre and an additional delivery charge of $75 dollars will apply (Melbourne Metro Only). Our sub contracted couriers require your room/s to be ready and clear with sufficient access on delivery of your furniture. It is your responsibility to forewarn us of any challenges such as narrow stairs, steep driveways, elevators and partly built homes. Notice to cancel or reschedule a delivery must be received within 48 hours before the delivery date (Melbourne Metro Only) otherwise a delivery fee will be charged.
9 b) Store Pickups (Click & Collect): Customers electing to pick up their goods must do so within 7 days of notification unless stated differently on email notification. Storage fees of $50 per week will apply after this time. If a customer elects to have their goods transferred to the Dandenong or Hoppers Crossing store for a pickup, then change their mind to have their goods delivered following the transfer, will incur a transport and handling fee of $50. Be sure of having an adequate transport vehicle. The Furniture Trader is not responsible for any damage that may subsequently occur as a result of incorrect transportation whereby our quality approved couriers were not used. In the event of goods being damaged, you will be required to transport them back to the store for assessment.
10 Faulty or damaged goods
10 a) The Furniture Trader will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and the applicable The Furniture Trader Standard Warranty.
10 b) Where a Good is faulty within the first 7 days after delivery or is already damaged on delivery, and the customer notifies The Furniture Trader of that fault within the first 7 days after delivery, then The Furniture Trader will:
i) Replace or Repair the faulty Good at The Furniture Trader’s discretion; or
ii) If The Furniture Trader is unable to provide a new replacement, The Furniture Trader has the option to offer a full or partial refund dependent on the amount of damage to the product.
iii) Where a new replacement isn’t available, and the customer elects to receive a refund, the refund will be for the amount of the purchase price and the Delivery Cost.
iv) The 7 Day period will commence on the date that the customer accepts delivery of their product.
Outside of this 7 Day period, faults will be dealt with in accordance with the terms and conditions of the applicable The Furniture Trader Standard Warranty.
10 c) Where Goods are already damaged on delivery, The Furniture Trader requires photographic evidence of the damage to be e-mailed to one of our stores before authorizing return of the Goods.
10 d) The Furniture Trader reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 10.
10 e) The Furniture Trader also reserves the right to request a pick-up and assessment fee of $100 (Melbourne Metro Only), paid by the customer, refundable upon a successful warranty claim, in assessing the validity of the claim. Please refer to our Product Warranty page in better understanding what your warranty covers.
11 Refunds and returns
11 a) Other than in accordance with Clause 10, The Furniture Trader does not provide refunds for when a Customer makes a wrong purchase decision or when the Customer has a change of mind.
11 b) In order to facilitate a return under these Terms and Conditions, please contact one of our stores.
11 c) The customer must comply with directions from The Furniture Trader staff to facilitate a return.
11 d) It is the customer’s responsibility to ensure that returned items are returned safely. The Furniture Trader takes no responsibility for items lost in transit.
11 d) The Furniture Trader also reserves the right to request a pick-up and assessment fee of $100 (Melbourne Metro Only), paid by the customer, refundable upon a successful warranty claim, in assessing the validity of the claim. Please refer to our Product Warranty page in better understanding what your warranty covers.
12 Warranties
12 a) Each Product sold on the Website is covered by the 12 month Standard Warranty (The warranty details can be viewed here).
12 b) To the extent permitted by law, the warranties referred to in clause 11 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
12 c) The Furniture Trader reserves the right to refuse to supply spare parts where limited stock is available.
12 d) Certain legislation may imply warranties or conditions or impose obligations upon The Furniture Trader which cannot be excluded, except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which The Furniture Trader is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
12 e) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality.
13 Intellectual Property
13 a) All Intellectual Property in any Material on the Website is the property of The Furniture Trader. Unless expressly authorized under this Agreement or otherwise, you may not reproduce or distribute any Material or any part of any Material.
14 Indemnity
14 a) You waive, release, discharge and relinquish any and all claims that you have now or may have against The Furniture Trader which are connected with, arise out of, relate to or are incidental to the use of the Website.
15 Liability
15 a) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of The Furniture Trader (in negligence or otherwise) is limited (at the option of The Furniture Trader) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that The Furniture Trader shall not be held liable for any indirect or consequential loss.
15 b) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of The Furniture Trader (in negligence or otherwise) is limited (at the option of The Furniture Trader) to these Terms and Conditions and those listed in related The Furniture Trader warranties.
16 Privacy
16 a) We gather personal information about our customers for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work (both in and out of warranty repairs);
- improving and developing our products; and
- expanding our business.
16 b) The Furniture Trader is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
The Furniture Trader will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
16 c) In the process of dealing with our customers, we may collect and hold the following types of information:
- Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.
- Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
16 d) The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
16 e) We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
16 f) You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us. A $30.00 administration fee will be charged for the retrieval of any personal information.
17 General
17 a) The Furniture Trader reserves the right to make changes to the The Furniture Trader Website and Order Terms and Conditions without notice.
17 b) Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
17 c) A failure or delay by The Furniture Trader to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by The Furniture Trader does not preclude its future ability to exercise that or any other power or right.
Layby Policy Terms and Conditions
The Furniture Trader offers an 8 week part payment layby option.
A Minimum 30% deposit is to be paid at the time of purchase to begin the layby.
Layby period – Commencement date:
Our 8 week Layby period begins on the date your order is made.
Layby period – Finalisation date:
The Layby period ends on the Finalisation date that is at the end of the 8th week following your purchase.
Layby Schedule
As with our regular sales, a 30% deposit is required to begin your Layby order.
The Remaining 70% balance of the layby must be paid in full before the end of the Layby period (8th week).
We require fortnightly payments during the Layby period in accordance with the following payment schedule:
- 50% of the Invoice Balance must be paid on or before the 5th week of the Layby Period
- 75% of the Invoice Balance must be paid on or before the 7th week of the Layby Period
- 100% of the Invoice Balance must be paid on or by the end of the 8th week of the Layby Period
Whilst we will make every effort in notifying you of your layby and order status, failure to make the agreed scheduled payments may result in de-allocation of stock or even cancellation of the entire order, so please stay open to communication with The Furniture Trader via email and phone calls and messaging.
Dispatching of Layby order goods
The dispatch of layby goods must be made within 2 weeks following the end of the Layby period, whereby all items are in stock.
Extensions to the dispatching of Layby goods can only be made when items on back-order are not available to be dispatched, whereby dispatch must then be made within 2 weeks following those back-order items being available.
Extensions on layby payments cannot be made regardless of dispatch availability or back-order status, including supply delays.
All laybys that exceed our dispatch period will incur holding fees of $50 per week for orders up to 3.5 Cubic metres (CBM) in size, with $25 per week being charged for each additional CBM over that.
Layby Cancellation
Cancellation of a Layby order follows the same cancellation fees as outlined in our regular sale terms and conditions (20% of order total) + any storage fees incurred.