The Furniture Gallery Osborne Park Pty Ltd ABN 35 169 572 203 trading as The Furniture Gallery (“The Furniture Gallery” or “we” or “us” or “our”) is fully committed to respecting your privacy. In summary, we collect Personal Information including your title, name, contact details (address, phone and fax) and email address and use your Personal Information for purposes including, but not limited to, completing a transaction, making a delivery, dealing with your queries or customer service issues promptly or for product development and research purposes. We only send your Personal Information to third party organizations when we have your consent, need to share it to provide the product or service you have requested, or are required or authorized by law to disclose the information.
A contract will be made only after you have made a payment (whether that is a part or complete payment) for the cost of goods as set out in the tax invoice. The Furniture Gallery may at its absolute discretion agree to accept a deposit with the payment of the balance at a later time, but in any event full payment must be received by The Furniture Gallery prior to delivery being arranged.
Delivery includes unwrapping, assembly of the goods, and removal of packaging. Delivery charges and estimated times will depend on where your product is being delivered. You must ensure the correct delivery address and access details are provided to us, and advise The Furniture Gallery if goods are to be delivered upstairs or downstairs. We shall use all reasonable endeavours to meet the delivery date on the nominated day, however you agree that The Furniture Gallery is not and will not be liable for any loss or damage, however it arises, if the products are not delivered by the delivery date. We will telephone your nominated telephone number about 1 hour before delivery will be effected. Products will only be delivered if a person over 18 years and able to accept delivery is at the delivery address. Delivery will require rescheduling and a further delivery charge will be incurred if an appropriate person is not present to accept delivery.
RISK AND TITLE
All risk in The Furniture Gallery products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by The Furniture Gallery of full payment by either cash or clearance of funds into our bank account. If for reason we are required to incur legal or other costs in obtaining the payment of all monies to which we are entitled from you under this contract then you will pay those legal or other costs to us on demand.
THE FURNITURE GALLERY WARRANTY & CONSUMER GUARANTEES
The Furniture Gallery Warranty: The Furniture Gallery provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale, and the period of the Warranty varies from item to item. This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: This Warranty will not apply if:
(1) Repairs to a product are made or attempted by a service provider other than one approved by us
(2) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product
(3) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure
(4) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories
(5) The product is tampered with in any way
(6) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product
Consumer guarantees: 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to The Furniture Gallery Warranty apply to the consumer guarantees.
Consumer guarantee remedies:
If there is a major failure with the product, the customer is entitled to:
(1) reject the product and get a refund;
(2) reject the product and get an identical replacement, or one similar in value if reasonably available; or
(3) keep the product and obtain compensation from The Furniture Gallery for the drop in value of the product caused by the major failure
If there is a minor failure with the product, the customer is entitled, at the election of The Furniture Gallery, to:
(1) a refund of the cost of the product
(2) replacement of the product; or
(3) have the product repaired within a reasonable time.
LEATHER CARE & WARRANTY
Dust, dirt and perspiration are the main causes of leather damage. Every leather lounge has a protective, clear coat called the “Tanner’s” coat. Once this breaks down, leather can discolour; in fact, colour can literally start to peel off. Cleaning and conditioning the leather regularly keeps this “Tanner’s” coat from breaking down. Leather warranty on Dixie Cummings leather and other 100% cowhide leather products from The Furniture Gallery is 12 months. This warranty is void if you fail to take appropriate care of the leather. Recommendations for caring for leather are:
(1) Once a week, wipe down the lounge with a damp cloth wet with water to remove any dust and dirt.
(2) Every 3-6 months, use an approved leather cleaner and conditioner (we recommend Multimaster products) to clean and condition the leather. This regularity with which you clean clean and condition depends on the amount of use the lounge gets. For example, if you use the lounge for hours each day, then you should clean and condition it every 3 months.
(3) White leather in particular is very susceptible to dye transfer from denim jeans. Multimaster sell a product specifically for this situation, should it arise.
RETURNS & CHANGE OF MIND POLICY
For non-furniture items (excluding clearance and sale items, upholstery and furniture) collected and paid for at the time of purchase instore (“cash & carry”), in addition to the rights guaranteed by applicable statute (including the Australian Consumer Law), if you change your mind you may return the product within 7 days of the date of purchase for an exchange or store credit only, provided that the product is returned in its original condition, in its original unopened and sealed packaging, and is accompanied by the original tax invoice or receipt. For furniture, clearance and sale items, in addition to the rights guaranteed by applicable statute (including the Australian Consumer Law), if you change your mind, no cancellations are permitted. If The Furniture Gallery, at their absolute discretion, does accept such a cancellation, the customer must pay an amount to The Furniture Gallery which in The Furniture Gallery’s reasonable view reflects the loss The Furniture Gallery will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). The Furniture Gallery shall set off this amount against any moneys already paid to us by the customer for this product, and return the balance. For any cancellation charges over and above what has already been paid to The Furniture Gallery, the customer must pay such amounts to The Furniture Gallery within 7 days of The Furniture Gallery’s request to pay.
HOW TO MAKE A CLAIM
To claim under the Warranty or a consumer guarantee, you must return the product for repair/inspection to your store of purchase, and pay for the associated costs (including any freight and insurance charges), unless the costs are significant in which case we will arrange for the product to be assessed either at your premises or ours at our cost. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim can be commenced, we require proof of purchase from you, as described under the Returns & Change of Mind Policy section above. We will do our best to resolve the issue in a timely manner. For any queries, please call The Furniture Gallery on the store number provided on your tax invoice.
If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.