Terms & Conditions
Terms and Conditions of Sale of Products Online
The following terms and conditions of sale ('Conditions') apply to the supply of goods or services ('Products') by Dalby Dealers Furniture to you, including all transactions for the purchase of Products through this web site.
Orders
Your completion of the order form on this
web site will constitute an offer by you to purchase the Products
('Order'). All Orders are subject to our acceptance.
Any Order under
these Conditions must be placed via the forms provided on this web site
and must specify information requested including, without limitation:
• quantity and description of the Products;
• full address to which the Products are to be delivered; and
• current billing address.
You must complete all information requested on the Order form before we process the Order.
We
will send you an email acknowledging the Products ordered as soon as
possible after you have placed an Order. Our acknowledgement of your
order by email will not constitute an acceptance of the Order. If we do not accept
your Order for any reason, we will inform you by email or in writing.
Prices
All prices provided on this web site are
inclusive of a Goods and Services Tax ('GST'), unless explicitly stated
otherwise. The GST payable by you will be shown on the invoice provided
at the time of delivery of the Products.
The purchase price for
the Products will be at our selling price on the date of our receipt of
the Order, less any applicable discounts in effect at that time. All
Orders will attract a delivery charge as displayed on your invoice. We
will not be responsible for errors in pricing that appear on this web
site. We will notify you in the event of a pricing error on the web site
before an Order is delivered, and you will have the opportunity to
cancel your Order in accordance with these Conditions.
Payment
Payment for Products purchased online from
Dalby Dealers Furniture via this web site can be made by bank transfer, PayPal, Afterpay or ZIP, or by contacting Dalby Dealers Furniture directly. We accept A.E, VISA and Mastercard.
We undertake to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL with the highest level of encryption commercially available to ensure that your transaction is safe and secure.
Dalby Dealers Furniture will deliver the Products to you only once the payment has cleared into the specified bank account.
Dalby Dealers Furniture reserves the right to decline any payment that is believed
to be fraudulent and exercise its lawful remedies if a dispute arises
over payment through your credit card provider. Dalby Dealers Furniture has
the right to offset and deduct from any refund due to you all sums owed
by you to Dalby Dealers Furniture.
Delivery and Cancellation
Delivery is by Australia Post if a small item or by courier if furniture.
If you wish to change or cancel your Order, you must immediately contact us by email at dlbydeal@bigpond.net.au and we will endeavour to accommodate your request, if the Products have not been dispatched. If you change or cancel your Order after 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your Order, including, but not limited to, transportation and administration costs.
Stock Availability
If a Product is out of stock when we process your Order, we will contact you to discuss revised
delivery times or refund options.
Refunds Policy
At Dalby Dealers Furniture, we want our customers to be completely satisfied with their purchase. We therefore recommend you read our Refunds Policy prior to making a purchase so you are familiar with our policy on refunds and returns and your rights under the Australian Consumer Law. Please refer to ACCC for more information.
Please choose carefully as we do not accept returned items when you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully review any orders before purchasing them in store or adding them to your shopping cart and proceeding with your purchase. We also recommend you immediately inspect any goods you receive from Dalby Dealers Furniture, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided
Dalby Dealers Furniture will exchange, credit or refund where goods have a manufacturing problem. Please contact us immediately if this applies to any item you have purchased from us.
Warranty: All items are sold with a manufacturer's warranty. Different products have different warranty terms. Any warranty claims are to be directed to Dalby Dealers Furniture for investigation. You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer's warranty do not apply. We may provide you with an indicative fee, which fee may vary due to reasons beyond our control.
Title and Risk
You agree that until payment of all moneys owing to us, the Products remain the property of Dalby Dealers Furniture. The risk of any loss or damage to the Products passes to you from the time we dispatch the Products to your specified address or other agreed address.
Liability and Indemnity
Except as required by
law, all warranties beyond those expressly given in these Conditions,
whether express or implied and whether statutory or otherwise, with
regard to the Products as to quality, fitness for purpose or any other
matter are excluded.
Where legislation implies any condition or
warranty, and that legislation prohibits us from excluding or modifying
the application of, or our liability under, any such condition or
warranty, that condition or warranty will be deemed included but our
liability will be limited for a breach of that condition or warranty to
one or more of the following:
• if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of such goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
• if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
Amendments to Conditions
We may revise these
Conditions from time to time by updating this web page. You are bound by
such revisions and should therefore regularly revisit this page to
review the current Conditions by which you are bound. Your continued use
of the web site after a revision of these Conditions evidences your
acceptance of that revision.
Governing Law
These Conditions are governed by
the laws in force in the State of Queensland, Australia. You agree to
submit to the exclusive jurisdiction of the courts of that jurisdiction.
Web Site Terms and Conditions of Use
In these terms and conditions, the expressions 'we', 'us' and 'our' are a reference to Dalby Dealers Furniture.
These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
Information Available on Web Site
All
information provided by us at the web site is provided in good faith. We
derive the information on our web site from sources which we believe to
be accurate and up to date as at the date of publication. We
nevertheless reserve the right to update this information at any time.
You accept that any information provided by us is general information
and is not in the nature of advice. In addition, we do not make any
representations or warranties that the information we provide on this
web site is reliable, accurate or complete or that your access to that
information will be uninterrupted, timely or secure.
We are not
liable for any loss resulting from any action taken or reliance made by
you on any information or material posted by us on this web site. You
should make your own inquiries and seek independent advice from relevant
professionals before acting or relying on any information or material
contained on our web site.
You agree to use our web site for lawful purposes only.
Product Descriptions
Images, drawings, sizes and
materials relating to products and accessories displayed on this web
site are for illustrative purposes only. Actual colour specifications
for a particular product may vary depending on our and your personal computer
settings.
Registration
In order to access certain parts of
this web site, or process certain transactions offered on this web
site, you will need to become a guest or account user.
Disclaimer of Liability
We do not accept any
responsibility for any loss or damage, however caused (including through
negligence), which you may directly or indirectly suffer in connection
with your use of this web site or any linked web site, nor do we accept
any responsibility for any such loss arising out of your use of or
reliance on information contained on or accessed through this web site.
Any
exclusion or limitation of liability set out in these terms and
conditions or on the web site does not attempt or purport to exclude
liability arising under statute if, and to the extent, that such
liability cannot be lawfully excluded.
Specific Warnings
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You
must take your own precautions to ensure that the process which you
employ for accessing this web site does not expose you to the risk of
viruses, malicious computer code or other forms of interference which
may damage your own computer system. We do not accept responsibility for
any interference or damage to your own computer system which arises in
connection with your use of this web site or any linked web site.
We
do not warrant the accuracy, adequacy or completeness of any
information contained on this web site, nor do we undertake to keep this
web site updated. We do not accept responsibility for loss suffered as a
result of reliance by you upon the accuracy or currency of information
contained on this web site.
Where the information made available on this web site contains opinions or judgments of third parties:
•
you acknowledge that any opinions or advice by third parties on this
web site remain the responsibility of those third parties and we do not
guarantee the accuracy, completeness or usefulness of that content or
its fitness for any particular purpose;
• we do not purport to
endorse the contents of that opinion or advice nor the accuracy or
reliability of that opinion or advice; and
• we do not accept
liability for loss or damage caused by your reliance upon any
information obtained through this service and it remains your
responsibility to evaluate the accuracy, completeness and usefulness of
any such information.
Responsibility for the content of any
advertisements appearing on this web site (including hyperlinks to
advertisers' own web sites) rests solely with the advertisers. The
placement of such advertisements does not constitute a recommendation or
endorsement by us of the advertisers' products and each advertiser is
solely responsible for any representations made in connection with its
advertisement.
Intellectual Property Rights
You accept that the
intellectual property rights subsisting in all materials on this web
site are owned or licensed by us and that you gain no interest in
relation to them. Such rights include rights relating to this web site's
look and feel, idea and concept, and confidential information, whether
or not they are reduced to material or tangible form. You must not do
anything, or omit to do anything, which may infringe our intellectual
property rights except where expressly authorised by these terms and
conditions.
Copyright
Copyright in this web site (including
text, drawings, graphics, logos, icons, sound recordings and software)
is owned or licensed by us. Information procured from a third party may
be the subject of copyright owned by that third party.
Other
than for the purposes of, and subject to the conditions prescribed under
the Copyright Act 1968 and except as expressly authorised by these
terms and conditions, you may not in any form or by any means:
•
adapt, reproduce, communicate, store, distribute, print, display,
perform, publish or create derivative works from any part of this web
site, or
• commercialise any information, products or services obtained from any part of this web site,
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Restricted Use
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.
You
are authorised to print a copy of any information contained on this web
site for your personal use, unless such printing is expressly
prohibited.
You may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links
to other web sites. Those links are provided for convenience only and
may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our
links with linked web sites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those
linked web sites, or of any information, graphics, materials, products
or services referred to or contained on those linked web sites, unless
and to the extent stipulated to the contrary.
You must not link to any part of this web site other than the home page without our written consent.
Privacy Policy
We undertake to comply with the terms of our privacy policy.
When you visit this web site, our Internet service provider makes a record of your visit, and collects certain information for statistical purposes, such as your server address and domain name
This web site makes use of cookies to make your access to this web site more convenient.
The personal information which we collect in the course of your visit to our web site is set out in full in our Privacy and Security policy.
Security of Information. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site
may be terminated at any time by us without notice. Our disclaimer will
nevertheless survive any such termination.
Governing Law
These terms and conditions are
governed by the laws in force in the State of Queensland, Australia. You
agree to submit to the exclusive jurisdiction of the courts of that
jurisdiction.
General
We may update or amend these terms and
conditions and our privacy policy from time to time. The then current
version of the terms and conditions and privacy policy will apply each
time you use our web site.
We accept no liability for any failure
to comply with these terms and conditions where such failure is due to
circumstances beyond our reasonable control.
If we waive any
rights available to us under these terms and conditions on one occasion,
this does not mean that those rights will automatically be waived on
any other occasion.
If any of these terms and conditions are held
to be invalid, unenforceable or illegal for any reason, the remaining
terms and conditions shall nevertheless continue in full force.