Terms and Conditions of Sale - Commercial Furniture Direct
Commercial Furniture Direct is a wholly-owned subsidiary of Outdoor Living Direct Pty Ltd ACN 155694465
1.1. These Terms and Conditions apply to you, the Website user and your usage of the Commercial Furniture Direct website and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2.1. 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 a Commercial Furniture Direct quote, 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), including extended warranties.
“Website” means the internet site located at the URL www.outdoorlivingdirect.com.au and operated by Commercial Furniture Direct, and any associated websites.
2.2. 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
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Commercial Furniture Direct will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. 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. Commercial Furniture Direct takes no responsibility for any such damage which may arise in connection with your use of the Website.
4.1. All prices listed on the Website are in Australian Dollars, inclusive of GST and applicable taxes, unless otherwise specified.
4.2. All prices displayed on the Commercial Furniture Direct 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 confirmed Orders.
4.3. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
4.4. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.5 Free shipping offers are given at the sole discretion of Commercial Furniture Direct and may incur additional charges for delivery to remote areas as defined by Commercial Furniture Direct.
4.6 Commercial Furniture Direct reserves the right to refuse a sale.
5. Product Specifications
5.1. Features, colours and specifications of Products described or depicted on the Website are approximate, and subject to change without notice. If you have a specific product colour or size requirement, or another feature that is critical to your needs you must advise us at Checkout.
5.2. All weights and dimensions mentioned are approximate.
6.1. You may place an Order by filling in the Order Form on the Commercial Furniture Direct 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.
6.2. Orders will be deemed to have been received by Commercial Furniture Direct at the time Commercial Furniture Direct sends an Order confirmation to your nominated email address.
6.3. Commercial Furniture Direct is an online business and will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. Commercial Furniture Direct reserves the right to not accept or to cancel Orders that request commercial quantities of Goods. Alternately, commercial quantities of goods may be purchased by contacting firstname.lastname@example.org
6.6. Commercial Furniture Direct, 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.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
6.8. Commercial Furniture Direct 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 alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. Commercial Furniture Direct accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections, or decline of payment.
7.1. Commercial Furniture Direct currently accepts Visa/Mastercard, Direct Deposit via EFT and PayPal. Personal or company cheques can also be accepted, however goods will not be dispatched until the cheque is cleared.
7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3. If your nominated payment method triggers Commercial Furniture Direct internal suspect transaction protocols, Commercial Furniture Direct may contact you to confirm additional details, or rescind the transaction.
8. Delivery and ownership of the goods
8.1. Commercial Furniture Direct 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. This is not uncommon during periods of heavy demand, such as Christmas, Australia day, and Easter. Commercial Furniture Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Commercial Furniture Direct and is subject to change without notice.
8.3. Commercial Furniture Direct will not dispatch Goods to PO box addresses.
8.4. Once payment in full has been cleared, including any shipping charges, title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.5. Where a customer gives authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
8.6. Commercial Furniture Direct's nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday).
8.7. Our standard delivery offer requires the customer to assist the driver with large items. If you are unable, or unwilling, to provide such assistance, please contact email@example.com prior to proceeding with your order. Assistance can be arranged for you at additional cost.
8.8. Where you have agreed a day of delivery with us, and you are not available, or unwilling to accept the goods, you agree to accept any detention, demurrage, return shipping, restocking, and redelivery charges associated with such delays.
8.9. Commercial Furniture Direct is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with Commercial Furniture Direct’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Commercial Furniture Direct to a customer in relation to delivery will be from a third party, and as such Commercial Furniture Direct will not guarantee the accuracy of such information.
8.10. Should a customer choose to cancel an order, or refuse to accept delivery of an order, after that order has been dispatched, Commercial Furniture Direct reserve the right to subtract from any refund the cost of shipping both ways as well as a 15% restocking fee.
9. Faulty or damaged goods
9.1. Commercial Furniture Direct will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions.
9.2. Where a Good is deemed as faulty within the first 3 days after delivery or is already damaged on delivery, and the customer notifies Commercial Furniture Direct of that fault within the first 3 days after delivery, then Commercial Furniture Direct will:
(a) Replace or Repair the faulty Good at its sole discretion; or
(b) If Commercial Furniture Direct is unable to provide a new replacement, Commercial Furniture Direct has the option to offer a full or partial refund dependant on the amount of damage to the product.
(c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost.
(d) The 3 Day period will commence on the date that the customer accepts delivery of their Commercial Furniture Direct product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
9.3. Where Goods are already damaged on delivery, Commercial Furniture Direct requires photographic evidence or footage (whichever is more applicable) of the damage/fault to be emailed to firstname.lastname@example.org before authorising return of the Goods.
9.4. Commercial Furniture Direct requires any customer requesting services in accordance with this warranty to provide to comply with directions from Commercial Furniture Direct staff in order to facilitate the investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Commercial Furniture Direct (where applicable). Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate).
9.5. Commercial Furniture Direct is not required to provide warranty services in accordance with this warranty unless the customer complies with the previous sub-paragraph, as the absence of suitable description and images will prevent Commercial Furniture Direct from investigating the claim.
9.6. Commercial Furniture Direct reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 9.
9.7. Commercial Furniture Direct may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.
9.8 Products described as 'not suitable for outdoor use' are not warranted against weather damage.
10. Refunds and returns, including return policy
10.1. Other than in accordance with Commercial Furniture Direct’s product return guarantee, Commercial Furniture Direct does not provide refunds, unless as required by applicable law.
10.2. No refunds are available for services where goods are not offered.
10.3. Other than in accordance with clause 9, Commercial Furniture Direct will only accept the return of Goods that have been supplied incorrectly.
10.4. In order to facilitate a return under these Terms and Conditions, please email email@example.com
10.5. The customer must comply with directions from Commercial Furniture Direct staff to facilitate a return.
10.6. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
10.7. It is the customer’s responsibility to ensure that returned items are returned safely. Commercial Furniture Direct takes no responsibility for items lost in transit.
10.8. Where a 30 day return policy applies, the customer is permitted to return goods for a full refund, less the cost of shipping and handling both ways, and a 15% restocking fee, subject to the terms and conditions outlined in clause 10.9.10.9. The 30 day return policy is subject to the following terms and conditions:
(a) You are free to return your purchase for up to 30 days from the arrival date (online sales only). All returns are subject to a 15% restocking/administration fee which covers warehousing, logistics and finance charges.
(b) Products must be returned in the condition you received them and in the original boxes and/or packaging, and in a condition to allow immediate resale as a first-quality product. Of course, you will want to try them out at your place, and that's fine. But the majority of the packaging must be intact. Most importantly, your furniture cannot be obviously used.
(c) Once your return is received and inspected by our warehouse, your refund will be processed and a credit will be automatically applied to your credit card or original method of payment within 7 days, less the cost of shipping both ways.
(d) Replacements for exchange of damaged goods will not be dispatched until the original item has been received at our warehouse.
(e) All shipping costs will be deducted from the refund, including shipping to you, and return to us.
(f) If you fail to take reasonable care of the goods in returning them to us and this causes the damage to or deterioration of the products, we will charge you for the reduction in value, up to 100% of the value of the goods, plus freight cost.
10.9. The 30 day return policy specifically excludes special orders, commercial quantities, and custom made products.
11.1. Each Product sold by Commercial Furniture Direct is covered by a 12 month Commercial Furniture Australia Standard Warranty, unless otherwise displayed on the product page, where the product is used in a domestic environment. Products used in a commercial environment are covered by a 3 month warranty only. This warranty covers defects in manufacture and materials, but specifically excludes:
(a) Damage to the product, howsoever caused
(b) Fading and discolouration of fabric, including mould or mildew. This can occur rapidly if fabrics are left exposed to the elements for long periods.
(c) Damage caused to the product due to abuse, lack of proper maintenance, or using the product in a manner unintended by the manufacturer
(d) Damage to umbrellas as a result of excessive wind, including where winds have caused the umbrella to fall and sustain damage.
(e) Damage to products as a result of exposure to foreign substances
11.2. To the extent permitted by law, the warranties referred to in clause 11.1 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.
11.3. Commercial Furniture Direct does not guarantee the availability of spare parts for any products sold, however will utilise its best endeavours to supply spare parts to customers where possible.
11.4. Certain legislation may imply warranties or conditions or impose obligations upon Commercial Furniture Direct which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified 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 Commercial Furniture Direct 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.
11.5 Where Commercial Furniture Direct elects to replace a product for a customer, the remaining warranty period will continue to be calculated from the purchase date of the original product.
11.6. Extended warranties may be available for purchase for all Commercial Furniture Direct Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.
11.7. Where a Commercial Furniture Direct Extended Warranty is purchased, it will replace the 12 month Commercial Furniture Direct Standard Warranty with the extended warranty period (For example, either 3 or 5 years).
11.8. 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 and the failure does not amount to a major failure.
11.9 In accordance with Australian consumer law, warranties for products supplied by local manufacturers are the responsibility of the manufacturer. Commercial Furniture Direct will facilitate communication with local manufacturers on behalf of the customer.
12. Intellectual Property
12.1. All Intellectual Property in any Material on the Website is the property of Commercial Furniture Direct. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
13.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Commercial Furniture Direct which are connected with, arise out of, relate to or are incidental to the use of the Website.
13.2. You agree to indemnify and to keep indemnified Commercial Furniture Direct and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Commercial Furniture Direct arising out of or in connection with the your use of the Website and the use of any Commercial Furniture Direct Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
14.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Commercial Furniture Direct (in negligence or otherwise) is limited (at the option of Commercial Furniture Direct) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Commercial Furniture Direct shall not be held liable for any indirect or consequential loss.
14.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Commercial Furniture Direct (in negligence or otherwise) is limited (at the option of Commercial Furniture Direct) to these Terms and Conditions and those listed in related Commercial Furniture Direct warranties.
15.1. We gather personal information about our customers for the purposes of:
(a) marketing, supplying or delivering our products to you;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
15.2. Commercial Furniture Direct 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.
Commercial Furniture Direct will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 15.
15.3. In the process of dealing with our customers, we may collect and hold the following types of information:
(a) 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.
(b) 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.
15.4. 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.
15.5. 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.
15.6. 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 at by email at firstname.lastname@example.org.
16.1. Commercial Furniture Direct reserves the right to make changes to the Commercial Furniture Direct Website and Order Terms and Conditions without notice.
16.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
16.3. A failure or delay by Commercial Furniture Direct 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 Commercial Furniture Direct does not preclude its future ability to exercise that or any other power or right.