Terms of Use

ONLINE

To ensure your Special Things Furniture experience is a positive one we would like you to familiarise yourself with our trading terms. Please feel free to contact us on our (03) 9380 6399 if you have any further questions.

About Special Things

(1) Your purchase of goods from www.specialthings.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Legal name ABN 82 806 554 275 (Colin Whitehead, trading as “Special Things Furniture”), 1 Bennet Drive, Altona North Victoria 3025 (“us”, “our”, “we”, “STF”, “Special Things”), carries on business from the website.

(4) You and STF may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to STF via the website, to purchase the goods and services at the specified price, subject to these Terms.

(6) In these terms:

(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;

(b) reference to a “third party” in these terms includes a reference to any agent or contractor of STF or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;

(d) “Order” means an offer made by you in response to an invitation to treat made by STF via the website.

User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

Guests and Registered Users

(1) You may access and/or use the website as a guest or as a member.

(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at info@specialthings.com.au

(3) You will receive an email from us as soon as practical after you create your membership account.

(4) We only permit one registration per email address.

(5) You must not use another members’ account without permission.

(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us at info@specialthings.com.au.

(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

(a) are over the age of eighteen (18) years;

(b) accept these terms;

(d) these terms, together with your order, constitute the entire agreement between you and STF for the supply of products.

(3) STF reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage STF may suffer as a result of a transaction entered into by a minor.

Orders

(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.

(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.

(4) Representations of products for sale made by STF via the website do not constitute an offer to sell but an invitation to treat.

(5) You and STF may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(a) placing an electronic Order for the products using the website;

(b) you confirming the Order details in accordance with the procedure on the website;

(d) the acceptance of that offer by STF.

(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(a) any requirements set out in these terms have been met;

(b) the electronic instruction containing the offer from you enters and is recorded in our database;

(d) STF receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(7) You acknowledge that:

(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by STF for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(b) to the extent permitted by law, STF is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(c) STF may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(d) STF may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(8) You will receive an email from STF as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us.

(9) If your Order is not accepted by STF, STF will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(10) STF may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(11) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If STF cannot supply a particular product, STF will notify you by telephone or email as soon as possible.

(12) STF will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfillment of your Order.

Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.

(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of STF.

(3) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact us for purchase of these products.

(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(5) We reserve the right to correct any errors published on the website.

Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made by Electronic Bank Transfer to our nominated bank account stated on the website; or via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by STF, STF will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. STF will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not in stock may take up to six (6) to twelve (12) weeks to be delivered to you from the date you place your order. This timeframe is the average manufacturing lead time required by us. STF will contact you on receipt of your Order to notify you of the indicative delivery date.

(3) Other than in respect of Orders for furniture, or deliveries to regional or remote areas, if STF gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and STF will arrange for a full refund of any payment made by you to be processed.

(4) Delivery times regional or remote areas is by arrangement only – times cannot be guaranteed.

(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.

(6) Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, the invoice must then be paid in full. In addition, a storage fee of $100 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are payable prior to final delivery.

(7) If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.

(8) Should you arrange your own delivery then the goods become your responsibility upon collection from STF’s premises.

Delivery by Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Melbourne and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On acceptance of your Order by STF, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.

(4) If you Order large or bulky items, STF will contact you by telephone or email to arrange with you a suitable time for delivery.

(5) You will be required to be available in person to accept delivery of your Order.

(6) If you wish to change the delivery date or delivery address you must contact our Team at least 48 hours prior to the dispatch of your Order.

(7) STF will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however STF does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(8) You must advise at the time you place your Order via the website or later when you discuss delivery with STF, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.

(9) STF reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.

(10) STF cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

(11) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.

Orders for Collection at a STF

(1) The terms of this clause apply where you select to collect your Order from STF.

(2) If you select to collect your goods from STF, a representative will contact you by telephone or email to notify you when the Order is available for collection.

(3) Orders for collection at a STF must be collected within 21 days of STF giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, STF has the right to allocate those goods to another customer and reorder the goods for you.

Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

PayPal and credit card fraud

(1) The website employs the latest in Secure Sockets Layer technology from Comodo, TNS and PayPal secure payment gateway to secure our payment systems.

(2) To the extent permitted by law, each of STF, STF and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

Disclaimer and Indemnity

(1) To the extent permitted by law, each of STF and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, STF and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, STF and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

Order Enquiries

If you have any query about the progress of your Order please contact us. Please have your Order number handy as shown on the email confirmation.

Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a) rights under the Refund Policy;

(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

(2) Please choose carefully as STF will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

(3) If your Order arrives damaged, please submit contact us immediately.

(4) STF will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to STF.

Privacy and Personal Information

(1) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

(2) The privacy of your personal information is important to STF.

(3) STF and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at info@specialthings.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Online payments are handled by Paypal. STF does not store your credit card or banking details. Please check the paypal.com.au websites for details of their privacy policies and security measures.

(6) STF, its related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that STF and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that STF thinks may be of interest to you. If you would prefer not to receive promotional or other material from STF or its third parties, please let us know and STF will respect your request. You also agree that STF may contact you by telephone to arrange delivery or collection of your Order.

(7) You may request STF to remove your personal information from its database by emailing us at info@specialthings.com.au.

(8) For further details about STF’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us at info@specialthings.com.au or the Privacy Officer at info@specialthings.com.au.

Force Majeure

STF will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. STF makes no representations that the content of the website complies with the laws of any country outside Australia.

Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and STF.

Transfer and Assignment

If STF merges, sells or otherwise change control of its business or this website to a third-party, STF reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that STF has collected from you and any agreements it has made with you.

Waiver

The failure by STF to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by STF.

FURNITURE

General

Delivery

a) STF will contact the Client to nominate and confirm a proposed Delivery Date.
b) The proposed Delivery Date is an estimate only.
c) STF is not liable for any loss, damage or delay incurred by the Client arising from late or non-delivery of the Goods.
d) STF may at its option deliver the Goods to the Client in any number of instalments or part supplies.
e) The Client must do all things as are necessary to assist and enable STF to deliver the Goods on the Delivery Date to the Client at the Client Delivery Address.

Payment and Risk

a) An initial progress payment of 50% is required before STF can begin arrangements for the manufacture or supply of the Goods.
b) The Client must pay the balance of the Price for the Goods to STF before STF delivers the Goods to the Client.
c) All risk in the Goods passes to the Client upon delivery of the Goods by STF to the Delivery Address or the Client.

Retention of Title

a) Title to the Goods shall not pass from STF to the Client until such time as STF has received payment in full of the Price for the Goods in cleared funds and there are no other moneys owing by the Client to STF in respect of the Goods.
b) Until such time as payment is made in full of the Price for the Goods in cleared funds, STF reserves the right to recover possession of the Goods.
c) Where STF has not been paid the Price for the Goods in full and STF has delivered the Goods to the Client, the Client agrees that the relationship between STF and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for STF and, if required, shall store the Goods in a manner that clearly shows the ownership of STF.
d) STF and the Client agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the supply of the relevant Goods or not, between the Client and STF pursuant to which STF gives the Client credit.

Storage

If the Cli ent refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage charges to STF at the rate of $100.00 per week, payable until the Client accepts delivery of all of the Goods.

Return of Goods

Subject to law:

a) the Client has no right to return all or any of the Goods to STF; and
b) STF has no obligation to refund all or any part of the Price.

Cancellation

Subject to law:

a) the Client has no right to terminate or cancel this agreement; and
b) the Client must indemnify STF in respect of all loss, costs, claims and expenses incurred by STF as a result of any default by the Client under this agreement.

Acknowledgement

STF has no obligation to install the Goods or perform any residential building works.

Personal Information

The address and contract details of the Client may be used by STF and subsidiaries of STF to provide marketing information to the Client. Please refer to the Privacy Policy for more information.

Warranty as to Quality or Fitness

STF warrants that the Goods are of merchantable quality except only:

a) as regards any defects specifically drawn to the attention of the Client before the making of this contract;
b) if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.

Limitation of Liability

a) Other than any warranty expressly given by STF in this agreement, and subject to clause 11(b), all warranties (whether implied, statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.

a) replacement of the Goods or supply of equivalent Goods;
b) the repair of such Goods;
c) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
d) the payment of the cost of having the Goods repaired.
a) Subject to clause 11(b) STF excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this agreement.

The exclusions of liability referred to in clause 11(c) apply to any action giving rise to an obligation, duty or liability even if the action was not authorised, or not capable of being authorised, by the Client.

SYSTEMS

Entire Agreement

The Goods are sold by STF to the Client subject to these terms and conditions, and not otherwise. These terms and conditions prevail over any inconsistent provision in any communication by the Client to STF about the sale of the Goods, including any form of purchase order issued by the Client. This agreement records the entire agreement between the Client and STF about the sale of the Goods by STF to the Client. STF is not bound to sell the Goods to the Client unless and until STF has signed this agreement.

Delivery

Payment and Risk

a) The Client must pay the Price for the Goods to STF before STF delivers the Goods to the Client.
b) All risk in the Goods passes to the Client upon delivery of the Goods by STF to the Delivery Address or the Client.

Retention of Title

Storage

If the Client refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage charges to STF at the rate of 5% per month on the value of the Goods, payable until the Client accepts delivery of all of the Goods.

Return of Goods

Subject to law:
a) the Client has no right to return all or any of the Goods to STF; and
b) STF has no obligation to refund all or any part of the Price.

Cancellation

Subject to law:
a) the Client has no right to terminate or cancel this agreement; and
b) the Client must indemnify STF in respect of all loss, costs, claims and expenses incurred by STF as a result of any default by the Client under this agreement.

Acknowledgement

STF has no obligation to install the Goods or perform any residential building works.

Personal Information

The address and contract details of the Client may be used by STF and subsidiaries of STF to provide marketing information to the Client. Please refer to the Privacy Policy for more information.

Warranty as to Quality or Fitness

STF warrants that the Goods are of merchantable quality except only:
a) as regards any defects specifically drawn to the attention of the Client before the making of this contract;
b) if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.

Limitation of Liability

b) Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, such term is taken to be included in this agreement. However, the liability of STF for breach of such term is, if permitted by law, limited to one of the following remedies (at the option of STF):
(i) replacement of the Goods or supply of equivalent Goods;
(ii) the repair of such Goods;
(iii) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired.

c) Subject to clause 11(b) STF excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this

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