1.1 These terms and conditions (“Terms”) plus any implied terms which cannot be excluded are the whole agreement between the purchaser (‘Customer or you/your’) and Jane Gorman Decorators & Developers Pty Ltd (ACN: 638 076 847) trading as Jane Gorman Decorators & Developers, ABN: 68 638 076 847 (‘we/us/our’).
1.2 No other contractual terms of a Customer (such as on a purchase order or otherwise) apply and, if provided, they don’t constitute a counteroffer. If you accept delivery or supply of all or a portion of goods and/or services supplied under these Terms (‘Goods’), you will be deemed to have accepted these Terms and they will apply to the exclusion of all others.
1.3 We may vary these terms by providing written notice to you.
2.1 Prices charged will be determined by us by reference to our standard prices. We will use our best endeavours to notify you of price changes but bear no liability in respect of this. We encourage you to check our pricing on our website as it may change from time to time, without notice.
2.2 Any quotations or request for pricing provided shall not constitute an offer and will remain valid only for 14 days from the date it was provided. Documents requiring signature may be signed in electronic form and are binding from the time a person affixes a signature on your behalf.
2.2 Prices in quotations don’t include (unless specified): (1) Any statutory tax, including any GST, duty or impost levied in respect of the Goods and not allowed for by us in calculating the price; or (2) Costs and charges in relation to insurance, packing (other than our standard packing), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
2.3 You shall pay any variations in the invoice or contract price as a consequence of currency fluctuations.
2.4 This agreement shall not be affected by any impositions or alterations of customs duties or by decisions of the Customs Department with regard to either classification or value of duty or landing charges. Any such impositions shall be payable by you.
3.1 We shall not be liable for failure to deliver/supply, or for delay in delivery/supply. If we quote a time for delivery or supply, it’s an estimate only. You will not be relieved of any obligation to accept or pay for Goods because of any failure to delivery or supply. We can stop supply/delivery if you fail to comply with the Terms.
3.2 We may refuse to supply any order in our absolute discretion and may make acceptance of an order conditional upon receiving a satisfactory credit assessment of the Customer.
3.3 If you tell us to deliver the Goods over different times or to different addresses from those specified in the Checkout Section of the website, then you: (1) shall be liable for any additional cost, charge and expense incurred by us in complying with your direction; (2) shall pay for the whole of the invoiced value of the Goods pursuant notwithstanding the staggered deliveries; and (3) such action shall be deemed to be delivery to you.
3.4 You are deemed to accept delivery of the Goods where it is either delivered to your premises.
3.5 If you are unable or fail to accept delivery of the Goods, we may deliver it to a place of storage nominated by you and, failing such nomination, to a place determined by us. Such action shall be deemed to be delivery to you. You shall be liable for all cost, charge and expense incurred by us on account of storage, detention, double cartage/delivery or similar causes.
3.6 You agree that you will be obliged to and shall pay for the Goods at the time of purchase.
4.1 Until full payment has been made for all Goods, and any other sums in any way outstanding from you from time to time:
4.1.1 Title to the Goods shall not pass to you and you shall hold the Goods as bailee for us (returning the same to us on request).
4.1.2 You are not authorised to sell the Goods (or any portion of them) to third parties as our fiduciary agent.
4.1.3 We are irrevocably authorised to enter any premises where the Goods are kept, and to use your name and to act on your behalf, if necessary, to recover possession of the Goods without liability for trespass or any resulting damage.
4.3 In addition to any lien to which we may, by statute or otherwise, be entitled, we shall in the event of your insolvency, bankruptcy or winding up, be entitled to a general lien over all property or goods belonging to you in our possession (although all or some of such property or goods may have been paid) for the unpaid price of any Goods sold or delivered to you under this or any other contract.
5.1 Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available unless it is your stated standard policy not to accept back orders or you specifically mark its order, “Do Not Back Order”. Deliveries at any time are subject to availability of stock and we will not be liable for any charges due to product unavailability.
6.1 You acknowledge and accept that we sell our goods only through persons who have been authorised by us to sell specific product categories at specific locations and who comply with our Terms and Conditions. Subject to the provisions of the Competition and Consumer Act 2010: (1) under no circumstances may you sell Goods through the Internet or the mail without prior written authorisation from us; (2) you are prohibited from selling Goods on the international market without our express written consent; and (3) does not grant to you the exclusive right to sell our Goods. We reserve the right to authorise and/or supply additional retailers in any market area that it deems necessary to adequately cover the market.
7.1 We will ship by the most appropriate route and carrier to all points. If the purchaser chooses a route with a higher charge than the route of our choice for shipment, we will charge the difference to you.
7.2 We have calculated freight based on each product’s size. Freight charges are based on cubic meterage, regardless of your residential address as we charge a flat rate fee per product.
7.3 Each product on our shop is unique and thus delivery times may vary. We will do our best to ensure your products are delivered as quickly and as safely as possible. We estimate that delivery for our products is between 5 -10 business days. If there are any delays with your order we will be sure to let you know as soon as possible.
8.1 You must not return any Goods to us without obtaining our prior authorisation. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, quantity, date of return and your name and address must also be enclosed. Freight charges must be paid by you. All Goods must be returned in the original packaging and you shall be responsible for all damage incurred during return shipment. We will issue a credit note only after Goods returned are either collected by our authorised representative or agent or returned to us as set out above. You must not deduct the amount of any anticipated credit from any payment due to us but must await receipt of a credit note.
8.2 All goods returned must be of merchantable and reasonable quality such that the goods are complete in their original packaging, not shop-soiled, are not price ticketed and are still listed in the current price list.
8.3 If we accept the return of any Goods that have been ordered, we may charge you fifteen per cent (15%) of the invoice price as a handling fee with freight costs and risk remaining your responsibility.
8.4 We will not accept cancellations or partial cancellation of an order unless we have first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by us, will indemnify us against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment.
8.5 All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with your purchase order must be submitted to us in writing within fourteen (14) business days of the date of the invoice rendered for the supply of the Goods. Otherwise, you are deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with your purchase order.
9.1 No warranties except those implied and that by law cannot be excluded are given by us in respect of Goods supplied. Where it is lawful to do so, our liability for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, as determined by us.
10.1 These Terms shall be governed by and interpreted according to the laws of Victoria and the parties consent and submit to the jurisdiction of the Courts of Victoria.
10.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.