TERMS AND CONDITIONS
These terms and conditions (“terms”) form the basis of our contract with you. By ordering from us you agree to these terms, except where other terms have been expressly agreed in writing between all parties. Where any other published information is inconsistent with the content of these terms, these terms shall have precedence. These terms contain the required information regarding your statutory right to cancel (if applicable), please see section 7.2 on-wards. In these terms any references to “we” or “us” are to Mascot Furniture, Registered Office; Unit 219, 35 Doody Street, Alexandria NSW 2015.
2. Ordering and Acceptance
When you place an order, you are making an offer to purchase goods from us. This offer is accepted by us at the point where items are dispatched for delivery. If more than one item has been ordered at the same time, the dispatch of one item does not indicate the acceptance of an offer to purchase another. We reserve the right to cancel orders prior to acceptance. In addition to this, we may cancel orders after dispatch in exceptional circumstances, for example your refusal to accept delivery or detected fraud.
You agree to pay the price stated at the time of ordering. Payment will occur in advance of the goods being dispatched. In the case where you receive goods which have not been paid for, you will pay us on demand. In the event you are overcharged or undercharged, we and you agree to settle the outstanding balance as soon as possible after the error is discovered. All payments and any refunds for your order will be processed in Australia Dollars. We are not responsible for fluctuations in exchange rates or any other costs if you convert to or from another currency.
4. Pricing and Availability
We reserve the right to vary, at any time, any price advertised on this website, literature or elsewhere. Goods are supplied at the price prevailing as at the date of the offer made by you. All prices on our website are in AUS$ and inclusive of GST except where expressly stated otherwise. While every effort is taken to ensure accurate stock indications, no guarantee is given as to the availability of any item at the time of ordering. If we supply a date for the availability of stock, or completion of a custom order, it is to be treated as an estimate and is subject to change.
5. Dispatch and Delivery
5.1 Dispatch Delays
Where a payment made by you has not cleared or where additional security checks are required, dispatch may be delayed by us. If you apply for credit, items cannot be dispatched until your application is complete, any identity documents requested have been validated, deposit paid and agreement signed. Published cut off times apply for placing orders for guaranteed delivery services. We may vary these from time to time. We do not dispatch or deliver on public holidays. We may combine or split orders at our discretion, for example if you order a combination of in-stock and back-order items, we may send them separately, or wait until all items become available.
5.2 Standard Delivery
Standard services are not guaranteed. The time taken for delivery may vary.
5.3 Expedited Services
Where a specific delivery date is given, we will use a courier service to meet these agreements. In the event the courier fails to deliver as promised, any delivery charges paid by you will be refunded on request. Where estimated delivery time slots are provided by us or our delivery services, these are not guaranteed and subject to change.
5.4 Large and Bulky/Special Delivery Items
We or our couriers may contact you to discuss delivery. You will inform us of any stairs, obstructions or parking restrictions in advance.
Delivery is to kerbside as standard. Drivers may sometimes bring items into your premises, but only if there is sufficient access and it is safe for them to do so. Any such service is at the discretion of the delivery driver.
5.5 Other Terms
If a delivery fails because of incomplete or incorrect information provided by you, you agree to cover any additional re-delivery costs.
If any delivery or other service is delayed by any cause beyond the reasonable control of us or our appointed third party (e.g. severe weather, customs delays, vehicle breakdown), a reasonable extension of time shall be granted by you, this includes an extension to a guaranteed delivery date. Risk passes from us to you at the point of delivery. Where you collect you order from us in person, risk passes to you at the point of collection. Time shall not be of the essence.
6. Delivery Problems and Defective Items
6.1 Damaged, Incomplete or Incorrect Items and Loss In Transit
You agree to inspect all items on receipt. In the event you receive an item which is damaged, missing parts or incorrect, you will either refuse the delivery, or if you accept it, inform us as soon as possible. We will not accept claims where you do not inform us within a reasonable time.
Where an item which is dispatched does not arrive within a reasonable time you must inform us within 14 days of the expected delivery date. We will not accept claims for lost items beyond this 14 day period.
6.2 Defective Items
You agree to report defects to us as soon as possible and provide any further information we request.
We agree to pass on to you the benefit of any warranty or guarantee provided by the manufacturer of the goods. You agree to comply with all conditions contained in any such warranty or guarantee.
Warranty terms should be confirmed by you directly with the manufacturer and may be updated by them from time to time.
Used goods may come with a lesser or no warranty. See section 10.
If you return an item stating it is defective, which when tested is found not to be, or has been damaged by you, a fee of $49 will become due. This fee covers diagnostics and shipping. This fee does not cover parts or labour for repairs, or the production of reports.
6.3 Covered Costs
At our option we will provide you with a pre-paid returns label, collect the goods, or cover your return shipping costs.
If we agree to cover the costs involved in you shipping a return to us, this following will apply:
You agree to minimise all costs. We will only cover the cheapest available shipping option, including appropriate insurance
We will not cover packaging costs, additional services such as tracking or express delivery or any other charges incurred by you which could have been avoided.
Goods remain at your risk until delivery to us.
We will not cover the costs of shipping any item originally collected from us, or items you have chosen to export outside of the AUST.
If you send us an item that on inspection is found not to be defective, we will not cover any shipping costs
6.4 Collections of Items From You
If we arrange the collection of an item from you the following conditions will apply:
We will arrange with you a suitable date and address to collect from you the packed item that you have made it available for collection.
We will use an insured service to collect the item, which covers damage or loss in transit however you will be liable for the cost of repairing or replacing any item where it has not been adequately packaged.
We will attempt to collect the item from you on an agreed date. If you are not in, or the item is not ready for collection, you will cover the costs of any additional collection attempts.
6.5 Insurance Claims
Both parties agree that should any claim be made against a third party (e.g. a courier after transit damage) that they will supply the other with any requested information neccessary for the claim to proceed.
6.6 Alternative Items as Replacements
If a replacement item is required and we are unable to source one, we may offer suitable alternative items to you as a replacement. The value of any alternative item will not be less than that of the price paid for the original.
If for any reason you reject goods received, you will send back or hand over the goods to us.
7. Unwanted Items
Your rights to return unwanted goods are explained in this section.
7.1 30 Day Returns
This section applies to all customers, regardless of method of purchase and operates in addition to section 7.2.
You may return unopened, unused and undamaged (including packaging) goods to us for a full refund of the purchase price within 14 days of receipt.
Exclusions apply, you may not return any goods which are made-to-order, custom, personalised or special order.
7.2 Information Regarding Your Statutory Right to Cancel
This right exists only if you are a consumer and have entered into a distance contract, as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, using our online returns system, or e-mail). You may use our standard cancellation form, which may be downloaded from our website, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You may not return goods which have been sealed for hygiene reasons if you have broken any such seal e.g. in-ear headphones.
7.3 Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than- 14 days after the day we receive back from you any goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the goods, or
if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise or this is no longer possible; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods and make all arrangements for transit. This cost will vary depending on the product(s), your location and choice of carrier.
7.4 Additional Terms
You agree that we may supply the required information regarding your right to cancel via email and that you will supply us with a valid email address for this purpose.
If you have purchased multiple items on the same contract, you must return all goods if any of the following apply:
You have received a discount off the total price of your order e.g. a bundle discount.
You have paid for your order via our finance partner.
You are cancelling the contract using your statutory rights.
You must return any free items received as part of an offer if you cancel your order. If you fail to do so, we may deduct their value from any refund due.
8. Customs and Exporting Goods
If you attempt to export an order from us to a country outside of the AUST, you may be subject to import duties and taxes. You take full responsibility for anticipating and paying such charges and taxes. If items are opened, delayed or damaged by customs, it is your responsibility to seek recompense directly from the authority responsible. We cannot offer advice on customs issues or tax related claims, such as recovering GST on exports. It is your responsibility to claim back any such taxes as permitted by law.
9. Accuracy of Information
The photographs, dimensions, specifications and descriptions provided are shown only as a guide. Given the nature of certain consumer products, continuous product development can often mean items are updated and specifications may change over time. We bear no responsibility for any information published by a third party, for example search engines, price comparison sites, outgoing links from this website or any other source over which we have no control.
10. Sale of Non-New Items
Where you purchase any non-new item from us the following terms apply:
Items may be ex-display, unwanted returns, refurbished, repaired, damaged, second hand, ex-loan or ex-show. If listed for sale for delivery, we will describe the condition of the item If you collect the item from us, you must satisfy yourself as to its condition We cannot guarantee items are complete, or that original packaging is available. Included items such as manuals and accessories may be missing Items may not be covered by the manufacturer’s warranty, where they are, only a portion of the original cover may remain.
11. Limitation of Liability
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) nor will we be responsible for any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you place your order. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct. Subject to the preceding sentence, our maximum liability to you will not exceed the value of your order.
12. Applicable Law and Jurisdiction
The contract is subject to the law of Australia. Unless any alternative dispute resolution procedure is agreed upon between us and you, this contract is subject to the exclusive jurisdiction of the courts of Australia.