Terms and Conditions
This is the Terms & Conditions of the www.buzzfurniture.com.au website.
Once an order is placed by the Customer and accepted by the Company, if the Customer thereafter wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to that point in time.
Terms of payment are strictly prior to delivery of goods when purchasing through www.buzzfurniture.com.au. Credit accounts may only be granted when negotiated with the Company Owner directly, and will be confirmed in writing.
Delivery and Risk
Delivery of goods shall be effected by the Company to the Customer:
– subject to availability; and
– without any liability on behalf of the Company for any delays.
Once the goods have been delivered by the Company to the site of the Customer, all risk in and to the goods shall pass to the Customer.
Claims and Returns
All claims for any damage and/or defect in the goods purchased by the Customer must be made to the Company in writing within 3 days of delivery of the goods otherwise the goods are deemed to be received in good order and condition. Returns and Cancellations can only be conducted upon current website stocked items that are unused, undamaged and fully marketable. All returned products by the Customer are subject to a 40% restocking fee. If you are returning a product please make sure it is well protected and packaged similar to the way you received the product and returned to the warehouse nominated by Buzz Furniture. Non-standard products that consist of made-to-order sizes or colours can be cancelled, but material and labour costs will not be credited.
Shipping and Changes
Approximate and projected lead time for all stocked items is 3-5 business days, however any time or date for delivery stated or quoted by the Company shall be treated as an estimate only. While every effort will be made to dispatch and deliver goods within the timescale quoted no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period. The Company will not be liable for any loss or damage whatsoever (including consequential loss, loss of profit, or injury during assembly of products) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused. The Company strives to deliver all orders correctly and on time every time, but if any order is delivered incorrectly or with incorrect parts the Company will not be liable for any loss of time or will not be able to compensate in any way whilst the order is corrected. Orders cancelled because of delayed delivery will be subjected to any delivery costs that have been incurred by the Company.
Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid.
Retention of Title
Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company.
If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer’s premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
Until the goods are paid for in full, the Customer shall;
– keep the goods on behalf of the Company fully insured against loss; damage and destruction;
– keep the goods clearly identifiable; and
– not grant any charge or mortgage over the goods or otherwise encumber the goods.
If the Customer sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.
The Customer shall not be entitled to make any deduction in respect of the prices agreed to by the Company relating to any set-off or counter-claim by the Customer against the Company.
Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company on a solicitor and own client scale.
The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to.
Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of Victoria and the courts having such jurisdiction in Victoria. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.
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