Agreement between User and Exclusive Furniture and Bedding
The website (“Website”) of Exclusive Furniture and Bedding is offered to you, the user, on condition you accept - without modification - the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices. In these terms, conditions, and notices, "we", "us" mean Delacra Enterprises Pty Ltd trading as Exclusive Furniture and Bedding (ABN – 33 609 473 538) and "you" means you the customer. These terms, conditions, notices together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We sell and ship Products only within Australia. We will not make deliveries outside of Australia.
Legal Capacity to Transact
If you are under the age of eighteen (18) years, you cannot place orders with Exclusive Furniture and Bedding. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Exclusive Furniture and Bedding suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Exclusive Furniture and Bedding.
Creating an account
In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be required to enter personal information such as your name, delivery address, billing address, phone number and email address.
Exclusive Furniture and Bedding may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest.
By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
Placing an Order for Products
You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
Any Order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order from Exclusive Furniture and Bedding.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details on the Site when asked to do so for the fulfilment of your Order.
Acceptance of an Order
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Exclusive Furniture and Bedding will make every effort to supply the Product/s to you. We will notify you that your Order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your Order is placed. Your Order will, however, not be processed until full payment has been cleared and received by Exclusive Furniture and Bedding. We will not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Exclusive Furniture and Bedding reserves the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.
If we cannot process or accept your Order after payment is received, Exclusive Furniture and Bedding will contact you by email or telephone and arrange to refund your payment. We will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being incorrect.
Payment Methods and Processing
Exclusive Furniture and Bedding currently accepts major credit cards (Visa, MasterCard and American Express) and PayPal.
Payment processing will not begin until we receive all the information we need to process the Order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on the specific State or Territory).
Payments must be made via the PayPal and/or eWAY secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
If we are unable to successfully process your PayPay or credit card payments, then we may cancel your Order.
All payments must be made in full prior to delivery.
Exclusive Furniture and Bedding reserves the right to change prices for Products displayed at any time before you place an Order. The price of products shown excludes delivery costs (if applicable). Delivery cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. There may be additional delivery fees payable based on the location and logistics for delivery. We reserve the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).
Supply and Delivery of Products
Subject to you complying with these Terms and acceptance of your Order by Exclusive Furniture and Bedding, we will sell and supply the products to you as shown on your Order confirmation.
Products may not be available for immediate delivery. We will make every effort to deliver your Order within the time frame indicated at the time your Order was placed. You agree that your Order for any item not in stock may take up to sixteen (16) weeks to be delivered to you from the date you place your order.
Exclusive Furniture and Bedding works with a number of delivery partners and freight companies in order to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your Order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your Order is finalised.
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. Although every effort is made to deliver your Order according to the estimated delivery times provided, shipping times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. Products ordered through the Site will only be delivered to a location where we can provide a delivery service. We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard delivery services. You may receive multiple deliveries for your Order.
Exclusive Furniture and Bedding offers a premium white glove delivery service free of charge to specific locations. Some locations will require a minimum order so as to qualify for the complimentary delivery service. This service will include:
- Contacting you within 2-3 working days to arrange an appropriate time for the delivery and installation of your goods;
- Placing the furniture in the room of your choice, assembling it (if required) and removing all packaging; and
- Contacting you within 90 days of delivery to confirm that you are satisfied with your purchase and to establish whether you require any additional assistance.
We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
Exclusive Furniture and Bedding or our delivery company may need to contact you via telephone to arrange a delivery date and time frame for certain products. 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 $500 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.
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.
(a) acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your Order; and
(b) will ensure that the person receiving the goods is over the required age as prescribed by law.
You must provide clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
Ownership of the goods described in the order shall remain with Exclusive Furniture and Bedding until all of the following events have been completed:
- Payment of all monies via chosen method
- Delivery of the goods
You are responsible for the selected goods fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination.
If you are in breach of any of these terms and conditions we reserve the right to cancel the Order and refund any amounts paid for that Order under these terms and conditions excluding any delivery fees.
Should you arrange your own delivery then the goods become your responsibility upon collection from our premises.
Cancelling an Order
We may cancel any part of an Order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that Order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that Order; or
(c) that we reasonably believe your Order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Refund Policy.
Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your Order that we notify to you when you place your Order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in Australian dollars.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
The Competition and Consumer Act 2010 and similar legislation in Australian State and Territories may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but we exclude all other conditions and warranties implied by custom, law or statute.
To the extent permitted by law and subject to your rights and remedies available at law, neither Exclusive Furniture and Bedding nor its partners, affiliates, representatives or associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
You acknowledge and agree that by using the Exclusive Furniture and Bedding website you use it at your own risk.
Exclusive Furniture and Bedding does not represent or warrant:
a) that your use will be uninterrupted, timely, secure or free from error;
b) the accuracy of any information obtained by you as a result of your use of the Exclusive Furniture and Bedding website, and
c) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Exclusive Furniture and Bedding.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
Changes to these Terms and Conditions
These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your Order.
By providing Exclusive Furniture and Bedding with your email address, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Exclusive Furniture and Bedding.
You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Please note: If you unsubscribe from our email newsletters, you will still receive order-related emails, including order confirmations and shipping confirmations. Exclusive Furniture and Bedding may also contact you by email regarding any questions related to your Order or any contests or promotions you enter.
We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
When making purchases using the Site, your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology.
Enforceability and Jurisdiction
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Risk of Loss and title in Products
Risk in the Product passes to you on the date and time of delivery to the delivery address, or upon pickup by you.
Exclusive Furniture and Bedding shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Exclusive Furniture and Bedding, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.
Product Descriptions and accuracy of Site
Exclusive Furniture and Bedding attempts to be as accurate as possible in its featured product descriptions, however, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Exclusive Furniture and Bedding will attempt to rectify any errors as quickly as possible.
The images on this site are provided to assist you in choosing the right Exclusive Furniture and Bedding product for your home. These images can be helpful in determining considerations such as colour and other related characteristics of the item. These images are meant to be samples only and are not intended to provide a perfect match to the actual product. Colours and image size may vary based upon your screen resolution and other computer settings outside of Exclusive Furniture and Bedding’s control. The image may differ from the actual product due to reproduction limitations of the image and limitations of viewing images at different resolutions, hue, brightness, contrast, and other screen variations. Therefore, Exclusive Furniture and Bedding shall not be held responsible for any variation between the images on this website and the actual item you receive.
Exclusive Furniture and Bedding reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, including colours and grain changes may occur and must be considered natural features of real timber.
Reliance on product information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. We do not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
Copyright and trade marks
Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
If you have any comments or questions regarding the Products and Services featured on the Site please email info@exclusive furniture.com.au.
Exclusive Furniture and Bedding may use your personal information to communicate with you and to send you information by email, text message, postal mail, telephone, or other means about our products, services, contests, and promotions, including marketing communications that we believe may be of interest to you. You will always have the choice not to receive marketing information or calls.
The personal information you provided us will be kept confidential and secure and will not accessible for unauthorised use, amendment or disclosure.
Cookies are used on the site to help customers access and track items in their shopping cart. A cookie is sent to the individual to identify them when they return to the site for the purpose of viewing items left in their shopping cart.
Because our customers and their privacy are top priority at Exclusive Furniture and Bedding we use the most secure transaction software available. All credit card orders on Exclusive Furniture and Bedding are processed on a secure server. Any credit card or other personal information you provide is protected by encryption using Secure Socket Layer Protocol (SSL).