Terms and Conditions
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1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires:
(a) “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth) and any other Acts, bylaws, regulations and laws applicable in the State or Territory in which the Goods are sold.
(b) “You” means the person, firm or company purchasing the Goods.
(c) “Delivery Fee” means the fee charged by ESR in addition to the Price to deliver the Goods in accordance with clause 3.
(d) “ESR" means ESR Group Holdings Pty Ltd trading as Early Settler Furniture and Recollections.
(e) “Goods” means the goods supplied by us pursuant to any order accepted by us.
(f) “Order” means an order placed with us for the supply of Goods.
(g) “Price” means the price for the Goods ordered as agreed between us and you pursuant to these Terms and Conditions.
(h) “Privacy Act” means the Privacy Act 1988 (Cth).
(i) “We” or “us” means ESR.
1.2 These Terms and Conditions are to be interpreted according to the following:
(a) These Terms and Conditions must be interpreted so that they comply with the Australian Consumer Law. If any provision in these terms and conditions does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be severed from the rest of the terms and conditions.
(b) If you are more than one person, then these terms and conditions will bind them jointly and each of them separately.
1.3 Upon acceptance of these Terms and Conditions, these Terms and Conditions will constitute the entire agreement (“Agreement”) between us and you. Any changes to this Agreement must be in writing.
2. PRICE, DELIVERY FEE AND PAYMENT
2.1 The Price will be as indicated on:
(a) invoices provided by us to you in respect of Goods supplied; or
(b) quotation and in the absence of such a quotation in accordance with our current pricing list at the time of the Order.
2.2 We may amend the quoted Price to take into account:
(a) correction of errors or any omission made by us; or
(b) any GST or government or statutory charges, taxes and duties which may become applicable after the Price is quoted.
2.3 Verbal quotations are subject to written confirmation.
2.4 Payment (including Delivery Fee if applicable) must be made in full and cleared no less than 3 days prior to delivery.
2.5 Cheques are not accepted and a surcharge of 1% of the Price will apply if the Payment is made by credit card.
2.6 We may, in our absolute discretion, refuse to deliver the Goods if payment is not made in full in accordance with the terms of payment.
3.1 Once you are notified that the Goods are ready for collection, the Goods will be held at our store for 7 days after which period the Goods will be returned to our distribution warehouse and alternative pick up arrangements may need to be made by you.
3.2 Some Goods may not be available for collection from store locations. In these instances, Goods will be made available for collection from our nearest distribution warehouse.
3.3 If you request us to deliver the Goods, we may select a carrier to deliver the Goods to the address nominated by you in accordance with the provisions in this clause.
3.4 In addition to the Price, you must also pay the Delivery Fee. Additional Delivery Fee will apply if you fail to take delivery at the nominated address at the first instance.
3.5 The Delivery Fee is for delivery to the street address. However we or the carrier may, at your request, place the Goods within your premises at no extra charge.
3.6 You must ensure access by us or the carrier to the premises and neither we nor the carrier will be liable for any additional costs or damage incurred as a result of inadequate access to the premises.
4. RISK AND TITLE
4.1 Risk in the Goods passes to you:
(a) when the Goods are collected by you or by any person or carrier authorised to collect the Goods on your behalf; or
(b) on delivery to the street address nominated by you (if we are appointed by you to deliver the Goods).
4.2 The property and title in the Goods will not pass to you until payment required under this Agreement is paid in full.
4.3 While the property and the title in the Goods remains with us and until such time it passes to you, you must not:
(a) charge or encumber the Goods in anyway;
(b) grant or otherwise give any interest in the Goods to a third party;
(c) convert the Goods and, if so converted, we will be the owner of the end Goods; and
(d) sell or dispose of the Goods and, if so sold or disposed of, you will hold any proceeds of the sale or disposal on trust for us until you have paid for the Goods in full.
5.1 The Goods may be returned to us for exchange or refund within 21 days (usually 7 days) of purchase provided that:
(a) proof of purchase is presented;
(b) the Goods are received by us in a re-saleable condition; and
(c) the Goods are returned to the location they were originally purchased from.
5.2 You must choose the Goods carefully before placing an Order as clearance and sale items are non-returnable and are subject to limited warranty as per clause 6.3.
5.3 Exchanges, refunds and credit notes will be for the original Price of the Goods only. Shipping, handling, and insurance costs are non-refundable.
5.4 You assume all risk of the Goods and are responsible for delivery costs associated with returning the Goods to us.
5.5 Returned Goods will be subject to a 20% handling and administration charge.
6.1 We warrant to you that all Goods manufactured or supplied by us will be free from defects in material and workmanship subject to terms and conditions of this Warranty.
6.2 The period of this Warranty is 12 months from the date of purchase for all Goods (“Warranty Period”) for normal use and service. However some Goods come with an extended Manufacturer’s warranty longer than our standard Warranty Period. We will provide you with the details of any extended warranty separately.
6.3 This warranty does not apply to Goods purchased as clearance and/or sale items with pre-existing defects. You must inspect clearance and sale items carefully before purchase, as these Goods are accepted as being purchased “as is”.
6.4 If you wish to find out more information about this Warranty, you should contact us at ESR Group Holdings, PO Box 4522, Dandenong South VIC 3164, call us on 1300 653 969 or email us at firstname.lastname@example.org
6.5 We will repair or replace, at our option, any Goods that are defective by reason of faulty workmanship or defective materials. Some replacement parts may be subject to availability, and may differ from those originally supplied. In this instance, replacement parts will be of a comparable nature, with functionality equivalent to the original part. Repaired or replaced Goods or parts carry only the unexpired portion of the original Warranty Period.
6.6 Goods used for purposes other than residential purposes are not covered by this Warranty. The Warranty is also not transferable to anyone other than you. In addition, this Warranty does not cover:
(a) normal wear and tear; and
(b) anything that is a result of a natural characteristic of the material used; and
(c) damage or defect caused by abuse, alteration, misuse, incorrect assembly, incorrect installation, storage or inappropriate handling; and
(d) all plumbing and electrical products which are not installed by a qualified tradesperson; and
(e) all defects caused as a result of your failure to follow the care instructions which are included with the Goods.
6.7 If the Goods you purchased exhibit a defect covered by this Warranty within the Warranty Period, you must contact the store where you originally purchased the Goods. You must produce the original purchase receipt as proof of purchase for all claims under this Warranty. If the original proof of purchase cannot be provided, we may accept alternative proof of purchase at our discretion.
6.8 All Goods claimed under this Warranty must be returned to their original purchase location. We will inspect the Goods claimed by you to be defective to determine its condition and our liability under this Warranty.
6.9 All repair or replacement parts and/or Goods will be at our expense, but you will be liable for all other expenses, including but not limited to, cost of removal, transportation, reinstallation, communication and any special service requested by you such as labor.
6.10 The benefits to you given by this Warranty are in addition to other rights and remedies you may have under a law in relation to the Goods to which this Warranty relates. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
7. OUR LIABILITIES
7.1 Upon delivery of Goods you must inspect the Goods and notify us in writing within 7 days of delivery of any faults, defects, damages or inconsistency with the quantity, quality, description or quotation in respect of the Goods delivered. If you fail to comply with this clause the Goods will be deemed to be free of any defect and you are deemed to have waived any right of claim in respect of the Goods under this clause.
7.2 We will not be liable for:
(a) any costs or losses suffered by you including any consequential loss, damages or loss of profit as a result of any defects in the Goods or any failure, malfunction, breakdown or deterioration of the Goods;
(b) due to a cancellation of an Order by us or any delay in or failure of delivering the Goods; and
(c) any change in the law that becomes effective after the Order is placed, which may affect the Goods supplied.
7.3 In any event ESR’s liability will be limited to damages to the Goods and the Price of the Goods.
7.4 Save and except for the express terms, conditions and warranties contained in this Agreement all other terms, conditions and warranties expressed or implied by statute, the common law, equity or otherwise howsoever are expressly excluded provided that nothing in this Agreement is intended to exclude or limit our liability or your rights and remedies for any breach of a term or condition implied by the Australian Consumer Law, the exclusion or limitation of which is not permitted by law.
8. YOUR REPRESENTATION AND ACKNOWLEDGEMENT
8.1 You are not entitled to repudiate, rescind or cancel this Agreement due to, sue for damages or claim restitution arising out of:
(a) any delay by us in delivering the Goods howsoever caused; and
(b) any misrepresentation, undertaking or promise made to you by any of our servants or agents or any person purporting to act on our behalf.
8.2 You acknowledge that you buy the Goods relying solely upon your own skill and judgement and that we are in no way bound by or responsible for any term, condition, representation or warranty other than those contained in this Agreement.
9. FORCE MAJEURE
9.1 We will not be liable for failing to comply with our obligations under this Agreement due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond our reasonable control.
10.1 All information supplied to us by you will be maintained by us in accordance with its obligation under the Privacy Act. Please refer to www.earlysettler.com.au for further details.
11. PRODUCT AVAILABILITY
11.1 Due to popularity or interruption of supply, some items may be unavailable or out of stock for purchase in-store or online. As our stores vary in size and it is possible that not all items are displayed in our stores. However, all items can be ordered. Please call your local store by visiting our Store Locator or contact a member of our customer service team on 1300 653 969 to enquire whether the item is on display or available. We reserve the right to make changes to stock at any time and without notice.
12. COLLECTING YOUR ORDER
12.1 You will be contacted when your order is ready for collection. The person collecting the order must; collect the order from the store selected when the order was placed; provide a copy of the order confirmation and/or invoice; provide evidence of the card used for payment when collecting you order.
13. NON COLLECTION & STORAGE COSTS
13.1 You must pick up your order within 7 days of being notified that your goods are ready for collection. Orders not collected after this time may be cancelled or incur storage charges. If after 7 days your order has not been collected, a charge of $50 per week may be charged and applied to your invoice for a maximum of 2 weeks.
13.2 If you have not picked up your order after 3 weeks, your order will be cancelled, the goods returned to stock and a 20% cancellation fee will apply.
|21+ days||Order cancelled with 20% cancellation fee|
14. FINANCE OPTIONS
14.1 ZipMoney is a payment option available as a flexible payment option for Early Settler customer on online and in-store orders (Geelong store only) and is only available on orders above $1000.