FRAMELESS WAREHOUSE TERMS AND CONDITIONS OF SALE
Welcome and thankyou for choosing to browse and shop with FRAMELESS WAREHOUSE through use of our website www.framelesswarehouse.com.au/ These are the Terms and Conditions (Terms) which govern your use of the www.framelesswarehouse.com.au website and purchase of goods instore or over the phone.
1. USER AGREEMENT/LEGAL CAPACITY
TOGETHER THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY NOTICE CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH FRAMELESS WAREHOUSE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEBSITE, ANY MEMBERSHIP YOU MAY ESTABLISH ONSITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS/SERVICES OFFERED ON THIS SITE. BY ACCESSING AND/OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AUTHORITY AND CAPACITY TO ENTER THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAYNOT ACCESS OR USE THIS WEBSITE UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS SET OUT IN THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE OUR WEBSITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEBSITE.
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us, purchase products, subscribe to our newsletter or send us an email.
For the purposes of these Terms: “Content” includes all or part of any text, graphics, layout, logos, images and product details available on the Site from time to time; “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos or product details.
No terms and /or conditions sought to be imposed by the Customer upon FRAMELESS WAREHOUSE shall apply unless agreed to in writing by FRAMELESS WAREHOUSE.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3. About us and our business
The Site is operated by FRAMELESS WAREHOUSE (AUST) PTY LTD. We are a business registered in VIC, Australia with ABN 29 676 417 100. Our registered office address is 86 Latitude Blvd, Thomastown Vic 3074, Australia
4. Australian Sales Only
We only sell and ship products within Australia. We will not make deliveries outside ofAustralia.
5. Orders
Please choose carefully as refunds are not normally provided where you have simply changed your mind or made a wrong selection . We recommend that you very carefully preview any proposed orders before adding them to your shopping cart and proceeding with your order.
Representations of products for sale made from FRAMELESS WAREHOUSE through the website do not constitute an offer to sell but an invitation to treat.
When entering into a sale contract via our website, in store, email or over the phone, you will be taken to have communicated your Offer to Purchase the product(s) only when :
- Any requirements set out in these terms have been met.
- The electronic instruction containing the offer from you enters and is recorded in our database.
- A record is created and stored in our data base and
- FRAMELESS WAREHOUSE receives in its bank account full payment from you for the product including any applicable delivery charges and confirmation of payment is received by our data base.
also acknowledge that
- The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by FRAMELESS WAREHOUSE for reasons beyond either parties reasonable control including but not limited to electronic failure, mechanical, software, computer or telecommunications or the omission or failure of third party website providers/systems.
- To the extent permitted by the Law, FRAMELESS WAREHOUSE is not liable to you in any way for any loss or damage at all and however caused, arising either directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason
- FRAMELESS WAREHOUSE may act on and process all completed electronic instructions transmitted or issued through the website without any further consent from or reference to you and
- FRAMELESS WAREHOUSE can treat an electronic instruction as authentic and is under no obligation to investigate the authenticity/authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- If your order is not accepted by FRAMELESS WAREHOUSE, we will notify you by either email or telephone and arrange a full refund of any payment made by you to be processed.
- FRAMELESS WAREHOUSE may in its sole and absolute discretion, accept or reject any offer made by you for any or no reason including an error in the advertised price, or description of the products on the website, or an error in your Order.
- Any representations made about stock availability are accurate at the last known stock level and are subject to change. If FRAMELESS WAREHOUSE cannot supply you a product , we will notify you by either telephone or email as soon as practical.
- FRAMELESS WAREHOUSE will be deemed to have accepted your ORDER by email of a Tax Invoice and fulfilment of your Order.
- If your Order was placed Instore or Over the Phone, it is your responsibility to check that the Order is correct and to make any necessary amendments.
6. Purchasing from framelesswarehouse.com.au
You may purchase goods from us by completing an order online and making a payment for that Order.
When ordering via our website, you will be asked to register as a member of framelesswarehouse.com.au before you make a purchase. We will store your name, address details, phone number and email address only.
When you place your order online, we will issue you with a confirmation email and an order number. By placing an Order via any method, you accept these Terms and Conditions.
7. Payment Methods and Processing
Payments are to be made on or before supply/delivery of Products from FRAMELESS WAREHOUSE.
We accept payment by Visa and MasterCard and payment via direct Bank Transfer to the FRAMELESS WAREHOUSE nominated bank account.
Orders placed on a weekend or a public holiday will not be processed until the next business day. Business days are Monday through Friday, excluding VICTORIAN GAZETTED Public holidays.
We process credit card payments after you complete your order online.
All online credit card payments are made through the securepay service (www.securepay.com.au). We do not store your payment card details on our system.
8. Prices and GST
All prices are in Australian dollars (AUD$) and GST (currently 10%) is added at point of finalising your purchase.. All prices are correct at time of publication, however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.
Product prices exclude shipping costs. Refer to the Delivery and Returns section for current shipping prices.
9. Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation. If we cannot supply a product ordered by you for any reason, we will inform you by email or phone. You may specify an alternative product, exclude the product from the order or cancel the order. If the content of your order changes we will refund part or all of your payment as required or accept a further payment from you if the order total increases.
When your order has been dispatched, we will email you to confirm shipment.
10. Stock Discretion
FRAMELESS WAREHOUSE has a continuing discretion to allocate available stock and gives no warranty as to certainty of supply.
11. Delivery Policy
Delivery to Melbourne Metropolitan areas (30km from CBD) is based on the type and size of order.
A) For small parcel delivery -$35
B) For Large/Pallet delivery -Price on Application
C) For orders including glass panels -$75 (driver only)
Delivery to areas outside Melbourne Metropolitan areas (30km from CBD) is based on the type and size of order – Prices on Application
A) For small parcel delivery – Price on Application
B) For Large/Pallet delivery – Price on Application
C) For orders including glass panels – Price on Application
Delivery charges are subject to change and will be confirmed prior to making any final arrangements, as such the prices stated are only indicative.
ALL ORDERS require a signature on delivery unless, in your judgement, it is safe to leave goods, in which case we will follow your delivery instructions. We recommend using a business address, or other delivery address which is attended during business hours.
We use local couriers to dispatch most orders. If a signature cannot be obtained your order will be taken to the local post office for collection but please help us keep our prices low by minimising these collections. If premises are unattended a card will be left with instructions on how to arrange re-delivery.
If you ask us to leave goods without obtaining a signature on delivery this is done entirely at your own risk. Title to all products and risk of loss passes to you on delivery and we are not responsible for any loss once delivered to your instructions.
FRAMELESS WAREHOUSE accepts no responsibility for delivery but may elect to arrange delivery at its discretion and without any liability and at the Customer’s cost and responsibility in all things.
FRAMELESS WAREHOUSE reserves the right to charge for any delivery.
The Customer shall be deemed to have accepted the delivery and risk in the Products immediately when they are delivered to a carrier or to the Customers nominated delivery address, site or business address whether attended or not ( this also applies also if the Customer postpones collection or refuses to collect the Products).
A document signed by a representative of FRAMELESS WAREHOUSE confirming delivery shall be conclusive evidence of delivery as with any signed delivery docket.
FRAMELESS WAREHOUSE will not be liable for any delay, failure or inability to deliver any of its Products.
COMPLICATED(FUTILE) DELIVERY- If more than 30 minutes is spent in attempting to or effecting delivery or delivery requires more than one attempt, the Customer agrees to pay all costs associated thereto together with administration fee of 10% to cover costs.
12. Cancellation of an order
Variation or cancellation of any order, dealing or arrangement must be agreed in writing.
13. Returns
If you are not completely satisfied with any product for any reason, you may return it to us within 30 days of your order date subject to the following conditions:
- Returned goods must be unused and in original packaging
- You are responsible for the goods until they are in our possession. We strongly recommend that you return items using registered post or another “signed-for” method of delivery to ensure they reach us safely.
- Our shipping costs are not refundable unless you are returning goods due to a mistake by us.
- You are responsible for the return shipping costs unless you are returning goods due to a mistake by us
Products from our Warehouse Clearance /Specials section are not returnable/refundable. - You must contact us before returning any goods.
- We will provide a Return Number and details on how to return your goods .
- A 20% surcharge may be charged for glass to be exchanged.
- A 10% re-stocking fee will be applied for goods picked before cancellation.
- An administration/handling fee may apply to refunded amount (fee is waived if you elect to receive a store credit)
14. Exchanges
Exchanges will be given as store credits with the following conditions:
The product is to be returned to our warehouse at your own cost
Store Credit applies only to the purchased price of the product.
Store credit does not apply for freight or postage.
A 20% surcharge may be charged for glass to be exchanged
15. Faulty Products
Products which are accepted in writing by FRAMELESS WAREHOUSE as defective may be returned and
(1)Be replaced free of charge (does not include labour, transport or material costs).
(2)Be the subject of a store credit for the invoiced value.
16. Limitation of Liability
FRAMELESS WAREHOUSE warrants that the products comply with the warranties included in any warranty document given to the Customer any guarantees that apply compulsorily under the “Australian Consumer Law”.
To the extent permitted by Law, all other guarantees, warranties, undertakings or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Conditions or any Warranty Document are expressly excluded.
If the Customer is a Consumer and any Products supplied by FRAMELESS WAREHOUSE are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that FRAMELESS WAREHOUSE’S liability for failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Products (other than a guarantee under sections 51,52 and 53 of the Australian Consumer Law) is Limited, at the option of FRAMELESS WAREHOUSE to one or more of the following:
(i) The replacement of the Products or the supply of equivalent goods
(ii) The repair of the Products
(iii) The payment of cost of replacing the Products or of acquiring equivalent goods or
(iv) The payment of the cost of having the Products repaired.
If the Customer is not a Consumer to the extent permitted by Law, FRAMELESS WAREHOUSE will not be liable in any circumstances for any
(i) Loss or damage to any property or person whatsoever resulting from the provision of the Products.
(ii) Loss arising from delay in delivery or
(iii) Consequential Loss
Defective Products – Subject to the “Limitation of Liability “ clauses any products which are accepted in writing by FRAMELESS WAREHOUSE may be returned and
(a) Be replaced free of charge (does not include labour, transport or material costs.) OR
(b) Be the subject of a credit for the invoiced value.
17. On – Sell
The Customer agrees that upon on-sale of any Products to inform any third party involved of these Terms and Conditions and in particular the provisions of “Limitation of Liability”.
18. Indemnity
The Customer indemnifies FRAMELESS WAREHOUSE against any claim or loss arising from or related in any way to any contract or dealing between FRAMELESS WAREHOUSE and the Customer or anything arising therefrom as a result of or subsequent to any breach by the Customer of these Terms.
19. Security Statement
We use the SecurePay (www.securepay.com.au) payment processing service for credit card payments. This service authorises your payment and debits your card in real-time in a SSL secure environment. We do not save your payment details or your payment card number.
The movement of data between your computer and our website is secured by industry-standard security technology (SSL – secure sockets layer) provided by GeoTrust. For more information visit www.geotrust.com/au
To the extent permitted by Law, FRAMELESS WAREHOUSE will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a Credit Card account is fraudulently used or used in an unauthorised manner.
20. Use of Materials Limitations
All materials contained in this website are the copyrighted property of FRAMELESS WAREHOUSE.
Unless otherwise specified, these materials are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our website without written permission from FramelessWarehouse.com.au.
21. Suitability of Information
We make no representations about the suitability of the information we provide in our website for any purpose. All information is provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall FRAMELESS WAREHOUSE be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of information provided in our website.
You assume all risks concerning the suitability and accuracy of the information within our website. The information provided in our website could include technical inaccuracies or typographical errors. FRAMELESS WAREHOUSE may make improvements and/or changes in the information and product(s) described herein at any time without notice.
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
22. Suitability and Fitness of Products
FRAMELESS WAREHOUSE makes no representations about the suitability or fitness of any of the products we sell or any purpose or application.
In no event shall FRAMELESS WAREHOUSE be liable for any damages whatsoever resulting from the incorrect or inappropriate use of products supplied, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of products sold in our website.
If you are in any doubt as to the proper usage of a product purchased from FRAMELESS WAREHOUSE, you should consult an appropriate professional for advice.
23. Indemnity
The Customer indemnifies FRAMELESS WAREHOUSE against any claim or loss arising from or related in any way to any contract or dealing between the Customer and FRAMELESS WAREHOUSE or anything arising therefrom or arising as a result of or subsequent to any breach by the Customer of these Terms.
24. Placement of Orders
If any dispute arises concerning any order (which includes any measurement, quality, quantity, identity or authority or any telephone, facsimile, e-mail or computer generated order) the internal records of FRAMELESS WAREHOUSE will be conclusive of what was ordered.
25. FORCE MAJEURE
FRAMELESS WAREHOUSE will not be in default or breach of any dealing with the Customer as a result of anything beyond FRAMELESS WAREHOUSE’S reasonable control (a Force Majeure event), including but not limited to failure or interruption in the provision of essential services such as electricity supply, bank payment systems, deliveries.
26. Severability
Any part of these Terms can be severed without affecting any other part.
27. Jurisdiction
All contracts made with FRAMELESS WAREHOUSE shall be deemed to be made in the State of Victoria (Australia) and the parties submit to the exclusive juridiction of the Courts of that State.
28. CREDIT ACCOUNT CUSTOMERS
Credit customers must pay the price for the Products in accordance with the Terms of their approved Application for Credit Account or otherwise within 30 days of INVOICE DATE (in each case without deduction or set off.)
28.1 Privacy Act
Customers applying for a Credit Account with FRAMELESS WAREHOUSE also agree that FRAMELESS WAREHOUSE can obtain from a Credit Reporting Body a credit report containing personal credit information (for example – full name, address, date of birth, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by FRAMELESS WAREHOUSE.
The Customer agrees that FRAMELESS WAREHOUSE may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:-
(i) To assess an application by the Customer and/or
(ii) To notify other credit providers of a default by the client and/or
(iii)To exchange information with other credit providers as to the status of this credit account, where this Customer is in default with other providers and/or
(iv) To assess the creditworthiness of the Customer including the Customer’s repayment history in the preceeding two years.
FRAMELESS WAREHOUSE may give information about the Customer to a Credit Reporting Body for the following purposes:
(a) To obtain a Consumer Credit Report
(b) Allow the Credit Reporting Body to create/maintain a credit information file about the Customer including credit history.
28.2 Interest –Credit Account Customer
Interest is payable on overdue accounts at the discretion of FRAMELESS WAREHOUSE at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus an additional 5%. Interest will be calculated daily, capitalised monthly and is repayable on demand.
28.3 Ownership-Credit Account Customer
Property in ownership of the products does not pass until payment has been made in full of the Credit Account.
FRAMELESS WAREHOUSE reserves the right to take possession and dispose of products as it sees fit at any time until full payment of the Credit account is made to FRAMELESS WAREHOUSE.
The Customer grants permission to FRAMELESS WAREHOUSE to enter any property where any PRODUCT is kept in order to do so with such force as necessary.
Risk of Loss and Damage to the Products passes to the Customer upon the Products leaving FRAMELESS WAREHOUSE premises whether or not FRAMELESS WAREHOUSE arranges delivery.
A document signed by an officer of FRAMELESS WAREHOUSE identifying FRAMELESS WAREHOUSE products and stating that monies are owing to FRAMELESS WAREHOUSE will be conclusive evidence of FRAMELESS WAREHOUSE title to the Products.
28.4 Default-Credit Account Customer
If Default occurs:
(1) FRAMELESS WAREHOUSE may retain all monies paid under and in relation to this agreement.
(2) The Credit Account will immediately become due and payable
(3) Further deliveries to the Customer may cease.
(4) Interest on the full amount may be charged until the Credit Account is paid in FULL.
(5) FRAMELESS WAREHOUSE may terminate this Agreement and issue proceedings to recover the full amount of the Credit Account and any
loss of profits without prejudice to any of FRAMELESS WAREHOUSE’S other rights.
(6) Recovery Costs – The Customer will pay on a full idemnity basis all costs and expenses of FRAMELESS WAREHOUSE, its legal advisors,
mercantile agents and
other acting on its behalf bin respect of anything instituted or being considered as a result of any breach of these TERMS or any
dealings with FRAMELESS WAREHOUSE.
(7) Should the Customer restructure, the Customer will notify FRAMELESS WAREHOUSE of any change in Director, Management, Partnership, Shareholder,
trusteeship or sale on any material part of its business within 7 days of any such change.
(8) FRAMELESS WAREHOUSE can vary or withdraw any Credit Facility/Limit at any time at its discretion and without any liability to the Customer or any
other party.
29. Waiver
If FRAMELESS WAREHOUSE elects not to exercise any rights arising as a result of breach of these Terms this will not constitute a waiver of any rights relating to any subsequent or other breach.
