TERMS & CONDITIONS OF TOKENS OF LIVING
In these Terms and Conditions, “the Seller” shall mean TOKENS OF LIVING (ABN 82.460.508.980) and “the Buyer” shall mean the Purchaser of the products.
1. If the Buyer makes an order, the Buyer is responsible to verify the colour, finish, design and dimension of the product by inspection of the sample of the product in the Seller’s showroom. If the Buyer elects not to carry out such verification and inspection at the Seller’s showroom, the Buyer shall make such
order at its own risk.
PAYMENT AND DELIVERY
2. Prices are excluding delivery and incl gst.
3. Where the Buyer’s Order is a Regular Order (that is, an Order from the Seller’s Catalogue or sample from the Seller’s Showroom), the Buyer must pay a deposit equivalent to 30% of the Sales price set out in the Invoice/statement. Where the Buyer’s Order is a Custom Order (that is, the product is made according to the special request or design required by the Buyer, the Buyer must pay a deposit equivalent to 50% of the Sales price set out in the Invoice/statement.
4. Delivery is carried out by either the Buyer’s delivery service or the Sellers preferred delivery company.
5. Seller takes no responsibility or liability about the delivery.
6. Transportation insurance needs to be taken out by Buyer.
7. Delivery prices are to be negotiated between delivery company and the Buyer. Buyer will pay the delivery company directly.
8. Delivery can only take place if the full amount is paid by the Buyer.
9. The delivery date of the products provided by the Seller is an estimate only.
10. If the Buyer requests the Seller to assemble the product at the Buyer’s premises, the Buyer agrees to
remove all valuables and home contents and effects prior to the assembling of the product by the Seller.
11. The Buyer shall take full responsibility of the valuables, home contents and effects.
If the Buyer fails to remove any valuables, home contents and effects and requires that the assembling takes place, the Seller is not liable for any accidental damage to such valuables, home contents and effects. The Buyer shall not be entitled to make any claim whatsoever in respect of any accidental damage caused by the Seller to the Buyer’s valuables, home contents and effects.
12. If there is any damage to the product which is not detectable at the time of delivery, the Buyer must forward a written report of the damage to the Seller within 48 hours of receipt of the product. If the Seller does not receive any damage report from the Buyer within such period, no claim for damage will be processed by the Seller and the Buyer shall waive all claims for damage.
13. Where the Seller has notified the Buyer that the product is ready for collection or delivery.
If the Buyer does not make any arrangement for collection or delivery of the product and the product is not collected or delivered within 21 days from the date of notification by the Seller, the Buyer agrees to pay a daily storage charge equivalent to 0.3% of the sale price of the product from the date (being 21 days after the date of notification) to the actual date of collection or delivery, both days inclusive for a maximum of 90 days from the date of first notification by the Seller. If no arrangement is made by the Buyer to collect or deliver the products within the 90 days period of notification, the Sales Order will be cancelled and all monies paid will be forfeited.
14. The Buyer acknowledges that there may be a slight variation in respect of the material, colour, finish, craftsmanship, and dimension between each piece and between the products received by the Buyer and the products displayed in the Seller’s showroom. The Buyer shall not be entitled to make any claim whatsoever in respect of such slight variation.
15. All catalogues, photographs, brochures and any presentations provided by the Seller are for illustrative purpose only. It is the Buyer’s responsibility to ensure that the size, colour and design or the products are suitable for the Buyer’s premises. The Buyer shall not be entitled to cancel order or return the product for change of situation, change of mind or on the basis of the product not of the right size or the colour or design of the product does not match or is not suitable for the Buyer’s premises. The Buyer is not entitled to exchange for forward order, custom made products or assembled products. Where the Seller agrees to accept the cancellation of the product (at the Seller’s absolute discretion and although the Seller has no obligation to do so), the Seller shall be entitled to charge for the cancellation an administration fee equivalent to 30% of the sale price in case of a Regular Order and 50% of the sale price in case of a Custom Order.
16. The risk of damage or loss of the products shall be passed to the Buyer upon collection or delivery. The title of the product remains with the Seller until the sale price of the product and all other outstanding balance in the Sales Order is paid in full (either by cash or until the clearance of any cheque is received from the Buyer). The Seller reserves the right to repossess and recover the product from the Buyer prior to the payment in full of any amount outstanding in the Sales Order.
17. In addition to any other remedies that the Seller may have, the Seller shall be entitled to charge interest at the rate of 10% per annum calculated daily for any outstanding balance for the Sales Order from the date of collection or delivery of the product to the date of final payment in full. The Buyer agrees that the interest charged by the Seller under this Clause is a genuine estimate of the loss suffered by the Seller.
18. The Buyer is liable to pay any loss or additional costs incurred by the Seller through the Buyer’s instructions or lack of instructions or through the Buyers failure or delay in taking delivery or through any acts or default on the part of the Buyer, its agents or representatives.
19. The Seller agrees not to disclose any private and confidential information collected from the Buyer to any entity outside the Seller’s organization.
LAW AND JURISDICTION
20. The Sales Agreement is governed by the law in force in New South Wales.
21. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Sales Agreement.
22. Seller guarantees to repair or replace any part or the product ( “the goods”) with a manufacturing or structural defect for a period of one year from the date of purchase(“the guarantee period”), this is provided that the defect is not a result of normal wear and tear, or a natural characteristic of the material used.
23. This warranty is in addition to the rights granted by relevant State and Federal laws and in particular the Trade Practices Act 1974 and corresponding State Fair Trading legislation. The company’s liability is limited to the goods replacement only.
24. The warranty is extended to the original purchaser at the original delivery address.
25. The warranty shall become void if the goods are used as commercial or outdoor purpose or exposed directly to the sunlight, extreme heat or bright light such as sun lamps.
26. No claim can be made by the purchaser under this warranty if: - Any damage caused by accident, abuse, neglect, negligence. - Any damage caused by improper handling such as dragging without lift-up or cleaning with corrosive solvent. - Any damage directly or indirectly caused by unprofessional assembling, unauthorised repair, alteration, modification or act of God.
27. The Buyer must at his/her expense return the defective goods and proof of purchase to the Seller.
The company reserves the right to determine whether the goods shall be repaired or replaced.
28. The Seller reserves the right to charge for any service not covered by this warranty.
30. Antiques and used items will not carry any warranty.
29. Items bought with sale discount do not carry any warranty and can not be returned to Seller.