These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: DEMERTJIS & RUHS PTY LTD trading as DJC FURNIURE
ABN: 91 934 736 977
Our address is: UNIT 4, 109 JUNCTION ROAD MOOREBANK, SYDNEY, NEW SOUTH WALES 2170
You are: a visitor to Our Website / our customer
The terms and conditions
Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
Our contract with you
These terms and conditions apply:
So far as the context allows, to you as a visitor to Our Website; and
In any event to you as a buyer or prospective buyer of our Goods.
We shall accept your order by e-mail confirmation. That is when our contract is made.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
Unfortunately, we cannot guarantee that Goods advertised on our website are available.
If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
accept the alternatives we offer;
cancel all or part of your order;
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [30] days from the date of cancellation of your order.
Your account with us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
We reserve the right to refuse you access to Our Website.
Price and Payment
We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price. Prices include Australian good and service tax. All prices displayed are exclusive of delivery & handling charges. These costs are additional to the listed product price.
For all standard orders full payment must be paid before delivery of goods. A minimum of $100 is required on these orders.
For all pending orders the customer must pay a deposit equivalent to 30% of the sale price. ( These are orders that are not in stock and have to be ordered in standard form from the supplier)
For all custom made orders the customer must pay a deposit equivalent to 50% of the sale price. ( These are orders that are not in stock and have to be ordered that are of special design or colour as specified by the customer).
No Order shall be processed until the deposit is paid by the customer.
Payment is required within seven days of placing the order. Online orders are processed and paid by paypal at the time of purchase.
We accept the following payments:
- Paypal (Online Payments)
- Visa, Mastercard and cash payments can be made at any one of our stores or over the phone by calling 02 9602 0048
- Bank cheque, cheque and direct deposit (5 days needed to clear before delivery)
Delivery
Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.All orders will only be delivered to a residential or businesses address and require a signature upon receipt.Our standard delivery fee includes delivery and placement of you order in the specified room or where easy ground floor access is available.Please note that, although we charge and agree to deliver your purchase, we can only do so with reasonable access and only when it is deemed to be safe. Difficult access will consume more time to carry out the job and will therefore be subject to additional charges. It is your responsibility to ensure goods purchased will fit into your home and access is sufficient to allow for delivery, consider passsageways, doorways, driveways and stairways. If the customer is unable to receive the goods on the delivery day, DJC Furniture shall be entitled to charge a re-delivery fee or such an amount charged by the transportation company, the customer agrees to pay such a re-delivery fee.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Cancellation of order
We process all orders within 48 hours from receipt. Therefore any cancellations must be made within such a time frame as once the goods have been allocated or shipped, no cancellations can be made.
DJC FURNITURE is under no obligation to accept any returns of product from the customer.
The Customer cannot cancel for any reason whatsoever, an order that is specially made for them and is liable for the full cost. If you wish to return an item in which the customer changes their mind, there will be penalty of 30% of the total cost of the item including G.S.T. and excluding freight. Some of our products can be offered with free delivery. Please be aware that if you return one of these products our actual delivery costs (both outbound and inbound) will be deducted from your refund together with the 30% cancellation fee. Please keep in mind that once an order has shipped, it cannot be cancelled and falls under the standard returns policy.
All returned items must be in original undamaged condition and packaging. Mattresses which have been opened or slept on and assembled goods can not be returned. All transpotration costs for the returned item(s) are met by the purchaser. You can either arrange to return the goods yourself using professional furniture carrier or furniture removalists to our warehouse or you can ask us to arrange the pickup.
We will only issue a credit to the credit card used for the original purchase or refund to the original purchaser. We reserve the right to withhold all or part of your refund if items are returned damaged.
Goods returned
Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
exactly what is the fault;
the date, if relevant, when the fault became apparent;
when and how you discovered the fault;
how the fault affected your use of the Goods;
To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
You must tell us by email message to
This email address is being protected from spambots. You need JavaScript enabled to view it.
or by letter to our land address at the top of this agreement, you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
The Goods must be returned to us as soon as any defect is discovered. So far as possible, Goods should be returned:
The procedure for return of Goods is set out on our website. If you do not follow this procedure, we may be unable to identify you as the sender of the goods.
Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website published by someone other than us;
any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
compatibility of Our Website with your equipment, software or telecommunications connection.
[Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.]
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Your email address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
System Security
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
You may not use any software tool for the purpose of extracting data from our website.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Indemnity
Miscellaneous provisions
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.