Terms & Conditions of Sale - Australia Only

ONLINE

As a valued customer of Poliform, we would like you to be familiar with our trading terms, to ensure that your Poliform experience is a satisfying one. Please feel free to speak with one of our sales consultants if you have any further questions.

1. About Poliform

(1) Your purchase of goods from www.poliformaustralia.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Consolidated Design Group Pty Ltd ABN 129 611 552 (trading as "Poliform "), of Level One, 84 O'Riordan Street, Alexandria New South Wales (“us”, “our”, “we”, “Poliform”), carries on business from the website.

(3) The goods and services described in this website are available from Poliform Australia only.

(4) You and Poliform may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Poliform via the website, to purchase the goods and services at the specified price, subject to these Terms.

(5) The Poliform logo and words are registered trademarks of Harvey Norman Retailing Pty Ltd and used under a limited license by Poliform.

(6) In these terms:

(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;
(b) reference to a “third party” in these terms includes a reference to any agent or contractor of Poliform or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;
(c) a reference to the "website" means www.poliformaustralia.com.au;
(d) "Order" means an offer made by you in response to an invitation to treat made by Poliform via the website.

2. User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

(1) You may access and/or use the website as a guest or as a member.

(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at information@poliform.com.au

(3) You will receive an email from us as soon as practical after you create your membership account.

(4) We only permit one registration per email address.

(5) You must not use another members' account without permission.

(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us at information@poliform.com.au.

(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

(a) are over the age of eighteen (18) years;
(b) accept these terms;
(c) agree that you have entered into a legal contract with Poliform in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and Poliform for the supply of products.

(3) Poliform reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Poliform may suffer as a result of a transaction entered into by a minor.

5. Orders

(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.

(3) Your online Order must be paid for in full before we can begin arrangements for the manufacture or supply of the products to you.

(4) Representations of products for sale made by Poliform via the website do not constitute an offer to sell but an invitation to treat.

(5) You and Poliform may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(a) placing an electronic Order for the products using the website;
(b) you confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by Poliform.

(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) Poliform receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(5) You acknowledge that:

(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Poliform 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 or systems;
(b) to the extent permitted by law, Poliform is not liable to you in any way for any loss or damage at all and however caused, arising 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;
(c) Poliform may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) Poliform may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(6) You will receive an email from Poliform as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our Team.

(7) If your Order is not accepted by Poliform, Poliform will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(8) Poliform may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Poliform cannot supply a particular product, Poliform will notify you by telephone or email as soon as possible.

(10) Poliform will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfillment of your Order.

6. Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.

(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Poliform.

(3) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact the showroom for purchase of these products.

(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(5) We reserve the right to correct any errors published on the website.

7. Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made via the TNS or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

8. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Poliform, Poliform will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. Poliform will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not in stock may take up to twelve (12) to fourteen (14) weeks to be delivered to you from the date you place your order. This timeframe is the average manufacturing lead time required by suppliers. Poliform will contact you on receipt of your Order to notify you of the indicative delivery date.

(3) Other than in respect of Orders for furniture, or deliveries to regional or remote areas, if Poliform gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Poliform will arrange for a full refund of any payment made by you to be processed.

(4) Delivery times may be greater than 10 business days for regional or remote areas.

(5) 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.

(6) 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.

(7) 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.

(8) Should you arrange your own delivery then the goods become your responsibility upon collection from Poliform's premises.

10. Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On acceptance of your Order by Poliform, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order for items that are in stock.

(4) If you Order large or bulky items, Poliform will contact you by telephone or email to arrange with you a suitable time for delivery.

(5) You will be required to be available in person to accept delivery of your Order.

(6) If you wish to change the delivery date or delivery address you must contact our Team at least 48 hours prior to the dispatch of your Order.

(7) Poliform will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however Poliform does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(8) You must advise at the time you place your Order via the website or later when you discuss delivery with Poliform, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.

(9) Poliform reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.

(10) Poliform cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

(11) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.

11. Orders for Collection at a Poliform Store

(1) The terms of this clause apply where you select to collect your Order from a Poliform Store.

(2) If you select to collect your goods from a Poliform Store, a representative of the relevant Poliform Store will contact you by telephone or email to notify you when the Order is available for collection.

(3) Orders for collection at a Poliform Store must be collected within 21 days of the relevant Poliform Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Poliform Store has the right to allocate those goods to another customer and reorder the goods for you.

12. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

13. PayPal and credit card fraud

(1) The website employs the latest in Secure Sockets Layer technology from Comodo, TNS and PayPal secure payment gateway to secure our payment systems.

(2) To the extent permitted by law, each of Poliform, Poliform and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

14. Disclaimer and Indemnity

(1) To the extent permitted by law, each of Poliform and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Poliform and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Poliform and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

15. Order Enquiries

If you have any query about the progress of your Order please ontact our Team. Please have your Order number handy as shown on the email confirmation.

16. Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a) rights under the Refund Policy;
(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2) Please choose carefully as Poliform will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

(3) If your Order arrives damaged, please contact our Team.

(4) In case of damaged goods, please refer to the Poliform Care Manual for an outline of our warranty policy. This document is available in-store or online under Customer Care.

(5) Poliform will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self evident or is made known to Poliform. Poliform will not accept responsibility for the suitability or strength of fabrics supplied on a customer's own material or customer's own leather basis which is specified by the customer or their agent.

17. Privacy and Personal Information

(1) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

(2) The privacy of your personal information is important to Poliform.

(3) Poliform and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at information@poliform.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Online payments are handled by TNS and Paypal. Poliform does not store your credit card or banking details. Please check the www.tnsi.com and paypal.com.au websites for details of their privacy policies and security measures.

(6) Poliform, its related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Poliform and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Poliform thinks may be of interest to you. If you would prefer not to receive promotional or other material from Poliform or its third parties, please let us know and Poliform will respect your request. You also agree that Poliform may contact you by telephone to arrange delivery or collection of your Order.

(7) You may request Poliform to remove your personal information from its database by emailing us at information@poliform.com.au.

(8) For further details about Poliform’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us at information@poliform.com.au or the Privacy Officer at privacy@poliform.com.au.

18. Force Majeure

Poliform will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

19. Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Poliform makes no representations that the content of the website complies with the laws of any country outside Australia.

20. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Poliform.

21. Transfer and Assignment

If Poliform merges, sells or otherwise change control of its business or this website to a third-party, Poliform reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Poliform has collected from you and any agreements it has made with you.

22. Waiver

The failure by Poliform to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Poliform.

LOOSE FURNITURE

1. General

2. Delivery

a) Poliform will contact the Client to nominate and confirm a proposed Delivery Date.
b) The proposed Delivery Date is an estimate only.
c) Poliform is not liable for any loss, damage or delay incurred by the Client arising from late or non-delivery of the Goods.
d) Poliform may at its option deliver the Goods to the Client in any number of instalments or part supplies.
e) The Client must do all things as are necessary to assist and enable Poliform to deliver the Goods on the Delivery Date to the Client at the Client Delivery Address.

3. Payment and Risk

a) An initial progress payment of 50% is required before Poliform can begin arrangements for the manufacture or supply of the Goods.
b) The Client must pay the balance of the Price for the Goods to Poliform before Poliform delivers the Goods to the Client.
c) All risk in the Goods passes to the Client upon delivery of the Goods by Poliform to the Delivery Address or the Client.

4. Retention of Title

a) Title to the Goods shall not pass from Poliform to the Client until such time as Poliform has received payment in full of the Price for the Goods in cleared funds and there are no other moneys owing by the Client to Poliform in respect of the Goods.
b) Until such time as payment is made in full of the Price for the Goods in cleared funds, Poliform reserves the right to recover possession of the Goods.
c) Where Poliform has not been paid the Price for the Goods in full and Poliform has delivered the Goods to the Client, the Client agrees that the relationship between Poliform and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for Poliform and, if required, shall store the Goods in a manner that clearly shows the ownership of Poliform.
d) Poliform and the Client agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the supply of the relevant Goods or not, between the Client and Poliform pursuant to which Poliform gives the Client credit.

5. Storage

If the Client refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage charges to Poliform at the rate of $500.00 per week, payable until the Client accepts delivery of all of the Goods.

6. Return of Goods

Subject to law:

a) the Client has no right to return all or any of the Goods to Poliform; and
b) Poliform has no obligation to refund all or any part of the Price.

7. Cancellation

Subject to law:

a) the Client has no right to terminate or cancel this agreement; and
b) the Client must indemnify Poliform in respect of all loss, costs, claims and expenses incurred by Poliform as a result of any default by the Client under this agreement.

8. Acknowledgement

Poliform has no obligation to install the Goods or perform any residential building works.

9. Personal Information

The address and contract details of the Client may be used by Poliform and subsidiaries of Poliform to provide marketing information to the Client. Please refer to the privacy statement at www.poliformaustralia.com.au for more information.

10. Warranty as to Quality or Fitness

Poliform warrants that the Goods are of merchantable quality except only:

a) as regards any defects specifically drawn to the attention of the Client before the making of this contract;
b) if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.

11. Limitation of Liability

a) Other than any warranty expressly given by Poliform in this agreement, and subject to clause 11(b), all warranties (whether implied, statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.

b) Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, such term is taken to be included in this agreement. However, the liability of Poliform for breach of such term is, if permitted by law, limited to one of the following remedies (at the option of Poliform):

(i) replacement of the Goods or supply of equivalent Goods;
(ii) the repair of such Goods;
(iii) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired.

c) Subject to clause 11(b) Poliform excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this agreement.

The exclusions of liability referred to in clause 11(c) apply to any action giving rise to an obligation, duty or liability even if the action was not authorised, or not capable of being authorised, by the Client.

SYSTEMS

1. Entire Agreement

The Goods are sold by Poliform to the Client subject to these terms and conditions, and not otherwise. These terms and conditions prevail
over any inconsistent provision in any communication by the Client to Poliform about the sale of the Goods, including any form of purchase
order issued by the Client. This agreement records the entire agreement between the Client and Poliform about the sale of the Goods by
Poliform to the Client. Poliform is not bound to sell the Goods to the Client unless and until Poliform has signed this agreement.

2. Delivery

3. Payment and Risk

a) The Client must pay the Price for the Goods to Poliform before Poliform delivers the Goods to the Client.
b) All risk in the Goods passes to the Client upon delivery of the Goods by Poliform to the Delivery Address or the Client.

4. Retention of Title

a) Title to the Goods shall not pass from Poliform to the Client until such time as Poliform has received payment in full of the Price for the
Goods in cleared funds and there are no other moneys owing by the Client to Poliform in respect of the Goods.
b) Until such time as payment is made in full of the Price for the Goods in cleared funds, Poliform reserves the right to recover
possession of the Goods.
c) Where Poliform has not been paid the Price for the Goods in full and Poliform has delivered the Goods to the Client, the Client agrees
that the relationship between Poliform and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for Poliform
and, if required, shall store the Goods in a manner that clearly shows the ownership of Poliform.
d) Poliform and the Client agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the
supply of the relevant Goods or not, between the Client and Poliform pursuant to which Poliform gives the Client credit.

5. Storage

If the Client refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage
charges to Poliform at the rate of 5% per month on the value of the Goods, payable until the Client accepts delivery of all of the Goods.

6. Return of Goods

Subject to law:
a) the Client has no right to return all or any of the Goods to Poliform; and
b) Poliform has no obligation to refund all or any part of the Price.

7. Cancellation

Subject to law:
a) the Client has no right to terminate or cancel this agreement; and
b) the Client must indemnify Poliform in respect of all loss, costs, claims and expenses incurred by Poliform as a result of any default by the
Client under this agreement.

8. Acknowledgement

Poliform has no obligation to install the Goods or perform any residential building works.

9. Personal Information

The address and contract details of the Client may be used by Poliform and subsidiaries of Poliform to provide marketing information to the
Client. Please refer to the privacy statement at www.poliformaustralia.com.au for more information.

10. Warranty as to Quality or Fitness

Poliform warrants that the Goods are of merchantable quality except only:
a) as regards any defects specifically drawn to the attention of the Client before the making of this contract;
b) if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.

11. Limitation of Liability

a) Other than any warranty expressly given by Poliform in this agreement, and subject to clause 11(b), all warranties (whether implied,
statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.

b) Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify
the operation of such term, such term is taken to be included in this agreement. However, the liability of Poliform for breach of such
term is, if permitted by law, limited to one of the following remedies (at the option of Poliform):

(i) replacement of the Goods or supply of equivalent Goods;
(ii) the repair of such Goods;
(iii) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the Goods repaired.

c) Subject to clause 11(b) Poliform excludes all liability for indirect and consequential loss (including without limitation for loss of revenue
or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this
agreement.

The exclusions of liability referred to in clause 11(c) apply to any action giving rise to an obligation, duty or liability even if the action was not
authorised, or not capable of being authorised, by the Client.

Jean-Marie Massaud