The Company provides the “Breeze Furniture” furniture sale and services business subject to this Terms of Sale.
1.1 The following definitions apply in this document:
(b) ABN means Australian Business Number.
(c) Application means the online application completed by the Customer via the Site.
(d) Buy Back has meaning given to it in clause 6.1.
(e) Buy Back Date means:
i Where the Customer has engaged a Payments Provider, the date that is the middle point of the Payment Period; or
ii Where the Customer has not engaged a Payments Provider, the date that is agreed in writing between the Customer and the Company, which in default shall be 12 months.
(f) Buy Back Price has the meaning given to it in clause 6.3.
(g) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Victoria.
(h) Company means PT&J Pty Ltd ABN 35 637 842 561.
(i) Contractor means an independent contractor engaged by the Company to assist with the Services.
(j) Customer means a customer of the Company who purchases Furniture, which if in doubt shall be the person named in the Application.
(k) Delivery means the delivery of the Furniture to the Premises.
(l) Delivery Date means the date for Delivery to occur, which is as notified to the Customer by the Company or otherwise as agreed by the parties from time-to-time.
(m) Fee means a fee charged by the Company for the provision of the Services, as stated in this Agreement, within the Application or otherwise notified to the Customer in writing.
(n) Payment Period means the period for repayment of the Retail Price by the Customer to the Payments Provider subject to the Payments Provider Terms & Conditions.
(o) Payments Provider means a third-party service provider that provides financial assistance to the Customer for the payment of the Retail Price.
(p) Payments Provider Terms & Conditions means the Payments Provider's standard terms and conditions.
(q) Furniture means any item of furniture made available to the Customer by the Company on the terms of this Terms of Sale.
(r) GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(t) Premises means the property nominated by the Customer in the Application.
(v) Retail Price means the price charged by the Company to purchase the Furniture, as described on the Site and confirmed in the Application.
(w) Services means the delivery and/or installation of the Furniture, and any other services provided by the Company as may be agreed between the parties from time-to-time.
(x) Site means https://www.breezefurniture.com.au/ or such other URL that the Company may use from time-to-time.
(y) Special Conditions means any particular arrangements made between the parties that are governed by this Terms of Sale and/or change any term or condition of this Terms of Sale.
(z) Terms of Sale means this Terms of Sale, as updated from time-to-time.
2.1 These Terms of Sale govern the sale of Furniture and provision of the Services by the Company and limits the liability of the Company to the Customer.
2.2 The Customer agrees to engage the Company to purchase the Furniture and provide the Services on the terms of this Terms of Sale.
2.3 Ownership of the Furniture passes to the Customer upon payment of the full Retail Price to the Company.
2.4 The Company permits the use of a Payments Provider to support the Customer with payment of the Retail Price. Where the Customer engages a Payments Provider, the relationship between the Customer and Payments Provider shall be separately dealt with pursuant to the Payments Provider Terms & Conditions.
2.5 By submitting an Application, the Customer acknowledges that they have read, understood and agree to be bound by the terms and conditions of this Terms of Sale.
(a) To make an Order, the Customer must:
i Complete an Application; and
ii Pay the Retail Price (whether directly or via a Payments Provider).
(b) The Application shall include the following information (without limitation):
i The Customer’s name and contact details;
ii The Premises;
iii The Furniture; and
iv The Retail Price.
(c) The Application is to be completed online via the Site, unless permitted otherwise by the Company in its discretion.
(d) The Company may require the Customer to provide such details as it may require in order to verify the identity of the Customer, including the name, address, email, proof of identification, and other contact details of the Customer.
(e) The Customer’s ability to purchase any Furniture is subject to availability. The Company will endeavour to ensure that Furniture listed on the Site are in stock but reserves the right to cancel any Orders it is unable to fulfil
(a) The Retail Price for each Order will be confirmed in the Application.
(b) Pricing shall be confirmed at the time that the Customer completes an Application and, upon completing an Application, may not be varied unless:
i The parties mutually agree in writing; or
ii The pricing has been mistakenly represented to the Customer.
(c) The Company is under no obligation to maintain the Retail Price for any Furniture prior to confirmation of an Order.
3.3 Purchase, Payment & Order
(a) An Order is confirmed when the Customer:
i Successfully completes an Application;
ii Makes full payment of the Retail Price; and
iii Receives written confirmation from the Company.
(b) The Company reserves the right to cancel an Order at any time prior to dispatch of the Furniture in its complete discretion, in which case a full refund will be provided to the Customer with respect to the cancelled Order.
(c) All payments shall be made via the online payment gateway on the Site or in such other manner as the Company may direct from time-to-time
3.4 Finance Support
(a) The Customer may pay the Retail Price via a Payments Provider to complete an Order.
(b) To use the assistance of a Payments Provider, the Customer will be required to separately set up an account with the Payments Provider and agree to the Payments Provider Terms & Conditions.
(c) Where requested by the Company, the Customer will be required to show written evidence of the existing arrangement in place with the Payments Provider to the satisfaction of the Company prior to acceptance of the Order.
4.1 Delivery shall be subject to the Customer successfully placing an Order in accordance with clause 3.
4.2 With respect to Delivery, the Company or its Contractors shall:
(a) Notify the Customer of the estimated time of delivery on the Delivery Date; and
(b) Inform the Customer of any delays with the Delivery.
(a) Ensure that there is sufficient access and space, and that any staircases and lifts providing access are suitable for the Delivery; and
(b) Notify and obtain any necessary permissions to complete the Delivery.
4.5 If the Customer is not at the Premises at the agreed time as per clause 4.3 or fails to ensure Delivery can be completed as per clause 4.4, then the Company will charge a re-delivery Fee as notified to the Customer which must be paid prior to the new Delivery Date.
4.6 The Delivery Date may only be rescheduled subject to the Company’s approval, and dependent on the Company’ availability to provide the Services on the rescheduled Delivery Date.
4.7 The Customer acknowledges that rescheduling the Delivery Date may result in the Customer incurring additional Fees, which the Company may charge at its discretion. Any additional Fees incurred must be paid prior to the new Delivery Date. In the event of non-payment of additional Fees, the Company may terminate the agreement and the Customer will forfeit all payments that have been made to the Company.
(c) Not fit for Delivery;
and the Company shall give the Customer written notice that of what is required in order to perform the Services.
(a) Pay the cost of the additional Fees to complete the Delivery; or
4.10 If the Customer should fail to notify the Company as provided in clause 4.9, then the Customer will be deemed to have elected clause 4.9(b).
4.11 At the time of Delivery, the Customer has the sole responsibility to inspect the Furniture to ensure it is in good condition and working order and will be required to sign a delivery docket to confirm the Customer’s satisfaction with the Furniture.
5 ACCESS TO PREMISES
5.1 The Customer must ensure that the Company and its Contractors have access to the Premises to allow the Company to:
(a) Perform the Services;
(b) Deliver the Furniture; and/or
(c) Remove the Furniture.
5.2 The Customer warrants that they are the legal owners of the Premises. If this is not the case, then the Customer is responsible for obtaining the necessary consents to provide the Company and its Contractors access to the Premises in order to enable the Company to lawfully provide the Services.
(a) Arrange for the Furniture to be returned to the Company’s nominated address at their own cost; or
(b) Allow the Company or its Contractors access to the Premises to remove the Furniture.
6.3 Where the Buy Back is validly exercised and the Furniture returned to the Company in accordance with this clause, the Company agrees, subject to clause 6.4 below, to buy back the Furniture from the Customer by either (Buy Back Price):
(a) Where the Customer has engaged a Payments Provider, processing a refund through the Payments Provider for the outstanding balance of the Retail Price; or
(b) Where the Customer has not engaged a Payments Provider, paying 50% of the Retail Price (or such other amount as notified to the Customer in writing at the time of sale).
6.4 Where upon inspection of the Furniture, the Company determines that the Furniture requires cleaning and/or repair to be of merchantable condition suitable for reuse and/or resale, the Company will obtain a quote to complete the necessary cleaning and/or repair services (Repair Fees) and notify the Customer in writing of the Repair Fees to be paid.
6.5 The Customer acknowledges and agrees that the Repair Fees (if any) will be deducted from the Buy Back Price to be paid by the Company.
7 REMOVAL OF FURNITURE
7.1 Where the Customer has elected for the Company to pick-up and remove the Furniture, then the Customer acknowledges that the Company will charge an additional Fee to cover the reasonable costs of pick-up as notified to the Customer, which must be paid in advance.
7.2 Upon the notice being received by the Company in accordance with clause 6.2, the Company will inform the Customer of a time suitable to the Company to complete return or pick up of the Furniture (as the case may be).
7.3 Where the Furniture is to be collected by the Company, the Customer must be present at the Premises to enable the Company or its Contractors to pick up the Furniture, failing which the Customer will be responsible for the costs to arrange a new pick-up time as notified to the Customer which must be paid in advance.
8 GENERAL CONDITIONS
(a) The Company may in its complete discretion engage Contractors as are necessary to provide the Services, including completion of Delivery.
(b) The Company shall be responsible for ensuring that all Contractors comply with the Company's obligations under this Agreement.
(a) The Company provides support to the Customer in the manner made available from the Site from time-to-time.
(b) The Company shall endeavour to respond to all support requests within 3 Business Days.
(b) The Customer acknowledges that the Company is not responsible for the conduct or activities of any person that uses the Furniture and that the Company is not liable for such under any circumstances, including any injury to the person.
(c) The Customer agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Customer’s use of or conduct in connection with the Services, including any breach by the Customer of this Agreement.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use a Service or Furniture, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
8.5 Dispute Resolution
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) of the Customer and the Company must meet and seek to resolve the Dispute.
(c) Subject to clause 16.4, a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
8.6 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b) The parties acknowledge and agree that this Agreement is binding upon each party if executed digitally and conveyed by electronic communication.
(c) The Customer can direct notices, enquiries, feedback and so forth to the Company as set out in this Agreement. The Company will notify the Customer of a change of details from time-to-time.
(d) The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company within the Application, or that the Customer notifies the Company from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
(f) Notices must be sent to the parties’ most recent known contact details.
(g) This Agreement can only be amended, supplemented, replaced or novated by written agreement between the parties.
(h) The Customer may not assign or otherwise create an interest in their rights under this document without the written consent of the Company.
(i) The Company may assign or otherwise create an interest in their rights under this document by written notice to the Customer.
(a) Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
(b) Prevalence. To the extent that the Special Conditions are inconsistent with any other term of this Agreement, the Special Conditions will prevail.
(c) Disclaimer. The Customer acknowledges that they have not relied on any representation, warranty or statement made by the Company, other than as set out in this Agreement.
(d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
(e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing, and the failure by the Company to exercise a right or to enforce an obligation arising under this Agreement on any one occasion is not to amount to a waiver of the Company’s entitlement to rely on that right or to enforce that obligation on any other occasion.
(f) Exclusion. To the extent permitted by law, all express and implied terms, conditions and warranties other than the ones set out in this Agreement are excluded.
(g) Surviving Provision. A provision of this Agreement that is capable of taking effect after termination is to survive the termination of this Agreement.
(h) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
(j) Time. Time is of the essence in this Agreement.
(k) Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
vi A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
viii A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
ix A reference to dollars or $ is to an amount in Australian currency unless otherwise explicitly specified.
END TERMS OF SALE