Terms and Conditions
The Company provides furniture subscription services subject to the terms set out below.
1.1 The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) Agreement means this Terms and Conditions, as updated from time-to-time.
(c) Application means the online application completed by the Customer via the Site.
(d) 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.
(e) Company means PT&J Pty Ltd ABN 35 637 842 561.
(f) Customer means the person who is named in the Application.
(g) Commencement Date means the Delivery Date.
(h) Contractors means any independent contractors engaged by the Company to assist with the Services.
(i) Delivery means the delivery of the Furniture to the Premises.
(j) 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.
(k) Fee means any 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.
(l) Furniture means any furniture owned by the Company available to be hired by the Customer on the terms of this Agreement.
(m) GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(n) Minimum Subscription Period means 4 months from the Commencement Date.
(o) Payment Method means the Customer’s credit card and billing information provided to the Company via the Application.
(p) PPSA means the Personal Property Securities Act 2009 (Cth).
(q) PPSR means the Personal Property Securities Register established under the PPSA.
(r) Privacy Act means the Privacy Act 1988 (Cth).
(t) Premises means the property nominated by the Customer in the Application.
(u) Purchase Money Security Interest has the meaning given to it in the PPSA.
(v) Security Interest has the meaning given to it in the PPSA.
(w) Security Deposit means a sum of money paid by the Customer to the Company to retain as security to be applied in the manner set out in clause 9.2, which in default shall be equal to the Subscription Fee for one month.
(x) Services means the delivery, assembly and removal of Furniture, and any other services provided by the Company as may be agreed between the parties from time-to-time.
(y) Site means https://www.breezefurniture.com.au/ or such other URL that the Company may use from time-to-time.
(z) Special Conditions means any particular arrangements made between the parties that are governed by this Agreement and/or change any term or condition of this Agreement.
(aa) Subscription Fee means the fee charged to the Customer on an ongoing monthly basis to hire the Furniture, as advertised on the Site, within the Application or otherwise notified to the Customer in writing, which may be adjusted where the Customer returns the Furniture to the Company as provided in Clause 14.4.
(bb) Subscription Period means the Customer’s rental period for the hiring of Furniture, subject to the Minimum Subscription Period.
(cc) Tax Invoice has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.1 This Agreement governs the hiring of Furniture and provision of other Services by the Company, to each Customer and limits the liability of the Company to the Customer.
2.2 The Customer has agreed to engage the Company to hire the Furniture and provide the Services on the terms of this Agreement.
2.3 By submitting an Application, the Customer acknowledges that they have read, understood and agree to be bound by the terms and conditions of this Agreement.
3 APPLICATION AND FURNITURE HIRE
3.1 To hire Furniture, the Customer must:
(a) Complete an Application;
(b) Pay the Subscription Fee for the first month of the Subscription Period;
(c) Pay the Security Deposit; and
(d) Pay other charges, if any as stated in the Application.
3.2 As part of the Application, the Customer must:
(a) Select the Furniture to be hired;
(b) Select the Subscription Period to apply;
(c) Provide the Payment Method to pay the Subscription Fees;
(d) Nominate the Premises for Delivery; and
(e) Provide any supporting identification documentation as requested by the Company.
3.3 Pursuant to clause 3.2(e), 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.
3.4 The Customer acknowledges and agrees that the Company may undertake its own independent checks to verify the identity and any other information provided as part of the Application.
3.5 The Company may refuse to accept any Application in its complete discretion without reason, in which case any Fees paid will be refunded in full upon which this Agreement will terminate and neither party will have any rights against the other.
3.6 The Customer must use the Furniture for the purpose for which it was designed and in accordance with any instructions provided by the Company.
3.7 The Customer agrees not to remove or allow any other person to remove the Furniture from the Premises. The Furniture must stay on the Premises at all times during the Subscription Period subject to the Company’s prior written consent.
3.8 Where the Furniture is returned to the Company in the same or better condition, the balance of the Security Deposit held by the Company will be refunded to the Customer.
3.9 If the Furniture is not returned in the same condition, the Company reserves the right to charge additional Fees to the Customer as follows:
(a) All reasonable costs incurred to clean the Furniture; and
(b) Full cost of repairing any damage to the Furniture (other than fair wear and tear) and capable of repair.
3.10 If the Furniture is damaged beyond repair or lost, the Customer shall pay the Company the new replacement cost of the Furniture.
4.1 Delivery shall be subject to the Customer completing each of the conditions under clause 3.1.
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.
4.3 The Customer must be present at the Premises to accept Delivery of the Furniture and sign a receipt to confirm the Delivery.
4.4 To facilitate Delivery, the Customer must:
(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 the Security Deposit.
4.8 The Company and its Contractors may refuse to perform the Services if they determine that the Premises is:
(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.
4.9 When presented with the written notice as per clause 4.8 above the Customer must notify the Company in writing within 5 Business Days of its election to:
(a) Pay the cost of the additional Fees to complete the Delivery; or
(b) Cancel this Agreement and forfeit the Security Deposit.
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.
6 EXTENTION AND PURCHASE REQUESTS
6.1 The Customer agrees to notify the Company no less than 10 Business Days prior to the cessation of the Subscription Period selected in the Application of their intention to either:
(a) Extend the Subscription Period beyond what was selected in the Application;
(b) Cease the Subscription Period and return the Furniture; or
(c) Cease the Subscription Period and purchase the Furniture.
6.2 The Customer’s request pursuant to clause 6.1(a) & (c) is subject to the Company’s acceptance in its complete discretion. For the avoidance of doubt, the Company is under no obligation to extend the Subscription Period and/or sale of the Furniture.
6.3 If the Company accepts an extension request, the Company will confirm with the Customer the relevant Subscription Fees for the extended Subscription Period.
6.4 If the Company accepts a purchase request, the Company will confirm the relevant amount to be paid by the Customer to purchase the Furniture and render an invoice to the Customer, which in default shall be payable within 5 Business Days to complete the sale.
6.5 Where the Customer provides no notice under clause 6.1 and the Company has made reasonable attempts to get in contact with the Customer to confirm such, then the Subscription Period may automatically renew on a monthly basis and further Subscription Fees, at the same rate which the Customer is paying at such time, will be charged to the Customer until notified otherwise.
7 RETURN OF FURNITURE
7.1 To return the Furniture, the Customer must give 10 Business Days’ notice in writing to the Company to :
(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.
7.2 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.
7.3 Upon the notice being received by the Company in accordance with clause 7.1, 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).
7.4 Where the Furniture is to be collected by the Company, the Customer must be present at the Premises to enable the Company or its Contractor 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.
8.1 The Customer acknowledges that the Company may in its complete discretion engage Contractors as are necessary to provide the Services, such as complete Delivery.
8.2 The Company shall be responsible for ensuring that all Contractors comply with the Company’s obligations under this Agreement.
9 FEES AND PAYMENT
9.1 Subscription Fee
(a) The primary fee shall be the Subscription Fee, which is payable in advance.
(b) The Subscription Fee will be charged on a monthly basis to the Customer’s Payment Method.
(c) The Customer must provide and maintain current, complete and accurate Payment Methods to ensure the ongoing payments of the Subscription Fees are paid on time.
(d) By completing an Application, the Customer acknowledges and authorises for the Subscription Fee to be charged to the Payment Method on a recurring basis for the duration of the Subscription Period unless the Company is notified otherwise in writing.
(e) The Customer agrees to pay the Subscription Fees for the Minimum Subscription Period notwithstanding earlier termination and/or return of the Furniture.
(f) The Customer acknowledges that the Subscription Fee charged on a monthly basis is based on the monthly subscription rate associated with the Subscription Period he or she selected in the Application, and that this may be adjusted retrospectively at the time of termination and/or return of the Furniture pursuant to clause 14.4.
9.2 Security Deposit
(a) The Customer must pay a Security Deposit to the Company in the amount and by the date as specified in this Agreement and/or the Application.
(b) The Company is entitled to apply the Security Deposit towards payment of any monies due and owing by the Customer to the Company under this Agreement which remains unpaid for 7 days and if any sum is so deducted by the Company from the Security Deposit before the termination of this Agreement and return of the Furniture, then the Customer must top it up to the original amount paid within 7 days from the date of receiving written notification from the Company to do so, failing which the Company will be authorised by the Customer to take such amount to top up the Security Deposit from the Payment Method of the Customer.
(c) The Company is also entitled to apply the Security Deposit towards any outstanding Subscription Fee and any fees for Services including but not limited to cost to pick up the Furniture and repair, which may be incurred when this Agreement is terminated and the Furniture is returned to the Company.
(d) On termination or expiry of this Agreement and return of the Furniture to the Company in good working order, the Company will refund the Security Deposit to Customer subject to any rightful deduction provided in accordance with this Agreement.
9.3 Late Payment
(a) The failure to pay Fees as and when they fall due is a breach of this Agreement.
(b) The Company may charge a late payment fee for any late payment of Subscription Fees, which in default shall be $9 or 10% whichever is higher for every week that the payment is late.
(c) If Fees are not brought out of arrears within 7 days of becoming overdue, the Company may terminate this Agreement by written notice under clause 14.3.
All Fees are quoted and charged in Australian dollars.
GST is applicable to any Fees charged by the Company to the Customer. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the Customer with a Tax Invoice for any payments.
No refunds of Fees are offered other than as required by law.
10 CUSTOMER OBLIGATIONS
10.1 The Customer agrees to keep the Furniture in good order and condition throughout the duration of the Subscription Period (fair wear and tear expected), and not alter, tamper, damage or repair the Furniture without the Company’s prior written consent.
10.2 The Customer agrees to ensure that that all Furniture is stored safely and securely on the Premises at all times during the Subscription Period.
10.3 The Customer is solely responsible for the use of each piece of Furniture they hire and indemnifies the Company in the event that their use causes damage to property, personal injury, death, loss or harm whether direct or consequential to the Customer, the Company or any third-party. To the extent permitted by law, the Company shall not be liable for any injury, illness, death or damage to property resulting from the use of any Furniture.
10.4 The Customer shall not assign, mortgage, pledge, sell, charge, encumber, sublet, part with possession of, grant any lien, licence or other encumbrance over, or otherwise dispose of or deal with, or permit or suffer to exist any lien or other encumbrance over, the Furniture or any of the rights of the Company to the Furniture or any part thereof, or any of the rights of the Company under the Agreement, and shall keep the Furniture free from any distress, execution or other legal process.
11.1 The Customer acknowledges and agrees that title and ownership of the Furniture shall remain vested in the Company at all times during the Subscription Period and in any event until the Furniture has been returned and received by the Company.
11.2 Where the parties agree for the Customer to purchase the Furniture in accordance with this Agreement, then ownership shall only pass to the Customer when all monies owing by the Customer to the Company under this Agreement are paid in full and any other pre-sale conditions that may apply are met.
12 PERSONAL SECURITY REGISTRATION
12.1 The Customer acknowledges that:
(a) The Company may register a Security Interest in the Furniture as a Purchase Money Security Interest on the PPSR; and
(b) The Customer must execute documents and do such further acts and things and provide such further information as may be required by us to enable registration of the Security Interest on the PPSR, or to perfect or correct any registration.
12.2 The Customer agrees that to the extent permitted by law, the Company owns the Furniture and the Customer waives any rights they may have to anything installed in or affixed to the Furniture.
12.3 To the extent permitted by law, the Customer acknowledges and agrees that where the PPSA applies to action taken by us in relation to the Furniture, the Customer:
(a) agrees that sections 125, 142 and 143 of the PPSA will not apply; and
(b) waives their right to receive any notices we are required to give you under the PPSA under sections 95, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA and any verification statements.
14 TERMINATION, REMOVAL AND FINAL PAYMENT
14.1 This Agreement shall end in accordance with the terms herein including this clause or as agreed by the parties in writing, but in default shall be when the Furniture is returned (or purchased) in accordance with this Agreement.
14.2 Without affecting any other rights or obligations of the parties, either party may terminate this Agreement by giving no less than 10 Business Days written notice.
14.3 Either party may terminate this Agreement on immediate written notice if:
(a) The other party is in breach of this Agreement, and does not remedy the breach within a reasonable time (which shall not be less than 5 Business Days) of receiving written notice of the breach;
(b) The other party commits a breach of the Agreement that is incapable of remedy; and/or
(c) The other party repetitiously or wilfully breaches this Agreement.
14.4 Should the Customer terminate this Agreement without cause, it shall remain liable to pay any outstanding Fees and/or Subscription Fees. In particular, the Customer shall be liable to pay any difference in Subscription Fees that apply for the Subscription Period selected in the Application and the Subscription Period at the time of termination, on the basis that higher Subscription Fees apply for shorter Subscription Periods. The Customer acknowledges that it is his or her responsibility to note the different Subscription Fees for different Subscription Periods, which are advertised on the Site.
14.5 For the avoidance of doubt, if the Customer terminates during the Minimum Subscription Period, then the Customer will remain liable to pay the Subscription Fees for the remainder of the Minimum Subscription Period.
14.6 Where the Customer is in breach of this Agreement as set out in clause 14.3 above, the Company may take all steps necessary to recover and repossess the Furniture, including entering the Premises in order to do so. In such circumstances, the Company shall provide written notice to the Customer of its intention to enter the Premises to recover the Furniture no less than 5 Business Days.
14.7 Upon receiving written notice from the Company under clause 14.3, the Customer expressly consents to the Company entering the Premises for the purposes of recovering the Furniture. The Customer indemnifies the Company against any liability, damage, loss, cost, charge or expense arising directly or indirectly out of the Company exercising its right of entry.
14.8 Where the Customer breaches any of its obligations under this Agreement, the Company shall be authorised to apply all or any part of the Security Deposit towards any monies owe by the Customer to the Company under this Agreement.
14.9 The termination of this Agreement does not affect the parties’ accrued rights and obligations.
15 LIABILITY & INDEMNITY
(a) The Customer agrees that it uses the Services and Furniture at its own risk.
(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.
16 DISPUTE RESOLUTION
16.1 If any dispute arises between the Customer and the Company in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
(a) Includes or is accompanied by full and detailed particulars of the Dispute; and
(b) Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
16.2 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.
16.3 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.
16.4 Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
16.5 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
17 ELECTRONIC COMMUNICATION, AMENDMENT & ASSIGNMENT
17.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
17.2 The parties acknowledge and agree that this Agreement is binding upon each party if executed digitally and conveyed by electronic communication.
17.3 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.
17.4 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.
17.5 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
17.6 Notices must be sent to the parties’ most recent known contact details.
17.7 This Agreement can only be amended, supplemented, replaced or novated by written agreement between the parties.
17.8 The Customer may not assign or otherwise create an interest in their rights under this document without the written consent of the Company.
17.9 The Company may assign or otherwise create an interest in their rights under this document by written notice to the Customer.
18.1 Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
18.2 Prevalence. To the extent that the Special Conditions are inconsistent with any other term of this Agreement, the Special Conditions will prevail.
18.3 Disclaimer. The Customer acknowledges that he has not relied on any representation, warranty or statement made by the Company, other than as set out in this Agreement.
18.4 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
18.5 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.
18.6 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.
18.7 Surviving Provision. A provision of this Agreement that is capable of taking effect after termination is to survive the termination of this Agreement.
18.8 Acknowledgement. The Customer acknowledges that he or she understands that this is a subscription to hire furniture from the Company with no fixed term except it is subject to payment of Subscription Fee for the Minimum Subscription Period and that the shorter the Subscription Period the higher the Subscription Fee.
18.9 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.
18.10 Governing Law. This Agreement is governed by the laws of the state of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
18.11 Time. Time is of the essence in this Agreement.
18.12 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.
18.13 Interpretation. Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in this Agreement.
(d) A reference to legislation is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(f) 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).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) 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.
(i) A reference to dollars or $ is to an amount in Australian currency unless otherwise explicitly specified.