Terms and Conditions of Sale

The Martini Furniture website at https://www.martinifurniture.com.au (this website) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from Martini Furniture.

 

The Site is managed and operated by Martini Furniture. Your access to and use of this website, including your order of Products through the Site, is governed by these terms and conditions.

 

  1. Australian Sales and Delivery Only

We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.

 

  1. Compliance

By using the Site you agree to comply with all relevant laws relating to your use of this website and your placement of any order through this website. All information on this website is copywrited by Martini Furniture, and you agree not to use any data listed on the site for commercial purposes.

 

  1. Purchasing products and place orders

3.1          You must be eighteen (18) years of age or older to place orders on this website. If you are under 18, you may use this website only with involvement/approval of a parent or guardian. Should Martini Furniture suffer any damage or other losses as a result of a transaction entered into by a minor, Martini Furniture reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Martini Furniture.

 

3.2          You may order Products by selecting and submitting your order through this website in accordance with these terms and conditions. Any order placed through this website for a Product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through this website. You agree to provide us with current, complete and accurate details when asked to do so on this website or by a Martini Furniture staff member via email or phone following order placement to ensure accurate fulfillment and delivery of your order.

 

  1. Acceptance of an order

4.1          No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Martini Furniture will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation via email (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by Martini Furniture.  Martini Furniture will not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.

 

4.2          Martini Furniture reserve the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.We will confirm acceptance of your order via email once all review and approval processes have been completed. We will endeavour to complete this process as quickly as possible.

 

If we cannot process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment or if you prefer, discuss changing your order to a different product that is available.  Martini Furniture will contact you using the email address or telephone number provided by you when you placed your order on this website, and we will not be responsible for these details being incorrect. Please add the Martini Furniture email address (hello@martinifurniture.com.au) in your contact address book to ensure emails are not sent to SPAM or blocked by your firewall.

 

4.3          In the interests of all our customers, we operate a bulk purchase policy and may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.

 

  1. Payment Methods and Processing

Martini Furniture currently accepts online payment via Visa, Mastercard, PayPal and Afterpay only.

 

Payment will be processed instantly. We process credit card and PayPal payments after you click the “Submit My Order” button. If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.

 

If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

 

For credit card and PayPal payments your tax invoice will be emailed to you following successful payment. This tax invoice is your proof of purchase.

 

Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.

 

If you choose to pay by AfterPay, you agree to enter into contract with AfterPay and are immediately bound by their terms and conditions.

 

  1. Prices

6.1          The prices and availability of Products displayed on this website are accurate at time of viewing. Prices are subject to change by Martini Furniture, and Martini Furniture reserves the right to change prices for Products displayed on the site at any time.

 

6.2          Flat Rate Delivery fee within Australia applies to each and every product purchased, and is not bundled for purchase of multiple items. For clarity, due to the large size and weight of the products available for sale by Martini Furniture, each individual item purchased encounters a delivery fee, and the delivery fee of each product will be added together in the shopping cart prior to purchase.

 

6.3          Martini Furniture reserve the right to correct any errors or misprints relating to Products displayed on this website (included after such Products have been ordered).

 

  1. Delivery of Products

7.1          Although every effort is made to deliver your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. Products ordered through this website will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order.

 

If your Product has not arrived after the estimated delivery time, please contact the Martini Furniture via hello@martinifurniture.com.au with your order details so we can investigate and respond.

 

7.2          Martini Furniture will make every effort to deliver your product according to the estimated delivery times and payment processing identified at checkout. Estimated delivery times are in business days and exclude public holidays.

 

We or our delivery company may need to contact you via telephone to arrange a delivery date and timeframe for certain products.

 

7.3          At the time of placing your order online, you will be advised and charged the delivery fee. By completing your purchase and payment online through our website, you confirm your acceptance of this delivery fee.

 

7.4          Pick Up of products is not permitted.

 

7.5          Delays in Manufacturing and Shipping – we will endeavour to honour our manufacturing and delivery times to the best of our ability, however should any delay occur, we will contact you to advise a revised delivery date.

 

7.6          You agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your order through this website.

 

We recommend that you be present to accept the delivery of your order if you have paid by credit card.

 

We may require the person accepting the delivery of your order to:

 

(a)   provide us with proof of identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and

 

(b)  where relevant, provide us with proof of consent to use that credit card.

 

If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.

 

You:

 

(a)   acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your order; and

 

(b)  will ensure that the person receiving the goods is over the required age as prescribed by law.

 

You must provide clear and unobstructed access area for the delivery of goods.  Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result, which will be billed directly from our third party freight company to you. Our third party freight company personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process. Martini Furniture bears no responsibility for any damage or loss experienced during delivery.

 

7.7          Ownership of the goods described in the order shall remain with Martini Furniture until all of the following events have been completed:

 

  • Payment of all monies via chosen method.
  • Delivery of the goods
  • You are responsible for the selected goods fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination.

 

  1. Cancelling an order

We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

 

(a)   the Products in that order are not available;

 

(b)   there is an error in the price or the product description posted on this website for the Product in that order; or

 

(c)   that we reasonably believe your order has been placed in breach of these terms and conditions.

 

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

 

Any cancellation of orders, refunds, exchanges or return of any Products by a customer will be in accordance with the terms of our Returns Policy.

 

  1. Fees and charges

We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order, and any other fees and charges set out in these terms and conditions.

 

All fees and charges identified in these terms and conditions and all prices for the Products on the Site include GST where applicable, and are in Australian dollars.

 

The purchase price of each Product is shown on this website at the time you place your order. Martini Furniture reserves the right to alter or change any pricing on the website at any time. Subject to these terms and conditions however, once we have accepted your order, we will not change any prices that apply to the Products in that order.

 

If you cancel an order then any refund will be in accordance with the terms of our Returns Policy.

 

  1. Damaged Products and Returns

 

We do not accept return of product or issue refunds for change of mind. If products are damaged in transit then we will replace the product upon receipt of the damaged product to our address within 14 days of delivery. Return freight charges are the responsibility of you, the customer.

 

  1. Statutory Conditions and Warranties

 

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/publications/warranties-refunds-a-guide-for-consumers-and-business.

 

  1. Liability

12.1        Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to this website or the subject matter of these terms and conditions. You acknowledge that this website is provided “as is” and that we do not make any warranty or representation as to the suitability of this website or a Product for any purpose.

 

12.2        We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

We do not guarantee that this website will be accessible at all times, or that access and use of this website will be uninterrupted, secure or error free (other than as set out in these terms and conditions).  We are not obliged to continue operating all or any part of this website.  We may modify or close this website (or part of it) at any time without any liability.

 

  1. Termination

We may immediately suspend, terminate or limit your access to and use of this website and (where relevant) your Account if you breach these terms and conditions and:

 

(a)   the breach cannot be remedied;

 

(b)   you fail to remedy the breach within 10 days of our notice to you of that breach; or

 

(c)   if there is an emergency.

 

We may stop making this website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.

 

  1. Changes to these Terms and Conditions

These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.

 

We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

 

  1. Privacy

The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy.  We may store, use and disclose any personal information collected by us in connection with this website consistently with our Privacy Policy.

 

  1. Security

We have implemented technical security measures to protect the content of electronic orders and other information sent through this website. However, we cannot guarantee the security of the content of any order or any other information.

 

When making purchases using this website, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing.

 

  1. Enforceability and Jurisdiction

If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

 

  1. Risk of Loss and title in Products

Risk in the Product passes to you on the date and time of delivery to the delivery address.

 

Martini Furniture shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Martini Furniture, and Martini Furniture shall be entitled to a reasonable extension of time for the performance of such obligations.

 

Title in the Product passes to you when payment for the Products has cleared and the Products have been delivered to you.

 

  1. Product Descriptions and accuracy of Site

Martini Furniture attempts to be as accurate as possible in its featured product descriptions, however, Martini Furniture does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Martini Furniture will attempt to rectify any errors as swiftly as possible.

 

Martini Furniture reserves the right to change specifications, colours and materials shown on this website without prior notice. Variations in fabrics, including colour appearance, may occur from time to time, and is outside Martini Furniture’s control.

 

Martini Furniture does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the nature of hand-made products, all dimensions and colours displayed are approximate.

 

The information on this website is provided on the basis that all everyone accessing this website undertake responsibility for assessing the relevance and accuracy of its content.

 

  1. Other businesses

There maybe links on the site which direct you to a third party website owned and operated by another company other than Martini Furniture. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Martini Furniture does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

  1. Copyright and trade marks

Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on this website is owned by or licensed to us and all rights are reserved.

 

Except as required for the purpose of using this website, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of this website or its content, without our prior written consent.

 

You must not use any trademarks, service marks or logos which appear or are used on this website without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.

 

You must not create a link to any part of this website (other than solely for your internal business purposes) without our prior written consent.

 

  1. Virus warning

We do not warrant that any data (including any file) obtained through this website is free from computer viruses or other faults or defects.  It is your responsibility to ensure that you use appropriate virus scanning software.

 

Martini Furniture will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this website.

 

  1. Queries

 

If you have any questions regarding the Products featured on this website, please email us at hello@martinifurniture.com.au.