Terms and Conditions

TERMS & CONDITIONS-CURRENT PROMOTION

“April Motion Recliner Sale”

Terms and Conditions:

• The Motion Recliner Sale

• Sale will run from Friday 5^th April until Monday 22^nd April 2024

• The following offer applies:
• Marked Specials of up to 40% Off the entire motion recliner lounge range
• Savings off RRP as marked instore.
• The Sale price of all items is the FINAL PRICE offered
• No further Discount applies & we reserve the right to cancel your order if an incorrect price is applied.
• Participating Store means any one of the stores listed on the Website as a store.
• The following EXCLUSIONS apply & does not include, marked Specials on Floor stock Runout Clearance or already discontinued floor stock pieces, as marked & displayed instore or online on specially marked “Floor stock” tickets.
• This offer is not in conjunction with any finance offer or any other promotional offer.
• This offer does not apply or include a third-party finance provider. i.e. ZIP LATITUDE.
• Offer is available for normal retail quantities only, while stocks last.
• Delivery Fees apply to all items, refer to the Adriatic Delivery Guide.
• Delivery lead times may apply to some items.
• Estimated Delivery times apply to all items in transit or On Order
• The Adriatic Terms and conditions of purchase and delivery apply as set out on the Adriatic Sales order & Delivery Guide
• Prices are subject to change without notice at Adriatic Furniture’s Discretion
• Not all items may be displayed in all stores.
• Adriatic standard terms and conditions of purchase and delivery apply at adriatic.com.au.

“April Motion Recliner Sale – $55 Victoria Wide Delivery Offer”

Promotional Terms And Conditions

• Offer Valid For New Purchases In-Store/Online Between Friday April 12th until Monday 22nd April 2024.
• This Offer does not apply to previous order(s) placed before this promotional period
• $55 Delivery Promotion includes ground floor delivery only.
• Unpacking & Installation may not be available in remote/regional areas.
• Additional requirements such as lift, stairs, and challenging access points will attract additional charges.
• Offer excludes deliveries of marble, travertine and ceramic dining tables. Separate delivery and handling charges for these items will be charged as per the Adriatic delivery guide.
• Any return delivery fees will be at the expense of the customer. Return delivery costs will be quoted based on the actual cost as quoted by the nominated courier for the return product(s) on the customer’s behalf. For returns due to change of mind, initial cost of shipping as well as a re-packaging fee will be deducted from any refund or credit.
• Adriatic Furniture reserves the right to end the promotional period early, cancel orders, or refuse to fulfil orders within reason.

ADRIATIC FURNITURE TERMS AND CONDITIONS

These terms and conditions are the contract between you the purchaser and Adriatic Furniture Imports Pty Ltd. By visiting our showrooms or using our Website, you agree to be bound by these terms and conditions..

We are Adriatic Furniture Imports Pty Ltd, a company registered in Melbourne, Australia, ABN 63 005 745 362.

Our address is: 78-82 Chifley Drive, Preston Victoria 3072

You are: Anyone who uses Our Website or visits one of our showrooms.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

We may revise and update our website and in store conditions at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only, and Adriatic Furniture aims to ensure that all information provided is correct. At times, errors may occur for which we apologize.

The terms and conditions:

1.          Definitions

In this agreement:

2.          Interpretation

In this agreement unless the context otherwise requires:

• a reference to a person is a reference to one or more individuals, whether formally in partnership, or to a corporation, government body, or other association or organisation.
• these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
• except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
• in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed because of a merger, division, reconstruction or other re-organisation involving that party.
• the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
• a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
• in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $120 per hour.
• these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.          Our contract with you

• This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
• Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
• If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
• Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
• If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
• We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4.          Acceptance of your order

• Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].
• Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

• Your order is an offer to buy from us. We shall accept your order either by a deposit payment or e-mail confirmation. That is when our contract is made. Our e-mail will also confirm details of your purchase and tell you when we shall despatch your order.
• If we do not have all the Goods you order in stock, we will offer you alternatives. If this happens you may:
  • accept the alternatives we offer;
  • cancel all or part of your order.

5.          Price and payment

• The price is as set out in the order.
• It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
• Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside Australia, we will refund to you the amount charged as GST.
• Promotional prices are based off the RRP or the prior selling price on selected items, floor stock and discontinued lines.
• If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
• Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
• Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
• If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you (E&OE – as per the Adriatic Furniture sales order).
• The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
• We reserve the right to change the prices of products and any delivery, installation or other charges displayed on this website at any time without notice to you. The price displayed at the time that you placed your order will continue to apply to you even if the price changes before your order is fulfilled by us.
• We reserve the right to modify, suspend or discontinue any part or content of this website at any time without notice to you.
• If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [15] days from the date when we accept that repayment is due.

6.          Security of your credit card

We take care to make Our Website safe for you to use.

• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7.          Delivery and pick up

Goods are delivered within [an approximate timeframe indicated on your order30] days from the day you place an order to purchase the Goods.

• Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
• If we are not able to deliver your Goods within [the approximate timeframe indicated on your order 30] days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
• We may deliver the Goods in instalments if they are not all available at the same time for delivery.
• [Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.]
• All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
• Signing “Unchecked”, “Not Checked” or similar is not acceptable.
• Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
• If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
• Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
• Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
• If delivery of an order will result in unacceptably high freight charges to Adriatic Furniture, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.
• Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
• We are happy for you to pick up Goods from our shop/ warehouse provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable.
• If you pick up Goods from our premises then:
  • we will not be able to assist you in loading heavy items;
  • Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
  • you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

8.          Foreign taxes and duties

• If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
• You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

9.          Liability for subsequent defects

• We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective, the following conditions apply:
  • the defect must be reported to us within [48 hours] of becoming apparent;
  • the defect results only from faulty design or manufacture;
  • you have returned the defective Goods or parts to us if we have so requested.
• If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
• If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

10.      Goods returned

These provisions apply in the event that you return any Goods to us for any reason:

• We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
• Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
• The Goods must be returned to us as soon as any defect is discovered but not later than [15 days].
• So far as possible, Goods should be returned:
  • with both Goods and all packaging as far as possible in their original condition;
  • securely wrapped;
  • including our delivery slip;[or manufacturer’s delivery slip]
  • at your risk and cost.
• You must tell us by email message to support@adriaticfurniture.com.au that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
• In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
• Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
• If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010.
• If we agree that the Goods are faulty, we will repair or replace the Goods as we choose.

11.      Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

• All the conditions, warranties or other terms implied by the law of any county other than Australia are excluded from this agreement to the extent permitted by law.
• We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
• You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
• We give no warranty and make no representation, express or implied, as to:
  • the quality of the Goods;
  • any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  • the correspondence of the Goods with any description;
  • the adequacy or appropriateness of the Goods for your purpose;
  • the truth of any Content on Our Website;
  • non-infringement of any right.
• We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
• Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

12.      Your account with us

• You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
• If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
• You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

13.      Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

• be malicious or defamatory;
• consist in commercial audio, video or music files;
• be illegal, obscene, offensive, threatening or violent;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
• solicit passwords or personal information from anyone;
• be used to sell any goods or services or for any other commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• link to any of the material specified above, in this paragraph;
• send age-inappropriate communications or Content to anyone under the age of 18.

14.      Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted;
• the name, logo or trademark of any organisation other than yours;
• inaccurate, false, or misleading information.

15.      How we handle your Content

• Our privacy policy is strong and precise. It complies fully with current privacy law which is at [link to privacy policy].
• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
• [You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical].
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.
• [We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph [five / number] above].

16.      Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
• We may re-instate the Content about which you have complained or not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

17.      Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
• share with a third party any login credentials to Our Website.
• Despite the above terms, we now grant a licence to you to:
  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • you may copy the text of any page for your personal use in connection with the purpose of Our Website.

18.      Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;

your breach of this agreement;

any act, neglect or default by any agent, employee, licensee or customer of yours;

a contractual claim arising from your use of the Goods;

a breach of the intellectual property rights of any person.

19.      Intellectual Property

• We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
• Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
• You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
• Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

20.      Miscellaneous matters

• When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
• Where we provide goods or [services] without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees].
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of [State] and you agree that any dispute arising from it shall be litigated only in that State.

21. Website Imagery & Photography

Computer generated images of products in the various configurations and covers are only for indicative purposes. Whilst we will make every effort to accurately represent the real product, the appearance may differ depending on the resolution and quality of the computer monitor used to display them. Based on this, we strongly recommend that you view a physical sample of the relevant product and finish, prior to placing your order.

We will endeavour to keep all photography on this website up tp date and current. You must be made aware, that occasionally some products visible in our imagery & photography, may be discontinued from our range, or become unavailable, subject to the manufacturer. Please check with our online live chat or showroom staff for accessory availability.

© Andrew Taylor and Net Lawman Ltd

ADRIATIC FURNITURE TERMS AND CONDITIONS 

Adriatic Furniture sales are subject to the following terms and conditions.

1. The date of order is the date of the purchaser’s signature on their Sales Order
2. The purchaser will pay the balance of the purchase price by cash, bank cheque, direct bank transfer or credit card, or other method approved by Adriatic Furniture at its sole discretion. (Surcharges will apply)
3. Personal or non-bank cheque are not an acceptable method of payment.
4. The purchaser may cancel this order within 3 days from the Date of Order for which the purchaser will pay a $45 cancellation fee.
5. If the purchaser requests to cancel the order after 3 days from the date of order, and Adriatic Furniture, at its sole discretion accepts the cancellation request, the purchaser must pay a cancellation fee of $45 and will forfeit any deposit monies paid.
6. Rest assured that we will attempt to minimise any inconvenience caused by delays of manufacturers or transport and/or other unforeseen problems.

E & O.E. All delivery times quoted are estimates (not guaranteed)

ORDER CANCELLATION

At Adriatic, we understand that in some extreme and rare circumstances, cancelation can be difficult to avoid. Order can be cancelled within 3 days of placing your order and minimum deposit monies received. If the purchaser requests to cancel the order after 3 days from the date of order, and Adriatic Furniture, at its sole discretion accepts the cancellation request, the purchaser must pay a cancellation fee of $45 and will forfeit any deposit monies paid.

AMENDMENTS & CHANGES TO ORDERS AFTER THEY HAVE BEEN ORDERED

At Adriatic, we understand that in some extreme and rare circumstances, changes and amendments to orders may need to occur. Please contact your local showroom within 2 days from the date of purchase & your order may be amended free of charge. In order to have your goods to you as quick as possible, production of the product starts at the earliest possible time.

CUSTOM MADE ORDERS

A minimum deposit of 30% of the total purchase price is required on any “To Be Ordered” or  “Custom Made Orders”. Custom made orders can be classified as any product which requires it to be specifically ordered and made to an individual customer specification. This includes a specific colour or size other than what is displayed online and in store.  (a) The goods the purchaser has ordered will be made specially for the purchaser. (b) Adriatic Furniture will not commence making the goods until a minimum 30% deposit is received. (c) The purchaser is not entitled to a refund on any custom made order. (d) A custom made order cannot be cancelled or varied after 3 days from the date of order and customer signature. (e) The estimated delivery period (not guaranteed) commences 3 days after a minimum 30% deposit is received. (f) Adriatic Furniture will endeavour to deliver your custom made order in the delivery period estimated.

CANCELLATIONS
Any order placed in-store or online (excluding any custom made order*) accepted by Adriatic Furniture Pty Ltd may be cancelled without prior written approval of Adriatic Furniture. If an order is cancelled after more than 3 days from the date of purchase, a minimum cancellation fee of up to 33% of the purchase price will apply at the sole discretion of Adriatic Furniture. This fee would cover any loss associated with and includes; loss of value, administration and processing, any inventory and distribution cost, and/or any other associated costs. If the purchaser wishes to cancel their purchase, a request is required to be made in writing stating the reasons for the cancellation request. Adriatic Furniture does not provide a refund for change of mind. Cancellation requests must be sent to contact@adriaticfurniture.com.au

The purchaser may cancel their order within 3 days from the date of purchase, with a minimum cancellation fee of $45.00 to apply. Upon approval, a refund will be processed within 7-10 business days from which the cancellation request has been approved. All refunds will only be provided to the same method of payment as the payment received from the purchaser.

Clearance, ex-display, and/or floor stock products purchased online at a discounted price, will be clearly marked on both the product page and on checkout. These products are not in a new condition. They are non-refundable and cannot be returned as the range has been discontinued, and/or replacements may not be available should issues arise. These items have been removed from there original packaging and may have minor wear and tear and/or imperfections. Inspection is highly recommended if you are located outside of Melbourne, regionally or interstate, where you will need to make arrangements to inspect the goods before they are delivered/collected.

PAYMENTS
Payment for your order must be made in full prior to delivery. Company or Personal cheques will NOT be accepted. Surcharges will apply on all card payments. Credit card payments may not be accepted over the phone or we may require written consent. If the purchaser fails to pay all or any part of the purchase price and associated costs and charges for the goods by the due date for payment, Adriatic Furniture without prejudice to any other rights it may have, may retake or resume possession of the goods and commence legal proceedings to recover from the purchaser any unpaid purchase price and charges.

COLLECTION OF GOODS
The following applies if the purchaser elects to collect or arrange their own collection and delivery. (a) Adriatic Furniture will not accept claims for scratches, indentations, marks, missing colour, or any other visible damage once the goods have been collected from Adriatic Furniture. It is important to inspect the goods thoroughly before taking the goods and signing that the goods were received in good order. (b) If collecting goods from the Adriatic Furniture Distribution Centre, the purchaser must contact the Despatch Department 48 hours before pickup to make an appointment. The contact details are on the front of this Sales Order. (c) Payment by cash or bank cheque must be made in full 48 hours before collection of goods. Adriatic Furniture can accept credit card payment in store 48 hours before pickup. Surcharges may apply. Credit card payment will not be accepted over the phone. (d) Upon collection of goods an original Sales Order and Payment Receipt must be presented. (e) Adriatic Furniture Occupational Health & Safety policies prohibit its staff from lifting furniture outside its Distribution Centre. The purchaser should ensure they have sufficient help to carry and load goods from the Distribution Centre to their vehicle. Adriatic Furniture will not be liable for any damage caused due to incorrect/unsafe loading or improper securing of all collected goods. Please be aware that some items are heavy and require two people to lift them. (f) Collection of goods must be made by appointment only and between the hours of 10:00am-12:30pm and 1:30pm-3:00pm, Monday to Friday.

DELIVERY
All dates of delivery, whether written or verbally provided are only estimates. All goods shall be accepted for delivery by the purchaser within 28 days after Adriatic Furniture has given notice to the purchaser that the goods are available for collection. The purchaser will be liable for all costs and charges, including storage, arising from not accepting delivery within 28 days. OWNERSHIP OF THE GOODS 7. Ownership of the goods ordered remains with Adriatic Furniture until full payment has been made for the goods including any applicable costs and charges. Any proceeds received by the purchaser for the sale of the goods before full payment has been made to Adriatic Furniture in respect of the goods, shall be held in trust by the purchaser for the benefit of Adriatic Furniture.

OWNERSHIP OF THE GOODS
Ownership of the goods ordered remains with Adriatic Furniture until full payment has been made for the goods including any applicable costs and charges. Any proceeds received by the purchaser for the sale of the goods before full payment has been made to Adriatic Furniture in respect of the goods, shall be held in trust by the purchaser for the benefit of Adriatic Furniture.

WARRANTY

Each piece of Adriatic Furniture is subject to the terms and conditions of the manufacturer’s limited warranty. Adriatic Furniture will make good by repairing or replacing any defect caused by sub-standard materials or workmanship covered by the manufacturer’s limited warranty. Proof of purchase including invoices and receipts must be provided. No other warranty is valid unless express or implied except by the effect of mandatory laws.

The Adriatic Furniture Warranty is valid to the original purchaser’s delivery address as stated on the delivery invoice at the time of delivery.

The warranty does not cover wear and tear, damage caused by inappropriate cleaning methods, excessive loading or misuse of the goods. The purchased should obtain and comply with the instructions relating to the care and maintenance for the products purchased. The warranty is effective from the date of purchase. Adriatic Furniture goods come with guarantees provided by the Australian Consumer Law.

Unless otherwise specified in writing by Adriatic Furniture (in, for example, a Sales Order), Adriatic Furniture warrants that;

(a) The frame used in each Adriatic Furniture lounge is guaranteed against failure due to a manufacturing defect for its lifetime

(b) The electronic and motion components for all recliners and sofabeds are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of purchase, excluding batteries and transformers that come with a 12 month warranty;

(c) All components of your product other than (a) and (b) above (including leather, fabric, lacquered and other timber finishes, chrome and metal, glass and marble, ceramic and stone) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of purchase.

The warranty against defects is nontransferable and is limited to the original purchaser on the original Sales Order. The warranty against defects only applies to goods used for normal domestic purposes & excludes goods used for commercial purposes and/or in a commercial setting. E.G. Restaurant, cafe, bar etc

HOW TO MAKE A CLAIM AGAINST WARRANTY DEFECTS
To claim under the Adriatic Furniture Warranty against a defect, the purchaser: (a) must stop using the product immediately after the defect appears; and (b) must notify Adriatic Furniture within 7 days of the defect appearing; (c) provide Adriatic Furniture with a copy of the original Sales Order & delivery tax invoice. To make a claim, the purchaser can lodge a service claim on the Adriatic Furniture website Service Request – Adriatic Furniture Pty Ltd or telephone the Customer Service department on 1300 278 493 and follow the prompts. Once a claim has been lodged with the Adriatic Furniture Customer Service Department, Adriatic Furniture will assess the purchaser’s claim, and respond within 5 business days. The cost associated with the claim including any costs of freight, house calls, labour and other items, is borne by the purchaser. The costs are based on standard Adriatic Furniture rates.

REMEDIES FOR WARRANTY AGAINST DEFECTS
If a part or product is confirmed by Adriatic Furniture to have a manufacturing defect, Adriatic Furniture will, at its sole discretion, determine whether to repair or replace the defective part or product. Adriatic Furniture is not liable for any loss or damage of any kind arising in connection with the goods including, but not limited to, indirect and consequential loss, except as expressly stated in the warranty against defect, to the maximum extent permitted by law.

VARIATIONS

The description of all furniture as detailed in the Sales Order is accepted as correct by the purchaser. The purchaser acknowledges that colour swatches and samples are only approximate guides, as leather, fabric, timbers and any stone product may vary in texture, colour and finish. Depending on the selected covering and finish, the furniture may differ in character and feel when compared with showroom furniture. Softness and creasing of the furniture may also vary from the showroom furniture. Prolonged exposure to direct or indirect sunlight can cause fading, drying and splitting to leather, fabric, timber and some stone products.

SPECIFICATIONS
Adriatic Furniture reserves the right to change the design, price, construction and dimensions of its products without notice. The sales staff of Adriatic Furniture are available to assist with any queries regarding any products, but the final decision on any products including the suitability on a particular model, colour, finish or covering is entirely the purchaser’s responsibility. The purchaser should choose carefully because Adriatic Furniture does not refund or exchange if the purchaser has a change of mind.

STORAGE
A storage fee may apply if products are not collected or not able to be delivered within 28 after Adriatic Furniture has given notice to the purchaser that the goods are available for collection.

RETURN OF GOODS
The purchaser is responsible for returning the goods to Adriatic Furniture at the purchaser’s expense if the purchaser had collected the goods from Adriatic Furniture. Before goods are returned, the purchaser should make arrangements with Adriatic Furniture to receive the goods.

ACCIDENTAL DAMAGE WARRANTY PROGRAM

Protect your new furniture from the unexpected stains and spills of everyday life with our five-year fabric or leather accidental damage warranty program. Live life the way you want and enjoy complete peace-of-mind with the ability to make one claim a year over the five-year period of your plan.*

Adriatic Furniture offers an accidental damage warranty and protection for your fabric and/or leather upholstered lounge or dining room furniture for one claim per year up to the value of your initial purchase over a 5 year period*.

The Adriatic Furniture Customer Service Team must be notified of an incident to be claimed under this warranty within five days of the incident occurring. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

All Accidental Rips, Cuts and Cigarette Burns must be reported to Total Furnishing Care Pty Ltd immediately and the furniture NOT used until all repair work has been carried out. Should the original fabric/leather not be available for any reason, the customer shall be granted the right of a refund of the full purchase price of their Ultimate Fabric Program or the right to choose any alternative fabric/leather (of similar dollar value per square meter as the original) for the professional recovering of the damaged area. Total Furnishing Care Pty Ltd cannot guarantee the exact colour match due to variations in dye lots (This shall be the full extent of the Total Furnishing Care Pty Ltd Accidental Rips, Cuts, Tears and Burns Protection Guarantee). All work shall be carried out exclusively by persons approved by Total Furnishing Care Pty Ltd.

The customer shall be responsible to arrange for the delivery and collection of any furniture to our appointed repairers if required. Only one claim shall be permissible for any single seating position under this program and in the event of any item of furniture being replaced (at the discretion of Total Furnishing Care Pty Ltd), ownership of the original item of furniture shall pass to Total Furnishing Care Pty Ltd. No future claim made in relation to the repaired or replaced article shall be applicable. In the event of any claim being made in this program, evidence of the original proof of purchase of our program will be required, a contact telephone number, your guarantee number, original place of furniture purchase, and information as to how the damage was caused.

This is an Australia-wide guarantee and is not transferable. It is a condition of this agreement that the Application, Care and Maintenance Instructions provided be maintained in accordance with our recommendations. The Following Exclusions are Applicable to this Program Damage which has been caused during transportation, delivery or caused by moving your furniture incorrectly
in any way, deliberate or willful damage, damage that is covered by existing insurance policies or manufacturer’s warranties, damage that occurs as a result of deficiency in the manufacturing process of the furniture or fabric, colour or dye transfer, damage caused by animals, damage to stitching (or stitching coming undone), damage caused by everyday use (such as general wear and tear, general soiling or fading), furniture that is of commercial or rental use, damage caused by malicious intent or negligence (such as multiple unattended to stains and cigarette burns), failure to carry out after care and maintenance instructions provided and damage caused by any external sources or influences.

AUSTRALIAN CONSUMER LAW

All Adriatic goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To view the Adriatic Furniture Warranty Against Defects and a more detailed description of your rights and remedies under the Australian Consumer Law, see details above. To view the detailed list of the terms and conditions of the Adriatic Accidental Damage Warranty Program, please visit our terms and conditions page.
For information about the Australian Consumer Law visit: www.consumerlaw.gov.au