1 AGREEMENT
1.1 Offer and acceptance
The Website of Olsen & Orringe Pty Ltd, ACN: 603 928 249 trading as Home Furniture on Consignment (“HFOC”), is offered to You, the User, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to and acceptance of all such terms, conditions, and notices.
2 ACCEPTABLE WEBSITE USE
2.1 Personal non-commercial use
The Website is for your personal and non-commercial use only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these websites without obtaining prior written approval of HFOC.
You may not use any part of the material on the website of HFOC to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, Internet site or other means of distribution without obtaining prior written approval of HFOC.
2.13 Non-reproduction
All HTML code contained in the Website is owned by HFOC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of this code is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
2.14 Non-provision of accurate or deceptive information
As a condition of your use of the Website, you agree that you will not provide inaccurate or deceptive information when completing forms or other means enabling you to enquire about or purchase Merchandise.
3 LIABILITY AND INDEMNITY
3.1 No warranty as to accuracy
The content on the Website has been derived from sources believed to be accurate and current. While every effort is made to ensure the reliability, accuracy and completeness of the content, neither HFOC, it's employees or agents accept liability or give any representation or warranty to the same; or warrant that any of the functions contained in any content or that the use of the Website will be uninterrupted or error-free.
3.12 Website subject to change, improvements etc
The information, software, products, and services published on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HFOC and/or its respective suppliers may make improvements and/or changes to the website at any time.
3.13 Website subject to change, improvements etc
HFOC and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained in the Website for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind. HFOC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, in no event shall HFOC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if HFOC or any of its suppliers has been advised of the possibility of damages
3.14 HFOC liability
HFOC provides the Website without any express or implied warranty or condition concerning the Website’s capacity; Neither HFOC nor its suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the use of the Website or the sale of any Merchandise.HFOC does not guarantee continuous, uninterrupted or secure access to the Website. Operation of the Website may be restricted by factors outside of HFOC’s control or during maintenance.You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Website may not be available and orders placed using the Website may not be processed or accepted as a result.HFOC cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the Website.HFOC cannot guarantee the preservation of any record relating to your use of the Website or the purchase of Merchandise using the Website, and may delete information at its sole discretion and without notice to any person.
3.15 Indemnity
You waive, release, discharge and relinquish any and all claims that you now have or may have against HFOC, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Website. You agree to indemnify and defend HFOC, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“HFOC Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the HFOC Indemnified Parties arising out of or in connection with your breach of the terms of this agreement or your use of the Website, including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis. You further agree to indemnify and hold the HFOC Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of this agreement by you, or the infringement by you, or other user of the Website using your identification, of any intellectual property or other right of any person or entity.
STORE TERMS AND CONDITIONS
1 AGREEMENT
1.1
These Terms and Conditions shall apply to any Order between Olsen & Orringe Pty Ltd, ACN: 603 928 249, trading as Home Furniture on Consignment (“HFOC”) for the supply of Merchandise. Please read these Terms and Conditions carefully as they contain exclusions and limitations of HFOC’s liability under any such Order.
1.2
These Terms and Conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the Purchaser, and no addition alteration or substitution of these terms will bind HFOC or form part of any Order unless they are expressly accepted in writing by HFOC.
2 TITLE AND RISK
2.1 Risk
In respect of all Merchandise, risk shall pass to the Purchaser immediately upon the acceptance of an Order by HFOC regardless of when possession of the Merchandise is taken by the Purchaser
2.2 Title and Payment
HFOC warrants that, (except in relation to intellectual property rights of third parties as referred to in clause 2.4) HFOC has good title to the Merchandise (excluding Consignment Items), and that it will transfer such title as it may have in the Merchandise (excluding Consignment Items) to the Purchaser subject to clause 2.6. All payments for EFT sales must be recieve within three days of purcahse or HFOC retains the right to relist the item for sale.
2.3
HFOC warrants that, (except in relation to intellectual property rights of third parties as referred to in clause 2.4) in relation to Consignment Items, HFOC has authority from the owner of the Consignment Items to sell the Consignment Items and procure the transfer of title in the Consignment Items to the Purchaser subject to clause 2.6.
2.4
HFOC warrants that it is not aware of any actual or alleged infringements of any intellectual property rights of third parties which relate to the Merchandise other than those (if any) which HFOC has disclosed to the Purchaser prior to its acceptance of the Order.
2.5
HFOC shall have no liability to the Purchaser in the event that the Merchandise the subject of the Order infringe any intellectual property rights of a third party (including without limitation by reason of their possession, sale or use, whether alone or in association or combination with any other Merchandise); HFOC gives no warranty that the Merchandise the subject of the Order will not infringe as aforesaid, and all conditions, warranties, stipulations or other statements whatsoever relating to such infringement or alleged infringement (if any), whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
2.6
Title to the Merchandise comprised in each Order shall not pass to the Purchaser until the Purchaser has paid the price for the Merchandise and, where applicable, all costs for the delivery and/or storage of the Merchandise the subject of the Order to HFOC, but, even though title has not passed, HFOC shall be entitled to sue for their price once its payment has become due.
2.7 Manufacturer’s warranty
Subject to any rights the Purchaser may have under any law, if any Merchandise is sold to the Purchaser with an accompanying manufacturer’s warranty, HFOC will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is the Purchaser’s responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
3 SHIPPING, DELIVERY AND STORAGE
3.1 Costs of shipping, delivery and storage excluded
Unless otherwise stated in the Order, the price quoted for Merchandise will be exclusive of all shipping, delivery, storage and associated costs and charges. All shipping, delivery, storage and associated costs and charges are at the sole expense and responsibility of the Purchaser.
3.2 Arrangements for shipping, delivery and storage
Upon acceptance of an Order for Merchandise by HFOC, the Purchaser may request HFOC to assist with, facilitate and do all such things reasonably necessary to arrange for shipping and/or delivery of the Merchandise to a location nominated by the Purchaser, including but not limited to:
providing details of certain recommended shipping and delivery service providers; liaising with shipping and delivery service providers regarding the delivery of the relevant Merchandise on behalf of the Purchaser; Making the relevant Merchandise available for collection by the Purchaser, its agents, contractors or authorised representatives; and in certain circumstances, paying the costs of shipping and delivery direct to the shipping and delivery service provider, with such costs to be reimbursed to HFOC by the Purchaser.HFOC may, in its absolute discretion, refuse to grant the Purchaser’s request for assistance and facilitation made pursuant to clause 3.2(a) and in such circumstances, the Purchaser is solely responsible for the collection and/or delivery of the Merchandise. If HFOC grants a request by the Purchaser made pursuant to clause 3.2(a), the Purchaser acknowledges and agrees that it will be solely liable for all costs and charges associated with the delivery of the Merchandise, with such costs and charges to be payable in addition to the purchase price of the relevant Merchandise and paid prior to the delivery of the Merchandise.If HFOC grants a request by the Purchaser made pursuant to clause 3.2(a), HFOC will use its best endeavours to assist with, facilitate and do all such things reasonably necessary to arrange for delivery of the Merchandise however, the Purchaser acknowledges and agrees that HFOC will not be liable for any loss, costs or damage suffered by the Purchaser arising out of or in connection with the assistance and facilitation of the delivery of Merchandise by HFOC.
3.3 Purchaser risk and liability
In all instances where the Purchaser, its agents, contractors or authorised representatives attend the premises of HFOC for the purposes of inspecting, collecting or removing the Merchandise, the Purchaser or its agents, contractors or authorised representatives must observe and comply with:
All laws relating to occupational health and safety; all directions, requirements or warnings made by HFOC, its agents, employees, contractors or authorised representatives regarding the Merchandise, the location of the Merchandise and the premises of HFOC; and all directions, requirements or warnings made by HFOC, its agents, employees, contractors or authorised representatives regarding inspection, collection and/ or removal of any Merchandise from the premises of HFOC.The Purchaser acknowledges and agrees that any inspection, collection or removal of Merchandise from the premises of HFOC by it, its agents, contractors or authorised representatives is at the Purchaser’s sole risk and liability and that HFOC will not be liable for any loss, costs or damage suffered by the Purchaser arising out of or in connection with the inspection, collection or removal of Merchandise from the premises of HFOC.
Storage 3.4
3.4
Subject to any rights the Purchaser may have under any law, if any Merchandise is sold to the Purchaser with an accompanying manufacturer’s warranty, HFOC will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is the Purchaser’s responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
4 RETURN OF MERCHANDISE AND REFUNDS
4.1 No warranty or guarantee
HFOC makes no warranty or guarantee that Merchandise is fit for the purpose for which Merchandise of that type is ordinarily used.
4.2 No reliance by Purchaser
The Purchaser acknowledges and agrees that in selecting the Merchandise it has not relied on any skill or judgement or any representations by HFOC, its agents, employees, contractors or authorised representatives.
4.3 Return of Merchandise
A Purchaser is not entitled to return Merchandise the subject of an Order if the Purchaser changes his mind.
4.4 In respect of New Merchandise that is faulty and/or manifestly defective:
A Purchaser may return the New Merchandise within 14 days of the relevant Order being accepted by HFOC; and
If a Purchaser elects to return the New Merchandise in accordance with clause 4.4(a) and HFOC considers in its reasonable opinion that the New Merchandise is faulty and/or manifestly defective, HFOC will in its absolute discretion offer to replace the returned New Merchandise or provide a refund of the purchase price to the Purchaser. If a Purchaser fails to return New Merchandise within the time period stated in clause 4.4(a), the Purchaser will be deemed to have accepted the New Merchandise irrespective of any faults and/or defects, and HFOC will be under no obligation to offer a replacement of refund in respect of the New Merchandise.
4.5 in respect of Consignment Items and Pre-Owned and Second-Hand Merchandise:
A Purchaser accepts those items as is and in whatever state of condition and repair that they are sold in, including any faults, defects or imperfections, and HFOC will not accept a return of, or give refunds in respect of any Consignment Items and/or Pre-Owned and Second Hand Merchandise that is the subject of an Order.
5 RELEASE AND INDEMNITY
5.1 The Purchaser agrees to release HFOC and hold HFOC harmless from all liability for or in respect of any loss, damage, costs and expenses of whatsoever kind which HFOC have or may have or, but for the operation of this clause, might have had arising from or in any way connected with these Terms and Conditions or an Order.
5.2 The Purchaser agrees that it will fully indemnify HFOC for and in respect of all loss, liability, costs and expenses of whatsoever kind which HFOC may suffer or incur arising from or in any way connected with any breach by the Purchaser of these Terms and Conditions. This indemnity shall include but not be limited to loss, liability, costs and expenses which we may suffer or incur in respect of any claims, actions, proceedings, disputes or allegations made against HFOC or to which it is a party.
5.3 In respect to Consignment Items and Pre-Owned and Second-Hand Merchandise:
for any loss of profit, business, contracts, revenues, or anticipated savings, or depletion of goodwill; or for any special, indirect or consequential damage of any nature whatsoever.
6 GENERAL TERMS
6.1 Governing Law
HFOC is an Australian-based business, and hfoc.com.au is an Australian-based website; therefore the terms of this agreement are governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from the terms of this agreement are subject to the exclusive jurisdiction of the courts in New South Wales, Australia.
Government and Statutory Charges
6.2 All prices of Merchandise are inclusive of Government and statutory charges, unless otherwise stated.
Modification of These Terms and Conditions
6.3 HFOC reserves the right to change at any time, at its sole discretion and without prior notice, these Terms and Conditions.
Force majeure
6.4 shall not be under any liability for any failure to perform any of its obligations under an Order due to Force Majeure. Following notification by HFOC to the Purchaser of such cause, HFOC shall be allowed a reasonable extension of time for the performance of its obligations.
For the purposes of clause
6.4, “Force Majeure'' means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
7 DEFINITIONS AND INTERPRETATION
7.1
In these Terms and Conditions the following words or expressions shall have the meaning assigned to them unless the context requires otherwise:
Consignment Item means an item held by HFOC on consignment from the owner of that item and which is offered for sale by HFOC with the authority of the owner of that item; Merchandise means any item offered for sale by HFOC either via the Website or on the premises of HFOC, including Consignment Items, New Merchandise and Pre-Owned and Second Hand Merchandise; New Merchandise means any item of Merchandise that is not a Consignment Item or Pre-Owned and Second Hand Merchandise;Order means an offer to purchase Merchandise made to HFOC by a Purchaser either via the Website or on the Premises of HFOC, which is accepted by HFOC, in its sole and absolute discretion, and if so accepted, will constitute an individual legally binding contract between HFOC and the Purchaser subject to these Terms and Conditions. Purchaser means a purchaser of Merchandise; Pre-Owned and Second Hand Merchandise means any Merchandise that is not New Merchandise; Website means the website of HFOC. Interpretation
7.2
In these Terms and Conditions, unless the contrary intention appears:
headings are for ease of reference only and are not relevant to interpretation; the singular includes the plural and vice versa and a gender includes another gender; a reference to a party is to the party identified in these Terms and Conditions and includes a reference to that party’s executors, administrators, successors and permitted assigns; words importing natural persons include partnerships, bodies corporate and associations; other grammatical forms of defined words have corresponding meanings; monetary references are references to Australian currency; a reference to these Terms and Conditions or any other document includes a reference to it as novated, altered or replaced; a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; and an agreement, representation or warranty made by two or more persons binds them jointly and severally.