General Terms & Conditions of Sale (Terms & Conditions)
In these Terms and Conditions:
Account means a personal account created by you on the Website;
- Additional Delivery Charge has the meaning given in paragraph 17;
- Amart Furniture, (and we, us, or our) means Amart Furniture Pty Ltd ACN 009 810 324;
- Australian Consumer Law (or ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth) 2010;
- Delivery Charge has the meaning given in paragraph 15;
- Delivery Options means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
- Goods means goods purchased in an Order;
- Order means an order for Goods either instore or on the Website;
- Password means the password needed to access your Account;
- Publication means any promotional or marketing publication produced by us including catalogues, TV and the Website;
- Website means www.amartfurniture.com.au.
Your rights under the Australian Consumer Law
- Your purchase of Goods is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods:
- must be of acceptable quality;
- be reasonably fit for the purpose that we say they will be fit for; and
- will correspond with any relevant description.
Nothing in these Terms & Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Our Goods are intended for personal, domestic, non-commercial use only.
- Prices include GST. Amart Furniture reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by us.
- Each Order that you place will, if accepted by Amart Furniture, be a separate and binding agreement between you and Amart Furniture with respect to the supply of the Goods, in accordance with the Terms & Conditions.
- Prices may vary between states and regions.
- Savings are off regular ticket prices unless otherwise stated.
- Risk and title in Goods passes to you on the date and time of delivery of the Goods.
- Stock availability may be affected by supplier delays. As such we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Amart Furniture reserves the right to withdraw or suspend from sale any Goods displayed in any Publication, either temporarily or permanently, at any time without notice to you. We may also cancel an Order at any time before delivery where (without limitation):
- our suppliers are unable to supply the Goods under an order we have given them;
- any event beyond our control means that we are unable to supply the Goods within a reasonable time;
- Goods were misdescribed (such as price, functionality or incorrect image), which was not identified before we accepted your Order; or
- you ask us to cancel your Order if you are entitled to do so under these Terms & Conditions.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Amart Furniture will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or otherwise.
- Despite paragraph 6, Goods not immediately available will be supplied to you at the price displayed in a Publication at the time you place your Order. Excludes products marked “Limited Stock” “Discontinued Item”, “End of Range” or “Once only bulk buy”.
- Any photos or illustrations of Goods in any Publication are for illustrative purposes only and may vary from store to store.
- Product availability (quantity colours or styles) of products may vary between stores. You should confirm the availability by contacting your local Amart Furniture store.
- All fabrics & colours shown our Publications may not be on display in all stores.
- Accessories and mattresses are shown for display purposes only and are not included in the purchase unless specifically nominated.
- Delivery charges (if any) are payable in addition to the price for the Goods (Delivery Charges).
- For website Orders, any Delivery Charge will appear in your shopping cart. You may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area not normally serviced by our delivery contractor (Additional Delivery Charge). Additional Delivery Charges may apply even where the item is shown on the Website shows “free delivery”, “free freight” or similar. If an Additional Delivery Charge is to apply we will contact you before accepting your Order and provide you with a quote. If you do not accept the Additional Delivery Charge, we will cancel your Order. Amart Furniture will not take payment for your Order until you have confirmed your acceptance of any Additional Delivery Charge.
- By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.
Placing Orders Online
- You will need to create an Account if you don’t have one before placing an Order, unless you utilise the “Guest Checkout” feature.
- You may not set up an Account for someone else.
- You warrant to Amart Furniture that all information provided by you in relation to your Account is complete, true and accurate.
- You must notify us immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Amart Furniture will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your Account information being incomplete or inaccurate; or
- any unauthorised use of your Password or Account which takes place before you notify us.
- If Amart Furniture suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify us then you must pay Amart Furniture the amount of that loss, damage, cost or expense if we ask you to.
- You may place an Order by following the instructions on the Website.
- An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Amart Furniture may accept or reject your offer in its absolute discretion. In particular, but without limitation, Amart Furniture may reject Orders for commercial quantities of Goods.
- If you place an Order for someone else to receive the Goods you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to Amart Furniture that you have that consent.
- Please ensure that you enter all information carefully when placing an Order. You warrant to Amart Furniture that all information provided by you in relation to each Order is complete, true and accurate.
- Orders may not be cancelled or changed once the Order has been accepted by Amart Furniture unless permitted under these Terms & Conditions.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Amart Furniture will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Amart Furniture, whether in contract, negligence or otherwise.
- When you submit an Order on the Website you will receive an Order reference number via e-mail.
- When Amart Furniture accepts an Order it represents an agreement by us to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to the Terms & Conditions.
- You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Amart Furniture may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Amart Furniture to deduct the price and the applicable delivery charge(s) from such card.
- We may change the payment methods that can be used for Orders at any time in its absolute discretion.
- Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
Cancellation of Orders
- You may cancel your Order if:
- a cooling off period applies (such as for Special Orders (see below);
- we have breached a material term of these Terms and Conditions;
- we are not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website unless for reasons outside our control.
- If we cancel your Order after acceptance, we will send you an e-mail notifying you of that cancellation. If we do we will refund any money paid in respect of that Order unless an amount paid is subject to be forfeited (such as the non-refundable deposit for Special Orders).
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Amart Furniture will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or otherwise.
- Goods will generally only be delivered to addresses within Australia.
- The terms and conditions for our Gift Cards can be found here https://www.amartfurniture.com.au/gift-cards
Refunds & Returns (including Quality Guarantee & Guide)
- See our Refunds and Returns Policy here: Returns Policy For warranty claims see our Quality Guarantee and Guide here: Quality Guarantee
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Amart Furniture will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or otherwise.
- To the full extent permitted law, Amart Furniture is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
- Our Delivery Terms forms part of these Terms & Conditions. The Delivery Terms can be found here: Collections & Delivery
- Amart Furniture reserves the right to amend these Terms & Conditions at any time. Any amendment will take effect from the time that it appears on the Website.
- Any provision in these Terms & Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- These Terms & Conditions are governed by the laws of Victoria, Australia.
General information and promotional disclaimers
See below for disclaimers and expansion terms commonly used in our Publications
- + Free local delivery only available within a 20km radius of store of purchase when purchasing the designated product offer at the advertised price. Not available with any other offer or promotion.
- ^^Nominated Half Price item only available when purchasing the designated product at the advertised price.
- *Amart Furniture Lowest Prices Guarantee applies to the price of any comparable product advertised by our competitors (even online). It extends up to the time you accept delivery of your purchase. It applies to our competitor’s final price, including delivery fees & charges. Products must be directly comparable (including warranty terms & stock availability). Redeemable in-store only. Exclusions apply.
- «Free 5 year accidental damage cover only available when purchasing the designated product at the advertised price. Not available to commercial customers. For full terms and conditions please visit Smart Care
- ~Discontinued item. No rain checks. Available only while limited stock lasts.
Confirmation of ID
- When ordering online or over the phone, you may be requested to provide proof of ID (e.g. drivers licence or passport) and to present the credit card used to purchase any item prior to delivery.
Protection of systems and devices
- It is your responsibility to ensure that you have sufficient protections in place to protect your device (PC, tablet, smartphone etc) and systems and to scan any materials from this Website for viruses or other defects or corruptions that may cause damage to or interfere with your device or systems. Amart Furniture does not warrant that its Website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this Website. Amart Furniture will also not be liable and accepts no responsibility for any interruption to your access to this site.
Copyright & Trademarks
- Amart Furniture is the owner of the copyright of this Website and the content contained on the site. You may use the Website for personal use only but must not use it for commercial purposes. You are not authorised to and must not adapt, distribute, print, transmit, reproduce, display, perform or publish any part of this Website or the content contained on it without the express written permission of Amart Furniture. The Website contains registered trademarks owned by Amart Furniture and may also contain trademarks owned by other parties. You are not authorised to use these trademarks without the express written permission of Amart Furniture or the relevant other party.
- This site may contain links to other Websites. The presence of a link is not an endorsement of the site or the information contained on it. Further, Amart Furniture has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or caused by any linked site.
- Amart Furniture is not liable for any loss suffered in connection with the use of this Website or a linked Website. This general disclaimer is not restricted or modified by any specific warnings and disclaimers. Information on this site is provided "as is" without warranty of any kind. Information on this Website may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. Amart Furniture has a policy of continuous improvement of products and reserves the right to make improvements or changes to products without notice.
- Amart Furniture, its directors, officers and employees do not accept any responsibility or liability (whether direct or consequential) that may arise from the use of this Website or errors/omissions in the information or content on this Website.
User Generated Content (UGC)
- You may be able to you to submit materials (including links to third party content) which can be accessed and viewed by the public (UGC). By using these features, you acknowledge and agree that:
- the submission and display of your UGC on this Website, is not in breach of any third party’s rights or any applicable laws;
- you waive all moral rights that you may have in your UGC;
- we have no obligation to monitor UGC but may do so and may edit, amend or remove UGC in our absolute discretion without notice to you;
- you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment;
- your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Amart Furniture to use and display your UGC on this Website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
- To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to Amart Furniture that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
- To the extent your UGC includes a question or query, you acknowledge that Amart Furniture may answer your question or query solely in its own discretion but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
- Our General Terms and Conditions of Sale apply to Special Orders. See: Made To Order Terms & Conditions
- Special Orders are for products that are made according to your unique requirements. We are happy to place orders for products which are not currently stocked but which may available to us on special order (like colour variations and mattress sizes). As Special Orders are custom made, modified or specially ordered, certain additional terms and conditions apply including:
- a Cooling Off Period of 48 hours applies to all products Made to Order. You may cancel your order and obtain a full refund of your deposit at any time during the Cooling Off Period. However if you do not cancel within the Cooling Off Period, your Order is confirmed and your Deposit is not refundable in any circumstances.
- a 50% deposit (or 100% for cut-down blinds) is payable on order placement which is non-refundable after the 48 Hour cooling off period (Deposit).
- the Deposit must be paid in cash or credit card (not on Interest Free terms).
- holding charges may apply if you fail to arrange for collection or delivery within a reasonable time of being notified of availability.
- Please also note that delivery of Special Orders may take between 8-12 weeks and that the timing of any replacement or repairs under our Quality Guarantee are subject to similar timeframes.
- It is your responsibility to ensure the accuracy of all measurements. Different applications are measured differently. If you are unsure consult the online measuring guide (www.amartfurniture.com.au/blinds/how-to.
- Do not rely on measurements from plans as they may vary from “as built” dimensions.
- Cut-down products are suitable only to you. Payment in full is required at the time an order for cut-down products is placed. Your order will not be processed until payment is received.
- Orders for cut-down products cannot be cancelled and there are no refunds for cut-down products incorrectly measured if they don’t fit.
- Only standard hardware is supplied with cut-down products. Any additional hardware required is your responsibility.
- Our Quality Guarantee (applies to cut-down products however our Satisfaction Guarantee (Returns Policy) does not.
- Whilst we will do what we can, we are not responsible for future damage resulting from the modifications such as fabric fraying or loose stitching.
Refunds and Returns Policy
Our Vow to Wow
At Amart Furniture we want you to have a fulfilling shopping experience either in-store or on-line. To assist you, we have set out our returns policy below.
- We want you to love your new furniture. If you find it doesn't fit (or doesn't match) or you have simply changed your mind, just let us know and we will do what we can to assist.
- We will happily exchange your products for products of equivalent value or provide you with a full refund if you change your mind:
- within 30 days of the date of your order (for most orders); and
- within 48 hours for Made to Order, mattresses, special orders and blinds (Special Orders)
- There are no refunds or returns for change of mind after the applicable cooling off period above. Of course, our Quality Guarantee (and Sleep Guarantee for mattresses) will continue to apply.
- And please remember, refunds or returns are only available where the product is returned undamaged, in its original condition and packaging, complete with instruction manuals, assembly instructions and accessories. You are also responsible for all transportation costs (although we will do what we can to minimise them).
Proof of purchase
- You must provide us with reasonable proof of purchase to obtain a refund, exchange or to repair a product that you have purchased from us. Proof of purchase includes:
- Tax Invoice.
- Receipt or Delivery Note for online purchases. Unfortunately, a confirmation email is not sufficient.
- Finance documentation.
- Whilst we will make every effort to locate transaction receipts through our system if you have lost or misplaced your tax invoice, we will only accept a bank or credit card statement if the amount on that statement directly corresponds to the amount for which the product in question was purchased. Multiple item purchases in one transaction will limit our ability to establish proof of purchase.
- Refunds & returns for unsafe, defective or damaged goods or goods which don't match description
- Your entitlement to a refund, repair or replacement for unsafe, defective or damaged goods is outlined in our Quality Guarantee. All faults or defects should be reported to us within 7 days of the defect or fault appearing to avoid any further damage. You may lose the benefit of the Quality Guarantee unless you abide by its terms.
How to make a claim:
- Our Quality Guarantee claim forms and the details on how to claim are available on our Product Guarantee page. Please follow the steps provided in order to submit your claim. We will then assess your claim to determine the nature of the issue, whether you are entitled to a remedy, and the remedy that will be made available to you.
- Amart Furniture will also accept product returns where you can provide proof of purchase and:
- the product is not fit for its intended purpose, or
- the product does not match the sample or our description.
- Refunds generally are only paid to the customer whose personal details are noted on the Tax Invoice. Refunds will be processed using the original payment method. If you purchased using a credit card, any refund will be processed to that card. Please note that processing times for refunds to credit/debit cards are outside of our control. Paypal refunds will processed to the card or account used for the original purchase. Paypal refunds will generally be processed within 24 hours.
- Our Goods are designed and constructed to be used for domestic purposes or in commercial or controlled environments (like offices). See our Terms and Conditions for more details.
Amart Furniture 180 Nights Sleep Guarantee
Allow us to give you peace of mind with your purchase with 180 Night Sleep Guarantee on any Orthokinetic Mattress.
- Choosing the right mattress is an important decision, and often a difficult one to make.
- So allow us to give you peace of mind with your purchase with a 180 Night Sleep Guarantee on any Orthokinetic mattress.
- You can now rest easy, knowing that not only are you purchasing a quality mattress, but are guaranteed a great night's sleep...because if you're not 100% happy - we'll gladly exchange it! Terms and conditions apply*.