Terms & Conditions

General Terms & Conditions of Sale (Terms & Conditions) 

Definitions

  1. In these Terms & Conditions:
    • Account means a personal account created by you on the Website;
    • Additional Delivery Charge has the meaning given in paragraph 49
    • 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
    • Delivery Option 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;
    • Good means goods purchased in an Order;
    • Online Exclusive means Goods described as Online Exclusive which are only available for purchase via the Website;
    • 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 eDM, catalogues, TV and the Website;
    • Website means www.amartfurniture.com.au.
  2.  

    Your rights under the Australian Consumer Law

  3. 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.
  4. 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.
  5. We may update these Terms & Conditions from time to time. The current version will always be published on the Website. We encourage you to read these Terms & Conditions, and contact us if you have any questions.
  6. Our Goods are intended for personal, domestic, non-commercial use only.
  7.  

    Pricing

  8. Prices include GST.
  9. Unless expressly stated otherwise, Prices do not include delivery charges.
  10. 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.
  11. 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 Goodsto which these Terms & Conditions apply.
  12. Prices may vary between states and regions
  13. Savings are off regular ticket prices unless otherwise stated.
  14. Risk and title in Goods pass to you on the date and time of delivery of the Goods.
  15.  

    Stock Availability

  16. 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.
  17. 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.
  18. Despite paragraph 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”.
  19. Any photos or illustrations of Goods in any Publication are for illustrative purposes only and may vary from store to store.
  20. Product availability (quantity colours or styles) of products may vary between stores. You should confirm the availability by contacting your local Amart Furniture store prior to purchase.
  21. All fabrics & colours shown our Publications may not be on display in all stores.
  22. Accessories and mattresses are shown for display purposes only and are not included in the purchase unless specifically nominated.
  23.  

    Cancellation of Orders

  24. 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 & 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.
  25. Unless otherwise permitted under these Terms & Conditions Orders, once accepted, may not be cancelled or varied or cancellation or variation fees may apply.
  26. You cannot cancel an Order once Goods have shipped in any circumstances. Special Orders cannot be cancelled after the applicable cooling off period (if any).
  27. 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).
  28. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms & 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.
  29.  

    Placing Orders Online

  30. You will need an Account before placing an Order, unless you utilise the “Guest Checkout” feature.
  31. You may not set up an Account for someone else.
  32. You must notify us immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
  33. 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.
  34. 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.
  35. You may place an Order by following the instructions on the Website.
  36. We endeavour to ensure that all Goods on our Website are accurately described. For Online Exclusive Goods, we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our Website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an Order.
  37. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our Website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our Website.
  38. We do what we can to make sure that all colours are displayed accurately. However, you should be aware that colours may present differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. Any returns based on colour variations are considered a customer’s change of mind and administered accordingly.
  39. On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our Website at any time and/or remove or edit any materials or content on our Website.
  40. If Goods are unavailable, we reserve the right to cancel your Order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your Order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms & Conditions or our Website.
  41. We may refuse to process or refuse service to anyone at any time at our sole discretion. Whilst we will do what we can to process all Orders, there may be exceptional circumstances where we refuse to process an Order after we have sent you an order confirmation. We will not be liable to you or any other third party by reason of our withdrawing any Goods from our Website, whether it has been sold or not, removing or editing any materials or contents on our Website, or for refusing to process or accept an Order after we have sent you the order confirmation.
  42. 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.
  43. 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.
  44. You must 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.
  45. Orders may not be cancelled or changed once the Order has been accepted by Amart Furniture unless permitted under these Terms & Conditions.
  46. 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.
  47. When you submit an Order on the Website you will receive an Order reference number via e-mail.
  48. 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.
  49. We may change the payment methods that can be used for Orders at any time in our absolute discretion.
  50. 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.
  51. We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.
  52. 46. To minimise risk of fraudulent use of credit cards or other payment options, we will undertake reasonable efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check on. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).
  53.  

    Delivery

  54. Delivery charges (if any) are payable in addition to the price for the Goods (Delivery Charges)
  55. Delivery fees and times vary for different types of Goods and are calculated based on the size and weight of your order and its destination. For Orders through the Website, any Delivery Charge will appear in your shopping cart. Delivery charges for Online Exclusive Goods will be shown separately. You may also receive multiple deliveries for an Order. Delivery estimates calculated at checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point must be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service.
  56. 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 as “free delivery”, “free freight” or similar
  57. If an Additional Delivery Charge applies 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.
  58. By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.
  59. Listings on our Website may include an estimated dispatch time frame Typically, Goods listed on the Website will be dispatched from warehouse within 24 to 72 business hours. In some cases, the estimated dispatch time frame will be longer, for example Special Orders. From time to time the delivery of particular Goods will exceed our usual stated delivery window for reasons outside our control. We will do what we can to make sure all Orders are delivered as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.
  60. Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.
  61. For larger high value items, we may be able to offer alternate delivery service, however this is not available for all items and all areas. Our customer care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service.
  62. We cannot deliver to PO boxes or Parcel Lockers because they're usually too small to accept most of the items we sell. Most of our goods are delivered by courier or specialist furniture carrier directly to your door and require a signature upon delivery.
  63. Our delivery partner may leave a card at the address and you will need to pick up the delivery from an Australia Post outlet or contact the courier company to arrange for redelivery.
  64. We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.
  65. We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing. We are not able to accept orders for international delivery at this time.
  66. You must verify your information is correct before placing your Order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional Delivery Charges in order for your delivery to reach you. By placing an Order, you agree to us passing on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by our delivery partner to arrange delivery. If we (or our delivery partner) are unable to deliver your Order due to your error, we reserve the right to cancel your Order. In these circumstances we will refund you the price of your Order, less the Delivery Charges and other costs incurred by us.
  67.  

    Click & Collect (in-store only)

  68. You may place Orders for Goods (other than Online Exclusive Goods) for collection at a nominated store. We will contact you once your Order is ready for collection. You will require a printout of your Order confirmation email (showing your order number) and valid photo identification (e.g. driver's licence or proof of age card) to collect your Order. You may authorise a third party to collect your Goods on your behalf. If you do, you must tell us the name of the person you have authorised to collect your Goods on your behalf. That person will need to bring with them your order number and valid photo identification (driver's licence).
  69.  

    Gift Cards

  70. The Terms & Conditions for our Gift Cards can be found here https://www.amartfurniture.com.au/gift-cards
  71.  

    Refunds & Returns (including Quality Guarantee & Guide)

  72. The Goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you.
  73. 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. For warranty claims see our Quality Guarantee and guide
  74. We want you to love your new furniture. If within 30 days of the date of your tax invoice (for most Orders) you find it doesn't fit (or doesn't match) or you have simply changed your mind we will (at our discretion) happily exchange your Goods for Goods of equivalent value or provide you with a refund. Please note: exclusions and additional conditions apply for Online Exclusive Goods and Special Orders (see below).
  75. There are no refunds or returns for change of mind after any applicable cooling off period above. Non-returnable items excluded from all change of mind returns include:
    • Special Orders.
    • mattresses, bedding, pillows and sofa covers.
    • Goods sold “As is”.
    • Gift Cards.
  76. 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).
  77. 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.
  78. 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.

  79. Refunds & returns for unsafe, defective or damaged goods or goods which don't match description:

  80. 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. To protect your privacy and ensure funds are returned to the original purchaser, we do not perform refunds over the phone for payments made by eftpos or credit card.
  81.  

    How to make a claim:

  82. Our Quality Guarantee claim forms and the details on how to claim are available on the Website. 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.
  83. 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.
  84. If Goods are delivered and the packaging or the item itself is clearly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately. We'll share your feedback with our delivery partners and suppliers to ensure our service and the quality of packaging is improved.
  85. If you notice that Goods are damaged after delivery, please take photos or video clearly showing the damage and contact us as soon as possible, ideally within 3 business days of receiving your delivery.
  86. The type of remedy we offer will depend upon the circumstances and are outlined in our Quality Guarantee. We will work collaboratively with you to find an outcome that you're happy with. For example we may:
    • arrange a self repair (with an offer of compensation to you).
    • arrange a repair by a technician.
    • offer a partial or full store credit voucher or refund.
    • replace the product (subject to availability).
    • offer you alternative Goods.
  87. If you receive the wrong Goods, let us know as soon as possible. We will offer to send you the correct item and arrange for the pick up and return of the incorrectly shipped item at no cost to you.
  88. 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.
  89. 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.
  90.  

    Online Exclusive Goods

  91. The following conditions 78 to 83 inclusive) apply to purchases of Online Exclusive Goods
  92. You are responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your Order. This includes the costs of shipping the item to you in the first place and the cost of return shipping.
  93. You must lodge a return request at customer.care@amartfurniture.com.au  and order number and our customer care team will arrange the return for you.
  94. Goods returned must be in 'as-new' condition. This means you have not used, assembled or damaged any of the items. Goods must be returned in their original packaging. If you cannot return an item 'as new' and in its original packaging a return for change of mind is not available.
  95. Within 5 business days of receiving your return, and subject to confirming it is in 'as-new' condition, we will issue you with a refund for an amount equal to the price you paid for the Goods, less the cost to ship the Goods to you and the return shipping back to the warehouse.
  96. We will not accept returns of Online Exclusive Goods delivered in person to Amart Furniture stores or warehouse facilities.
  97. Unfortunately, we do not offer exchanges for Online Exclusive Goods. Simply return your items as above and place a new order
  98.  

    Special Orders

  99. Special Orders are for products that are made according to your unique requirements or for Goods which are not currently stocked but which may available to us on special order (like colour variations and mattress sizes).
  100. As Special Orders are custom made, modified or specially ordered, certain additional Terms & Conditions apply including:
    • a Cooling Off Period of 48 hours applies to Special Orders. 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 20% 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
  101. Please also note that delivery of Special Orders may take between 10-14 weeks and that the timing of any replacement or repairs under our Quality Guarantee are subject to similar timeframes.
  102.  

    Blinds

  103. 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.
  104. Do not rely on measurements from plans as they may vary from “as built” dimensions.
  105. 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.
  106. Orders for cut-down products cannot be cancelled and there are no refunds for cut-down products incorrectly measured if they don’t fit.
  107. Only standard hardware is supplied with cut-down products. Any additional hardware required is your responsibility.
  108. Our Quality Guarantee applies to cut-down products however our Satisfaction Guarantee does not
  109. 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
  110.  

    Privacy

  111. Our Privacy Policy can be found here. This policy forms part of these Terms & Conditions.
  112.  

    Other

  113. Your use of the Website is governed by the Website Terms of Use below.
  114. Our Delivery Terms forms part of these Terms & Conditions. The Delivery Terms can be found here: https://www.amartfurniture.com.au/customer-care/collections-and-delivery
  115. 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.
  116. 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.
  117. These Terms & Conditions are governed by the laws of Queensland, Australia.
  118.  

     

    Website Terms of Use

  119. This Website is owned and operated by Amart Furniture Pty Ltd ABN 65 009 810 324 (Amart Furniture) and the use of the site is governed by and subject to these terms of use. Amart Furniture reserves the right to update this site or change these terms of use at any time without notice to you
  120.  

    Confirmation of ID

  121. 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.
  122.  

    Protection of systems and devices

  123. 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.
  124.  

    Copyright & Trademarks

  125. 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.
  126.  

    Linked Websites

  127. 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
  128.  

    Disclaimers

  129. 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
  130. Amart Furniture reserves the right to make changes to our site, policies, and these terms of use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
  131. 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.
  132.  

    User Generated Content (UGC)

  133. 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:
    • you will only publish UGC that is your original content of which you are the sole owner of all intellectual property rights (including moral rights) embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this Website and the grant of the licences by you to Amart Furniture under these Terms of Use;
    • 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;
    • our use of your UGC in accordance with the licences granted by you to Amart Furniture under these Terms of Use will not breach any third party’s rights; and
    • Amart Furniture has no responsibility for your UGC and you agree to indemnify Amart Furniture (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Amart Furniture (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC).
  134. 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.
  135. 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.
  136. By submitting your email address (or any other contact details) in connection with your UGC, you agree that Amart Furniture and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in our Privacy Policy.
  137.  

    General information and promotional disclaimers

  138. See below for disclaimers and expansion terms commonly used in our Publications
  139. + 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.
  140. ^^Nominated Half Price item only available when purchasing the designated product at the advertised price.
  141. *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.
  142. «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 & Conditions please visit www.amartfurniture.com.au/smartcare
  143. ~Discontinued item. No rain checks. Available only while limited stock lasts.
  144.  

    Quality Guarantee

    Amart Furniture 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 for compensation for any other reasonable 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.

  145. In this document:
    • ACL means the Australian Consumer Law.
    • Amart Furniture, Us or Our means Amart Furniture Pty Ltd ACN 009 810 324.
    • As Is means a Product sold in the displayed state, including any defects which have been brought to your attention.
    • Guarantee Period means the period described in your Tax Invoice that we warrant a Product will remain free of defects.
    • Manufacturer's Guarantee means a guarantee given by the manufacturer of a Product.
    • Online Exclusive Goods means Products described as “Online Exclusive” on the Website.
    • Priced means the price paid for a Product as described in your Tax Invoice.
    • Product means a product sold by Amart Furniture to You directly as a consumer.
    • Quality Guarantee means this warranty against defects for Products sold to You by Us.
    • Tax Invoice means the tax invoice produced for the purchase of Products.
    • You means the person to whom a Product has been sold or supplied by Us.
    • Website means www.amartfurniture.com.au.
  146. Expressions defined in this document have the same meaning when used in your Tax Invoice.
  147. This Quality Guarantee is in addition to all of the rights you have under the ACL or any Manufacturer's Guarantee Our Quality Guarantee and remedies under document are in addition to other rights and remedies you may have under the ACL.
  148.  

    Guarantee Period

  149. Amart Furniture warrants that all Products (or components of Products as the case may be) will be free from defects in workmanship and materials for the relevant Guarantee Period.
  150. The Guarantee Period commences from the date of your Tax Invoice. If a Product is replaced under this Quality Guarantee, the Guarantee Period for that replacement Product expires on the same date as the Guarantee Period for the original Product.
  151.  

    Scope of Quality Guarantee

  152. Unless excluded under clause 14, this Quality Guarantee covers all parts and materials of the Product found to be defective in manufacturing or materials during the applicable Guarantee Period.
  153. To be entitled to claim, the defect in the part or product must appear within the Guarantee Period.
  154. The remedies offered under this Quality Guarantee are available only to the original purchaser (or beneficiary) of a Product and are not transferrable.
  155. You must advise us within a reasonable period after a defect is identified as failure to do so may adversely affect your rights to a remedy under the Quality Guarantee, particularly when your failure to advise us causes additional loss or damage or defects in the Product.
  156. Where a Serious Defect in the Product occurs within:
    • the first 12 months of a Guarantee Period for Products Priced at $500 or less: or
    • the first 18 months for Products Priced between $500 to $1,500; or
    • the first 24 months for Products Priced between $1,500 to $3,000; or
    • 36 months for Products Priced over $3,000,
    We will at your option, repair the Product, replace the Product or provide a full refund.
    Note: We generally do not offer exchanges or repairs of Online Exclusive Goods under this Quality Guarantee.
  157. Where a defect in the Product is identified within the Guarantee Period which:
    • does not constitute a Serious Defect; or
    • is a Serious Defect which is reported after the applicable Guarantee Period described in clause1, we will at our option, replace the Product, repair the Product or provide you with a full refund.
  158. A Serious Defect occurs when:
    • the defect (or defects) are no less than what is considered a major failure under the ACL;
    • the Product is significantly different to any description, sample or model; or
    • the Product is substantially unfit for purpose and cannot be easily remedied within a reasonable time; or
    • the Product is unsafe.
  159. Scuff marks, compression (not failure) and change of shape of cushions, fabric pilling, loose or fraying stitching, tears to dust covers & small tears generally will not constitute a Serious Defect under this Quality Guarantee.
  160. What constitutes a Serious Defect under this Quality Guarantee will be determined by Us in our absolute discretion. When doing so we may rely on the advice of independent contractors. However, our determination does not affect your rights under the ACL.
  161. Subject always to the ACL, our liability under this Quality Guarantee does not extend to:
    • damage, failure, fading, or deterioration (of the whole of the Product or its components) caused by normal wear & tear; or
    • damage caused by improper cleaning or use of improper cleaning products; or
    • damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids; or
    • replacement of coverings due to excessive, irregular or improper use; or
    • damage (including corrosion) caused by excessive or irregular use, neglect, abuse, assembly, placement, storage care or maintenance. including damage caused by failing to follow any care instructions available on our Website; or
    • damage caused when the Product has been used in commercial environments or in a manner or for a purpose which is greater than, or exceptional to normal domestic residential use; or
    • breakage or damage to glass tabletops or mirrors; or
    • damage caused by Acts of God; or
    • defects in Products sold "As Is" which have been brought to your attention prior to purchase.
  162. Notwithstanding any other wording on your Tax Invoice, the applicable Guarantee Period for Products sold "As Is" under this Quality Guarantee are:
    • for those sold for less than $250, a period of 3 months.
    • for those sold between $250 and $500, a period of 6 months.
    • for those sold between $500 and $1,500, a period of 1 year.
    • for those sold over $1,500, a period of 2 years.
  163.  

    How to claim:

  164. To make a claim under this Quality Guarantee, simply follow these steps:

     

    • Locate your receipt (or other proof of purchase reasonably acceptable to Us) which proves the date on which you purchased the Product.
    • For Orthokinetic claims please download the Orthokinetic mattress guarantee form by clicking here or the button below.
    • For Upholstery and Super Dream Mattress claims please visit the Website or click the button below and follow the prompts to submit a claim. If you are having trouble submitting your claim you can contact our Customer Care Team on 1800 791 390 or contact us at customer.care@amartfurniture.com.au.

 

Amart Furniture’s 180 Night Sleep Guarantee

A good night’s sleep is important to your health and wellbeing…
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! Ask one of the friendly staff or click here for full terms and conditions.

Terms and conditions

#Terms and Conditions 180 Night Sleep Guarantee

  1. The Amart Furniture’s 180 Night Sleep Guarantee entitles you to exchange your original mattress to a mattress of the same brand only of equal or higher value. Any exchange for a different brand of mattress will be subject to the agreement of Amart Furniture in its absolute discretion.
  2. To take advantage of Amart Furniture’s 180 Night Sleep Guarantee all you need to do is:
  3. use a water and stain resistant mattress protector to ensure the mattress remains hygienic and free of stains.
  4. arrange (at your cost) for the transportation of the original mattress to the store of purchase. You will also be responsible for the transportation costs of the replacement mattress.
  5. If your mattress is returned stained or in an unhygienic state, we may require that you have the mattress professionally cleaned at your cost before exchanging.
  6. Your remedy under the Amart Furniture 180 Night Sleep Guarantee is limited to replacement of the mattress only. There is no entitlement to a refund under the Amart Furniture’s 180 Night Sleep Guarantee, however your rights under Amart Furniture’s Quality Guarantee continue to apply.

 

Terms and Conditions for entry into the “Online Exclusive Giveaway – Clement Dining Chairs”

1. Information on how to enter and Prize details form part of these conditions. Entry into this Promotion is deemed acceptance of these terms and conditions of entry.
2. The Promoter is Amart Furniture Pty Limited (Amart Furniture- ABN 65 009 810 324) 41 Brickworks Place, Rochedale, QLD, 4123 Australia (“Promoter”).
3. The Promotion will be open from 10am Australian Eastern Standard Time ("AEST") on Thursday 5th November 2020 and will continue until 11.59pm AEST on Wednesday, 18th November 2020 ("Promotion Period"). The winners will be announced on Thursday 19th November 2020.
4. Entry is open to all Australian residents, aged 18 year and over, other than management, employees or contractors of the Promoter and other agencies, firms or companies associated with the Promotion (including suppliers of prizes), and their immediate families ("Eligible Entrants").
5. To enter and be eligible to win, Eligible Entrants must:
 (a) visit the Amart Furniture Instagram page;
 (b) Like the competition post;
 (c) Follow Amart Furniture Instagram account; and
 (d) Comment below and tell us in 25 words or less, ‘WHAT COLOUR CLEMENT DINING CHAIR WOULD BEST SUIT YOUR DINING SPACE’?
Completion of the relevant steps described above is an “Eligible Entry”.
6. Eligible Entrants may only enter once.
7. Judging of all Eligible Entries received during the Promotion Period will take place and be announced on Thursday, 19th November. The judging will take place at 41 Brickworks Place, Rochedale, QLD 4123. The judging will be conducted by a representative of the Promoter.
8. One (1) Eligible Entrant who will be chosen at random will win:
• 3 x sets of 2 Clement Dining Chairs in their choice of colour six (6) dining chairs
9. The Prize winners will be announced on Amart Furniture’s Instagram page, contacted via their Instagram account and will be posted their prize.
10. In the event that the Prizes are unclaimed by 12pm AEST on 1st January 2021, it will be distributed at the Promoter’s absolute discretion.
11. The Promoter’s decision (including any decisions as to prize distribution) is final and will not enter into correspondence regarding the result.


General
12. The total Prize pool is valued at $897.00 (including GST).
13. The Prize is not transferable or exchangeable and are not redeemable for cash.
14. The Prize winner may be required to sign a release and indemnity form in favour of the Promoter and return that document to the Promoter prior to receiving the Prize.
15. The Promoter shall not be liable for any Prize that may be lost, stolen, forged, damaged or tampered with in any way after it leaves the Promoter.
16. The Promoter accepts no responsibility for any variation in the value of a Prize.
17. If the Promoter is unable to provide a finalist or winner with the nominated Prize, the Promoter reserves the right to supply an alternative Prize of equal or greater monetary value, subject to written directions by the relevant State and Territory gaming departments
18. If a winner chooses not to take their Prize (or is unable to), they forfeit the Prize and the Promoter is not obliged to substitute the Prize.
19. The Promoter excludes all warranties in relation to supply of the Prize, except those that cannot be excluded by law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any rights a consumer may have which are unable to be excluded under Australian law, is limited to the payment of the costs of having the Prize supplied again.
20. The Promoter accepts no responsibility for any entries not received for any reason during the Promotion Period. Entries will be deemed to be accepted at the time of receipt by the Promoter.
21. The judges’ decision is final and binding and no correspondence will be entered into. Incomplete, illegible and incorrect entries or entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win.
22. If, for any reason, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
23. Any Eligible Entrant who, in the opinion of the Promoter, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process, will be ineligible to win.
24. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry. In the event there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
25. By entering the Promotion, each Eligible Entrant understands and agrees that the Promoter may use and disclose the information provided by the Eligible Entrant for the purposes of conducting this Promotion and on the terms and for the purposes (including marketing) set out in the Promoter’s Privacy Statement. Each Eligible Entrant agrees that the Promoter can continue to contact them even after this Promotion ends. If an Eligible Entrant would like to access or correct the personal information that the Promoter holds about the Eligible Entrant, or if an Eligible Entrant does not wish the information to be disclosed, they should advise the Promoter by emailing marketing@amartfurniture.com.au
26. By entering into the Promotion, the Eligible Entrant agrees and acknowledges that:
 (a) they may be contacted by the Promoter to provide comments about the competition and the Promoter (or an agent of the Promoter) may take photos of them;
 (b) the Promoter may use such comments or photos (the "Materials") for the Promoter's future promotional and marketing purposes without further reference or compensation to them;
 (c) the Promoter may duplicate, alter, adapt and utilise the Materials as the Promoter wishes at anytime, anywhere, and by any means. The Promoter may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
 (d) they grant to the Promoter on creation of the Materials a royalty free, perpetual, exclusive and irrevocable licence to use the Materials for whatever purpose;
 (e) they unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
 (f) they waive all Moral Rights in the Materials that arise outside Australia; and
 (g) they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.
27. This Promotion is a game of skill. There is no element of chance in the judging and determination of the Prize winner. All entries must be the original independent creation of the Eligible Entrant and free of any claims that they infringe any third party rights.
28. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or personal injury suffered or sustained in connection with this Promotion.