Terms Of Use

TERMS OF USE

Terms of Use

 

Welcome, If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DJC Furniture’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘DJC Furniture’,‘Demertjis & Ruhs Pty Ltd ATF David Demertjis Trust No.2 T/A DJC Furniture’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 4, 109 Junction Road Moorebank 2170. Our ABN is 91 934 736 977. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

 

TERMS AND CONDITIONS OF SALE

 

Your Details

 

When you register with an account with us, you will be required to choose a contact email address and password. All session activity and transactions undertaken using your account details are the responsibility of the customer. Ensure your selected password is secure and do not disclose it to anyone. If you feel your account security has been compromised in any way, you must contact our support team immediately to change your password. If any of your account details change, such as your delivery address or contact information, you must inform DJC Furniture as soon as possible.

The Parties

The Seller is Demertjis & Ruhs Pty Ltd ATF David Demertjis Trust No.2 T/A DJC Furniture or “DJC Furniture”. The Website is www.djcfurniture.com.au . The Buyer is the party that is entered in the transaction as the purchaser on the website, instore or by phone.

  1. Contract of Sale


    Any contract for purchases made through the website will be with ‘DJC Furniture’ whose registered office is situated at UNIT 4, 109 Junction Rd Moorebank 2170. Our ABN is: 91 934 736 977.

    All orders for goods by the Buyer shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.

    When the Buyer pays by credit card, the Seller must receive payment of the whole of the price for the goods that the Buyer orders before the order can be accepted, and the contract formed. Payment is taken at the point of order. Once payment has been received the Seller will confirm that the Buyer’s order has been received by sending an email to the Buyer at the email address the Buyer provides. The order confirmation email will include the Buyer’s name, the order number and the total price. The Seller’s acceptance of the Buyer’s order brings into existence a legally binding contract between the parties on these terms. Any term sought to be imposed by the Buyer in the order will not form part of the contract.

    When the Buyer pays by cheque or by direct deposit, the contract does not form until payment to the Seller has been cleared.

    No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller that the goods are available in stock and able to be delivered.

    The Seller is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the website or any other digital or printed medium including brochures, banner advertisements and other promotional materials. If an error or inaccuracy is discovered with regards to the advertised price of the goods that the Buyer has ordered ‘DJC Furniture’ will contact the Buyer as soon as possible by email. This will be to inform the Buyer of the correct price of the goods, and to ask the Buyer if the Buyer wishes to continue with the order at the amended price, or to cancel the order altogether. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

  2. Price


    The price shall be the Seller's quoted price.

    If GST is payable on a Taxable Supply made under, by reference to or in connection with this Agreement, the Buyer must also pay the GST amount as additional Consideration. This clause does not apply to the extent that the Consideration for the Taxable Supply is expressly stated to be GST inclusive.  Any inference in the calculation of Consideration under this Agreement to a Cost, expense of other liability incurred by a party, must exclude the amount of any input Tax Credit entitlement of that party in relation to the relevant cost, expense of other liability

  3. Availability


    Lead times are estimates, not guarantees. These dates are subject to change. Actual arrival times depend on several factors which are beyond the control of the Seller. Delays in production and shipping may occur and, due to increased security by governments, customs delays may also occur. Occasionally an item may arrive damaged or a shipment may arrive short. If this occurs the Buyer will be allocated the next available item, however this could mean an extended delay.

    The Seller will notify the Buyer of the expected shipping dates for each item. If the Buyer cannot wait, they then they may cancel their order as per our cancellation policy

    If an item is not available within 30 days after the expected shipping date then the Buyer may cancel their order without penalty. If the Buyer chooses to continue with an order, we will work to ensure the item/s arrive as quickly as possible.

    The Seller will not be obliged to offer any additional compensation for disappointment suffered.

  4. Delivery

    The Seller will arrange a courier or removalist on the Buyer's behalf for the goods ordered by the Buyer to the person and address given the Seller at the time the order is placed. Delivery will be undertaken as soon as possible after the Buyer's order is accepted and payment is cleared. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies. The Buyer will become the owner of the goods ordered when the goods are shipped to the Buyer from the Seller's distribution centre.

    Any dates quoted for delivery of the goods are approximate only and the Seller will not be liable for any delay in delivery of the goods, however caused. Time for delivery will not be of the essence of the Contract unless previously agreed by the Seller in writing.

    All goods delivered by DJC’s own professional delivery team (excluding couriers or regional and interstate carriers) includes transit insurance on structural and cosmetic damages.

    Insurance is available for areas where our nominated carriers deliver. This insurance is optional, any lost or damaged items are not covered if transit insurance is not taken out. In the case that transit insurance cover has been requested, please take note that any cartons delivered by our nominated carriers need to be inspected for ant evidence of damage. Should there be any carton damage please DO NOT SIGN ‘received in good condition’ as this will void any claim. Simply make a note of the carton damage on the proof of delivery docket.

    All claims for damage MUST be made within 24 hours of receipt of delivery of your product. Please allow a minimum of 8 weeks for any claims to be processed.

    The Buyer will ensure the item dimensions allow for easy delivery through doorways, passageways, stairways or any other way as deemed fit, and will fit into the living space.

    The Buyer will ensure that someone is available at the specified premises to inspect and receive the goods. If a delivery cannot be completed for this reason, the Buyer bears the cost of redelivery

    Delivery is to your door only:

    • You may be required to assist with unloading the vehicle. If you are unable to do so, please let us know prior to delivery so that alternative arrangements can be made.
    • A courier will deliver the goods to the front of your premises, into your lobby, garage or loading dock. The courier cannot enter your premises or travel up stairs or in elevators. If a courier offers to assist in bringing goods into your home, your acceptance is at your own risk. The Seller will not accept any liability as a result of a courier's actions in your premises.
    • A removalist will assist as much as possible and deliver the goods into your home as far as is reasonably accessible and does not require manoeuvring through narrow doorways, hallways and up stairs. Failure to deliver into your desired location will not be essence of the Contract unless previously agreed by the Seller in writing.
    • Delivery does not include unpacking, assembly or removal of cartons.

    The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract for the sale and purchase of the goods by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller's reasonable control.

    If the Seller is prevented by circumstances beyond its control from shipping or delivering within the time stipulated in the confirmation, such time will be extended for a reasonable period after such circumstances have ceased to operate and any delay so caused will not be grounds for cancellation by the Buyer or for any claim for damages or compensation by the Buyer.

    The goods will be delivered to the Buyer’s premises. The Buyer must pay all delivery charges specified in the invoice for the goods.

    Delivery will be deemed to have been effected on receipt by the Seller of a delivery note signed by a representative of the Buyer.

    The Buyer is deemed to have inspected the goods immediately upon receiving delivery of the goods. If there is any damage to the goods or shortage in the quantity delivered, then the Buyer will immediately notify the Seller by making a note and signing the consignment note retained by the carrier of the goods. The Buyer must also provide sufficient evidence to support the allegation of damaged goods and/or a shortage in delivery of the goods. Should the Buyer fail to notify the Seller of this, the Buyer shall not have any claim against the Seller for damage to the goods and/or shortage in the quantity delivered or at all.

    A clear signature of the recipient or the Buyer’s representative on the Seller's consignment note shall be deemed to signify receipt of the quantity.

    If the Buyer fails to advise of damage as set out above, the goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage and the Buyer shall be deemed to have accepted the goods.

    If the goods are not in accordance with the Contract for any reason and the Buyer has duly given the Seller notice thereof as set out above, the Buyer's sole remedy shall be limited to the Seller making good any alleged defect, shortage in quantity or failure to comply with description by replacing or effecting rectification of such goods at the Seller's discretion or, if the Seller shall elect, by refunding a proportionate part of the price under the Contract.

    Where the Buyer rejects any goods, then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply goods which conform to the contract.

    Where the Buyer accepts or has been deemed to have accepted any goods, then the Seller shall have no liability whatever to the Buyer in respect of those goods.

    The Seller shall not be liable to the Buyer for late delivery or short delivery of the goods.

    Unless agreed to the contrary in writing, the Seller reserves the right to make part deliveries of any order.

    Failure to make a delivery of the total order will not invalidate the contract as regard other deliveries.

    Delivery prices are valid only for the original address specified at the time of order. Change of address may alter the delivery price for the goods.

  5. Collection


    The Seller will not accept claims for scratches, indentations, marks, missing colour, or any other visible damage once the goods have been collected from our warehouse. It is the responsibility of the Buyer to inspect the goods thoroughly before collection to ensure .

    If collecting goods from our warehouse, the Buyer must contact our Despatch Department at least 24 hours prior to pickup and make an appointment. A confirmation of the appointment date and time will be provided by the Seller. Bookings are not finalised until confirmation is received.

    Collection of goods from our warehouse must be made by appointment only and between 9am - 3:30pm Monday - Friday and 11am-2:30pm Sat.

    Address: Unit 4,109 Junction Road Moorebank 2170

    Payment must be made in full prior to collection of goods at your nearest showroom

    Upon collection of goods an original Sales Order & Payment Receipt must be presented.

    It is the responsibility of the Buyer to ensure they have sufficient help to carry and load furniture from our warehouse to their vehicle. The Seller is unable to provide rope, blankets and any other material required to protect and secure your goods, these materials must be brought by the Buyer.

    Collection of goods is at your own risk.

    Our staff are not able to assist in securing furniture using ropes, ties or any other mechanism. The Buyer agrees to free the Seller from any liability that results from the provision of such assistance by agents of the Seller.

  6. Returns & Refunds


    Please choose carefully as DJC Furniture will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

    Most of our products cannot be resold due to health and hygiene reasons once unwrapped or furniture orders that have been customised to the buyers specifications.

    If we agree that the item was not advertised correctly or within the law, or there was a mistake with the advertisement we will replace the item or refund your money at our discretion.

    Refunds will only be given when goods are returned in original packaging and original saleable condition.

    Failure to gain access to or accommodate the item purchased on the specified delivery premises is not considered a "change of mind". It is the responsibility of the Buyer to measure carefully to ensure access will be possible and there is sufficient space for the goods purchased.

    Should you object to any of these terms and conditions(including subsequent amendments) you must immediately discontinue using this website.

  7. Deposits



    An Order will not be deemed accepted by the Seller until a minimum deposit of 30% is received.

    In the event of late payment of a deposit, product lead times will be calculated from the payment date, not the order date.

    This deposit is non-refundable except for circumstances outlined in our cancellation policy.

    Online orders must be paid in full at the time of purchase

  8. Cancellations

    Cancellations of Online orders where the customer has not contacted  DJC prior to purchase to enquire if a product is In Stock and then cannot wait the lead time and asks for a refund will attract a 1.8% service fee of the full purchase price.  This is a fee applied by the payment service irrespective to the status of the order.   
    In store cancellations of standard orders where manufacturing has commenced and/or purchases have been made on behalf of the Buyer are subject to minimum charge amounting to 20% of the entire purchase price.
    In store cancellations where products have been tailored to the requirements of the Buyer and specially manufactured will attract a 50% cancellation charge of the entire purchase price.
    In store cancellations where no manufacturing has commenced and/or purchases have been made on behalf of the Buyer attract a minimum charge amounting to 20% of the entire purchase price.

  9. Warranty

    The Standard Warranty of 12 months is offered in addition to the guarantees provided under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    This warranty is subject to the Product being cared for in accordance with the relevant care instructions

    Other components including leathers, fabrics, foam and fibre fillings, suspensions, springs, mechanisms including adjustable headrests, feet are warranted against failure to to manufacturing defect for a period of up to 12 months from date of delivery.

    Leathers, suspension components, cushioning and filling will show signs of wear and tear with use. Normal wear and tear is not covered by this additional warranty. Foam and fillings will soften and deform over time. These may need to be replaced periodically at the users expense. Scars, marks and differing pore density and colour are natural characteristics of the materials and not considered defects.

    This warranty is not transferable. It is limited to the original purchaser specified in the original sales order at the original delivery address.

    To the maximum extent permitted by law, The Seller is not liable in respect of:

    • Normal Wear and Tear
    • The natural characteristics of the materials
    • Damage caused by spills such as acid, solvents, dyes or other corrosive materials
    • Damage caused by impoper cleaning, negligence, treatment with improper chemicals, exposure to extreme temperatures, or otherwise caused by your acts and/or omissions
    • The cost of transporting the furniture to and/or from the specified place of repair and replacement.

    Any replacement or repair under this additional warranty is limited to the defective part only. The Seller reserves the right to decide whether a component need be replaced or repaired.

    Covering components replaced under this additional warranty may vary in colour and texture to the original.

    This additional warranty will be revoked immediately if the furniture becomes defective due to misuse, lack of proper care and maintenance, commercial use or mishandling in transit.

    To benefit under this warranty The Buyer must complete and forward a Warranty Claim Form within 7 days of the defect occuring. If so directed by The Seller, The Buyer will return the defective items to their nearest outlet at their cost.

    The Seller expressly does not accept liability for goods that are damaged by accident, altered or fitted or used in breach of the Seller's conditions of use or technical specifications as published from time to time.

    Glass may contain waves and bubbles. This is not considered a defect.

    Glass may be exhibit small chips or a slight scratch. This is a result of movement during transport and cannot be avoided. This is not considered a defect.

    Paint on glass may crack or peel due to intense heat if not kept covered or out of direct sunlight. Peeling or cracking of paint is considered wear and tear, paint may need to be applied periodically.

    Covering components replaced under this additional warranty may vary in colour and texture to the original.

    The Seller expressly does not accept liability for breakage of glass.

  10. Limitation of Liability


    The Seller’s liability for a breach of condition or warranty that cannot be excluded is limited at the Seller’s option to:
    • the replacement or repair of the goods; or
    • the supply of equivalent goods; or
    • the cost of replacing or repairing the goods or of acquiring equivalent goods; and to the maximum extent permitted by law.

    The Seller is not liable for:

    • any loss or damage to the goods resulting from any act or omission on the part of the Buyer, or the employees, contractors or agents of the Buyer; or
    • any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on the Seller’s part in relation to the obligations under a Contract of Sale, however caused.

     The Seller expressly does not accept liability for any goods that are:

    • Damaged by accident;
    • Altered, reprocessed or repaired in any way other than by or through the Seller, and
    • Fitted or used in breach of the Seller’s conditions or use or technical specifications as published from time to time.

  11. Specifications


    The Seller reserves the right to change prices, dimensions, design and construction without prior notice.The Buyer is solely responsible for your final selection including the suitability of a particular covering, colour and model.

    Unless expressly specified in the product description provided on the website, items pictured in the product image may not be included with the product. Additional items may be provided along with purchased items to the Buyer at the sole discretion of the Seller. In cases where these items are not listed in the product description on the website nor on the invoice supplied to the Buyer, or are provided at zero cost to the Buyer, the warranty conditions outlined by the Seller in the Terms and Conditions provided are void for these additional items. When packaged as inclusions for two or more otherwise identical items, additional items provided may vary in specifications, and may be included or omitted at the Seller's discretion.

  12. Colours

    Reproduction of colours is as accurate as possible, actual colours may vary slightly from what is displayed your monitor or in any printed material.

    Colour may vary slightly across products due to inconsistencies in supply. In the case of leather, this is a natural product and variation in colour or finish may occur within an acceptable range as defined by the Seller. Fabrics, PE wicker, polywood, glass, including painted or tinted glass, may vary in colour according to changes in production methods or suppliers.

  13. Intellectual Property


    The Buyer must not erase, remove or alter any trade marks on the goods/and must use no other trade marks or trade names in relation to the goods.

    The Buyer must notify the Seller immediately if it becomes aware of any infringement or threatened infringement of any of the Intellectual Property.

    The Buyer will take all practical steps to ensure that the Seller’s reputation and goodwill are not damaged.

  14. Product Recall


     If the Seller decides to recall any of its goods, then the Seller will be responsible for the costs of transport, repairs or replacement for the goods recalled.

  15. No Waiver


    No failure to exercise and no delay in exercising any right, power or remedy under these Conditions will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

  16. Applicable Law

    The laws of New South Wales govern these Conditions.

    Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of New South Wales.

    • If a provision of these Conditions or a right or remedy of a party under these Conditions is invalid or unenforceable in a particular jurisdiction:
    • It is read down or severed in that Jurisdiction only to the extent of the invalidity or unenforceability, and
    • It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

    This clause is not limited by any other provision of these Conditions in relation to severability, invalidity or enforceability.

  17. Hyperlinks



    This website may contain hyperlinks. These hyperlinks connect the Buyer to sites of other organisations which are not the responsibility of the Seller. The Seller has used reasonable endeavours in preparing its own website and the information included in it is done so in good faith. However, the Seller has no control over any of the information the Buyer can access via other websites. Therefore, no mention of any organisation, company or individual to which this website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of the Seller.

  18. Care Instructions



    Your furniture is designed to specifications exceeding ordinary levels, however the life of the furniture will depend on proper care and maintenance. Please read and follow carefully, the appropriate care and maintenance instructions for your furniture available on our warranty and care page on our website. Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture may result in costly repairs and could void your warranty. Soft cushion fillings and removable covers may require periodic replacement due to normal or abnormal use.

    CORRECT USE Please ensure that your furniture is used as it was intended. Do not sit on arms of lounges, use cushions as they are placed in product images, do not sit or stand on table tops, and do not pivot on the back legs of chairs. Incorrect use may cause damage to furniture that is not covered under our warranty terms.

    SUNLIGHT As with any product, prolonged exposure to direct sunlight will cause harm. Direct exposure to sunlight will cause leather and fabrics to fade and may also cause excessive drying. Direct exposure to sunlight will cause timber products, particularly doors, tops and side panels to warp. Polywood and glass products will suffer stress or other damage from heat spots if left exposed to heat spots.

    LEATHER UPHOLSTERED FURNITURE Leather MUST be cleaned using only certified leather cleaning products and a soft cloth. Never use any general purpose cleaners or cleaners designed for any other purpose. Follow the recommendations provided with the cleaning products for best results.

    CHROME & METAL FINISHES Dust the surface regularly to avoid build up of pollutants, which may cause the surface to rust. Only use a recognized brand of chrome polish, if necessary. Avoid contact with sharp or hard objects as this will cause scratching.

    GLASS Use a regular glass cleaner with an appropriate soft cloth for glass. Do not apply glass cleaner to surrounding areas or the frosted side of the glass. Do not attempt to clean painted glass surfaces as this will remove the paint. Do not allow water to pool and collect on your glass surface as this will create a lens magnifying the heat of the sun. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects as this will cause scratching, chipping or other damage. Never lift glass tops from the ends of a table as this will put unnecessary stress on the surface and may cause it to break. Do not drop or allow objects to be dropped onto the glass as this will 'shock' the glass and cause it break spontaneously at a later time.

    PAINTED SURFACES Clean only using water and a soft cloth. Painted surfaces may peel, crack and fade with exposure to direct sunlight or intense heat. Painted surfaces such as glass tops must be covered when not in use.

  19. Title



    The title to the goods and ownership shall remain with DJC furniture until such time as the purchaser has paid all amounts owing whether under this agreement or any other associated agreement. In the event of any default by the purchaser, DJC furniture (without prejudice to any other rights) shall be entitled to repossession of the goods and for the purpose of repossessing the goods

    DJC furniture shall be at liberty to enter premises in which the goods are located and shall not be liable for any damage whatever incurred during repossession. If the purchaser sells the goods prior to payment of all sums owing, the purchaser shall hold the proceeds of such sale as trustee for DJC furniture. DJC furniture shall be entitled to all such proceeds.