BESPOKE - TERMS AND CONDITIONS OF SALE

 

Thank you for choosing Bespoke Interior Co. These Terms and Conditions of Sale (Terms) apply to all purchases of any Bespoke Interior Co product/s including made to order Bespoke Interior Co product/s (Products) in store. These Terms also apply to all purchases of Products via Bespoke Interior Co’s website to the extent that the ‘Bespoke Website – Terms of Service’ do not address the particular matter.

 

We, Bespoke Interior Co and similar expressions, refer to The Trustee for Rubic Family Trust (ACN 27 823 711 308). You, and similar expressions, refer to you, Bespoke Interior Co’s customer or prospective customer.

 

PLACING AN ORDER

 

Bespoke Interior Co reserves the right to accept or object in its absolute discretion any order, or part of an order, which it may receive from you.

 

When a deposit is received by Bespoke Interior Co relating to your purchase of the Products, the order becomes immediately binding on Bespoke Interior Co and you agree to all of the terms and conditions set out in these Terms.

 

When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

 

PRICES


 

The prices for Products are in Australian dollars and inclusive of GST.

 

Delivery and access check costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.

 

All additional costs payable by you pursuant to these Terms are payable to Bespoke Interior Co at such times as you are notified by Bespoke Interior Co from time to time.

 

If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

 

If, in these circumstances, the order is cancelled, and you have:

  • Paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or

  • Paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid.

 

PAYMENT

 

A deposit is required at the time of placing the order, except where you purchase a clearance item. We will notify you of the deposit required before we process the order.

 

Full payment must be received into Bespoke Interior Co bank account before final delivery can be organized. Payment can be arranged by Bank Transfer/Credit or Debit Card/Finance/Cash.

 

Where the Products are clearance stock items full payment by cash and credit/debit card is required at the time of purchase of all such Products. Finance is unavailable for the purchase of these Products.

 

Company or personal cheques are not accepted for the purchase of any Products.

 

You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.

 

The reference to ‘full payment’ means the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the Products.

 

At the time that you place your Order and pay the deposit for that Order, we will issue you with a document called a ‘Customer Sales Order’ that specifies the details of your Order. The Customer Sales Order becomes a proof of purchase upon your full payment.

 

RISK AND TITLE

 

All risk in Products passes to you on delivery, which is when:

 

(a) if we deliver the Products to the delivery address, at the time just prior to when the Products are unloaded at the delivery address; or

 

(b) if you nominate to arrange for the Products to be collected from a Bespoke Interior Co warehouse or showroom

Deluxe Delivery is only available in selected metropolitan areas in and around Brisbane, Gold Coast, Canberra, Melbourne, Sydney, Adelaide and Perth just prior to the Products being loaded onto transportation at the Bespoke Interior Co warehouse or once the Products are collected by you in the showroom. For showroom collections our retail team cannot for health and safety reasons assist in loading Products into your vehicle.

(c) Online/King Care and Customer Service Orders cannot be collected from a Showroom.

 

All title in the Products passes to you on receipt by Bespoke Interior Co of the full payment for the Products and all other charges payable by you pursuant to these Terms.

 

DELIVERY

 

Any time quoted for delivery is an estimate only. Bespoke Interior Co endeavour to arrange the earliest delivery date possible. The estimated delivery date will be arranged with you in advance; however, you must not defer the estimated delivery date without Bespoke Interior Co’s prior written consent.

 

We do not have an off-site storage facility so any orders that cannot be delivered will be transferred to a storage facility. Transfer costs, an admin fee, daily interest and market storage rates apply; Bespoke Interior Co will invoice you accordingly. 

 

In the uncommon event that your order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Terms, and you accept an earlier estimated delivery date, then the earlier delivery date will become the new estimated delivery date. In these circumstances, the Terms that apply to the estimated delivery date will apply to the new estimated delivery date. The estimated delivery date in these Terms applies to the delivery of the Products and/or the collection of the Bespoke Interior Co furniture, as these services apply to you, where you have prearranged these and Bespoke Interior Co has confirmed these in writing to you.

 

PROVIDING THE CORRECT ADDRESS


 

You must ensure correct delivery address details are provided to Bespoke Interior Co at the time of order placement and notify Bespoke Interior Co in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and collection of Bespoke Interior Co furniture, as is applicable to you. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.

 

RECEIVING YOUR FURNITURE


 

Products will only be delivered or collected, if a person, aged over 18 years and who is able to accept delivery and is present at the delivery address at the time of delivery. Should:

  • An appropriate person not be available to accept delivery or collection by Bespoke Interior Co on the pre-arranged delivery date and time; or

  • In the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made,

 

a card will be left and you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted Bespoke Interior Co furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by Bespoke Interior Co as a result of difficulties with access in delivery of the Products and/or collection of the Bespoke Interior Co furniture.

 


 

ASSEMBLY

  

All orders will automatically fall under ‘Express Delivery’ when placing your order, the Products will not be assembled at the time delivery is made.

If you wish for Bespoke Interior Co to assemble the Products, you must contact Bespoke Interior Co on 0431261573 or by email b@bespokeinterior.co 14 days prior to the scheduled delivery to purchase the ‘Deluxe Delivery’ service and arrange for a time for the Products to be assembled.If you have purchased ‘Deluxe Delivery’ when placing your order, the Products will be assembled at the delivery address at the time delivery is made.


 

UNABLE TO ACCEPT DELIVERY OR COLLECT?

 

If you do not accept delivery or collect your Products within:

 

  • 1 days from the date of your original delivery for clearance stock items;

 

(the applicable ‘Delivery Period’), then immediately on expiry of the Delivery Period, Bespoke Interior Co will either:

 

(a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If Bespoke Interior Co delivers your order to a storage facility of your choosing, Bespoke Interior Co relinquishes all liability for the order. Bespoke Interior Co may assist you with arranging a storage facility; however there is an additional cost for this service; or

 

(b) if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:

 

  • Agree to forfeit the cost of your purchase at full price of the Products

 

ORDERS WITHOUT A DELIVERY DATE

 

All orders placed via our online store will be automatically placed on your behalf and delivered to you within the shortest time frame available. Written consent via email (for orders placed in person or via email) must be given for any delays in delivery time.

If you place an order for Products and Bespoke Interior Co in its absolute discretion agrees not to set a delivery date for that order at the time of order placement, Bespoke Interior Co does so on your strict compliance with the following conditions:

 

(a) within 6 weeks of receipt by Bespoke Interior Co of your full deposit you must confirm your order and mutually agree on an estimated delivery date from the dates that are offered by Bespoke Interior Co as possible delivery dates for your order; and

 

(b) once the estimated delivery date is booked with Bespoke Interior Co, you may make any changes to your order within 24 hours after which Bespoke Interior Co will commence ordering the Products immediately.

 

When an estimated delivery date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order.

 

If you do not comply with the conditions in paragraph (a) above or you choose to cancel your order in circumstances where no estimated delivery date is set pursuant to paragraph (a), Bespoke Interior Co will rescind the contract for sale of the Products by notice to you by email and treat your failure to agree to an estimated delivery date as your cancellation of your original order. In these circumstances, you:

 

(a) agree to forfeit the deposit up to $500 paid by you to Bespoke Interior Co in payment for Bespoke Interior Co’s administrative costs and expenses incurred in handling and cancelling the order;

(b) agree to receive the balance of the deposit by refund to the credit card, debit card or bank account, depending on how the initial deposit was made; and

(c) will have no further claim to the Products.

 

AVAILABILITY OF STOCK


Any order that cannot be fulfilled on its receipt will automatically be back ordered and processed when stock becomes available unless it is your stated standard policy not to accept back orders or you specifically email to b@bespokeinterior.co upon paying for your goods, "Do Not Back Order" along with all specific order information. Deliveries at any time are subject to availability of stock and we will not be liable for any charges due to product unavailability.
 

CANCELLATION OF ORDER

 

Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Bespoke Interior Co showroom or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order Bespoke Interior Co will rescind the contract for sale of the Products by notice to you and you:

 

(a) agree to forfeit the full deposit up to $500 paid in payment for Bespoke Interior Co’s administrative costs and expenses incurred in handling and cancelling the order, and to receive the balance of any deposit paid by refund to your credit card, debit card or bank account, depending on how you made the initial deposit, if the manufacture of your Products has not commenced; and

(b) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and

(c) will have no further claim to the Products, and

(d) Bespoke Interior Co may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.


 

Bespoke Interior Co accepts no cancellation of orders, returns, refunds or exchanges on clearance stock.

 

DELAY IN DELIVERY OF YOUR FURNITURE

 

Bespoke Interior Co will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond Bespoke Interior Co’s reasonable control.

 

We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, Bespoke Interior Co’s liability will be limited, at Bespoke Interior Co’s option, to resupplying the Products at a different time.

 

If at any time after receiving an order from you, Bespoke Interior Co, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Bespoke Interior Co from supplying some or all of the Products set out in an order by the estimated delivery date, Bespoke Interior Co may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.

 

In this paragraph:

 

(a) ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Bespoke Interior Co’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time Bespoke Interior Co receives an order from you; and

(b) ‘Insolvency Event’ means any one or more of the following events:

(i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;

(ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;

(iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;

(iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

 

PRODUCT VARIATIONS AND SPECIFICATIONS

 

Your Product may exhibit different characteristics to the sample in the Bespoke Interior Co showroom or images on the Bespoke Interior Co website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product.

 

To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to Bespoke Interior Co’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not noticeable to you.

 

INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

 

Where you are purchasing Products that are clearance stock items you must inspect the Products prior to purchase and in purchasing such Products you accept any defects and minor damage to those Products. Any scratches, marks or damage not affecting the performance of the Products will be noted at time of purchase and will not form part of any warranty provided by Bespoke Interior Co in relation to those Products.

 

 

WARRANTIES

 

Please choose carefully as Bespoke Interior Co will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations. Bespoke Interior Co will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by Bespoke Interior Co. Unless Products are faulty, we are unable to refund, exchange or credit your account. Bespoke Interior Co will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

 

LIABILITY

 

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Bespoke Interior Co is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:


 

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(c) your use or misuse of the Products;

(d) any act, omission or negligence by you, your agents or representatives;

(e) any loss or expense resulting from a claim by a third party; or

(f) any delays in delivery of the Products;

(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Bespoke Interior Co’s failure to complete or delay in completing the order to deliver the Products.

 

To the full extent permitted by law, where Bespoke Interior Co’s liability cannot be excluded, the maximum aggregate liability of Bespoke Interior Co for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to, at the option of Bespoke Interior Co:

 

(a) the replacement of the Products;

(b) the repair of the Products;

(c) the payment of the cost of replacing the Products or acquiring equivalent products; or

(d) the payment of the cost of having the products repaired.

 

In circumstances where Bespoke Interior Co’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of Bespoke Interior Co for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to Bespoke Interior Co in respect of the Product giving rise to the liability.

 

INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

 

You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.

 

In all other cases, to make a claim you must notify Bespoke Interior Co of any damage to the Products or shortages in delivery within 24 hours of delivery by Bespoke Interior Co by contacting Bonney on 0431261573 or by sending an email to b@bespokeinterior.co, or by speaking with a Bespoke Interior Co customer service representative at a Bespoke Interior Co showroom. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Bespoke Interior Co is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.

 

Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

 

ACCURACY OF INFORMATION

 

While Bespoke Interior Co aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While Bespoke Interior Co has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. Bespoke Interior Co does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on Bespoke Interior Co’s website is different to the price displayed in a Bespoke Interior Co showroom, the price displayed in the Bespoke Interior Co showroom is the correct price.

 

INTELLECTUAL PROPERTY

 

You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Bespoke Interior Co.

 

You will not knowingly allow any intellectual property belonging to Bespoke Interior Co to be reverse engineered, pirated or copied or breached in any other manner. Bespoke Interior Co may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Bespoke Interior Co's intellectual property rights.

 

PRIVACY

 

We may collect personal information in connection with Bespoke Interior Co’s dealings with you. If so, we will abide by Bespoke Interior Co’s Privacy Policy, a copy of which is available on Bespoke Interior Co’s website and by request.

 

INDEMNITY

 

To the full extent permitted by law, you will indemnify Bespoke Interior Co and keep indemnified Bespoke Interior Co from and against all liability, loss or damage Bespoke Interior Co may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.

 

GOVERNING LAW

 

These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

 

GENERAL

 

Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Bespoke Interior Co and you for the purchase of the Products.

 

If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

 

CONTACT

 

For further information please contact Bespoke Interior Co Customer Service:

b@bespokeinterior.co

0431261573