Terms and Conditions of The Feelter
Please take a few minutes to read these Terms & Conditions carefully. Your use of our Website, or purchase of Goods from us, constitutes your agreement to these Terms & Conditions. That said, we are a human company and, in the event of any dispute, our first desire is so resolve all matters commercially rather than by relying on all this “legalese”.
1. Terms of sale
a) All Goods that we sell, are sold on these Terms & Conditions.
b) We may update or modify these Terms & Conditions at any time, without prior notice, by posting the updated or modified version of these Terms & Conditions on our Website.
c) The version of these Terms & Conditions that will apply to your order is the version which is available on our Website at the time we accept your order.
d) We encourage you to review these Terms & Conditions each time you purchase Goods from us or visit our Website.
2. Online orders
a) This clause 2 only applies when you order Goods on our Website.
b) You must be at least 18 years of age to order and purchase Goods from our Website.
c) Representations made by us via our Website do not constitute an offer to sell but an invitation to treat.
d) The reproduction of colors on our Website is as accurate as possible. However, you acknowledge and accept that the actual color of a Good may vary from what is displayed on your monitor.
e) We reserve the right to accept or decline, in whole or in part, any order placed by you.
f) We will notify you as soon as possible about the availability of the Goods you have ordered. If we advise you that the Goods you have ordered are no longer available, your order may be declined.
g) If some or all of the Goods you have ordered are temporarily out of stock, we will place those Goods on back order and supply them when stock becomes available; unless you notify us that you wish to cancel the order (which you may do any time before the Goods are shipped).
h) Notwithstanding any other clause in these Terms & Conditions, for Goods you order on our Website, you must enter your payment details at the time you place your order.
a) Subject to clause 6 below, you irrevocably waive any claim against us in respect of shortage of any Goods delivered to you, if no claim in respect of short delivery has been lodged with us, in writing, within seven days of the date of receipt of your order.
a) All specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. We are under no liability for damages for failure of the Goods to meet such specifications, unless otherwise specifically guaranteed by us in writing. You acknowledge and agree that any such guarantees given by us are subject to reasonable tolerances and margins of error.
a) You acknowledge and agree that Goods may not be available for immediate delivery.
b) Delivery times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery or late installation of the Goods.
c) When delivering outside the Melbourne Metropolitan area The Feelter will use reasonable endeavours to deliver on the specified delivery date, however this cannot be guaranteed and The Feelter accepts no liability in relation to any damage or loss incurred due to non-delivery.
d) It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, or a representative on your behalf). Liability for the Goods becomes yours when the Dispatch Note is signed either by you or your agent.
e) If we accidentally damage Goods in the course of delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Goods.
f) Unless we otherwise agree in writing, we may, at our option, deliver the Goods to you in any number of instalments.
g) For clarity, if we deliver any of the Goods by instalments and any one of those instalments is defective for any reason:
1, it is not a repudiation of any contract of sale formed by these Terms & Conditions; and
2, the defective instalment is a severable breach that gives rise only to a claim for compensation.
h) You must provide adequate parking and facilities for unloading the Goods at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address. In the event that reasonable access has not been provided additional charges may be payable.
i) We reserve the right to recover any fair and reasonable costs associated with a failed delivery attempt.
j) Delivery is deemed to have commenced once the Goods have either left our warehouse or a booking has been confirmed with a 3rd party transport provider.
k) Should an order be cancelled after delivery has commenced we reserve the right to recover any fair and reasonable costs associated with that cancellation.
l)We must be in receipt of cleared funds prior to arranging your delivery.
6. Title and risk
a）Title to the Goods passes to you once you have paid us in full for the Goods. Until that time, you hold the Goods on our behalf.
b） Risk of loss or damage to the Goods passes to you on delivery.
a） The Goods come with guarantees that cannot be excluded, restricted or modified under the Australian Consumer Law.
b） 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) and which, by law, cannot be excluded, restricted or modified. However, to the maximum extent permitted by law, we disclaim all other conditions, warranties, guarantees and terms, whether express or implied, under statute or general law, in respect of the Goods.
c） Sofa Frames: Each sofa frame supplied by The Feelter is warranted against failure due to a manufacturing fault for a period of 5 years from the date of purchase or otherwise in accordance with the Australian Consumer Law.
d） Components: Other components including, fabrics, leathers, foam, feather and fibre fillings, suspension, springs, mechanisms including sofa bed mechanisms, zippers, touch fasteners, and legs are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
e） Other Goods: All other goods not specifically listed above are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
f） Warranty is limited to The Feelter house range fabrics only. Fabrics supplied by outside suppliers and purchaser’s own fabrics are not included in this warranty. Fabrics and leathers supplied by outside suppliers may be covered by the supplier’s own warranties.
g, Guarantees may not be assigned to a third party.
h）These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your Goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by a third party.
i） Any repair or replacement under this warranty is limited to the defective part only. The Feelter reserves the right to determine whether a part has failed due to a defect or wear and tear and whether a component should be repaired or replaced. Freight, house calls, labour and other items are charged to the purchaser at standard rates and are not included in this warranty. Covering components replaced under this warranty may vary in colour and texture to the original.
j） All Goods must have been maintained in accordance with our Care & Maintenance manual to be eligible for any form of Guarantee.
a） We are not liable for, and you release us from, any claims in respect of faulty or defective Goods based on Designs supplied by you, unless such Designs have been wholly prepared by us and the responsibility for any claim has been expressly accepted by us in writing.
b） We are not liable for physical injury, financial injury, loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Goods.
c） For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of:
1. re-supplying or paying the cost of re-supplying services; and
2. repairing, replacing or paying the cost of repairing or replacing goods.
a） Prices shown are in Australian dollars and include GST where applicable.
b） Prices may not include delivery and handling charges.
c） Prices are subject to change.
d） Unless otherwise stated, any accessories shown in any image of the Goods are not included in the price of those Goods.
a） All payments must be made in Australian currency.
b） Where we are required to have the Goods manufactured, you must pay us a non-refundable deposit of 50% of the purchase price before the commencement of any manufacture, unless otherwise agreed by us in writing. The final 50% balance must be paid once the Goods have been received into our warehouse or seven days prior to delivery – which date will be at our discretion.
c） For supply only contracts, you must pay us the entire purchase price no later than three days before the delivery date.
11. Rights in relation to Goods
a） For clarity, we reserve the following rights in relation to the Goods until all amounts owed by you to us are fully paid:
1. ownership of the Goods;
2. to enter your premises, without liability for trespass or any resulting damage, and retake possession of the Goods; and
3. to keep or resell any goods repossessed pursuant to paragraph (2) above.
12. Our Property
a） Any of our property which is under your possession, custody or control is completely at your risk with regard to loss or damage caused to our property or by our property.
a） We reserve the right to charge you a reasonable fee for storage
1. you are unable to take delivery within 2 weeks of the date of purchase, or within 2 weeks of any Goods we have had manufactured for you being received into our warehouse; or
2. you notify us that you are unable to take delivery of the Goods at the initial delivery time, in which case we may charge you storage fees in respect of the Goods held for delivery by us from the initial delivery date to the date of actual delivery; or
3. you do not provide us delivery instructions within three days of a request by us for such instructions, in which case we may charge you storage fees from the first day after we request you to provide us delivery instructions.
14. Returned Goods
a) If you have purchased Goods from our Standard Range then, subject to clause 14.b, 14.c and clause 14.d, you may cancel your order either before delivery, or within 14 days of delivery.
b) If you wish to make a return we will refund the value of the Goods cancelled or returned less any delivery, return, cancellation or re-stocking charges (where applicable).
c) If you wish to cancel your order you must notify us in writing either before or within 14 days of delivery.
d) Goods must be returned to us in a saleable condition. In a new, unmarked condition in their original packaging. If the original packaging cannot be provided we may, at our discretion accept a return, however a re-stocking fee will apply.
e) Any order for Bespoke Goods may not be cancelled by you, either before or after delivery. On occasion we may be able to accept a return of a Bespoke Good, however this will incur a cancellation fee and will be at our discretion.
f) Any order for Clearance Items or Floorstock Items may not be cancelled by you, either before or after delivery.
g) It is your responsibility to return any Goods you wish to cancel to us at our warehouse.
h) Where we are under no obligation to accept Goods returned by you and will do so only on terms to be agreed in writing in each individual case.
i) Any item which has been treated with Guardsman or any other type of after market fabric protection product may not be cancelled or returned.
a) No order for any Bespoke Good may be cancelled except with consent in writing and on terms which will indemnify us against all losses.
a) If any provision of these Terms & Conditions is determined by a court of law to be void, invalid or unenforceable then such provision shall be severed from these Terms & Conditions, and the remaining provisions shall remain in full force and effect.
17. Entire agreement
a) This agreement contains the entire agreement of the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter.
b) To the maximum extent allowed by law, the parties exclude all terms, conditions, and warranties other than those contained in this agreement.
a. In these Terms & Conditions:
1. a reference to a statute, code or other law includes regulations and other instruments under it as well as consolidations, amendments, re-enactments or replacements of any of them.
2. Design means any and all specifications, designs, drawings or other particulars, in any format. This include but is not limited to any request by you for any form of customisation or change which varies from any Standard Range product;
3. Good(s) means the products (including furniture and any other items) and services (if any) that you buy from us, regardless of whether the purchase is made in-store or online;
4. Product(s) has the same meaning as Good(s).
5. Bespoke means Goods that are from our "bespoke" range on the website or those Goods you have requested us to have manufactured in a fabric of your choice that is not listed as 'Standard' on our website or any Good subject to any Customisation at your request.
6. Standard Range means any Goods that are featured on our website.
7. Clearance Item means a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.
8. Saleable Condition means Goods being presented in an as new, unmarked and unassembled condition, this includes, but it not limited to, being presented in the original packaging;
9. headings are provided for ease of reference only and not affect the interpretation of meaning of these Terms & Conditions;
10. the singular includes the plural and vice-versa;
11. the words “includes”, “including” and other similar terms are not words of limitation;
12. We, us or our means The Feelter, which is the seller of the Goods; and
13. You or Your is a reference to the buyer of the Goods.