Terms & Conditions

By Dezign Pty. Ltd (The Company) trades in the state of New South Wales and in the Commonwealth of Australia and is bound by the laws relating to the Competition & Consumer Act (CCA) and the guidelines and laws of NSW. In particular this relates to guidelines prescribed by the NSW Department of Fair Trading. In the event that any disputes cannot be resolved by the Company and the customer, reference should be made to the Department of Fair Trading on their toll free number - 1300 135 399

Key Points:

  1. The Sales Order is a documented contract under common law and as such is binding on both parties to the contract. Therefore any variations or alterations to the contract must be agreed by both parties and must be confirmed in writing.
  2. Please choose carefully, as the Company does not refund if you change your mind.
  3. This contract can only be partly or fully cancelled by mutual agreement and a fee of not less than 20% of the total price will apply.
  4. The Company will not automatically accept a proposed cancellation of the contract however we may allow a variation to the contract. If a variation to a contract is agreed, a Service Fee of up to 20% will apply. (Minimum $50.)
  5. The goods contracted in this purchase are to be supplied as per “The Merchant Sample “.  All reference to the quality of the final goods supplied under this contract shall be in regard to the original “Merchant Sample”.
  6. Goods sold as "Floor stock" or "as is" condition are not subject to normal "Merchant Sample" standards or warranty periods and no further claim can be made against the Company for repair or replacement of the product. These goods are sold on the basis of no refund or return and floor stock purchases must be collected or delivered within 7 days.
  7. After delivery, any inquiries, claims or disputes must have copies of the tax invoice and any reference for information about the goods or services must refer to the tax invoice number on the top right hand corner of the invoice.
  8. Full payment is required prior to delivery. The payment methods are stated on the front of this document. Failure to comply with these terms could be regarded as a breach of contract.
  9. All claims, credits, refunds or gift vouchers, shall only be payable to the party named on this contract.
  10. Lead times nominated are approximate as the manufacturing of orders is not within By Dezign’s control. For imported items this lead time may vary by up to four weeks.
  11. Special Note.  “If the goods have been carried outside the standard Metropolitan delivery area, any service requirements will be done once the goods have been returned to the Company’s warehouse.”
  12. By Dezign’s warranty period is one year from purchase unless otherwise stated on the Sales Order.  Claims for warranty will not be processed without proof of purchase. (Sales Order number or Invoice number).
  13. The terms of warranty shall be in accordance with standards of the Australian Competition and Consumer Commission.  Under the scope of these standards, the Company will assess whether a fault is minor or major and for any minor fault the Company may elect to provide a replacement, rather than a refund.
  14. The standard warranty applies for domestic use only and does not apply to any damage as a result of a subsequent relocation of the goods after the initial delivery.

Key Delivery Terms & Conditions:

The standard delivery service allows 15 minutes for delivery to a ground floor location. For deliveries that require other requirements an additional fee may apply.

  1. Please note that the following services are not included in a standard delivery charge:
    1. Unpacking wrapped furniture.  (This includes timber, cardboard, bubble wrap, fibre bags and plastic.)
    2. Removal of packing materials or crating.
    3. Exact in home location, including levelling, adjusting or cleaning of any furniture.
  2. Goods will only be delivered subject to payment by the agreed terms, of the outstanding balance or agreed progress payment for part deliveries.  Please note that payment by personal or business cheque at the time of the delivery is not accepted.
  3. For customers who require special delivery conditions or an exact delivery time there is a “Gold Delivery Service” available at an extra charge.  Please inform the warehouse manager who can be contacted on 9625 6993 (9.00am to 3.00pm Monday to Friday) of your requirements and we will advise the specific delivery cost – minimum $150.
  4. We will deliver into the house or unit provided it is within 30 metres of the nearest available truck parking point.  We will not normally deliver goods through another person’s property or over balconies.
  5. We will deliver to units on higher floors, as long as the goods can be transported in a suitable lift.
  6. Customers are totally responsible for ensuring that ordered goods can be properly received into the required delivery location and that they will fit through all openings for the goods to be delivered.  If, in the professional opinion of the delivery sub-contractor, the delivery cannot be undertaken without potential damage to the goods or property because of restricted openings or limited access, the subcontractor cannot complete the delivery.  Under these circumstances the customer can:
    1. Elect to have the goods delivered to another location.
    2. Fill out a rejected delivery form and have the goods returned to the store.
  7. To assist you with arranging receipt of your delivery we will phone you in advance to arrange a day for delivery.  At that time we cannot specify the time of the delivery however on the morning of the delivery we will ring you to advise an approximate 2-hour time frame for the delivery.
  8. Where the Company confirms a delivery day as per point 2.7 and the customer fails to be available or cannot accept the goods because of inadequate access or fails to pay according to the agreed terms of payment, a second charge will apply for a second delivery of the order.  The minimum charge for a second delivery is $80.

By Dezign’s delivery service does not include the movement of any other furniture. If required, customers may arrange this service with the sub-contractor at a nominal fee for a set time.  Please note that this service has to be pre-booked and the sub-contractor’s printed terms and conditions document must be signed prior to work commencing.

By Dezign subcontracts to fully trained Furniture Removalists who use proper wool covers and a fully enclosed van (note the Company may on occasions use a courier van for small urgent items).

Please note that some delivery locations have special requirements and the company requests that these conditions are nominated prior to delivery. They include:

  • More than two flights of stairs.
  • High rise buildings with small lifts.
  • Long distance from the truck “lift off” point.
  • Stairs too narrow to move normal furniture.
  • Unusual delivery, like ship or barge.
  • Delivery where cranes or block and tackle are required (eg. delivery over a balcony.)
  • Special times for “clearway” requirements.
  • Narrow or steep drives or “battle axe blocks”.

Where customers are renovating driveways or paths, and if the weather is wet, then protective covers to the walk areas inside the house must be provided. (Please note the delivery people are not allowed to take off their boots because of “Work Cover” safety regulations).

Placing an order online

When making an order, you must:

  1. Possess a valid credit or debit card and register for an account on the Website. To place an order, you should follow the given instructions.
  2. Agree that irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Website) the charges you must pay including GST and any applicable delivery charges.
  3. You must pay for the Product in full when placing an order by one of the payment methods we provide on the Website. At no time shall we be bound to accept the order before we have received the funds in full.
  4. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

If delivery of an order will result in unacceptably high freight charges to By Dezign, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances we will issue a full refund to you.

If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us. Please note that we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to process your order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in New South Wales, Australia.

Prices, payment and GST

All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by credit card (Visa and MasterCard) and PayPal. The price for each product is subject to change, effective immediately upon posting to our website or other form of notification.

Payment security

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.

In an effort to prevent 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 the credit card. 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).

Email communication

You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.

Other Policies

The Privacy Policy available on our website informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. In order to purchase through our website, you will be requested to provide your personal details, in particular, your real name, billing address, shipping address, mobile phone number and email address. Furthermore, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network

Applicable law

These Terms and Conditions, including our Privacy Policy are governed by the laws of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales. Our website is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website.

Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

Severability

If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.