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DISTINCTIVE WARDROBE SOLUTIONS (ABN 66 901 938 842)                                
 

TERMS AND CONDITIONS OF SALE

1. DEFINITIONS

DWS means Distinctive Wardrobe Solutions (the supplier) and BUYER means the buyer whose order for the purchase of goods is accepted by DWS. T & C means these Terms and Conditions of Sale.

 


2. CONDITIONS OF SUPPLY

2.1 All goods (and services, if any) are supplied on these Terms and Conditions to the exclusion of any other representation, expressed or implied
2.2 These terms and conditions prevail over any purported conditions of purchase notified by BUYER and may be varied only in writing signed by DWS
2.3 Any contract between DWS and BUYER is independent of any contract, arrangements or dealings between BUYER and it’s customer

 


3. PAYMENTS

3.1 Unless special alternative arrangements are made in writing, 25% deposit is to accompany order and full payment is to be made by BUYER prior to dispatch (Deposit is NON-REFUNDABLE)
3.2 Title to the goods remains with DWS until payment has been received in full
3.3 Interest will be charged on any overdue amounts at the rate of 2% per month + monthly accountancy fee
3.4 Any expenses incurred attempting to recover overdue amounts will be charged to BUYER

 


4. PRICE

4.1 Prices are subject to variation without notice
4.2 Prices do not include Delivery or Installation unless specified in writing

 


5. VARIATIONS

 Any variations requested by BUYER more than 24 hours after receipt by DWS of the original order will need to be treated as a new and separate order

 

 6. CANCELLATION

6.1 No cancelations, amendments or variations of an order will bind DWS unless accepted in writing by DWS, No deposits are refundable.
6.2 BUYER shall be liable for and shall indemnify DWS against any loss of whatsoever nature suffered by DWS resulting from cancellation of an order by BUYER

 

7. RETURNS

7.1 Unless requested by DWS under clause 8.3, returns will not be accepted by DWS as each delivery is customised
7.2 In the event of a return not requested by DWS being allowed for in writing by DWS, the BUYER shall deliver the goods to DWS at its own cost and at its own risk and there will be a restocking fee applied at the discretion of DWS

 


8. FAULTY / DAMAGED/INCORRECT GOODS

8.1 Notification of damaged or incorrectly supplied goods must be received in writing by DWS within 48 hours of delivery, otherwise such claims cannot be recognized
8.2 In the case of transport damage, photographs of the unopened pack showing the external damage are to be provided to DWS, along with photographs showing the damage to the contents after opening the pack, otherwise claims for damage in transit cannot be recognised by DWS
8.3 DWS may, at its discretion, require the return by BUYER of the goods in question. BUYER will be responsible to repackage the goods properly for undamaged return to DWS. If DWS is satisfied after inspection of the validity of the claim by BUYER, then DWS will reimburse reasonable freight cost
8.4 All claims under Clause 8 are limited to the replacement of the faulty/damaged/incorrect items only and DWS specifically excludes any compensation for lost time, income or any other costs (eg travel)

 


9. GUARANTEE

  DWS is a caring and genuine supplier and hereby guarantees to the original owner that its products are good quality, complying with or exceeding all standards normally acceptable in the Australian built-in wardrobe industry and that all components, materials and labour are free from manufacturing defects and will operate properly, free from any failure. In the case of any manufacturing defect, or failure in normal operation, DWS will (subject to the provisions of clause 8.3) on presentation of the owner’s original purchase invoice, replace at its own cost the defective part and bear the cost of freight to the original destination. Damage caused by abuse or mistreatment beyond normal wear and tear is, of course, excluded from this guarantee

 


10. MEASUREMENTS & SPECIFICATIONS WITH ORDERS

9.1 Measurements and specifications supplied by BUYER will be deemed to be complete and correct when received by DWS.
9.2 Any replacement products and freight thereof required by BUYER resulting from provision by BUYER of insufficient or incorrect information will be supplied at normal rates.

 


11. DELIVERY

10.1 “Delivery” wherever mentioned in these T & C, except in clause 4.2, shall include attending at a point of proposed delivery, whether goods were actually left there or not, or at the option of DWS, advising BUYER that the goods are ready for delivery. If delivery is not by DWS the freight charge will not apply.
10.2 DWS may deliver the goods by installments and BUYER will be deemed to have accepted each delivery. Requirements of BUYER regarding delivery shall not be a condition of the essence of the contract.
10.3 DWS shall be under no liability for direct or consequential loss or damage to BUYER arising from delay or postponement of a delivery.
10.4 In the case of failure to supply, DWS shall be under no liability to BUYER beyond refund of the agreed price of the goods not supplied, or subsequent supply of the goods at the option of DWS.
10.5 If BUYER is unable to pick up goods or to accept delivery within 10 days of advice that goods are ready, a storage fee will apply at rates determined by DWS.

 


12. RISK

The goods are at BUYER’S risk from time of whichever occurs first of the following:
(i) the passing of property to the BUYER on collection from factory door either by BUYER in person or by BUYER’s carrier or other representative
(ii) the delivery of the goods to such person or premises as BUYER directs
(iii) the delivery of the goods to any carrier nominated by BUYER.

 


13. INFORMATION & ADVICE

Any advice or information provided by DWS in relation to goods sold including installation time estimates etc. is given in good faith and is believed by DWS to be appropriate and reliable but DWS accepts no liability for its application to BUYER’s particular circumstances.

 


14. CLERICAL ERRORS

Clerical errors in computations, typing or otherwise of catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note, statement or specification of Seller, shall be subject to correction.

 

 

 

ALL QUOTATIONS AND SALES CONTRACTS ARE SUBJECT TO THE FOLLOWING CONDITIONS TERMS AND CONDITIONS OF SALE FOR INSTALLATION CONTRACTS

 1. SELLER means Distinctive Wardrobe Solutions, and Sunset Wardrobes and Buyer means the buyer whose order for the purchase of goods is accepted by Seller. These General Terms and Conditions of Sale do not limit the application of any provisions of any Statute, unless or to the extent that it is lawful to do so.

 


2. ACCEPTANCE OF BUYER’S ORDER: These terms and conditions shall apply to every quotation, offer, sales contract and sale of goods between Seller and Buyer; any terms and conditions of Buyer’s order deviating from or inconsistent with these terms and
conditions are expressly rejected by Seller. This rejection also extends to any statement by Buyer that Buyer’s terms and conditions shall prevail and to any stipulation by Buyer
as to the manner of declaring such rejection. A contract shall only be deemed to have been entered into between Seller and Buyer for the supply of goods when, upon an order having been placed upon Seller for goods, that order has been accepted by Seller (such acceptance of order may be made and communicated by Seller in writing or by overt act of acceptance. Seller reserves the right to refrain from accepting any order without supplying any reason for so doing).

 


3. INSURANCE: Buyer is responsible to effect whatever insurance cover he requires at his/her expense.

 


4. PAYMENT: Deposit where requested to accompany order, with further progress payments as requested and balance on completion or on advice from Seller that completed goods are ready for delivery. Delay in payment of balance results in forfeiting of any settlement discount and incurs interest at 2% per month on monthly balance along with a monthly account keeping fee of $50. Where payment is made by cheque, payment is not deemed to be received until the cheque is cleared by the bank.

 


5. CANCELLATION: Cancellation of contract for sale between Buyer and Seller requires approval in writing from Seller otherwise the goods will be delivered to Buyer and Seller is entitled to payment from Buyer of full contract price.

 


6. ACCEPTANCE AND CLAIMS: Acceptance of the goods delivered shall be deemed for all purposes to have taken place not later than seven (7) days from the date of each delivery. No goods will be accepted for return unless agreed in writing by Seller and then only upon conditions acceptable to Seller and at Buyer’s entire risk as to loss or damage; a restocking charge of not less and 10% of the price of the goods returned will be made. The Buyer shall not make a ‘chargeback’ at any time unless authorized by the Seller in writing. (‘Chargeback’ herein includes any event by which Buyer cancels a payment made to Seller.)

 


7. PROPERTY AND RISK: Risk in the goods shall pass to the Buyer at the point of delivery or on advice from the Seller that the goods are ready for delivery. Property of the goods, however, does not pass to the Buyer until payment in full has been received by Seller. Seller reserves the right to recover any goods upon which Buyer has defaulted in payment.

 


8. WARRANTIES: Liability of the Seller will be limited to the replacement of the goods or service or payment for supply or equivalent goods or services. Seller will not be liable for any loss or damage whatsoever suffered by the Buyer as a result of any act, omission, or statement made by Seller, it’s employees, contractors, or agents whether negligent or not, except that nothing in these Terms and Conditions limits a liability imposed by any statute unless or to the extent that it is lawful to do so.

 

 
9. DELIVERY: “Delivery” wherever mentioned above shall include attending at a point of proposed delivery, whether goods were actually left there or not, or at the Seller’s option advising the Buyer that the goods are ready for delivery.

 

 
10. DELIVERY TIME: Seller may deliver the goods by installments and Buyer will be deemed to have accepted each delivery. Requirements of buyer shall not be a condition of the essence of the contract. Seller shall be under no liability for direct or consequential loss or damage to Buyer arising from delay or postponement in delivery.

 


11. CLERICAL ERRORS: Clerical errors in computations, typing or otherwise of catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note, statement or specification of Seller, shall be subject to correction.

 


12. MODIFICATIONS: Any modification of these Terms and Conditions shown by the Seller on the Seller’s quotation shall be binding on both Seller and Buyer, but otherwise no modification shall be binding on the Seller unless in writing signed by both parties.

 

 

Distinctive Wardrobe Solutions WEB SITE AGREEMENT

The Distinctive Wardrobe Solutions Web Site (the "Site") is an online information service provided by Distinctive Wardrobe Solutions ("Distinctive"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Distinctive MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

 


1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Distinctive, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Distinctive a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Distinctive by all means and in any media now known or hereafter developed. You also grant to Distinctive the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Distinctive for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Distinctive..

 


TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Distinctive.. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

 

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Distinctive, Distinctive does not operate, control or endorse any information, products or services on the Internet in any way. Except for Distinctive - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Distinctive.. You also understand that Distinctive cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Distinctive PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Distinctive SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Distinctive DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Distinctive HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

 


LIMITATION OF LIABILITY

IN NO EVENT WILL Distinctive BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Distinctive OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Distinctive LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Distinctive makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Distinctive web site, please understand that it is independent from Distinctive, and that Distinctive has no control over the content on that web site. In addition, a link to a Distinctive web site does not mean that Distinctive endorses or accepts any responsibility for the content, or the use, of such web site.



3. Indemnification.
You agree to indemnify, defend and hold harmless Distinctive, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.



4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Distinctive and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.



5.  Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.



      6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between Distinctive and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Distinctive’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Distinctive may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
© 2010 Distinctive Wardrobe Solutions, All rights reserved.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.

 



 

 

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