Terms & Conditions

1.       Agreement

Calibre Furniture (“we”, “us”, “our”) provides services to you (“customer”, “client”, “account holder”) under the following terms and conditions (“Terms and Conditions”, “Terms”). By accepting these Terms and using the Calibre Furniture website (“Website”), you have read and understood them and agree to be bound by these Terms.

If you are purchasing goods through the Website or receiving a service from Calibre Furniture, you agree that these Terms and Conditions apply to each order you place.

If you are entering into these Terms on behalf of another entity, you do so representing that you have the authority to bind that entity to these Terms. If you do not have authority or do not agree to these Terms, we advise you to terminate your use of the Website and our services.

 

2.       Access and Use of the Website

2.1.  The Calibre Website (“Website”) may contain links and from other websites operated, controlled, or produced by third parties. Unless indicated otherwise, Calibre Furniture does not control, sponsor, endorse, or approve any such websites or their content and does not take full responsibility for the websites or content.

2.2.    All users and customers (“you”) are responsible and legally liable for their activity, behaviour, use of and conduct on the Calibre Furniture website and account (including orders placed under your account).

i.             You must ensure that your access to and the use of the Website are in accordance with any applicable law and these Terms and Conditions

2.3.    You must not or attempt to:

i.            Interfere or disrupt the Website or the servers or networks that host the Website;

ii.           Use data mining tools, robots, screen scraping or similar data gathering and extraction tools on the Website;

iii.          Interfere with security-related or other features of the Website.

2.4.    We do not take responsibility for any risks or damages caused by viruses, malicious computer codes and/or interferences may arise in connection with your use of the Website. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure and private. We may report fraudulent, abusive or illegal activity to the relevant authorities.

i.             If you suspect or become aware of any unauthorised or suspicious activity in relation to your account or that your password is no longer secure, you must notify Calibre Furniture immediately and take immediate steps to re-secure your account (including changing your password).

 

3.       Pricing and Product Information

3.1.    All prices listed on the Website are in Australian Dollars (AUD$) unless indicated otherwise.

i.             All prices listed on the Website are exclusive of Australian Goods and Services Tax (GST) where applicable. Calibre Furniture will issue a compliant tax invoice where appropriate

ii.            Prices are subject to change without notice

3.2.    Prices for product/s in your order are fixed as soon as your order has been confirmed. Subsequent price changes will not be applied to confirmed and/ or processing orders

3.3.    By ordering through the Website, you agree to pay the delivery charges that are calculated and specified in your order confirmation.

3.4.    Features, information and specifications of products described or depicted on the Website are subject to change without notice.

i.              All specified dimensions and weights of advertised products are approximate.

3.5.    Products can be put on hold up to four (4) weeks from the date of notification that your hold order and deposit payment are confirmed. If you need to extend your hold longer than four (4) weeks, your deposit payment will be non-refundable and your products on hold will no longer be valid for change-of-mind and other return/ refund policies. 

 

4.       Orders

4.1.    Any order/s submitted by you is an offer by you to purchase goods for the price, including delivery fees) as specified at the time of your order submission.

4.2.    An order/s is deemed to be received by Calibre Furniture at the time we send an order confirmation with an order number to your nominated e-mail address

i.             Each order, once confirmed, represents a separate agreement.

4.3.    When we accept your order, it constitutes an agreement between the two parties (“you” and “Calibre Furniture”). You order represents an offer to purchases product/s, which we accept to supply those product/s as per your order under these Terms and Conditions.

4.4.    Ensure your details and connection to the Website and its services are correct as we are not responsible for declined orders or orders that are not accepted due to disruptions with internet connections.

4.5.    We will primarily communicate with customers through their nominated e-mail and contact number.  By completing the order , you agree to provide complete and accurate personal details to enable the processing and delivery of your order

i.             In the event of a drop-ship order, Calibre Furniture will contact the client’s customer, if based in the Melbourne metro areas, on their behalf to organise a delivery date. If the client’s customer is interstate, the delivery will be through third party removalist or courier services. Courier services will only offer tracking advice, whereas removalist services will confirm the delivery date with the client’s customer.

4.6.    We advise you to check your order carefully before submitting as order cancellations or changes to your order cannot be made – unless by agreement with Calibre Furniture or otherwise under these Terms and Conditions or special circumstances.

4.7.    We reserve the right to reject an order if, at our discretion, is deemed unacceptable at any time

i.             This includes circumstances in which the order requests commercial quantities of product/s

ii.            If we reject an order, we will notify you of the reason for rejection via an e-mail within 3-5 business days. If we reject an order and your payment for the good/s has already been processed, we will refund any money paid to us in respect of that order and contact you via your nominated e-mail.

4.8.    Calibre will not be liable to you for your loss or that of any third party for the rejection or cancellation of an order.

4.9.    Occasionally, certain goods may be out of stock or be subject to long leads times. The estimated leaf-times are only an approximation and are subject to change. If Calibre is unable to fulfil your order, we will either:

i.             Refund you the price of the goods

ii.            Place the goods on hold for four (4) weeks (refer to Clause 3.5)


5.       Payment Terms

5.1.    We accept all major credit credits (Visa, Mastercard, and Direct Deposit) via EFT, excluding American  Express

i.             The name on the credit card used for the payment of your order must match the name on the order

ii.            In the case of an over-exceeded payment, an ID check is required to confirm your order before it can be fully processed and for a security check.

5.2.    Payment will be processed immediately upon confirmation of your order

i.             If your payment cannot be processed or was declined, your order will be rejected under Clause 4.4. You will be notified of this on the Website’s checkout page. If a credit card payment cannot be processed, we advise you to contact your card issuer first to resolve the problem or use an alternative payment method in order to continue with your order.

5.3.    All payments made by the customer shall be made without withholding or setoff payment.

5.4.    All deposits or advanced payments are non-refundable.

5.5.    In the event of an overdue account, Calibre reserves the right not to supply further goods to the customer. Calibre maintains the right to take action to recover the balance owing an invoice.

 

6.       Delivery and Ownership of Goods

6.1.    We use third-party delivery agents who represent Calibre Furniture to delivery your good/s.

6.2.    For the purpose of delivering your good/s, you agree that your details, including your nominated delivery address, will be supplied to the delivery agents to fulfil their services.

i.             An Australian residential/ street postal address is required as we are unable to deliver to PO Box addresses.

6.3.    All deliveries will take place during business days (Mondays-Fridays). It is the customer’s responsibility to be available during the nominated delivery date to accept the delivery. If you are not home on business days or unable to accept delivery, we suggest:

i.            Directly delivering the goods to your place of work, or

ii.           Provide special instructions when placing your order for a safe delivery place at your nominated delivery address.

6.4.    Drop-ship services are available wherein a client’s order will be directly delivered to the client’s customer at the customer’s expense. No invoice will be included.

i.            All drop-ship deliveries will be addressed from Calibre Furniture

ii.           Refer to Clause 4.5.i for drop-ship contact details.

6.5.    Where a customer gives written authority to leave goods unattended and/ or to be delivered without a signature, any and all included insurance cover will be voided upon the goods being delivered as instructed.

6.6.    The dispatch service is deemed to have been provided once an order has been dispatched to the customer.

i.             Note that all shipping, delivery, and/ or freight costs are non-refundable

6.7.    Unless otherwise agreed in writing, all risk of loss and transfer of title of goods purchased shall pass to the customer upon the date and time of delivery to or collection by the customer, their agents, or authorised representative.

6.8.    We are not responsible for the delivery and the delivery times of the order once dispatched to the delivery agent

i.             The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Calibre Furniture. This date is subject to change without notice.

6.9.    We are not liable for any loss, damage, cost, expense or injury you or another third party suffers as a result of a change in delivery times or a delay in delivery.

i.             Where scheduled dispatch of an order is delayed, customers will be notified via e-mail or phone at their nominated e-mail or contact number

ii.           Calibre Furniture does not hold any responsibility for events that may occur, or any other causes, resulting in a delayed dispatch or delivery date.

6.10. In the event of a product/s arriving or delivered with signs of transit damage, customers must inform Calibre Furniture’s support team within 48 hours from receipt of goods

i.             To make a claim, provide the following:

• Your name and invoice number

• Proof of purchase (i.e. invoice pr purchase receipt)

• A detailed description and photographic evidence of the damaged product/s

6.11. A replacement or compensation is available for minor faults of the product. A refund is available for major faults of the product or if the customer so chooses to not replace the product/s or receive compensation.

6.12. Where a customer wishes to cancel an order after it has been dispatched, the delivery fee and return or redirection costs are not refunded and/ or payable by the customer.

6.13. The delivery of goods by the delivery agents includes delivery to ground floor and/ or to the front door by a single delivery driver. Please note that the customer will be required to organise help from another person and to take goods from the ground floor and/ or front door inside the residence. Please remember that it is your responsibility to ensure that the packaged product/s will fit through doorways, staircases, and/ or elevators before placing your order

i.             The customer may pay for additional services to fulfil their delivery requirements

ii.             For oversize, bulky, or fragile product/s, the customer may arrange alternative and premium (“White Glove Removalist Service”) service in advance of dispatch with Calibre Furniture.

6.14. The delivery service does not include:

• Carrying goods inside, upstairs, or into elevators

• Placing product/s in rooms

• Assembling product/s, and

• Removing packaging or wrapping

6.15. If Calibre Furniture is unable to source or deliver the goods ordered by you, Calibre Furniture has the right to cancel your order and provide you with a full refund. Calibre Furniture takes no responsibility for any loss or damage whatsoever in relation to orders that have been cancelled by us.


7.       Refunds and Returns

7.1.    In order to process a return under these Terms and Conditions, customers must contact Calibre Furniture using the details provided on the ‘Contact Us’ page. The customer must then comply with instructions from Calibre Furniture staff.

i.             To make a claim, provide the following:

- Your name and invoice number

- Proof of purchase (i.e. invoice pr purchase receipt)

- A detailed description and photographic evidence of the damaged product/s

7.2.    Other than when a fault is deemed a major fault, Calibre Furniture is not required to provide a full refund. No refunds are available for services where goods are not offered.

7.3.    Returned goods must be returned in the original packaging with accessories and parts, and be in a suitable re-saleable condition

i.             If returned goods are found not to be re-saleable by Calibre Furniture, at our absolute discretion, Calibre Furniture deserves the right to refund or offer store credit 50% or less of the product price paid by the customer.

7.4.    If you cancel your order, depending on the case, you agree to the following:

i.             In the case of a stocked product, which is a product that has not been customised, you will be reimbursed with a flat rate of 20% restocking fee as long as the refunded item meets the conditions of Clause 7.3. Note that the refund will be a store credit

ii.             In the case of a customised product, which is a product that has been specifically customised for you as a customer, you will surrender your 50% non-refundable deposit.

iii.             You will have no further claim or ownership of the cancelled product.

7.5.    Calibre Furniture does not accept change of mind returns. If there are extraneous circumstances requiring change of mind returns, please note that there is a flat 20% restocking fee subject to increase if the product/s returned is not in brand new condition.

7.6.    The customer is solely liable for the return freight costs and method of delivery in the case of a return. It is the customer’s responsibility to ensure the goods are re-packaged and returned safely

i.             Calibre Furniture takes no responsibility for goods lost in transit during a return delivery.

7.7.    Calibre Furniture will not collect product/s deemed, at our absolute discretion, to be damaged or faulty beyond repair. In such cases, the customer is responsible for the safe disposal of the product/s.

7.8.    All goods to be returned must be delivered to our nominated warehouse. Returns will not be accepted at the Southbank showroom.

 

8.       Warranty

8.1.    Our goods come with guarantees that cannot be excluded 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.

8.2.    When you purchase a product from the Calibre Furniture Website, you will also receive coverage from the Calibre Furniture 12-month warranty unless stated otherwise. You can also purchase the optional extended warranty.

i.             Please note that the 12-month warranty is void if product/s that are limited to the Melbourne metro area are shipped interstate, whether organised by the customer or Calibre Furniture.

8.3.    Should your product be defective, you can choose to make a claim under Australian consumer law or the Calibre Furniture warranty, whichever is applicable.

8.4.    Calibre Furniture warrants each product to be free from defects in material and workmanship for the period of the warranty.

8.5.    Under the warranty, Calibre Furniture is liable to repair or replace the product and its components entirely free of charge.

8.6.    The product warranty does not cover:

 All marble and stone products

• Normal wear and tear of the product

• Damage resulting from abnormal use or abuse

• Damage resulting from placing the product in inappropriate locations

• Damage resulting from inadequate maintenance

• Products which have been altered from their original form

• Minor chips or superficial blemishes

• Orders for commercial and/ or office use

• Insignificant variations in dimensions, colour, natural grain, or finish (as between a received product and an advertised product).

8.7.    Any customer requesting services relating to the Calibre Furniture warranty must contact support@calibrefurniture.com.au and is required to provide:

• A detailed description of the warranty service requested (whether repair or replacement)

• Proof of purchase (e.g. invoice or purchase receipt)

• Photos or videos of the product (if appropriate).

8.8.    Calibre Furniture is only liable to provide warranty services as outlined if the customer complies with Clause 8.7. Without an adequate description, proof of purchase and images, Calibre Furniture will not be able to sufficiently investigate and solve the problem.

 

9.       Liability

9.1.    We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any product/s supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

9.2.    In relation to the guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (CCA), the Customer is entitled to a replacement or a refund for major failure and compensation for any other reasonably foreseeable loss or damage. However, Calibre Furniture is not liable for loss or damage that results from its failure to comply with these guarantees if that failure was caused independent of human control and occurred after the goods left our control.

 

10.   Intellectual Property

The materials displayed on this website, including all photographs, illustrations, editorial materials, information, artwork, and names, logos and trademarks are the property of Calibre Furniture and are protected by copyright, trademark and other intellectual property laws. You agree not to reproduce, distribute, sell, publish, broadcast or circulate any such material to any third party without the prior written consent of Calibre Furniture.

 

11.   Indemnity

11.1. Calibre Furniture, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the performance or use of the Website whether in contract, at common law or in equity, or on any other basis.

11.2. You agree to indemnify and to keep indemnified Calibre Furniture and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Calibre Furniture arising out of or in connection with the your use of the Website and the use of any Calibre Furniture products outside the manufacturer's specifications.

 

12.   Privacy Policy

We acknowledge and respect the privacy of our customers’ personal information. Calibre Furniture (“we”, “our”, “us”) is committed to protecting your privacy and personal information because of our legal and ethical commitment in accordance with the National Privacy Principles in the Privacy Act 1988. Most importantly, we know that you care about how your personal information may be used and shared. Calibre Furniture will not sell, rent, share or otherwise disclose your personal information in violation of these commitments.

The purpose of the privacy policy (“Privacy Policy”) is to outline the personal information collected and retained by us and the use of such information. In this policy, the term “personal information” means information, details, or opinions about an identified individual, or an individual reasonably identifiable, in accordance with section 6 of the Privacy Act 1988.

12.1. Personal Information Collected: The types of individually identifiable personal information we collect, whether that is in person, by telephone, e-mail communication, internet or social media may include information about your:

i.             Personal details: such as your name, age, roles, and residential and/ or delivery addresses associated with your order or account.

ii.            Contact details and means of communication: such as an e-mail and telephone numbers.

iii.           Valid identification: such as a driver’s license or passport to prevent fraudulent activity and unsanctioned purchases.

iv.           Payment and transaction history: such as information of the products and services you purchase from us and the payment method, and credit/ debit card details you use for the transaction.

v.            Messages to us or between users: such as messages you send us in e-mails or written correspondences.

12.2. Collection of Personal Information: We collect personal information from you when you voluntarily submit information directly to us or via our platforms. Instances when we may collect your information, but not limited to, are when you:

i.             Purchase product(s) from our website.

ii.            Create an account on our website.

iii.           Contact us for a quote or inquiry via telephone, e-mail, in-person, and/ or Calibre Furniture’s website messaging system.

iv.           Engage with our website and social networking services, such as Facebook, Instagram, Pinterest, and Houzz.

v.            Subscribe to the Calibre Furniture mailing list.

vi.           Comment and share an opinion on our products.

vii.          Apply for a job or internship.

12.3. Storage and Security of Personal Information

i.             The personal information provided by you may be held in electronic records and hard copy, permitting lawful access only to Calibre Furniture company employees, contracted third-party service providers or government bodies and law enforcement agencies to perform and fulfil their functions.

ii.            We take reasonable steps in circumstances to protect your personal information from misuse, interference and loss; and from unauthorised access, modification or disclosure by unapproved persons.

iii.           Calibre Furniture is certified with GeoTrust Trade, assuring you that you are shopping with an accredited and trusted provider. We secure and encrypt sensitive personal information (i.e. your name, contact details, residential and delivery address, credit card numbers) with strong SSL 128-bit technology.

iv.           To know if the personal information you are entering or providing is secure, please look at the address bar in your browser. If the URL begins with http:// then you are on a secure page.

12.4. Purposes of Collecting, Holding, Using and Disclosing Personal Information

i.             We collect personal information provided by you to the necessary extent to fulfil one or more of our functions and activities within fair and reasonable means. We collect your personal information so that we can carry out the following actions (“purposes”):

ii.            To provide you with products and services that you have requested from us.

iii.           To communicate with you, including about product and services, competition results, special offers, and events which might interest you.

iv.            To answer your questions and provide you with information or advice.

v.             To create and process orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts.

vi.            To provide your personal information to third parties that assist us and perform functions on our behalf, such as delivery service couriers and warranty repairs (in and/ or out of warranty periods).

vii.           To consider and respond to comments or complaints made by you.

viii.          To comply with laws or regulations or to comply with any directions given by regulators or authorities.

ix.            To carry out administration, marketing, supplying, planning, fraud and loss prevention activities, product and service development, quality control and research to improve the way Calibre Furniture and service providers provide products and services to you.

Occasionally, you may be asked to provide valid identification to confirm the delivery address or to verify payment details when you opt to pay via credit card. This information is solely used to prevent unauthorised and fraudulent transactions and is not stored in our system for any other purpose.

12.5. Marketing and Advertising

i.             E-mail marketing: we may contact you with promotional information and/ or commercial electronic messages (“marketing e-mails”, “EDMs”) about our products and services that we think you may be interested in when you subscribe to your mailing list. If you wish to unsubscribe from receiving any of our marketing e-mails, please visit the “My Account” section to update your preferences. You may also unsubscribe from our marketing e-mails by following the prompts at the end of the e-mails we send to you.

ii.            E-mail notifications: we may send you e-mail notifications in relation to your order(s), product(s), or change(s) to the services we provide.

iii.           Advertising: we may show you advertisements or promotional posts to you on our website or social networking services, such as Facebook or Instagram, based on your browsing history and/ or behaviour. To do this, we may collect personal information about how you use our website or social networking services, such as web pages, contents and ads you interact with, visit, or view. Other information collected may include your IP location of the device you connect to our website or the e-mail you provide to us or platform. We may use the information that is collected to ensure adverts you see either on the website, social networking services or other apps (where we have advertising space) are relevant to you.

12.6. Disclosure of personal information

i.             Our logistics partners/ third-party service providers: We may occasionally employ other agencies, companies or individuals to perform functions on our behalf e.g. a third party repairer to provide warranty repair. In such cases, we may disclose personal information to enable these companies or individuals to fulfil their function

ii.            Our billing and security partners: we may share some of your personal information with our billing and security partners in order to ensure that your payment is processed smoothly

iii.           Federal or state police authorities: we may be authorised or required by law to provide your personal information to government bodies, regulators, law enforcement agencies and other parties as permitted by the Privacy Act 1988.

12.7. Access to and Correction of Personal Information

i.             Under the National Privacy Principles in the Privacy Act 1988, you are entitled to request and gain access to your personal information and ask us to provide you with the details of the personal information we hold about you.

ii.            You can update or correct your personal information anytime by accessing your account on the website or by contacting our service team at (03) 8353 2319 or at support@calibrefurniture.com.au .

iii.           If you wish for your personal information to be removed from our database and records, please contact us via e-mail or telephone and we will promptly action your request.

12.8. Third-Party Sites

From time to time, the Calibre Furniture website or social networking services may contain links to and from third party sites of advertisers, publications, retailers and affiliates. If you follow a link to any of these third party sites, please note that these sites have their own privacy policy and we do not accept any responsibility or liability for their policies. Please review the individual policies before providing and submitting your personal information.

12.9. Breach of Privacy Complaint

If you have any questions, comments or complaints regarding our practices or Privacy Policy; wish to exercise your rights under this policy; or if you are of the view that we have not adhered to this Privacy Policy, you can contact us via e-mail at support@calibrefurniture.com.au.

12.10. Cookies

Cookies are used when you visit and interact with our website. It is software that enables us to operate an efficient service and track the browsing behaviours of visitors to the website. You can modify the settings on your device and/ or browser to prevent cookie use. Please note that by disabling cookies, your user experience may be affected and you might not be able to view and take advantage of certain functions of our website.

12.11. Changes to the Privacy Policy

This Privacy Policy is an extension of the Terms and Conditions for the use of the website and forms part of the agreement between you (“the customer” or “the client”) and us (“Calibre Furniture”). Calibre Furniture reserves the right to change, update, and/ or amend the Privacy Policy in whole or part at our sole discretion. Any changes to the Privacy Policy will be published on our Website and will be used effectively immediately upon the posting of the revised policy on the Website. By continuing to use the Website following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of the Privacy Policy, as it may be updated occasionally in whole or part, we advise you to terminate your use of the Calibre Furniture Website and social networking services.


13.   General

13.1. Calibre Furniture reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of order are those that govern your relationship with Calibre Furniture with respect to that order.

13.2. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

13.3. A failure or delay by Calibre Furniture to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Calibre Furniture does not preclude its future exercise or the exercise of any power or right.

13.4  The goods are not manufactured by, affiliated with, or associated with the original designers, manufacturers or distributors of our classic replica products, including Herman Miller, Charles or Ray Eames, Ron Arad, Kartell, Euro Aamio, Phillipe Stark and Vemeer Panton.

13.5. The laws of Victoria, Australia, govern this agreement.

Based in Melbourne


© 2019 Calibre Furniture ABN: 98 145 309 324

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