Terms & Conditions
Terms & Conditions
1
Agreement
1
a) These Terms and Conditions apply to you, the Website user and your usage
of the Website (owned BEKI PTY LTD) and associated software, networks and
processes, including the purchase of goods or services through the Website.
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b) By browsing the Website, or placing an Order, you agree to these Terms
and Conditions outlined below.
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Terms and Conditions Interpretation
2 a) In
these Terms and Conditions:
“Agreement” means these terms and
conditions, including all the terms of any order placed by you the User through
the Website (if applicable).
“Customer” means the person or legal
entity identified in the Website invoice or sales document.
“Delivery Cost” means the costs associated
with delivery as specified in an Order.
“Goods” means the Products listed
in an Order.
“Intellectual Property” means all rights in
patent, copyright, trade names, trademarks, logos, designs, images (including
still images, and audio and audio-visual media).
“Material” means any information
(including but not limited to data, source codes, and drawings) or images in
any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold
in anticipation of being in stock on or near to the dispatch date stated in the
Product listing on the Website.
“Products” means any items listed on
the Website (for sale or otherwise).
“Website” means the internet site
located at the URL www.vikingtables.com.au and operated by Viking
Tables.
2 b) Any reference
in this Agreement to the singular includes the plural, to any gender includes
all genders, to any act or statute includes any Act or statute which
supersedes, replaces or modifies any earlier Act or statute, to persons
includes all bodies and associations both corporate and incorporated and vice
versa. Paragraph headings are for reference purposes only and all references to
clauses are to clauses in this Agreement unless otherwise specified.
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Site Use
3
a) The Website may contain links to other web sites. Those links are
provided for convenience only and may not remain current or be maintained. Viking
Tables will not be responsible for the content or privacy practices associated
with linked web sites.
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b) You must ensure that your access to, or use of the Website is not
illegal or prohibited by laws which apply to you.
3 c) You must take your own
precautions to ensure that your process for accessing the Website does not
expose you to risk of viruses, malicious computer code or other forms of
interference which may damage your computer system. Viking Tables takes no
responsibility for any such damage which may arise in connection with your use
of the Website.
4 Pricing
4 a) All prices listed on the Website
are in Australian Dollars
4 b) All prices listed on the Website
include all applicable taxes unless otherwise specified.
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c) All prices displayed on the Website are subject to change without
notice. Prices for items in an Order are fixed once your Order has been
confirmed. Subsequent price changes either up or down will not be retroactively
applied to Orders confirmed before the price change occurred.
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d) You agree to pay delivery charges as they are calculated and listed in
the Order confirmation at the time of purchase.
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e) Free shipping offers are given at the sole discretion of Viking Tables
and may incur additional charges for delivery to remote areas as defined by Viking
Tables.
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f) Viking Tables reserves the right to refuse a sale.
5 Product Specifications
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a) Features and specifications of Products described or depicted on the
Website are subject to change without notice.
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b) All weights and dimensions mentioned on Products are approximate.
Dimensions are based on individual fully assembled unpackaged Products.
6
Orders
6 a) You may place an Order by
filling in the Order Form on the Viking Tables Website and clicking the
"confirm" button. When you place your Order, we will issue you with
an Order Number. We will do this by email. By placing an Order, you make an
offer to us to purchase the Products you have selected based on these Terms and
Conditions
6 b) Orders will be deemed to
have been received by Viking Tables at the time Viking Tables sends an Order
confirmation to your nominated e-mail address.
6 c) Viking Tables is an online
business and will primarily communicate with customers via e-mail. It is the
customer’s responsibility to ensure the correct contact details are entered and
that the nominated e-mail address is regularly checked for correspondence.
6 d) Each Order (once
confirmed) represents a separate agreement.
6 e) Viking Tables reserves the
right to not accept or to cancel Orders that request commercial quantities of
Goods.
6 f) Viking Tables, at
its sole discretion, may cancel your Order at any time prior to dispatch of the
Goods, including Products that are sold on Pre-sale.
6 g) In the event of a
cancelled Order, owing funds paid in relation to that Order will be refunded in
full as soon as is reasonably practicable. You will be provided with e-mail
acknowledgement of the cancellation and refund.
6 h) Viking Tables accepts no
responsibility for Orders that are declined or not accepted due to disruptions
with internet connections.
6 i)
Order Cancellations - In line with 'in-store' and 'over the phone' Cancellation
policy - a request to cancel an order will incur a fee to the customer of 100%
of the total purchased amount.
7
Payment
7 a) Viking Tables currently
accepts Visa/Mastercard and PayPal transactions for payment.
7 b) Payment for Orders will be
processed immediately upon confirmation of your Order, including for Products
that are listed as on Pre-sale.
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c) If your nominated payment method triggers Viking Tables internal suspect
transaction protocols, Viking Tables may contact you to confirm additional
details, or rescind the transaction.
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Delivery and ownership of the goods
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a) Viking Tables tries to ensure that all goods are delivered in a prompt
and timely manner. However, from time to time it is possible that shipping and
other factors outside our control may result in delays. Viking Tables does not
accept any liability for loss or damage suffered by anyone as a result of any
such delays.
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b) The date of dispatch will be emailed to the Customer’s email address
nominated in their Order and is reasonably estimated by Viking Tables and is
subject to change with notice given. Where scheduled dispatch of a Product is
delayed, customers will be notified by e-mail at the e-mail address nominated
in their Order.
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c) Viking Tables will not dispatch Goods to PO box addresses.
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d) Title and risk in the Goods pass to the customer on signing for delivery
of the Goods.
8 e) Viking
Tables reserves the right to charge a delivery cancellation fee, if imposed by
couriers, for Deliveries cancelled by the customer within 48 hours of the
scheduled delivery date. This fee covers costs associated with extra handling
and re-warehousing of the already picked and loaded product/s.
8 f) Where a customer gives
written authority for an item to be delivered without a signature, any and all
included insurance cover will be voided.
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g) Viking Tables is not responsible for the delivery times of Goods. Once
Goods have been dispatched, it is the customer's responsibility to liaise with Viking
Tables in relation to date of delivery and to make themselves available to take
delivery during business hours. Any information provided by Viking Tables is
done so in good faith and will not guarantee the accuracy of such information.
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Conditions of Delivery or Store Pickup (Click & Collect):
9 a) The cost of Delivery is
to the front door of your home. Should you require your furniture to be placed
inside on the ground floor, at the discretion of our delivery drivers, they may
do so whilst exercising all due care. DELIVERY DOES NOT INCLUDE ASSEMBLY OR
REMOVAL OF PACKAGING. We accept no responsibility for damages incurred to the
customer's premises whereby difficult access may have led to damage being
incurred. Drivers will not be responsible to bring goods inside a residence if
they deem there to be improper/restricted access. It is your responsibility to
check measurements to ensure your goods will fit in intended areas. We are not
responsible for goods that have not been measured and subsequently do not fit
where intended. No exact delivery time can be provided. Should details change
prior to delivery it is up to you to advise us. In the event that nobody is
home to receive your delivery, or a delivery is cancelled on the day of
delivery, you will be subject to pay the delivery change or cancellation fee
imposed by the freight/courier company unless an 'authority to leave' the goods
in an undercover location is given. Our sub contracted couriers require your
room/s to be ready and clear with sufficient access on delivery of your
furniture. It is your responsibility to forewarn us of any challenges such as
narrow stairs, steep driveways, elevators and partly built homes. Notice to
cancel or reschedule a delivery must be received outside of 48 hours before the
delivery date otherwise a delivery fee will be charged.
9 b) Store Pickups (Click & Collect): Customers electing to pick up their goods must do so within 7 days of notification unless stated differently on email notification. Storage fees of $50 per week will apply after this time. Be sure of having an adequate transport vehicle. Viking Tables is not responsible for any damage that may subsequently occur as a result of incorrect transportation. Once the goods have been collected from the Store, Viking Tables accepts no responsibility for damaged goods.
10 Faulty or damaged goods
10 a) Viking Tables will repair or
replace damaged or faulty Goods in accordance with these Terms and Conditions
and the applicable Viking Tables Standard Warranty.
10 b) Where a Good is faulty within
the first 7 days after delivery or is already damaged on delivery, and the
customer notifies Viking Tables of that fault within the first 7 days after
delivery, Viking Tables will:
I) Replace or Repair the faulty
Good at Viking Tables discretion; or
II) If Viking Tables is unable to
provide a new replacement, Viking Tables has the option to offer a full or
partial refund dependent on the amount of damage to the product.
III) Where a new replacement isn’t
available, and the customer elects to receive a refund, the refund will be for
the amount of the purchase price and the Delivery Cost.
IV) The 7 Day period will commence
on the date that the customer accepts delivery of their product.
Outside of this 7 Day period,
faults will be dealt with in accordance with the terms and conditions of the
applicable Viking Tables Warranty.
10 c) Where Goods are
already damaged on delivery, Viking Tables requires photographic evidence of
the damage to be e-mailed to contacts@vikingtables.com.au before authorizing return of the Goods.
10 d) Viking Tables reserves sole
discretion to determine whether the Goods are faulty or damaged in accordance
with this clause 10.
11
Refunds and returns
11 a) Other than in accordance with
Clause 10, Viking Tables does not provide refunds for when a Customer makes a
wrong purchase decision or when the Customer has a change of mind.
11 b) In order to
facilitate a return under these Terms and Conditions, e-mail contact@vikingtables.com.au.
11 c) The customer must
comply with directions from Viking Tables staff to facilitate a return.
11 d) It is the
customer’s responsibility to ensure that returned items are returned safely. Viking
Tables takes no responsibility for items lost in transit.
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Warranties
12 a) Each Product sold on the Website
is covered by the 12 month Standard Warranty
12 b) To the extent permitted by law,
the warranties referred to in clause 11 are in substitution for all other
terms, conditions and warranties, whether implied by statute or otherwise
(including implied warranties with respect to merchantability and fitness for
purpose) and all such terms, conditions and warranties are expressly excluded.
12 c) Viking Tables
reserves the right to refuse to supply spare parts where limited stock is
available.
12 d) Certain legislation
may imply warranties or conditions or impose obligations upon Viking Tables which
cannot be excluded, except to a limited extent. These Terms and Conditions must
be read subject to those statutory provisions. If those statutory provisions
apply, to the extent to which Viking Tables is able to do so, its liability
will be limited, at its option to the replacement of the Goods or resupply of
equivalent Goods; repair of the Goods; payment of the cost of replacing the
Goods or acquiring equivalent Goods; or the payment of the cost of having the
Goods repaired.
12 e) Our goods come with guarantees
that cannot be excluded under the 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 goods fail to be of acceptable quality.
13
Intellectual Property
13 a) All Intellectual
Property in any Material on the Website is the property of Viking Tables.
Unless expressly authorized under this Agreement or otherwise, you may not
reproduce or distribute any Material or any part of any Material.
14
Indemnity
14 a) You waive, release, discharge
and relinquish any and all claims that you have now or may have against Viking
Tables which are connected with, arise out of, relate to or are incidental to
the use of the Website.
15
Liability
15 a) To the extent permitted by law,
all conditions or warranties expressed or implied by law are excluded and the
liability of Viking Tables (in negligence or otherwise) is limited (at the
option of Viking Tables) to the resupply of Goods, or the cost of having the
Goods supplied again. You agree that Viking Tables shall not be held liable for
any indirect or consequential loss.
15 b) To the extent permitted by law,
all conditions or warranties expressed or implied by law are excluded and the
liability of Viking Tables (in negligence or otherwise) is limited (at the
option of Viking Tables) to these Terms and Conditions and those listed in
related Viking Tables.
16 Privacy
16 a) We gather personal information about our customers for the purposes of:
· marketing, supplying or
delivering our products to you;
· carrying out repair work (both
in and out of warranty repairs);
· improving and developing our
products; and
· expanding our business.
16 b) Viking Tables is
committed to protecting your privacy and personal information because of our
legal and ethical commitment to comply with relevant law and more importantly,
because we know that you care how information about you may be used and shared.
Viking Tables will not sell,
rent, share, or otherwise disclose personally identifiable information in
violation of the commitments set forth in this clause 16.
16 c) In the process of
dealing with our customers, we may collect and hold the following types of
information:
· Information about persons who
are customers or target customers as given to us by those persons, or
information obtained from public domain sources such as magazines and
newspapers.
· Information about roles, means
of communication with, and personal attributes of officers, employees and other
representatives of corporations with whom we deal, collected incidentally in
the course of dealing with those corporations.
16 d) The aforementioned
information may be held in electronic records in data storage systems and hard
copy which permit lawful access only by those company officers, employees and
contractors who need access to perform their functions.
16 e) We may, from
time-to-time, employ other companies and individuals to perform functions on
our behalf. For example we may retain a third party repairer to provide
warranty repair. In these circumstances we may disclose personal information to
such companies and individuals to enable them to deliver services on our
behalf.
16 f) You are able
to request access to your personal information, in accordance with the National
Privacy Principles in the Privacy Act 1988. If you wish to access your personal
information please contact us at by e-mail at contact@vikingtables.com.au.
17
General
17 a) Viking Tables
reserves the right to make changes to the Viking Tables Website and Order Terms
and Conditions without notice.
17 b) Any provision of
this Agreement which is void or unenforceable may be severed from this
Agreement without affecting the enforceability of other provisions.
17 c) A failure or delay by Viking
Tables to exercise a power or right under this Agreement does not operate as a
waiver of that power or right, and the exercise of a power or right by Viking
Tables does not preclude its future ability to exercise that or any other power
or right.