1 a) These Terms and Conditions apply to you, the Website (mcphails.com.au) user and your usage of the Website (owned by JJ and CJB McPhail Pty Ltd) and associated software, networks and processes, including the purchase of goods or services through the Website.
1 b) By browsing the Website, or placing an Order, you agree to these Terms and Conditions outlined below.
2 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.mcphails.com.au and operated by McPhail's Furniture.
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.
3 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. McPhail's Furniture will not be responsible for the content or privacy practices associated with linked web sites.
3 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. McPhail's Furniture takes no responsibility for any such damage which may arise in connection with your use of the Website.
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.
4 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.
4 d) You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4 e) Free shipping offers are given at the sole discretion of McPhail's Furniture and may incur additional charges for delivery to remote areas as defined by McPhail's Furniture.
4 f) McPhail's Furniture reserves the right to refuse a sale.
5 Product Specifications
5 a) Features and specifications of Products described or depicted on the Website are subject to change without notice.
5 b) All weights and dimensions mentioned on Products are approximate. Dimensions are based on individual fully assembled unpackaged Products.
6 a) You may place an Order by filling in the Order Form on the McPhail's Furniture 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 McPhail's Furniture at the time McPhail's Furniture sends an Order confirmation to your nominated e-mail address.
6 c) McPhail's Furniture 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) McPhail's Furniture reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6 f) McPhail's Furniture, 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) McPhail's Furniture reserves the right to charge a cancellation fee of $40 for Orders cancelled by the customer within 48 hours of those Orders' scheduled delivery date. This fee covers costs associated with extra handling and re-warehousing of the already picked and loaded product/s.
6 h) 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 i) McPhail's Furniture reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6 j) McPhail's Furniture accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7 a) McPhail's Furniture currently accepts Visa/Mastercard and Swipe 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.
7 c) If your nominated payment method triggers McPhail's Furniture internal suspect transaction protocols, McPhail's Furniture may contact you to confirm additional details, or rescind the transaction.
8 Delivery and ownership of the goods
8 a) McPhail's Furniture 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. McPhail's Furniture does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8 b) The date of dispatch will be emailed to the Customer’s email address nominated in their Order and is reasonably estimated by McPhail's Furniture 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.
8 c) McPhail's Furniture will not dispatch Goods to PO box addresses.
8 d) Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8 e) Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
8 f) McPhail's Furniture is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with McPhail's Furniture in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by McPhail's Furniture is done so in good faith and will not guarantee the accuracy of such information.
9 Conditions of Delivery:
9 a) McPhail's Furniture delivers to the front of your home. Should you require your furniture to be placed inside your home at your request, our delivery drivers will do so whilst exercising all due care, however, McPhail's Furniture accepts no responsibility for damages incurred to the delivery destination premises or the furniture whereby difficult access may have led to damage being incurred. This includes damage to furniture and /or its contents.
10 Faulty or damaged goods
10 a) McPhail's Furniture will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and the applicable McPhail's Furniture 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 McPhail's Furniture of that fault within the first 7 days after delivery, then McPhail's Furniture will:
i) Replace or Repair the faulty Good at McPhail's Furniture's discretion; or
ii) If McPhail's Furniture is unable to provide a new replacement, McPhail's Furniture 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 McPhail's Furniture Standard Warranty.
10 c) Where Goods are already damaged on delivery, McPhail's Furniture requires photographic evidence of the damage to be e-mailed to email@example.com before authorizing return of the Goods.
10 d) McPhail's Furniture reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 10.
10 e) McPhail's Furniture may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.
11 Refunds and returns
11 a) Other than in accordance with Clause 10, McPhail's Furniture 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 firstname.lastname@example.org.
11 c) The customer must comply with directions from McPhail's Furniture staff to facilitate a return.
11 d) It is the customer’s responsibility to ensure that returned items are returned safely. McPhail's Furniture takes no responsibility for items lost in transit.
12 a) Each Product sold on the Website is covered by the 12 month Standard Warranty (The warranty details can be viewed here).
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) McPhail's Furniture 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 McPhail's Furniture 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 McPhail's Furniture 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 McPhail's Furniture. Unless expressly authorized under this Agreement or otherwise, you may not reproduce or distribute any Material or any part of any Material.
14 a) You waive, release, discharge and relinquish any and all claims that you have now or may have against McPhail's Furniture which are connected with, arise out of, relate to or are incidental to the use of the Website.
15 a) To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of McPhail's Furniture (in negligence or otherwise) is limited (at the option of McPhail's Furniture) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that McPhail's Furniture 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 McPhail's Furniture (in negligence or otherwise) is limited (at the option of McPhail's Furniture) to these Terms and Conditions and those listed in related McPhail's Furniture warranties.
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) McPhail's Furniture 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.
McPhail's Furniture 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 email@example.com. A $30.00 administration fee will be charged for the retrieval of any personal information.
17 a) McPhail's Furniture reserves the right to make changes to the McPhail's Furniture 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 McPhail's Furniture 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 McPhail's Furniture does not preclude its future ability to exercise that or any other power or right.