C&R HOME IDEAS TERMS AND CONDITIONS OF SALE & TRADE  PARTS 1 Standard & PARTS 2 Online Purchases

 

1. Definitions

ACL means Australian Consumer Law

Agreement means these Terms and Conditions of Sale and Trade.

Company/Seller means C&R HOME IDEAS ABN 81 203 274 656, its successors and assignees or any person acting on behalf of and with the authority of C&R HOME IDEAS ABN 81 203 274 656.

Customer/Client means the person/s engaging the services as specified in any Agreement, Invoice, Purchase Order or Quotation, and if there is more than one

Customer is a reference to each Customer jointly and severally. This includes the executors, administrators, successors and permitted assignees of that person or company;

Goods means all Goods or Services supplied by the Company to the Customer at the Customer’s request from time to time in accordance with this Agreement (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other);

Installation means the installation of the Goods at the delivery site requested by the Client;

Price means the Price payable for the Goods as agreed between the Seller and the Client in accordance with clause 5 below.

Purchase Order means any order or request made by the Client for the supply by the Seller of Goods and/or services in any form and includes an oral request for the supply of goods, or an invoice, proposal or quote provided by the Seller at the Client’s request;

Service means all services supplied by the Seller to the client in relation to the goods.

 

2.         Sole Terms

 

2.1        These terms of sale apply to all transactions between any person or entity (“the customer”) proposing     or enquiring to engage the                               services from C&R Home Ideas. ABN 81 203 274 656 (“the company”) or purchasing or ordering any goods from the company and                                       including all quotations, offers, orders and sales.

2.2       These terms will only be waived or varied in writing signed by the company. These terms contain all the warranties and conditions                                  given by the company in connection with goods and services supplied by the company and to the extent that the company may                                      exclude any warranties or conditions which might otherwise be implied by any competent legislation then the company excludes from                          application all such implied warranties and conditions.

2.3       These Terms and Conditions, any Purchase Order will be read and interpreted as a single Agreement but if there is any conflict or                                     inconsistency between these Terms and Conditions and/or any Purchase Order, the various parts of the Agreement will be interpreted                           and applied in the following order:

                         (a) firstly, these Terms and Conditions of Trade;

                         (b) secondly, the relevant Purchase Order.

 

3.         Acceptance

 

3.1       Any instructions received by the Seller from the Customer by way of Online Order or Email correspondence for the supply of Goods                               and/or the Customer’s acceptance of Services and/or Goods supplied by the Seller shall constitute acceptance of the terms and                                   conditions contained herein.

3.2       Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of                        the agreed price.

3.3       Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded                           in accordance with these terms and conditions or with the written consent of the manager of the Seller.

3.4        All literature, specifications, dimensions and weights submitted with this quotation are approximate only and the data and descriptions                         contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with                                   products and services the Seller supplies, and the Seller reserves the right to supply products that have minor modifications in                                       specifications as the Seller sees fit.

3.5       The descriptions, illustrations and performances contained online or in catalogues, other advertising material and price lists do not                                form part of the contract of sale of the products.

3.6       By completing payment to the Seller it is acknowledged of you the customer have read, understood and agreed to all the terms and                              conditions of this Agreement.

 

 

 

4.         Payment Terms

 

4.1       Unless otherwise specified in writing, all products purchased Online are strictly to be paid at time of order and prior to commencement                          of manufacture. Items requiring measure and installation require a 50% deposit to confirm the customer order with the balance to be                               finalised at time of completion of installation.

4.2       Unless otherwise stated all prices quoted by the company are inclusive of GST.

4.3       In any event the Customer will pay the full price of each order to the company. In the event that full payment is not made the company                        may without demand retake possession of the goods and may without notice sell the goods on such terms and in such manner as it                              may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession and without limiting the                            generality of the foregoing the customer hereby irrevocably authorises and licenses the company and its servants and agents to enter                        upon any premises where any goods may be stored and to take possession of the goods.

4.4       Payment of the company’s invoice is to be made by Credit/Debit cards (MasterCard/Visa), a surcharge of 1.50 per cent is applied for                                such transactions, Bank Cheque, EFTPOS, electronic transfer to the bank account.

 

5.         Delivery times and Installation

5.1       C&R Home Ideas will at all times endeavour to deliver and/or install the products ordered for specified dates but cannot and will not                                be held responsible for material shortages supplied by others and/or delays for deliveries of materials. Failure to meet installation                                  deadlines cannot be constituted as a breach of the agreement and will not enable the cancellation of this order by the customer.

5.2       Installation times made known to the customer are estimates only. The company is not to be held in any way liable for any loss,                                      damage or delay or liquidated damages or any setoff occasioned to the customer arising from late or non-delivery or late installation of                        the goods.

5.3       The Seller will make reasonable attempts to complete the Order / Installation by the date specified to the Customer.

5.4       The Customer will provide the Seller with all reasonable assistance and access to facilities to enable the Seller to comply with its                        obligations under this clause.

5.5       The Seller shall not be liable for any defects or any matters discovered while installing the Goods.

 

6.         Retention of Title and Irrevocable Authority to enter and repossess goods upon non-payment event

6.1       Notwithstanding delivery of the goods and materials, Title of the goods only passes to the customer upon receipt in full to the                                          company of the full purchase price for the goods.

6.2       Notwithstanding that title remains with the company until payment in full is received, the risk in the goods passes to the customer only                         upon delivery.

6.3       Until title of the goods passes to the customer:

            a)         The customer will hold the goods solely as bailee for the company and the customer will store the goods separately from its                                            own goods and those of other persons and in such a manner as will clearly identify the product as the property of the contractor;

            b)         In the event that the customer fails to pay for the goods within the normal terms of trade of the company then the company                                               may repossess the goods and the customer hereby irrevocably authorises and licenses the company to enter its premises or                                         any other premises where the goods are stored at any time without notice and without liability for trespass or any resulting                                               damage in order to inspect and/or remove and repossess the goods;

            c)         The customer hereby agrees not to cut, alter, affix or install the goods until title has passed to the customer; and

            d)         The company retains its rights as unpaid company in respect of the goods.

 

7.         Limitation on Warranty

 

7.1       The Company warrants that the goods specified herein installed with the goods are free from fault or failure for a period of 24 calendar                           months from date of installation, EXCEPT WHEN such fault of failure is due to or contributed to by fire, tempest, acts of God or any                                     intentional reckless or negligent acts or omissions on the part of the purchaser or of any person using or interfering with the said goods                       or equipment in any manner whatsoever and whether with or without the consent of the Customer.

7.2       C&R Home Ideas warrants to the owner our products that they are free from defects in workmanship and material under conditions of                             normal residential use for a period of 2 years from the date of installation. Not included in this warranty are accessory items fitted to                             the product. These items; such as locks, handles, hinges, door closers etc. are independently covered by warranties supplied by the                             relevant manufacturer or supplier.

7.3       Pursuant to this warranty, the Company agrees to replace or repair for the said period of 24 calendar months from the date of                                            installation all or any parts of the specified goods or associated equipment which may be found to be defective through fault or failure                          as defined in the preceding paragraph provided that it shall be at the absolute discretion of the company as to whether all or any of the                        parts should be replaced or whether they should be repaired such parts shall be provided free of costs for the said period of 24                                      calendar months but, in relation to work done by the company in replacing or repairing all or any parts, such works shall be provided                              free or service charges for a period of only 3 calendar months from the date of installation.

7.4       Subject to the provisions of Clause 8 above, no conditions or warranty otherwise than as expressly stated in these Terms shall be                                    included in the contract between the Company and the purchaser AND any such express condition or warranty shall be void and                                    unenforceable in the event of:

           (a) the purchaser not making payment in full within the stipulated time, as specified in Clause 4 above;

           (b) any alteration whatsoever to the form, content or appearance of the specified goods installed, otherwise than with the consent of                             the company in writing.

7.5       All statutory warranties, which can be lawfully excluded, are expressly excluded.

 

8.         Limitation of Liability

 

8.1       The Customer indemnifies and keeps indemnified the Contractor, its servants and agents in respect of any claim or demand made or                               action commenced by any person (including, but not limited to, the Customer) against the Company or, for which the Company is                                      liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of                              these terms of trade.

8.2       This includes, but is not limited to, any legal costs incurred by the Company in relation to meeting any claim or demand or any                                         party/party legal costs for which the Company is liable in connection with any such claim or demand.

8.3       This provision remains in force after the termination of these Terms and Conditions of Trade.

 

9.         Jurisdiction

9.1       These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by                                      either  party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to                                  submit to the jurisdiction of those Courts.

9.2       If any provision in these terms and conditions is invalid under any law the provision will be

            limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If                                  necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force                              and effect.

 

 

 

 

C&R Home Ideas Terms & Conditions  PART 2  ONLINE SALES

1. Definitions

          ACL means Australian Consumer Law

          Agreement means these Terms and Conditions of Online Sale.

          Company/Seller means C&R HOME IDEAS ABN 81 203 274 656, Online at wwwcrhomeideas.com, its successors and assignees or any person              acting on behalf of and with the authority of C&R HOME IDEAS ABN 81 203 274 656.

          Customer/Client means the person/s engaging the services as specified in any Agreement, Invoice, Purchase Order or Quotation, and if                       there is more than one

             Customer is a reference to each Customer jointly and severally. This includes the executors, administrators, successors and permitted                         assignees of that person or company;

          Goods means all Goods or Services supplied by the Company via Online Shop at www.crhomeideas.com to the Customer at the Customer’s                request from time to time in accordance with this Agreement (where the context so permits the terms ‘Goods’ or ‘Services’ shall be                                    interchangeable for the other);

          Installation means the installation of the Goods at the delivery site requested by the Client;

             Price means the Price payable for the Goods as agreed between the Seller and the Client in accordance with clause 5 below.

          Purchase Order means any order or request made by the Client for the supply by the Seller of Goods and/or services in any form and                         includes an oral request for the supply of goods, or an invoice, proposal or quote provided by the Seller at the Client’s request;

          Service means all services supplied by the Seller to the client in relation to the goods.

             DIY means Do It Yourself whereby C&R Home Ideas provides manufacture and freight of the product, the customer provides dimensions and                 installation.

2.         Online orders via crhomeideas.com

2.1         C&R Home Ideas services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website,                              you acknowledge that you are over 18 years of age.

2.2        Pricing on our website are in Australian Dollars (AUD) and are inclusive of GST.  

2.3        C&R Home Ideas reserves the right to amend our prices at any time.  Whereby an order has been placed, C&R Home Ideas reserve the                            right to cancel any order should our prices change or an error is discovered in the listed pricing.

3.         Confirmation of Online Order

3.0       C&R Home Ideas shall notify the customer for confirmation of order, within 24 hours of standard business hours being Monday to                                       Friday 0800 to 1700, excepting pubic holidays.

             Notification shall me forthcoming via any of the following methods:

              a) Email

              b)Telephone / Mobile Phone

              c) Mobile Phone SMS

3.1        Production of purchased items shall commence within 24 hours of customer confirmation, excepting Saturday, Sundays and public holidays                 in which case it will be the day after the later of these occur.

3.2        If for any reason beyond our reasonable control, the seller are unable to supply a particular item, we will notify the customer within 24 hours. No        discounts or compensation can be offered under these unforeseen circumstances.

3.3        These terms and conditions are prevalent to Australia only.

4          Cancellations of custom-made products

 

4.1         Whereby purchased products are custom-made, the manufacturing process will begin after a 24 hours period as set out in section 3.1                            above. Upon commencement of manufacture, cancellations cannot be accepted and refunds will not be provided.

 

4.2       Security & Screen doors are custom made to suit the customers dimensions. Therefore materials cannot be utilised for other orders.

 

5.         Cancellation by C&R Home Ideas
 
5.1       C&R Home Ideas reserve the right to cancel the customers order if:
(a)       We have insufficient stock to deliver the product the customer has ordered.
(b)       The customer requires delivery outside of Australia.
(c)       Whereby goods have inadvertently been listed at the incorrect price due to
            typographical error or an error in the pricing information made by C&R Home Ideas and/or received by C&R Home Ideas from                                              suppliers.
(e)       Should C&R Home Ideas be required to cancel the customer’s order C&R Home Ideas will notify the customer by email and will refund                              any payments received by C&R Home Ideas to the customers nominated account within 7 days of notification.

 

6.         Refunding the customer

 

6.1       Whereby a cancellation of the order is required within the 24-hour period of placing the order, monies will be credited to your                                            nominated Bank Account or Credit Card within 7 days of notification.

6.2       C&R Home Ideas shall not be held responsible for any interbank transfer delays.

7.          DIY Dimensions

7.1        DIY Security and Screen Doors, Side Panels and Window Grilles are manufactured according to the dimensions provided by the                                        customer. It remains the responsibility of the customer to provide precise correct dimensions.

7.2       C&R Home Ideas can be contacted for assistance Monday to Friday between the hours of 8:00am to 5:00pm

7.3       Documented instruction assisting the customer can be accessed on the C&R Home Ideas website at                                                                                          www.crhomeideas.com/documents  

        .

8.         Delivery of Purchase

8.1        C&R Home Ideas will deliver the customers purchased product to the address nominated by the customer.

8.2       C&R Home Ideas will despatch the product upon completion of manufacture. C&R Home Ideas will advise the customer via email and               /               or Mobile Phone SMS the tracking advice provide by the delivery company.

8.3       Deliveries are Monday to Friday between 8am to 5pm.

8.4       C&R Home Ideas use third party, professional Freight companies to deliver the customers purchased product and cannot be held                                     responsible for any delays that may occur once the goods have left our premises.

8.5       C&R Home Ideas will endeavour to meet the delivery date specified on the customer’s order confirmation.

 

9.         Invalidity

9.1       Whereby any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the              enforceability of any other part of these conditions will not be affected.

10.       Privacy

10.1      C&R Home Ideas do not sell, trade or rent the customers personal information to others.

10.2      However, C&R Home Ideas do use other companies delivering packages, sending mail, email and processing payments. These third-                               party organisations will have access to the customers personal information needed to perform these services.

10.3      C&R Home Ideas will at no time authorise or divulge the use of our Customer personal information.

11.       Consumer Guarantee

12.1      C&R Home Ideas have a duty to provide the customer with the product ordered.

            Should any part be missing or incomplete, C&R Home Ideas will replace it as quickly as possible in accordance with the Consumer                                  Guarantee.

12.2      A refund to the customer shall only be provided to the customer whereby C&R Home Ideas are unable to replace or repair the item.

 

13.       Jurisdiction

13.1      These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by                                    either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to                                  submit to the jurisdiction of those Courts.

13.2     If any provision in these terms and conditions is invalid under any law the provision will be

            limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If                                 necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force                             and effect.