Terms & Conditions of Sale
As a valued customer of James Stewart Furniture, we would like for you to be familiar with our trading terms to ensure your experience is a satisfying one. Please feel free to speak with one of our team if you have further questions.
1. James Stewart Furniture
(1) Your purchase of goods from James Stewart Furniture, its affiliated parties, agents, approved specifiers or retailers is subject to these Terms and Conditions. If you do not accept these Terms, you must refrain from purchasing a James Stewart product.
(2) Herein the affiliated parties, agents, approved specifiers and retailers of James Stewart furniture shall be referred to as “its parties”.
(3) Australian Provincial Retail PTY LTD (ABN 97 214 641 345) trading as “James Stewart Furniture”, “us”, “our”, we, James Stewart, carries on the business name from the website or via its parties.
(4) The goods described in this website are only available from James Stewart Furniture and its parties.
(5) You and James Stewart Furniture may enter into a sale contract for the sale and supply of products and services described in this website or via its parties, by you making an offer to James Stewart Furniture via the website or its parties, to purchase the goods and services at the specified price subject to these terms.
(6) The James Stewart Furniture logo and words are registered trademarks of James Stewart Furniture and used under a limited license by James Stewart Furniture.
(7) In these terms:
(a)” you”, “‘user"," member” and “guest” means anyone who visits and/or uses the website, or conducts business with James Stewart Furniture and its parties.
(b) Reference to a “third party” in these terms includes a reference to any agent or contractor of James Stewart Furniture or any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in fulfilment of orders made through the website or via James Stewart James Stewart Furniture and its parties, and includes any of them.
(c) A reference to the “website” means www.jamesstewartfurniture.com.au.
(d) “Order” means an offer made by you in response to an invitation to treat James Stewart Furniture via the website or its parties.
2. User Agreement
(1) By accessing and or using the website or engaging the services of James Stewart Furniture via its parties you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website or to James Stewart Furniture via its parties may be terminated at any time without notice. Your continued use of the website or engagement of its parties following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of amendments from us or our third party.
3. General information
(1) Product images are for illustrative purposes only and may vary from products depicted or described.
(2) Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor.
4. Website Content
(1) James Stewart Furniture may at any time, add or remove content from this website without notice.
(2) Any articles, information or content published on this website must be read subject to these Terms and Conditions.
(3) Although James Stewart Furniture uses its best endeavours to confirm the accuracy of any information, photographs and product render published on this website. You agree that James Stewart Furniture cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to James Stewart Furniture by its suppliers.
(4) The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should omit any error or omission in any information, material or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
(5) Neither James Stewart Furniture nor any third party will be liable for any errors in content, or for any actions you take in relying on them. Neither you nor any other person may hold James Stewart Furniture responsible for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
5. Advice and Technical information
(1) Any advice, recommendation, information, technical information, specification, drawing, descriptions, illustration, dimensions, assistance or service provided by James Stewart Furniture or its parties in relation to any products or product is given in good faith and is believed by James Stewart Furniture and its parties to be appropriate and reliable at any time it was given. However, any such advice, recommendation, illustration, dimensions, assistance or service provided by James Stewart Furniture or its parties in relation to any products supplied by James Stewart Furniture is approximate only.
6. Intellectual Property Rights
(1) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings, and all software relating to this website are owned by James Stewart Furniture.
(2) The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website as of Dec 2019 are owned by Australian Provincial Retail PTY LTD. ABN 97 214 641 345
(3) You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.
(4) Many James Stewart Furniture products are the subject of the registered design and/or patent protection. You may not without written permission from James Stewart Furniture or any relevant rights holder, use the design or any substantially similar to it. James Stewart Furniture takes the protection of its intellectual property rights in relation to those products.
(5) Some of James Stewart Furniture products may be covered by copyright protection as artistic works and works of artistic craftsmanship. You may not without written permission from James Stewart Furniture or any relevant rights holder, use the Copyright in any of those works or any work substantially similar to it. James Stewart Furniture takes the protection of its intellectual property rights seriously and expressly reserves its rights in relation to those works.
(6) The getup and trade address of the James Stewart Furniture website is owned by James Stewart Furniture. You may not without written permission from James Stewart Furniture use of the trade dress or getup to represent that any product is from James Stewart Furniture.
(7) Some of the signs on the website are registered and unregistered trademarks. You may not without written permission from James Stewart Furniture use any of the trademarks, registered or unregistered, without written permission from James Stewart Furniture.
7. Orders
(1) Please choose carefully as refunds will not be provided where you have simply changed your mind, made a wrong selection or if the items do not fit. We recommend you carefully preview any proposed Orders before proceeding.
(2) In the case of custom orders, once an Order has been accepted and at least a deposit paid, no cancellation of that Order is valid after 72 hrs of deposit payment.
(3) Your Order must be paid for in full before we can begin the arrangements for the collection or delivery of the products to you.
(4) Representations of products for sale made by James Stewart Furniture via the website or its parties do not constitute an offer to sell but an invitation to treat.
(5)You and James Stewart Furniture or its parties may enter into a contract for the sale and supply of products by you making an offer via the website, by telephone, via email or via its parties to purchase a product at the price advertised on the website or an approved price presented to you by the parties by:
(a) placing an order with James Stewart or its parties
(b) you confirming the Order details in accordance with the procedure of James Stewart or its parties;
(c) you making payment in full (plus any applicable delivery charges) to James Stewart or its parties; and
(d) the acceptance of that offer by James Stewart Furniture
(6) When entering into the sale contract via James Stewart Furniture and its parties, you will be taken to have communicated your offer to purchase the product(s) only when:
(a) any requirements set out in these terms have been met;
(b) the electronic institution containing the offer from you enters and is recorded in our database; and
(c) a record is created and stored in our database; and
(d) James Stewart Furniture receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database
(7) You acknowledge that;
(a) The transmission of your offer or the confirmation of any payment made through electronic instruction may not be received by James Stewart Furniture for reasons beyond either parties reasonable control including but not limited to electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems.
(b) to the extent permitted by the law, James Stewart Furniture is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of electronic instruction via James Stewart Furniture or its parties, or any failure to receive an electronic instruction for whatever reason.
(c) James Stewart Furniture may act on and process all completed electronic instructions transmitted or issued without further consent from or reference to you; and
(d ) James Stewart Furniture may treat an electronic instruction as authentic and is under no obligation to investigate the authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness if such electronic instructions.
(8) You will receive e-mail confirmation from James Stewart Furniture as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us at sales@jamesstewartfurniture.com.au or via the relevant party
(9) If your Order is not accepted by James Stewart Furniture, James Stewart Furniture will notify you via its parties for a full refund of any payment made by you to be processed.
(10) James Stewart Furniture may in its sole and absolute discretion, accept or reject any offer made by you for any reason(or no reason) including an error in the advertised price for, or description of the products on the products on the website, official price lists to its parties or error in your Order.
(11) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If James Stewart Furniture cannot supply a particular product due to unforeseen stock level changes, James Stewart Furniture will notify you by telephone or e-mail or via its parties as soon as possible.
(12) James Stewart Furniture will deem to have accepted your Order by e-mail of an Order Confirmation for the sale and fulfillment of your order.
9. Price
(1) On the James Stewart Furniture website prices shown are in Australian dollars and include GST where applicable. They are Recommended Retail Prices only. Prices do not include delivery and handling charges. Prices are subject to change.
(2) Prices provided to you via the parties are at the sole discretion of the parties. Any published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of James Stewart Furniture.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website or contained in our official price lists.
10. Payment
(1) All payments must be made in full prior to delivery.
(2) Payments may be made via direct bank transfer or credit card into the James Stewart Furniture bank account via invoice arrangements made with James Stewart Furniture
(3) Whilst James Stewart Furniture and its parties will take as much care as possible with credit card information provided verbally or electronically, such information is provided to James Stewart Furniture or its parties solely at your own risk.
11. James Stewart Furniture Leathers
(1) James Stewart Furniture leather is a natural product therefore natural variation in colour and texture may be present in the leather. Scars, scratches & grains are natural characteristics of top grain leather and shall not be deemed a defect.
(2) The leather is dyed and coloured largely by hand and then finished using special protecting oils and waxes and sometimes a light polyurethane topcoat. These leather finishes by their nature will come with the ability to ‘score’ and each piece can present with some scoring upon unboxing. Some scoring will occur over the life of the sofa as it is used. The scores are not defects and will wear in over time and add to the character and patina of the leather.
(3) As our leathers are dyed and coloured largely by hand, some natural variation in colour from hide to hide and between colour batches are to be expected and you accept this as part of the nature of James Stewart Furniture leathers.
12. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by James Stewart Furniture. James Stewart Furniture will sell and supply the products to you as shown on your Order Confirmation or Sales Invoice.
(2) Products may not be available for immediate delivery. James Stewart Furniture will endeavour to deliver your Order within the lead-time indicated at the time your order was placed.(3) You agree that your Order for any customised furniture may take at least the lead time accepted as advised at the time of your Order placement plus delivery from the date the order was placed and paid for. This lead time is the average manufacturing lead time required by James Stewart Furniture. Lead times are provided as guides only and do not constitute a guarantee. Lead times can be subject to change without notice. James Stewart Furniture will contact you on receipt of your Order to notify you of the indicative lead time. Indicative lead times begin from the end of the week the order deposit is paid.
(4) Cancellations on Orders for customised furniture will not be accepted by James Stewart Furniture.
(5) Orders for items in stock will only be allocated to you upon receipt of payment in full.
(6) Whilst every effort will be made by James Stewart Furniture to communicate accurate stock levels, James Stewart Furniture will be held liable to for stock errors made by it, its parties or warehousing contractors.
(7) Stock levels can change at short notice. It will be at the discretion of James Stewart Furniture whether to offer a refund due to stock level changes between the time of order and payment received by you.
(8) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(9) Delivery times will be arranged with you in advance. If you are unable to accept delivery of your product a storage fee will be payable. Storage fees will be applied on a weekly basis until delivery has been completed and are payable prior to final delivery.
(10) If there is no one available to accept delivery on the pre-arranged delivery date, transport and re-delivery costs will apply.
(11) Should you arrange your own delivery then the goods become your responsibility upon collection from James Stewart Furniture’s premises or the premise of James Stewart Furniture’s warehouse contractor.
(12) James Stewart Furniture agrees to hold fully paid for items in stock for 2 months free of storage fees. After 2 months James Stewart Furniture reserves the right to charge storage fees calculated on a weekly basis per piece. If you have projects with extended lead times that may require long storage needs please contact James Stewart Furniture or its parties to discuss the individual requirements of your project. As a guide for calculating storage fees, a standard 3 STR sofa is charged at $15/week.
13. Delivery by Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specific address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) You will be required to be available in person to accept delivery of your Order.
(4) If you wish to change the delivery date or delivery address you must contact us at least 48 hours prior to despatch of your Order.
(5) James Stewart Furniture will endeavour to deliver your Order within any stated time frames for dispatch, however James Stewart Furniture does not warrant that these time frames will always be met, as many factors may affect these timeframes.
(6) Access to the premises on delivery and whether items fit into the premises for delivery is not the responsibility of James Stewart Furniture.
(7) You must advise at the time you place your Order or later when you discuss delivery with James Stewart Furniture or its parties of any difficulties that may be involved in the delivery (such as stairs, lifts and lift capacity or narrow entries).
(a) if you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person or persons to assist.
(b) Any additional costs in relation to access into your premises, e.g. crane are your responsibility.
(c) If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery.
(d) In addition, the above storage charges will apply.
(8) James Stewart Furniture cannot and will not accept responsibility for delivery failures or delays by third party delivery contractor.
(9) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which will be presented to you by the carrier for signature. In other cases you will be required to notify us in writing of any damage or shortages within 24 hours of delivery.
14. Title and Risk in Goods
(1) Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
15. Disclaimers and Indemnity
(1) To the extent permitted by law, James Stewart Furniture excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistake or inaccuracies on the website, in official forms and lists or in representations of its parties;
(b) you acting or failing to act on any information contained on or referred to on the website and or linked to the website or information provided by James Stewart Furniture and its parties;
(c) personal injury or property damage of any kind resulting from your access or use of the website’s secure servers.
(d) any unauthorised access to or use of the website secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purposes of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law. James Stewart Furniture and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, James Stewart Furniture including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or any of them arising from any claim, demand or liability arising out of, in connections with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.
16. Returns Policy
(1) James Stewart Furniture will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Order unless we choose to do so at our sole discretion.
(2) If we do accept a return of you Order, you agree to arrange a return of the Goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the Goods in their original condition, in their original unopened and sealed packaging accompanied by their original unopened and sealed packaging, accompanied by their original Order receipt or another form of proof of purchase.
(3) You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any markdown of the price of the Goods.
(4) James Stewart Furniture does not offer refund, exchange or credit note on custom furniture or from what was shown to you, or in breach of manufacturer warranties or consumer guarantees or where otherwise stated by law.
(5) Where an item is found faulty, James Stewart Furniture will either arrange for repair or correction in the event of a minor issue or provide a replacement along with the necessary service and support in the event of a major issue.
(6) James Stewart Furniture reserves the right to make changes to these terms and conditions without notice.
17. Returns, Credit Notes and Refunds
(1) In accordance with James Stewart Furniture’s Return Policy, in the case James Stewart Furniture accepts the return of a newly delivered item:
(a) such request for return must be made within 48 hours of delivery of the item.
(b) you must retain all original packaging and wrap the product in a safe and secure manner so that it may be returned to James Stewart Furniture without damage, or without further damage in the event that damage to the product(s) has already occurred.
(c) where the original packaging is either damaged or no longer suitable to protect the product once shipped, you as the customer must arrange by whatever means to have the product(s) safely and securely wrapped.
(d) once appropriately wrapped, you as the customer shall arrange a person to be available to allow the delivery company to be able to pick up the products being returned.
(e) pay for the return shipping costs.
(2) In the case James Stewart Furniture accepts the return of a newly delivered item James Stewart must:
(a) coordinate with you as to a suitable time for the product(s) to be picked up by the shipping company once the product(s) are ready and available for pick up.
(b) provide you a credit note equal to the amount paid for the product(s) less the applicable return delivery charge and less any re-stocking fee set by James Stewart Furniture once the returned products(s) have been received by James Stewart Furniture.
(3) In order to facilitate a return under these Terms and Conditions, you must contact James Stewart Furniture via telephone or email or via its parties
(4) The customer must comply with the direction from James Stewart Furniture staff or the representatives of its parties to facilitate the return.
(5) It is the customers responsibility to ensure that returned items are returned safely. James Stewart Furniture takes no responsibility for items lost in transit.
(6) James Stewart Furniture does not provide refunds.
18. Privacy Policy
To see further about our collection of information and your privacy please click here
19. Force Majeure
James Stewart Furniture will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
20. Governing Law
(1) These terms and conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia. If provision of any of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Queensland, Australia you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. James Stewart Furniture makes no representations that the content of the website complies with the laws of any country outside of Australia.
21. Severability
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and James Stewart Furniture.
22. Transfers and Assignment
If James Stewart Furniture merges, sells or otherwise change control of its business or this website to a third-party, James Stewart Furniture reserves the right without giving notice or seeking consent to transfer or assign the personal information, content and rights that James Stewart Furniture has collected from you and any agreements it has made with you.
23. Waiver
The failure by James Stewart Furniture to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by James Stewart Furniture.
EXPLORE OUR FULL COLLECTION HERE
