LYNTON AND FORRESTER
TERMS AND CONDITIONS OF SALE
Thank you for choosing Lynton and Forrester. These Terms and Conditions of Sale (Terms) apply to all purchases of any products ordered from Lynton and Forrester or displayed in-store. These Terms also apply to all Products displayed on Lynton and Forrester’s website.
Quick delivery on in-stock items only available with in store/showroom stock. Lead time will vary depending on whether the stock is being custom made, the supplier and other possible economic conditions.
This is the Refund Policy (“Policy”) of Lynton and Forrester ABN 23 841 504 010 and it applies to the purchases of Lynton and Forrester.
1.1 We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law on the terms set out in this Refund Policy (“Policy”).
1.2 Any benefits set out in this policy may apply in addition to consumers rights under the Australian Consumer Law.
1.3 Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
2.1 under the Australian Consumer Law;
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods, you are entitled;
– To cancel your order with us
– To a refund or compensation for its reduced value
You are also entitled to choose a refund or replacement for major failures
2.2 We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
2.3 The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
2.4 The Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees that it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
2.5 Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
2.6 If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a refund or replacement. You may also be entitled to compensation for any reasonably foreseeable loss resulting from the major failure.
2.7 If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired and replaced.
A deposit of 50% is required at the time of placing a custom order of non-showroom Product, meaning Product we order in for you, or, custom orders.
Payment of 100% retail price is payable on purchase of showroom Product as is. We will notify you of the deposit required before we process the order.
Full payment must be received into the Lynton and Forrester bank account before final delivery can be organised. Payment can be arranged by Bank Transfer/Credit or Debit Card/Cash.
Company or personal cheques are not accepted for the purchase of any Products.
You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.
The reference to ‘full payment’ means the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the Products.
At the time that you place your Order and pay the deposit for that Order, we will issue you with a document called a ‘Customer Sales Invoice’ that specifies the details of your Order. The Customer Sales Invoice becomes a proof of purchase upon your full payment.
Payment is due at the moment of the order confirmation by the Client.
CANCELLATION OF ORDER
Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Lynton and Forrester showrooms, before purchasing the Products. If you cancel your order you:
(a) must retain your original purchase documents
(b) agree to forfeit the full 50% deposit paid in payment for Lynton and Forrester’s administrative costs and expenses incurred in handling and cancelling the order coupled with the fact that Lynton and Forrester sell high end Products; and
(c) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and
(d) will have no further claim to the Products, and
(e) Lynton and Forrester may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.
PLACING AN ORDER
Lynton and Forrester reserves the right to accept or object in its absolute discretion any order, or part of an order, which it may receive from you.
When a deposit is received by Lynton and Forrester relating to your purchase of the Products, the order becomes immediately binding on Lynton and Forrester and you agree to all of the terms and conditions set out in these Terms.
When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.
The lead time for delivery of custom orders can be 13-16 weeks (3-4months).
The prices for Products are in Australian dollars and inclusive of GST.
If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
Any refund will be processed via the same method as initial payment.
Refunds and returns cannot be activated on products purchased as floor stock, ex-display stock, limited edition covers and products. These Products are to be purchased as is.
RISK AND TITLE
All risk in Products passes to you on delivery, which is when:
(a) if we deliver the Products to the delivery address, at the time just prior to when the Products are unloaded at the delivery address; or
(b) if you nominate to arrange for the Products to be collected from a Lynton and Forrester warehouse or showroom, just prior to the Products being loaded onto your transportation at the Lynton and Forrester warehouse or once the Products are collected by you in the showroom.
For showroom collections our retail team cannot for health and safety reasons assist in loading Products into your vehicle.
All title in the Products passes to you on receipt by Lynton and Forrester of the full payment for the Products and all other charges payable by you pursuant to these Terms.
Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance; however, you must not defer the estimated delivery date without Lynton and Forrester’s prior written consent.
In the event that your order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Terms, and you accept an earlier estimated delivery date, then the earlier delivery date will become the new estimated delivery date. In these circumstances, the Terms that apply to the estimated delivery date will apply to the new estimated delivery date. The estimated delivery date in these Terms applies to the delivery of the Lynton and Forrester furniture, as these services apply to you, where you have prearranged these and Lynton and Forrester has confirmed these in writing to you.
PROVIDING THE CORRECT ADDRESS
You must ensure correct delivery address details are provided to Lynton and Forrester at the time of order placement and notify Lynton and Forrester in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, as is applicable to you. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.
RECEIVING YOUR FURNITURE
Products will only be delivered or collected, if a person, aged over 18 years and who is able to accept delivery and is present at the delivery address at the time of delivery. Should:
An appropriate person not be available to accept delivery or collection by Lynton and Forrester or their carrier on the pre-arranged delivery date and time; or
In the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made, a card/notification will be left and you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted Lynton and Forrester furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by Lynton and Forrester as a result of difficulties with access in delivery of the Products and/or collection of the Lynton and Forrester furniture.
We reserve the right, in our discretion, to make part deliveries of any order, at no cost to you. Failure by Lynton and Forrester to deliver all the Products you have ordered at any one time does not invalidate these Terms insofar as any part deliveries are concerned. Despite this, if you request or cause Lynton and Forrester to make part deliveries of your Products, you will be charged the full delivery charge for each part delivery.
UNABLE TO ACCEPT DELIVERY OR COLLECT
If you do not accept delivery or collect your Products within 14 days after the estimated delivery date for all stock (the applicable ‘Delivery Period’), then, immediately on expiry of the Delivery Period, Lynton and Forrester will either:
(a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If Lynton and Forrester delivers your order to a storage facility of your choosing, Lynton and Forrester relinquishes all liability for the order. Lynton and Forrester may assist you with arranging a storage facility; however there is an additional cost for this service; or
(b) if you have not paid the full purchase price or if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:
Agree to forfeit the deposit paid. and will have no further claim to the Products; and
Lynton and Forrester may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.
If you place an order for Products at Lynton and Forrester, we generally do not set a delivery date until we are certain of the availability of goods.
When an estimated delivery date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order.
If you do not comply with the above conditions or you choose to cancel your order in circumstances where no estimated delivery date is set, Lynton and Forrester will rescind the contract for sale of the
Products by notice to you by email and treat your failure to agree to an estimated delivery date as your cancellation of your original order. In these circumstances, you:
(a) agree to forfeit the 50% deposit paid by you to Lynton and Forrester in payment for Lynton and Forrester’s administrative costs and expenses incurred in handling and cancelling the order;
(b) will have no further claim to the Products.
DELAY IN DELIVERY OF YOUR FURNITURE
Lynton and Forrester will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond Lynton and Forrester’s reasonable control.
We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, Lynton and Forrester’s liability will be limited, at Lynton and Forrester’s option, to resupplying the Products at a different time.
If at any time after receiving an order from you, Lynton and Forrester, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Lynton and Forrester from supplying some or all of the Products set out in an order by the estimated delivery date, Lynton and Forrester may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.
In this paragraph:
(a) ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Lynton and Forrester’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time Lynton and Forrester receives an order from you; and
(b) ‘Insolvency Event’ means any one or more of the following events:
(i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
(ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
(iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
(iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.
PRODUCT VARIATIONS AND SPECIFICATIONS
Your Product may exhibit different characteristics to the sample in the Lynton and Forrester showroom or images on the Lynton and Forrester website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product.
Please choose carefully as Lynton and Forrester will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations. Lynton and Forrester will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by Lynton and Forrester. Unless Products are faulty, we are unable to refund, exchange or credit your account. Lynton and Forrester will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Lynton and Forrester is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) your use or misuse of the Products;
(d) any act, omission or negligence by you, your agents or representatives;
(e) any loss or expense resulting from a claim by a third party; or
(f) any delays in delivery of the Products;
(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Lynton and Forrester’s failure to complete or delay in completing the order to deliver the Products.
To the full extent permitted by law, where Lynton and Forrester’s liability cannot be excluded, the maximum aggregate liability of Lynton and Forrester for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to, at the option of Lynton and Forrester:
(a) the replacement of the Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent products; or (d) the payment of the cost of having the products repaired.
In circumstances where Lynton and Forrester’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of Lynton and Forrester for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to Lynton and Forrester in respect of the Product giving rise to the liability.
INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS
You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.
In all other cases, to make a claim you must notify Lynton and Forrester of any damage to the Products or shortages in delivery within 24 hours of delivery by Lynton and Forrester by contacting 07 5646 9240, by sending an email to firstname.lastname@example.org, by sending a notice in writing to Lynton and Forrester by registered post, or by speaking with a Lynton and Forrester customer service representative at a Lynton and Forrester trading premises. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Lynton and Forrester is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.
Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.
ACCURACY OF INFORMATION
While Lynton and Forrester aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While Lynton and Forrester has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. Lynton and Forrester does not accept any responsibility for any error, omission or defect in the information provided on its website.
You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Lynton and Forrester.
You will not knowingly allow any intellectual property belonging to Lynton and Forrester to be reverse engineered, pirated or copied or breached in any other manner. Lynton and Forrester may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Lynton and Forrester’s intellectual property rights.
We may collect personal information in connection with Lynton and Forrester’s dealings with you. If so, we will abide by the privacy Act.
To the full extent permitted by law, you will indemnify Lynton and Forrester and keep indemnified Lynton and Forrester from and against all liability, loss or damage Lynton and Forrester may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.
These Terms will be governed by and construed in accordance with the laws of Queensland in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.
Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Lynton and Forrester and you for the purchase of the Products.
If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.
For further information please contact Lynton and Forrester
07 5646 9240
112 Bundall Road, Bundall QLD 4217 Australia