TERMS AND CONDITIONS FOR SALE OF GOODS
1. DEFINITIONS AND INTERPRETATION
1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth);
Events Outside Our Control has the meaning given in clause 9;
Goods means the goods as stated in the Order;
Order means your order for the Goods, as set out overleaf;
Order confirmation has the meaning given in clause 2.4;
Terms means the terms and conditions set out in this document;
Total Order Amount means the total amount payable for the Goods and delivery, as set out in the Order confirmation; and
We/Our/Us means MUJI Retail Australia Pty Ltd (ABN 16 162 962 512) of Level 5, 90 William Street, Melbourne Victoria, 3000.
1.2. In these Terms, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing;
(c) headings are for convenience of reference only and do not affect interpretation; and
(d) the words "writing" or "written" include by e-mail, unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1. These are the terms and conditions on which We supply Goods to you.
2.2. Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before you sign and submit the Order.
2.3. When you sign and submit the Order to Us, this does not mean that We have accepted your Order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this and We will not process the Order.
2.4. These Terms will become binding on you and Us when:
(a) You have provided satisfactory evidence (such as a driver's licence) which shows that you are 18 years of age or above;
(b) We issue you with a written acceptance of an Order (Order confirmation); and
(c) We receive full payment of the Total Order Amount from you in cash or on clearance of funds into Our bank account,
at which point a contract will come into existence between you and Us.
2.5. If you elect to pay Us using your credit card and the payment is rejected, we will contact/inform you promptly.
2.6. We will assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7. Our sales literature is solely for the promotion of Our Goods within the delivery areas we may specify from time to time. We do not accept orders from or deliver to addresses outside those delivery areas.
3. THE PRODUCT
3.1. Images of the Goods on Our website or in Our sales literature are for illustrative purposes only. Although We have made every effort to display the colours accurately. We cannot guarantee that your computer's display of the Goods or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3.2. All descriptions, specifications, illustrations, drawings, data, dimensions and weights contained in catalogues, price lists or other advertising material of MUJI or elsewhere are approximations only and are intended by MUJI to be a general description for information and identification purposes only, Your Goods may also vary slightly to products displayed in Our stores and in-store catalogues, including in relation to material, colour, finish, craftsmanship, and dimensions.
4. CHANGES TO ORDER OR TERMS
4.1. We may revise these Terms from time to time, including in the following circumstances:
(a) to correct any typographical, clerical, or other errors or omissions in sales literature, quotations, pricing, acceptance of offers, orders, or invoices issued by Us or information provided by Us; and
(b) changes in relevant laws and regulatory requirements.
4.2. If We have to revise these Terms under clause 4.1. We will give you at least 5 days' written notice of any changes to these Terms and you must discuss in good faith with Us as to when the revised Terms will take effect.
4.3. We reserve the right to accept or reject in our absolute discretion any change to an Order for Goods after the Order has been placed with Us.
5. YOUR RIGHT TO CANCEL ORDER AND APPLICABLE REFUND
5.1. Before We have delivered the Goods to you, you may cancel an Order for Goods if We are affected by an Event Outside Our Control, in which case We will refund any amounts you have already paid to Us for the cancelled Goods and their delivery less the following pre-estimates of loss likely to be suffered by Us and/or amounts necessary to protect Our legitimate interests:
• 10% of the Total Order Amount
If the Goods are purchased for commercial use, We reserve the right to discuss and agree with you the refund which would apply if you cancel the Order.
5.2. You will not be able to cancel your Order once We have despatched the Goods to you.
5.3. Subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law, once we have despatched the Goods to you, they can only be returned under Our Returns and Refunds Policy, as amended from time to time. Our Returns and Refunds Policy is available within Our stores. Please note, there are no refunds or exchanges for change of mind with furniture products.
5.4. We will process any refund payable in accordance with these Terms within a reasonable time of agreeing to do so. All refunds will be provided back in the original tender. Debit cards and credit card refunds must be processed back onto the original credit card.
6. OUR RIGHT TO CANCEL AND APPLICABLE REFUND
6.1. We may cancel an Order at any time before the Goods are delivered, including due to an Event Outside of Our Control or the unavailability of stock. If this happens,
We will endeavour to promptly:
(a) contact you to let you know; and
(b) refund any amounts you have paid to Us for the cancelled Goods and their delivery.
7. PRICE AND PAYMENT
7.1. The price of the Goods will be set out in Our price list in force at the time We confirm your Order. On confirmation from Us that the product is available to order, full payment of the transaction is required within 14 days of the confirmation. Our prices may change at any time, but price changes will not affect any Order We have confirmed with you.
7.2. The prices of Goods exclude delivery costs. Delivery costs will be listed in the Order confirmation and included in the Total Order Amount. These costings are displayed in store or can be asked for prior to purchase.
8. DELIVERY
8.1. We will use reasonable endeavours to ensure the Goods are delivered in a prompt manner. However, please understand that the timing for delivery depends on a number of factors, including the availability of the Goods and your nominated address for delivery.
8.2. We will endeavour to inform you of the estimated delivery date at the time when We accept your Order, or as soon as practicable after that time. Orders that require importing items from overseas, may take a minimum of 3 months for delivery but we will endeavour to inform you with as much of the details relating to this as possible.
8.3. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 9 for Qur responsibilities when this happens.
8.4. Delivery dates are estimates only and, subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law, We do not accept any liability for failure to deliver the products within the estimated time.
8.5. We will use reasonable endeavours to contact you once the Goods are ready to be collected or delivered to you by a carrier arranged by Us
8.6. If you have elected to collect the Goods, you can collect the Goods from location and time(s) specified in the Order confirmation.
8.7. Goods can only be delivered to a person over the age of 18 years old and able to accept delivery (an appropriate person). If an appropriate person is not available to accept delivery on the designated day, the Carrier will leave a note that the Goods have been returned to Our premises, in which case please contact Us to rearrange delivery. Once arrangement for a redelivery date has been confirmed by you, additional redelivery fees may be payable if an appropriate person is not at the delivery address on the day of redelivery or if redelivery is cancelled by you on the day of redelivery.
8.8. You must advise at the time you place your Order of any access problems that may be encountered when delivering the Goods to your address, for example as a result of stairs or narrow entries. Additional charges will apply in cases where the Goods need to be disassembled by Us or the Carrier. Additional redelivery fees may also be payable if the Goods need to be returned to Our premises.
8.9. If a redelivery fee is payable for reasons set out in clauses 8.7 or 8.8. We may charge you an amount for redelivery which is in addition to the delivery fee specified in the Order confirmation.
8.10. When receiving the Goods, please inspect thoroughly before signing "Received in good order”. Subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law, any claims for scratches, marks, dents or other visible damage will not be accepted after you have signed “Received in good order”.
8.11. Delivery of an Order shall be completed when the Goods are delivered to the address you gave Us or you collect the Goods from Us.
8.12. Risk in the Goods passes to you on completion of delivery. Title in the Goods passes to you on completion of delivery and receipt by Us of full payment pursuant to these Terms by either cash or clearance of funds into Our bank account.
8.13. You must collect or take delivery of the Goods within 14 days from the date We notify you they available pursuant to clause 8.5. If you fail to do so, We may charge storage fees of $50 per week and/or treat this as request by you to cancel the Order and you will forfeit any deposit paid.
8.14. We make no representations about the Carrier other than those contained in these Terms and, subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law, We are not responsible for the actions of the Carrier.
8.15. All packing and wrapping materials are your responsibility to dispose of and will be left at the delivery address.
9. EVENTS OUTSIDE OUR CONTROL
9.1. Subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law, We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2. An Event Outside Our Control means any occurrence or non-occurrence as a result of which We are prevented from or delayed in performing any of Our obligations in connection with these Terms and that is beyond Our reasonable control.
9.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
a. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you. We will arrange a new delivery date with you after the Event Outside Our Control is over.
9.4. You may cancel the contract pursuant to clause 5 if We notify you that an Event Outside Our Control has taken place and you no longer wish Us to provide the Goods.
10. LIMITATION OF LIABILITY AND CONSUMER GUARANTEES
10.1. We acknowledge that the Australian Consumer Law contains certain guarantees for the supply of goods or services to consumers that cannot be excluded, restricted or modified by law (Consumer Guarantees). Nothing in these Terms is intended to exclude or restrict the application of this law.
10.2. Subject to any rights you may have as a consumer that cannot be excluded, restricted or modified by law:
(a) We provide no other warranty, guarantee or assurance, express or implied, to you in relation to the Goods supplied;
(b) You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to reputation) in contract, tort, under statue or otherwise, howsoever caused including arising direct or indirectly from or in connection with these Terms, unless such loss or damage arises from the negligence or wilful misconduct of Us or any of Our officers, employees or agents;
(c) Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to your loss or damage; and
(d) If the Goods supplied by Us to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Our liability to you for failure to comply with a Consumer Guarantee (other than under sections 51, 52 or 53 of the Australian Consumer Law) is limited at Our option to:
(i) in the case of goods, the repair of the goods, the replacement of the goods or paying for the cost of repair or replacement of the goods; or
(ii) in the case of services, the resupply of services or paying for the cost of resupplying the services,
and you agree and acknowledge that it is fair and reasonable, in all the circumstances, for Us to limit our liability in this way.
11. PRIVACY
11.1. We are committed to respecting your privacy. To view Our Privacy Policy, which forms part of these Terms, please ask in store.
12. OTHER IMPORTANT TERMS
12.1. These Terms and the documents referred to in them contain the entire agreement and understanding between you and Us in relation to their subject matter.
12.2. You agree that We enter into these Terms on Our own behalf and not as agent or trustee for any related body corporate, as defined in the Corporations Act 2001 (Cth).
12.3. A provision of these Terms which is unenforceable or partly unenforceable is, where possible, severed to the extent necessary to make these Terms enforceable, unless this would materially change the intended effect of these Terms.
12.4. We may transfer Our rights and obligations under these Terms without your consent, however We will inform you in writing if this happens.
12.5. If the day on or by which something must be done under these Terms is not a business day, it must be done on or by the next business day. A business day is a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Australia.
12.6. These Terms can only be amended or replaced by another document executed by you and Us, except as specifically provided in these Terms.
12.7. All fees and charges identified in these Terms and all prices for the Products are quoted in Australian dollars and include GST where applicable. "GST" has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
13. GOVERNING LAW AND JURISDICTION
13.1. These Terms and any dispute arising out of or in connection with these Terms are governed by the laws of the particular State and of Australia.
13.2. You and We submit to the non-exclusive jurisdiction of the courts of the particular State and Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms.