Thank you for choosing Fabulous Australian Trade. The terms and conditions of sale below apply to all purchases of our products. We, and similar expressions, refer to Fabulous Australian Trade (CAN 169 564 274). You, and similar expressions, refer to you, our customer or proposed customer.
You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access. You must ensure correct delivery address details are provided to us and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date for any reason, our liability will be limited, at our option, to resupplying the goods at a different time or at a maximum, to the refund of the purchase price.
Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. Should an appropriate person not be available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
You are responsible for ensuring there is adequate access and entry to the site to allow the delivery of the products. If delivery cannot be made, a card will be left and you will be responsible for organising collection of the products from the address identified on the card.
Full payment by either cash or credit is required prior to delivery of the products.
Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges.
Cancellation of Order
We do not refund or exchange if you change your mind. You agree to pay a minimum cancellation fee of 30% of your order if you cancel your order. If you cancel your order after manufacture of your products has commenced, you agree to pay a cancellation fee up to the entire purchase price at our discretion.
Variations and Specifications
Your product may exhibit different characteristics to the sample of showroom furniture.
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.
We reserve the right to change dimensions, design and construction and to pattern match fabrics according to our best judgment without prior notice.
The following only applies if you are a deemed "consumer" under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.
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. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If there is a defect in your product that appears within the first 12 months, we will do the following:
1. If a product has a minor defect, we will, at our option, repair it.
2. If a product has a major defect, you are entitled to:
- reject the goods and receive a refund; or
- reject the goods and receive an identical replacement, or one of similar value if reasonably available
To the full extent permitted by law, the maximum aggregate liability of Fabulous Australian Trade Products for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Customer Law), is limited to the amount payable by you to us in respect of the product giving rise to the liability.
In addition to the rights and remedies you may have available under the Australia Customer Law or any other law that applies to the goods or services that you have purchased from Us.
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 Fabulous Australian Trade.
The customer will not knowingly allow any intellectual property belonging to us to be reverse engineered, pirated or copied or breached in any other manner. Fabulous Australian Trade may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of King Furniture's intellectual property rights.
Lowest Everyday Price Guarantee
Any item offered with this guarantee is being sold at our lowest price and will not be reduced any further except for a genuine clearance sale (if any) of that item. However, we reserve the right to increase the price due to increases in materials, freight, and manufacture.
If any part of these terms and conditions is 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 and conditions continues to be enforceable and valid.