Terms & Conditions

TERMS AND CONDITIONS OF SALE

PLEASE READ CAREFULLY

This section of our terms and conditions is of the utmost importance, please read very carefully and ensure you fully understand your responsibility in the delivery process.  Strictly Comfort and its delivery people will adhere to this section of our terms and conditions explicitly.

Whilst will are more than happy to arrange the delivery of your goods for you, please note that we do not profit from these deliveries, and as such we will not take any responsibility for the deliveries.  We use private contractors to conduct deliveries on your behalf, we have carefully chosen these people based on their skill and their good nature toward our customers, however please note that they are completely independent of Strictly Comfort. 

INABILITY TO DELIVER

Our delivery people whilst happy to make every effort to deliver the goods purchased into your home will not do so if any of the following circumstances exist.  It is the responsbility of customers to inform Strictly Comfort of any such conditions which may affect the timely and safe delivery of your goods.  Products will be considered undeliverable if conditions at the point of delivery cause any of the following circumstances to arise:

  • Delivery was agreed based on the use of a lift and no lift exists, is present but out of service, or the said lift is insufficient in size or weight capacity to carry the goods being delivered.
  • The dimension of doorways and access points is not sufficient in size for goods to pass through safely without risking damage to property or the product.  Doorways which are wide enough, but do not allow for the goods to be rotated to turn corners.  Where a hallway or passage exists at the point of delivery, the passageway walls need to be greater than the narrowest width of the product.
  • Delivery was agreed based on the use of stairs and the stairs are more than 1 flight more than the amount that was agreed upon.  The width of the stairs is not sufficient for the carriage of goods up it.  The platform at the top of each flight of stairs is not wide enough to turn the goods to take to the next flight.  The height of the ceiling in the stairwell is not sufficient enough to allow the goods to make its passage up the stairwell.  The stairwell is dangerous and does not have a safety railing in place along with any or all of the above.
  • If it was agreed at the time of sale that a third party will be available to assist the delivery person with the delivery of goods into your home, and no such person is available or present at the time of delivery.  In this case, a redelivery fee will be charged for the cost of 2 persons to redeliver the goods to your home and the original fee is non-refundable.  If this delivery was offered free of charge, the full cost for that delivery driver to deliver to your area is now chargeable.  Another delivery will be organised with 2 delivery people at the customers expense.  Redelivery will not take place until all monies are collected in full.
  • Regardless of dispute or threat action by customers, if our delivery contractor considers the situation / environment for which he is delivering goods to be impractical or unsafe for himself, his colleagues or employees, the safety of the residence or any of its occupants, and the wellbeing of the goods in question, in such circumstances the delivery will be considered undeliverable and all rules and all conditions at item (4) above shall be implemented.

By safe delivery, we refer primarily to the safety of the delivery person(s), yourself, and the safety of the surrounding environment ie: the walls and other peripherals of and in your home.  Any and all additional charges will be the responsibility of the purchaser, including any additional costs incurred as the result of difficulties with access (see above).  Should our delivery people be unable to deliver goods into your home, it is your responsibility to arrange suitable storage for all non-deliverable goods until other arrangements can be made.  Strictly Comfort will not accept goods returned  to our store because they are not deliverable and the customer does not have suitable storage in the short term.  Storage costs are charged at $60.00 plus GST per week. 

Goods not collected or not made available for delivery within 14 days of arrival at our store will incur our weekly storage charge of $60.00 inc GST.

Please note that it is very frustrating both for customers and the staff at Strictly Comfort if you have not made provision for your goods to be delivered to your home without access problems.  It is not the responsibility of Strictly Comfort to make these decisions for you.  You hereby warrant that when you purchase goods from Strictly Comfort, and you allow us to place an order for such products, that you assume total and full responsibility for your purchase, its size and dimensions and the ability for it to be deliver to your home without any issues pertaining to access and the safety of the people who have been contracted to carry and deliver your goods to you. 

We will not enter into any dispute with customers who do not take notice of these terms & conditions of purchase from Strictly Comfort.

SPECIFICATIONS

We reserve the right to change prices, dimensions, design and construction without prior notice.  Our representatives are available to answer any questions concerning Strictly Comfort products, however, you must be solely responsible for your final selection including the suitability of a particular covering, colour and model.   Please choose carefully as we do not refund or exchange simply because you change your mind.

ESSENTIAL CARE AND MAINTENANCE

Your furniture is designed to specifications exceeding ordinary levels, however the life of the furniture will depend on proper care and maintenance. Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture may result in costly repairs and could also void your warranty. Depending on the quality of foam chosen, soft cushion fillings and removable covers may require periodic replacement due to normal or abnormal use.  Contact our customer service for information and pricing.

VARIATIONS

Your new furniture may exhibit different characteristics to the sample of showroom furniture depending on the selected covering and the degree of use. Soft furniture will vary in appearance, characteristics such as creasing and the degree of softness.  Colour swatches and samples are to be used as 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 pattern match fabrics according to our best judgement.

WARRANTY

Each piece of furniture manufactured for Strictly Comfort is protected by a manufacturers warranty and is subject to the terms and conditions of the limited warranty. No other warranty is valid whether expressed or implied except for any implied conditions and warranties under mandatory laws applicable at the time and place of acceptance of this order by Strictly Comfort.  Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture could void your warranty. Please see essential care and maintenance above for details or contact a staff member if you are unsure.
 
CARRIERS

Full payment is required prior to the goods passing to a contract carrier. All furniture is transported at the purchaser's own risk.  It is the responsibility of the purchaser to arrange insurance and to organise any additional protective packaging. Strictly Comfort is not responsible for the goods once they have changed hands. Crating and additional protective packaging is not normally used if freight is by padded transport.  All freight and insurance charges, including charges for any additional packaging and crating are the responsibility of the purchaser.

CANCELLATIONS

Deposits are subject to a minimum cancellation charge amounting up to 30% of the purchase price. Cancellations where custom made furniture manufacturing has commenced and/or purchases have been made on your behalf, may include a cancellation charge up to the entire purchase price.  The cancellation charge covers loss of value, administration and inventory costs, and other associated expenses.

PAYMENT

Any and all oustanding monies owed to Strictly Comfort for the purchase of products shall be paid prior to receipt of such products in whole or in part. Where products have been passed on to the purchaser 'in good faith' of payment (i.e. Bank Transaction Advice or other means), the goods remain the sole property of Strictly Comfort until payment in full has been received in our nominated business account.

Personal cheques are acceptable, however ordering of products will not be carried out until all cheques are cleared and clear funds available in our nominated business account. Any costs incurred in obtaining payment for goods, including bank transfer fees, currency conversion costs, AMEX fees (3%), cheque representation fees and related charges, are the responsbility of the purchaser. All amounts are in Australian dollars unless specified in writing by an authorised representative of Strictly Comfort. Strictly Comfort reserves the right to cancel any invoice. Strictly Comfort shall be entitled without prejudice to its other rights and remedies, to terminate or suspend the whole of or any part of any agreement between Strictly Comfort and the purchaser.

PAYMENTS USING CASH

Cash payments are acceptable for small items such as giftware, and miscellaneous items, however please note that we do not accept cash for goods such as Sofa's, Sofabeds, Storage Beds, Bedheads, Coffee Tables or Recliners.  The maximum cash payment amount acceptable is $200, without exception.

Should you prefer not to use a credit or debit card for your purchase over $200, please make payments via Direct Debit to our nominated banking facility as follows: BSB: 062-124 ACC: 1092 1923.  Our friendly staff will be happy to guide you in how to do this if you are unsure.  A copy of the Bank Transaction Advice is required before an order is placed by Strictly Comfort. It is recommended that you email this to us to speed up the ordering process.  Please also note that if taking advantage of our direct deposit facilities, right title and ownership of goods shall remain with Strictly Comfort until such time as clear funds are available in our nominated business account. 

TITLE

All right title and ownership to the goods and services offered by Strictly Comfort remain wholly with Strictly Comfort until such time as the purchaser has paid all amounts owing in full, whether under this agreement or any other associated agreement.

Invoices exchanged with zero balances are provided in 'good faith only' where knowledge of final payment has been provided by customers but not confirmed as having been received in full (see Payments above).  By providing such an invoice to the purchaser, Strictly Comfort is in no way whatsoever implyng that all payments have in fact been received by Strictly Comfort in whole or in part.  

Where Strictly Comfort is given advice from a purchaser that all final payments have been made in full, a zero balance tax invoice may be issued however this invoice is indicative only and does not form the 'warranty' until such time as Strictly Comfort agrees that all payments have in fact been received.  At this time, right title and interest in the goods will be transferred to the purchaser.  If the purchaser believes that an error has been made, Strictly Comfort reserves the right to demand a proof of payment advice from the financial instituion of the purchaser giving proof of payment to Strictly Comfort's nominated business account.  

Where the purchaser is unable to provide such proof of payment, Strictly Comfort reserves the right to demand final payment of goods or services deemed 'in default'. 

In the event of any default by the purchaser, Strictly Comfort (without prejudice to any other rights) shall be entitled to repossession of the goods and for the purpose of repossessing the goods Strictly Comfort shall be at liberty to enter premises (within the constraints of the law) in which the goods are located and cease such goods.  Strictly Comfort shall not be liable for any damage incurred during repossession. If the purchaser sells the goods prior to payment of all amounts owing, the purchaser shall hold the proceeds of such a sale as trustee for Strictly Comfort. Strictly Comfort shall be entitled to all such proceeds.
 
 
INTELLECTUAL PROPERTY

The purchaser acknowledges that all intellectual property including designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Strictly Comfort. The purchaser will not knowingly allow any intellectual property belonging to Strictly Comfort to be reverse engineered, pirated or copied. Strictly Comfort may be entitled to compensation for any loss of royalties, damages and/or costs arising from the pirating of Strictly Comfort intellectual property.

USE OF OUR WEBSITE

Strictly Comfort has taken reasonable efforts, to provide accurate and up to date information on the website and to represent the products we sell as accurately as possible in both design and colour. However, how accurate colours are to the actual products displayed on our website depends very heavily upon your monitor, its specifications and its ability to represent the colours.  We cannot guarantee that your monitor’s display will be of the same or similar accuracy to those used to create the website or the product itself.

All materials, including images, text, drawings, illustrations, designs, web icons, photographs, programs, or downloads, and other materials that form part of Strictly Comforts website are either copyrighted by Strictly Comfort or are appropriately licenced royalty free or otherwise for use by Strictly Comfort and all such content is solely intended for your own personal use only.


Downloading of any material from our website as specified above to your computer or device does not transfer title or ownership to you as a result of any such downloading and/or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of this website without written permission from Strictly Comfort.  Copying and Reproduction of any designs will be prosecuted according to the international Intellectual Property laws and agreements.
 
Strictly Comfort is a registered business in N.S.W. Australia ABN 54 450 282 491