“Supplier” shall mean French Boutique Australia Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of French Boutique Australia Pty Ltd.
“Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Supplier to the Customer.
“Guarantor” means that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis.
“Goods” shall mean all Goods supplied by the Supplier to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Supplier to the Customer.
“Services” shall mean all Services supplied by the Supplier to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
“Equipment” shall mean all Equipment including any accessories supplied on hire by the Supplier to the Customer (and where the context so permits shall include any supply of services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by the Supplier to the Customer.
“Price” shall mean the Price payable for the Goods as agreed between the Supplier and the Customer in accordance with clause 4 of this contract.
The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
Where the Customer buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
Acceptance
Any instructions received by the Supplier from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Supplier.
The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.
Goods are supplied by the Supplier only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
Price and Payment
At the Supplier’s sole discretion the Price shall be either:
as indicated on invoices provided by the Supplier to the Customer in respect of Goods supplied; or
the Supplier’s current price at the date of delivery of the Goods according to the Supplier’s current Price list; or
the Supplier’s quoted Price (subject to clause 4.2) which shall be binding upon the Supplier provided that the Customer shall accept the Supplier’s quotation in writing within fourteen (14) days.
The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s quotation.
In the event that any pricing has been printed in error or inaccurately, the Supplier reserves the right to correct any such errors or inaccuracies at any time without prior notice.
At the Supplier’s sole discretion a deposit may be required.
At the Supplier’s sole discretion:
payment shall be due on delivery of the Goods; or
payment shall be due before delivery of the Goods.
Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (excluding AMEX and Diners cards), or by direct credit, or by any other method as agreed to between the Customer and the Supplier.
GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
Delivery of Goods
At the Supplier’s sole discretion delivery of the Goods shall take place when:
the Customer takes possession of the Goods at the Supplier’s address; or
the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Supplier or the Supplier’s nominated carrier); or
the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
Where the Customer intends to collect the Goods from the Supplier’s address, the Goods cannot be collected until the Supplier has advised the Customer that they are ready to be collected. If the Goods are not collected within one week of notification that the Goods are available for pickup, then the Supplier reserves the right to charge a reasonable fee for storage.
At the Supplier’s sole discretion the costs of delivery may be in addition to the Price.
The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery.
Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
The Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
The Supplier shall not be liable for any loss or damage whatsoever due to failure by the Supplier to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Supplier.
Risk
If the Supplier retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
The Customer acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Supplier will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
Title
The Supplier and the Customer agree that ownership of the Goods shall not pass until:
the Customer has paid the Supplier all amounts owing for the particular Goods; and
the Customer has met all other obligations due by the Customer to the Supplier in respect of all contracts between the Supplier and the Customer.
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Goods shall continue.
It is further agreed that:
where practicable the Goods shall be kept separate and identifiable until the Supplier shall have received payment and all other obligations of the Customer are met; and
until such time as ownership of the Goods shall pass from the Supplier to the Customer the Supplier may give notice in writing to the Customer to return the Goods or any of them to the Supplier. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
the Supplier shall have the right of stopping the Goods in transit whether or not delivery has been made; and
if the Customer fails to return the Goods to the Supplier then the Supplier or the Supplier’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods; and
the Customer is only a bailee of the Goods and until such time as the Supplier has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to the Supplier for the Goods, on trust for the Supplier; and
the Customer shall not deal with the money of the Supplier in any way which may be adverse to the Supplier; and
the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Supplier; and
the Supplier can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that the Supplier will be the owner of the end products.
Personal Property Securities Act 2009 (“PPSA”)
In this clause:
financing statement has the meaning given to it by the PPSA;
financing change statement has the meaning given to it by the PPSA;
security agreement means the security agreement under the PPSA created between the Customer and the Supplier by these terms and conditions; and
security interest has the meaning given to it by the PPSA.
Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions:
constitute a security agreement for the purposes of the PPSA; and
create a security interest in:
all Goods previously supplied by the Supplier to the Customer (if any);
all Goods that will be supplied in the future by the Supplier to the Customer.
The Customer undertakes to:
promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to:
register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
register any other document required to be registered by the PPSA; or
correct a defect in a statement referred to in clause 8.3 (a) (i) or 8.3 (a) (ii);
indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier; and
immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
The Supplier and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by the Supplier, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.
The Customer shall unconditionally ratify any actions taken by the Supplier under clauses 8.3 to 8.5.
Defects
The Customer shall inspect the Goods on delivery and shall within seven (7)days of delivery (time being of the essence) notify the Supplier in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Customer is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
Goods will not be accepted for return other than in accordance with 9.1 above.
Returns
Returns will only be accepted provided that:
the Customer has complied with the provisions of clause 9.1; and
the Supplier has agreed in writing to accept the return of the Goods; and
the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; returning cost is not refundable regardless of the situation; and
the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
The Supplier may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
Non-stocklist items or Goods made to the Customer’s specifications are under no circumstances acceptable for credit or return.
Under no circumstances will returns of ‘floor stock’ or discounted Goods be accepted by the Supplier.
Warranty
Subject to the conditions of warranty set out in clause 11.2 the Supplier warrants that if any defect in any structure of the Goods becomes apparent and is reported to the Supplier within six (6) months of the date of delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the workmanship.
The conditions applicable to the warranty given by clause 11.1 are:
the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
failure on the part of the Customer to properly maintain any Goods; or
failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or
any use of any Goods otherwise than for any application specified on a quote or order form; or
the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
fair wear and tear, any accident or act of God.
the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Supplier’s consent.
in respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
Default and Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by the Supplier.
If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) the Supplier may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to meet its payments as they fall due; or
the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
Cancellation
The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
Cancellation of orders for Goods made to the Customer’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.
Privacy Act 1988
The Customer and/or the Guarantor/s (herein referred to as the Customer) agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
The Customer agrees that the Supplier may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
to assess an application by the Customer; and/or
to notify other credit providers of a default by the Customer; and/or
to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
to assess the creditworthiness of the Customer.
The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Customer and Supplier or required by law from time to time):
the provision of Goods; and/or
the marketing of Goods by the Supplier, its agents or distributors; and/or
analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
The Supplier may give information about the Customer to a credit reporting agency for the following purposes:
to obtain a consumer credit report about the Customer;
allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
The information given to the credit reporting agency may include:
personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number;
details concerning the Customer’s application for credit or commercial credit and the amount requested;
advice that the Supplier is a current credit provider to the Customer;
advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customers credit obligations);
advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;
that credit provided to the Customer by the Supplier has been paid or otherwise discharged.
Equipment Hire
The Equipment shall at all times remain the property of the Supplier and is returnable on demand by the Supplier. In the event that the Equipment is not returned to the Supplier in the condition in which it was delivered the Supplier retains the right to charge the Price of repair or replacement of the Equipment.
The Customer shall;
keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment.
not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by the Supplier to the Customer.
The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self insure, the Supplier’s interest in the Equipment and agrees to indemnify the Supplier against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
General
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
The Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions.
In the event of any breach of this contract by the Supplier the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Customer agrees that the Supplier may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. Except where the Supplier supplies further Goods to the Customer and the Customer accepts such Goods, the Customer shall be under no obligation to accept such changes.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
Order
If the items you are after are in stock, we can despatch (or arrange delivery) immediately after your full payment, if the item you want to purchase is not available or you would like to have the items made to your specs, we consider it as an Advanced Order or Advnaced Custom Made order and the price may vary depends on your specs. Prices on the website and offline shop are all Australian dollars and GST included.
$50 admin fee payable for change to existing order.
Advanced Order Estimated Delivery Times
Delivery dates and times quoted are subject to possible changes due to shipping schedules, overseas suppliers, strikes, carrier, customs and quarantine delays etc. Dates provided are estimates only. We endeavour to provide the best possible estimate of the delivery time where possible. Costs associated with shipping can vary. Customers may have to pay delivery fees separately. At the moment, manufacturing time takes between 8 and 12 weeks approx (Custom made items may take longer than standard designs.) plus shipping time (3-4 weeks) and Australian customs and quarantine may hold a vessel so we cannot provide you with the exact arrival date. Custom made order cannot be cancelled or refunded, we can only replace it if the item is not correct. FRENCH BOUTIQUE have several appointed Furniture Specialists that inspect furniture before delivery, so we only despatch when they approve, so there is little(no) probability we send the faulty items.
General Delivery Info
Regarding the deliveries which are offered by FRENCH BOUTIQUE (both Free delivery and customer's request to arrange), the freighters are at our discretion, which means FRENCH BOUTIQE has got every right to choose the delivery company and delivery date is based on the shipping company's schedule. Our delivery companies only deliver to the ground floor and they do not assemble, if you wish them to help carry further down or upstairs and ask them to assemble, they may charge the fee (Please discuss with them). When the delivery is arranged by the customer (upon their request), unless FRENCH BOUTIQUE agrees to pay or help the fee before issuing a Tax Invoice, full payment should be made by the customer regardless of the purchase amount.
Advanced order Deposit/Payment methods
Advanced orders require an initial deposit of 50% of the total amount. Deposits must be received within 5 days of placing your order to activate your order process.
Payment can be made by Bank Transferring, Credit Cards (Visa or Master card), Bank Cheque or Cash. Regarding Credit card payment, we charge 2% of items price as a fee.
Completion of Payment
All orders comply with our Terms and Conditions. Once an advanced order has commenced, no refunds or exchange of ordered item will be acceptable. Customers should complete payments when items arrived at FRENCH BOUTIQUE from the manufacturer. If the items are not collected or no responses/no payment of the balance for one week after notification from FRENCH BOUTIQUE, 5% of the item price (per week plus gst) will be charged as a storage fee until they are collected. If we do not receive the balance payment for another week (from the storage fee charging date), the order will be regarded as being cancelled and there will be no refund of whatever amount paid and the item will be restocked at French Boutique. Customer is fully responsible for communicating with French Boutique, there is no excuse acceptable for any reason. (From the time a customer places and order, they should be available to receive any news (mainly by email) from French Boutique regardless of the situation such as going abroad. (The customer should appoint a third party to complete transaction and pick up / delivery on time) French Boutique can only arrange delivery when payment has completed.
Colours and descriptions of the product
The colours on the website may look slightly different from the real items, it depends on each monitor's setting, we can only show the colours as a guideline.
The design on the website is a sample, so even though our manufacturers keep the typical feature similar/same however they may slightly change the shape, carving or any other details such as handles, buttons or effects any time as it depends on individual artisans. They make it by hand only in order to make each item unique, they do not use machine made identical patterns. Slight different color shades for each item are common on antique finished surface. No claims regarding the details stated above should be acceptable. Eg: The apron can be repeatedly curved, single curved or little curved etc. Height of the Bedhead or Footboard my be different on each shipment unless customers advise specific heights. Joint lines should not be regarded as a crack and hand applied gilt cannot be the same as the spray painted finish. Some finishes have Antique/worn out effects deliverately. Compound material may be used for some parts.
As the supplier imports from several different manufacturers, the colours of the items including the fabric maybe sligthly different each other, however the same designed multiple items will have the same colour as long as the order is placed at the same time.
Standard size: We follow the Australian standard mattress sizes for Beds, Table's standard sizes: 180cm-340cm W x 95D x 78H.
We request customers check all items upon delivery with the delivery staff as goods will not be replaced or refunded after goods have been accepted, as we check prior to delivery and do not accept responsibility for items damaged in transit as delivery company has their insurance to cover any damage on transit. French Boutique has no responsibility with any claim after delivery.
Claims and Discrepancies
We do not accept any claim after delivery so please check thoroughly upon delivery or collection regardless of the situation. Furniture delivered by FRENCH BOUTIQUE will be checked prior to delivery but once accepted at the customer's delivery site FRENCH BOUTIQUE has no further responsibility. Custom Made orders cannot be refunded for any reason. If FRENCH BOUTIQUE agrees the items returning (within a week), the cusotmer should pay for delivery as they should have checked the item(s) upon delivery as stated above, then FRENCH BOUTIQUE will investigate with the issue raised and all the procedure will be email CCed to our legal advisor to follow Australian Business Law.
Copyright
This web site and its contents are the property of FRENCH BOUTIQUE and are subject to copyright. The contents of whole website are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use is prohibited without the prior written permission of FRENCH BOUTIQUE.
Lay By Terms and Conditions
Deposit: When purchasing on a lay by basis an initial deposit of 30% of total price.
Deposits must be received within 5 days of placing your order.
All lay by furniture orders comply with our Terms and Conditions. Once the lay by has commenced no refunds will be provided on furniture orders.
If layby has not been completed within one month after the term negotiated, it will be cancelled without any refund and all monies paid will be forfeit.
Gift voucher or Credit voucher Terms and Conditions
Gift vouchers and unused portions of gift vouchers should be spent within 12 months from the date of issue or purchase, this is the "expiry" date included on the gift certificate.
Gift vouchers must be redeemed through both our online/offline sales.
Gift vouchers are not redeemable for cash and cannot be returned for a cash refund. A refund can be issued to the purchaser (or someone granted) of the Gift Voucher up to the expiry date of the original voucher.
Any unused balance will be placed in the recipient's gift voucher account and is not transferable. The original expiration date will apply to any unused balance.
If your order exceeds the amount of your gift certificate, you must pay for the balance with a valid and accepted method of payment.
Gift vouchers and their use on the FRENCH BOUTIQUE - Plaisirs de la Vie (FRENCH BOUTIQUE, here after) are subject to the Terms and Conditions of FRENCH BOUTIQUE.
We are not responsible for lost or stolen gift vouchers.
French Boutique reserves the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift voucher is either redeemed through the FRENCH BOUTIQUE Web site or is redeemed and used to make purchases through FRENCH BOUTIQUE.
* Gift Vouchers issued by FRENCH BOUTQIUE are a free gift to customers to be used for future purchases and should be used for current stock within a year. Each voucher has customer's name on it and FRENCH BOUTIQUE may request to show users ID when they try to pay with it. Postage fee will be charged unless pick up.
Hire Items Terms and Conditions
* We do not sell 'hire items'
Payment of Bond and Cost of Delivery
The customer agrees to pay to FRENCH BOUTIQUE -Plaisirs de la Vie (Hereafter, FRENCH BOUTIQUE) the Security Bond (same amount as the sales price of the furniture) and Cost of Delivery as set out in the Schedule, before delivery of the Goods. Eg: If the item price is $1000, the customer needs to pay $1000 in advance and after hiring period, $700 will be returned to the customer unless any damage or loss occurred during period of hire. Prices are all GST inclusive
Payment of Rental
The Customer agrees to pay FRENCH BOUTIQUE the Rental Payment (Bond) in advance. Such Rental Payments are to be paid before delivery of the Goods.
Removal of Goods
The Customer agrees not to remove or allow anyone to remove the Goods from the Premises where the Goods are to be kept, as set out in the Schedule, without the permission in writing of FRENCH BOUTIQUE.
Care of the Goods
The Customer agrees to keep the Goods clean, tidy in good order and condition.
Loss or Damage to Goods
The Customer shall be responsible for any loss or damage to the Goods from any cause whatsoever at all times during the Rental Period and until the Goods have been returned to FRENCH BOUTIQUE. The Customer is required to notify FRENCH BOUTIQUE of any loss or damage to the Goods immediately such loss or damage occurs. In the event of loss or damage the Customer will be liable to pay to FRENCH BOUTIQUE the cost of the repairs or the value of the said Goods, as assessed by FRENCH BOUTIQUE, whichever is the lesser amount. The value of the Goods is not to exceed the retail price of the said Goods at the commencement of the Rental Period. If the Goods are lost or damaged the Customer shall pay rent until restitution is made.
Termination
If the Customer fails to comply with any of the terms or conditions of this Agreement, FRENCH BOUTIQUE may terminate the Agreement by serving a notice of termination on the Customer. Such a notice may be given to the Customer by any methods (phone, in person or email etc)
Return of Goods to FRENCH BOUTIQUE
Upon termination of this Agreement, the Customer must either return the Goods to FRENCH BOUTIQUE or arrange for FRENCH BOUTIQUE to collect the Goods as soon as possible.
Return of Bond
Provided that the Customer has complied with all of the terms and conditions of this Agreement, FRENCH BOUTIQUE agrees to refund the bond upon termination of the Agreement and return of the Goods to FRENCH BOUTIQUE. FRENCH BOUTIQUE may at its sole discretion, deduct from the Security Deposit (Bond) refundable to the Customer any Cost of Pick Up, cleaning or repair expenses, or any other moneies owing to FRENCH BOUTIQUE.
Extension of Hire
Extension of hire will be rated on a pro rata basis.
Whole Agreement
The terms and conditions set out in the preceding pages constitute the whole agreement made between the Customer and FRENCH BOUTIQUE and no officer, servant or agent of FRENCH BOUTIQUE has any authority to vary, add to or omit any of the terms or conditions hereof.
Warranties
Certain conditions and warranties may be implied into this Agreement by the Trade Practices Act and State legislation and their conditions and to be read subject to such legislation. However, FRENCH BOUTIQUE and the Customer agree that in the event of the Customer suffering and loss, damage or claim howsoever arising as a result of hiring the Goods, the liability of FRENCH BOUTIQUE is limited to the repair or replacement of the Goods and is not to include economic or consequential damage of any nature whatsoever.
Severability
If any term or condition or any part of any term or condition of this Agreement or the application thereof shall be or become illegal, invalid or unenforceable, then the remaining terms and conditions or any part of remaining term or condition shall not be affected thereby.
Colours
French Boutique can forward colour sample swatch to the manufacturer on customer's behalf, (postage and handling fee will be charged to the customer) however French Boutique has no responsibility for missing and returning of the swatch once postage has been made.
In an Online purchase, colours shown on our photographs might be displayed differently on various monitors and computer systems. Therefore, colours displayed should be considered only as a guide rather than an accurate representation of the actual finish. Also, there are several different shades of Black, we cannot guarantee which Black (Some looks more navy, some looks a bit grey etc), we cannot promise which shade the Black fabric/Velvet will be used for customer's item. Some photos of our website may be slightly different from the real item. The furniture are hand carved and hand finished, as a result individual pieces may have minor variations in terms of carving, painting,design and size, however the variations are an intrinsic part of the style and character of each piece. Also joints of the items have been glued, some white or cream painted or gilded items may show the joint line, we do not regard it as an items fault, as it may happen to any items, however if it is dark painted or stained, it is not visible. No request for claims or adjustments will be recognized on the basis of these issues. Each item is made by hand using traditional cabinet making techniques and any imperfections are characteristics of that item. A wax or paint polish is applied by hand so the finish is unique and totally different from machine spray paint and natural timber marks such as knars or knags are not regarded as a fault or damage. (Do not expect the finish like synthetic, as our items have a natural finish.) Our handmade process takes more than 10 times longer than machine made.
Acceptance of Items
We request customers check all items upon delivery with the delivery staff as goods will not be replaced or refunded after goods have been accepted, as we check prior to delivery and do not accept responsibility for items damaged in transit as delivery company has their insurance to cover any damage on transit.
Claims and Discrepancies
We do not accept any claim after delivery so please check thoroughly upon delivery or collection. Furniture delivered by FRENCH BOUTIQUE will be checked prior to delivery but once accepted at the customer's delivery site FRENCH BOUTIQUE has no further responsibility. Custom Made orders cannot be refunded for any reason.
In an Online purchase, colours shown on our photographs might be displayed differently on various monitors and computer systems. Therefore, colours displayed should be considered only as a guide rather than an accurate representation of the actual finish. As we may not post you all our standard fabric samples, customers need to refer to the real items at the shop or website photos. Some photos of our website may be slightly different from the real item. The furniture are hand carved and hand finished, as a result individual pieces may have minor variations in terms of carving, design and size, however the variations are an intrinsic part of the style and character of each piece. Majority of items have distressed effect (rubbed by hand) which is deliberate, it should not be regarded as a damage or fault. No request for claims or adjustments will be recognized on the basis of these minor variations and effect. Each item is carved by hand using traditional cabinet making techniques and any imperfections are characteristics of that item. A wax or paint polish is applied by hand so the finish is unique and may look imperfect (different from machine spray paint) and natural timber marks such as knars or knags are not regarded as a fault or damage. (Do not expect the finish like synthetic, as our items have a natural finish.) Some items with white or cream painted can show its joint marks, they should not be considered as a crack. If customers wish to send their own colour swatches, we can forward it via post or DHL, it will cost extra and charged to thecustomers with the balance payment.
