Terms & Conditions of Sale

Standard Terms & Conditions of Sale

Unless Belle Vie and the Customer otherwise agree in writing, these Terms are incorporated into and form part of any contract (‘the Contract’) between Belle Vie and the Customer for the supply of Goods by Belle Vie.

1. Definitions

In these Terms unless the contrary intention appears:

1.1 ‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (C’th);

1.2 ‘Belle Vie’ means Belle Vie Pty Ltd ACN 83 623 545 871 and any and all of its “Related Bodies Corporate” and/or “Associated Entities” as such terms are defined in the Corporations Act 2001 (C’th);

1.3 ‘Customer’ means the party or parties entering into the Contract with Belle Vie;

1.4 “Commercial Credit Trade Account Customer” means a Customer who has entered into an agreement called a Commercial Credit Trade Account with Belle Vie;

1.5 ‘Goods’ means any furniture and related products (including samples), and also including interior design service and any and all other ancillary or associated products supplied by Belle Vie to the Customer;

1.6 ‘Terms’ means these terms and conditions.

2. Contract

2.1 The Contract and these Terms constitute the entire agreement between Belle Vie and the Customer. All prior negotiations, representations, understandings, arrangements, and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.

2.2 The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any), unless Belle Vie agrees in writing to be bound by the Customer’s terms and conditions or any of them.

2.3 To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that Belle Vie otherwise agrees in writing PROVIDED ALWAYS if Goods are supplied by Belle Vie to a Commercial Credit Trade Account Customer, then the terms and conditions of sale incorporated into the Commercial Credit Trade Account shall prevail to the extent of any inconsistency or conflict with these Terms.

3. Prices

3.1 The price for the supply of Goods will be specified in the invoice or account issued by Belle Vie to the Customer.

3.2 Belle Vie may increase the price of Goods if the price increase results from the introduction of any legislation, regulation, or government policy.

3.3 Unless otherwise stated:

3.3.1 the price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST’);

3.3.2 the Customer will be required to pay to Belle Vie an amount equal to the GST (which will be included in the invoice or account issued) in addition to the price or any relevant other amount.

4. Delivery

4.1 The Customer will, unless Belle Vie and the Customer otherwise agree, bear the cost of delivery of the Goods.

4.2 Belle Vie will make all reasonable efforts to have Goods delivered to the Customer by the date agreed between the parties, but Belle Vie will not be liable for:

4.2.1 any failure to deliver, or delay in delivery, of Goods;

4.2.2 any damage or loss due to unloading or packaging of Goods; and

4.2.3 any damage to property caused upon entering premises to deliver the Goods.

4.3 All goods must be checked within 48 hours of receiving them, and any issues must be reported back to us within that time. Ensure items are as appropriate in terms of the type, quantity, quality, aesthetics, appearance, finish, shade, colours, layout patterns, suitability of purpose, and any other characteristic of the Goods.

4.4 If any Goods are damaged, wrongly supplied, or not in accordance with the Contract, the Customer may return those Goods in accordance with clause 6.

4.5 The Customer will be deemed to have accepted delivery of the Goods in the following events:

4.5.1 failure by the Customer to return Goods in accordance with clause 6; or

4.5.2 laying, installation, or use of the Goods in any way by the Customer.

4.6 The Customer will indemnify Belle Vie against any losses, costs, or expenses incurred by Belle Vie due to any failure by the Customer to accept the Goods at the time of delivery or collection.

5. Characteristics of Goods

5.1 The Customer acknowledges that Goods, which are outdoor furniture supplied by Belle Vie may contain, display, or be subject to any one or more of the following characteristics:

5.1.1 spots, specks, and blemishes; and

5.1.2 variations in colour, shade, marking, texture, durability, density, size, weight, dimension, surface, and finish, and may fade or change colour over time;

5.2 The Customer acknowledges that Goods, which are supplied in a natural finish by Belle Vie may contain, display, or be subject to any one or more of the following characteristics:

5.2.1 patination due to stored environment including spots, specks, and discolouration, which can be removed by cleaning with a soft cloth and suitable metal cleaning product;

5.3 The Customer acknowledges that Goods which contain, display, or are subject to any one or more of the characteristics referred to in clauses 5.1, 5.2, and 5.3 are not defective or of unacceptable quality by reason of any of those characteristics.

6. Return of Goods

6.1 Goods supplied by Belle Vie come with guarantees under Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is 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. Belle Vie cannot be held responsible for incorrect or damaged goods after this time. Please check carefully. The Customer may reject and return Goods to Belle Vie with proof of purchase, for a refund, exchange, or credit, provided that:

6.1.1 the Goods are damaged, wrongly supplied, defective, or not in accordance with the Contract, in line with clause 4.3;

6.1.2 the Goods are returned within seven days of receipt by the Customer of delivery from Belle Vie in respect of those Goods;

6.1.3 the Customer notifies Belle Vie of the invoice or account number in respect of the Goods to be returned;

6.1.4 the Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with all packaging and instruction material; and

6.1.5 the Goods are in as new condition as is reasonably possible and are from current stock held in store by Belle Vie and, if applicable, matching current stock shade, model, or finish.

6.1.6 in the event of a raw or organic product or finish (e.g. raw brass, concrete, etc.) that no claims are accepted due to natural patination or evolution of the product due to incorrect installation or care and maintenance routines. Belle Vie will review photos/videos supplied and will assess this case by case at its discretion.

6.2 All Goods returned by the Customer are subject to assessment by Belle Vie, and Belle Vie may refuse to accept the return of the Goods at its sole discretion. Belle Vie is not obligated to accept returned if the purchaser has had a change of mind or made a wrong decision. No returns can be accepted for custom-made items.

6.3 Unless Belle Vie and the Customer otherwise agree in writing, the Customer will bear the costs of delivery when returning any Goods.

6.4 Subject to the Customer’s rights under the Australian Consumer Law, the following Goods cannot be returned by the Customer to Belle Vie under any circumstances:

6.4.1 those that were specially made, sourced, ordered, or purchased for the Customer;

6.4.2 those that were used, installed, laid, damaged, or altered in any way by the Customer;

6.4.3 those that were sold to the Customer at wholesale or discounted prices, or as second grade or quality, or as ex-display items sold in as-is condition; or

6.4.4 those that are no longer in stock in store by Belle Vie or have been discontinued.

6.5 Goods returned in accordance with this clause will be subject to a restocking fee. The restocking fee will be up to 25% of the price (plus GST) agreed in the Contract for the relevant Goods.

6.6 Our samples are provided to you at no charge other than the cost of freight and handling. Therefore once you choose your sample, these products are not refundable.

7. Payment

7.1 Unless the Customer is a Commercial Credit Trade Account Customer and Belle Vie agrees in writing for the Customer to pay for Goods on the Customer’s Commercial Credit Trade Account, the Customer will pay for the Goods before the time specified by Belle Vie for delivery or collection of the Goods.

7.2 The Customer must pay for the Goods in cash, by cheque (for authorised Customers only), by credit card (excluding American Express and Diners Club), or by any other method of payment specified by Belle Vie.

7.3 Payment is only received by Belle Vie when it receives cash or when the proceeds of other methods of payment are credited and cleared to Belle Vie’s bank account.

7.4 The Customer may not assert or exercise any right of set-off against monies payable by it to Belle Vie.

7.5 Belle Vie may charge interest on amounts which remain unpaid for more than 14 calendar days. The interest rate will be seven percentage points above the cash rate target announced by the Reserve Bank of Australia from time to time. That interest will accrue and be recoverable from day to day.

8. Title and Risk

8.1 The legal and equitable title to the Goods will only be transferred from Belle Vie to the Customer when the Customer has met and paid all that is owed to Belle Vie on any account whatsoever.

8.2 The Customer acknowledges that until the Customer has met and paid all that is owed to Belle Vie on any account whatsoever, the Customer holds the Goods as bailee for Belle Vie and that a fiduciary relationship exists between the Customer and Belle Vie.

8.3 Risk in the Goods passes to the Customer upon delivery or handover (including all risks associated with unloading) or upon title in the Goods passing to the Customer, whichever is the earlier.

9. Limitation of Liability

9.1 If under the Australian Consumer Law or any other law any terms which apply to the sale of Goods under the Contract cannot be legally excluded, restricted or modified then those terms apply only to the extent required by law.

9.2 All terms, which would otherwise be implied by law or otherwise, are excluded except as stated in these Terms.

9.3 To the extent permitted by law, Belle Vie’s liability for any breach of the terms of the Contract, and any condition or warranty implied by the provisions of the Australian Consumer Law, is limited to and will be completely discharged by any one of the following as determined by Belle Vie in its absolute discretion:

9.3.1 the replacement of the Goods or the supply of equivalent Goods;

9.3.2 the repair of the Goods;

9.3.3 the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

9.3.4 the payment of the cost of having the Goods repaired.

9.4 Except as expressly provided in this clause and to the extent permitted by law, Belle Vie is not liable to the Customer (and any party claiming through the Customer) for:

9.4.1 any claim made after laying, installation, or use of the Goods;

9.4.2 any claim made with respect to or in connection with any of the matters referred to in clause 5;

9.4.3 any claim made under, or in connection with, the Contract, in tort, under statute, in equity, or otherwise in respect of any defects whatsoever in Goods for the loss or damage to person or property arising from or caused from such defects; and

9.4.4 any indirect, special, or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods where indirect, special, or consequential loss or damage includes:

(a) any loss of income, profit, or business; or

(b) any loss of goodwill or reputation.

10. Indemnity

The Customer will indemnify and keep indemnified and hold Belle Vie harmless from and against all liabilities, losses, damages, costs, or expenses incurred or suffered by Belle Vie, and from and against all actions, proceedings, claims, or demands made against Belle Vie, arising from one or more of the following:

10.1 the Customer’s failure to comply with any laws, rules, standards, regulations, or instructions applicable in relation to the Goods or the use of the Goods; and

10.2 any negligence or breach of duty by the Customer and its employees, agents, or contractors in relation to the Goods or the use of the Goods.

11. General

11.1 The Contract and these Terms are governed by the laws of the Commonwealth of Australia and the State or Territory in which Goods are supplied to the Customer, and the parties submit to the jurisdiction of the courts of the Commonwealth of Australia and the courts or tribunals of the applicable/relevant State or Territory, with any proceedings to be issued out of a court or tribunal of competent jurisdiction in or nearest to the capital of such State or Territory.

11.2 The rights and obligations of the parties will not merge on completion of any transaction under the Contract and these Terms or upon the execution of any other document in connection with the subject matter of the Contract and the Terms.

11.3 All rights under the Contract and these Terms are in addition to and do not abrogate, limit, or reduce any other rights that Belle Vie may have.

11.4 Any provision of the Contract and these Terms that is invalid, unenforceable, or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from the Contract and these Terms but only to the extent necessary to avoid that effect. All other provisions of the Terms continue to be valid and enforceable.

11.5 Unless otherwise specified, time is of the essence in the Contract.

11.6 Belle Vie may vary the Terms with reasonable notice to the Customer.

11.7 A right or obligation under the Contract and these Terms cannot be waived except by a document executed by the party waiving that right or obligation and specifying the waiver.

For any inquiries, please contact us at concierge@belle-vie.com.au