Terms and Conditions These Terms and Conditions of Sale (Terms) apply to all purchases of any Cane-line product/s. We, Cane-line Australia and similar expressions, refer to Cane-line Australia Pty Limited (ABN 25 160 095 189). You, and similar expressions, refer to you, Cane-line Australia’s customer or prospective customer.
WEBSITE While Cane-line Australia aims to ensure that the information about products and pricing is correct on the website, sometimes errors do occur. The website is for information purposes only. While Cane-line Australia has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain price errors, technical inaccuracies or typographical mistakes. Cane-line Australia does not accept any responsibility for any error, omissions or defects in the information provided on the website.
PLACING AN ORDER Cane-line Australia reserves the right to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you. When a deposit is received by Cane-line Australia relating to your purchase of the Products, the order becomes immediately binding on Cane-line Australia and you agree to all the terms and conditions set out in these Terms. When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.
PRICES The prices for Products are in Australian dollars and inclusive of GST. Delivery and additional services will be charged in addition to the price of the Product. All additional costs payable by you pursuant to these Terms are payable to Cane-line Australia. If we discover an error in the price or payment of any product, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If, in these circumstances, the order is cancelled, and you have paid a deposit for the product, we will provide you with a full refund of the amount.
PAYMENT A deposit is required at the time of placing the order. Where the items are in stock and immediately available, full payment is required. We will notify you of the deposit required before we process the order. Full payment must be received into Cane-line Australia’s bank account before final delivery can be organized. Payment can be arranged by Bank Transfer/Credit or Debit Card/Cash. Company or personal cheques are not accepted for the purchase of any products. You are responsible for any costs incurred in arranging payment for the products, which include without limitation bank transfer fees and related charges. The reference to ‘full payment’ means the price of the products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the products. At the time that you place your Order and pay the deposit for that Order, we will issue you with a document that specifies the details of your Order. This document becomes a proof of purchase upon your full payment.
RISK AND TITLE All risk in Products passes to you on delivery, which is when:(a) if we deliver the Products to the delivery address, at the time just prior to when the Products are unloaded at the delivery address or (b) if you nominate to arrange for the Products to be collected from the Cane-line Australia warehouse or showroom, just prior to the Products being loaded onto transportation. All title in the Products passes to you on receipt by Cane-line Australia of the full payment for the Products and all other charges payable by you pursuant to these Terms.
DELIVERY The estimated delivery date will be arranged with you in advance however, you must not defer the estimated delivery date without Cane-line Australia’s prior written consent. The estimated delivery date in these Terms applies to the delivery of the Products and/or the collection of the Cane-line furniture, as these services apply to you, where you have prearranged these and Cane-line Australia has confirmed these in writing to you.
PROVIDING THE CORRECT ADDRESS You must ensure correct delivery address details are provided to Cane-line Australia at the time of order placement and notify Cane-line Australia in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, as is applicable to you. You must be available in person to accept the delivery of your order.
RECEIVING YOUR FURNITURE Products will be delivered, only if a person aged over 18 years and who is able to accept delivery, is present at the delivery address at the time of delivery. Should an appropriate person not be available to accept delivery on the pre-arranged delivery date and time or in the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made, and delivery and/or collection (as is applicable to you) cannot be made, you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted Cane-line Australia furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by Cane-line Australia as a result of difficulties.
CANCELLATION OF ORDER Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. If you cancel your order Cane-line Australia rescind the contract of sale of the Products by notice to you and you agree to forfeit the full deposit amount and forfeit any further claims on the Products. Pursuant to the relevant provisions of the Australian Consumer Law, which is located within Schedule 2 of the Competition and Consumer Act 2010
DELAY IN DELIVERY OF YOUR FURNITURE Cane-line Australia will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond Cane-line Australia’s reasonable control. We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, Cane-line Australia’s liability will be limited, at Cane-line Australia’s option, to resupplying the Products at a different time. If at any time after receiving an order from you, Cane-line Australia, its suppliers, subcontractors, manufacturers or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Cane-line Australia from supplying some or all of the Products set out in an order by the estimated delivery date, Cane-line Australia may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you. In this paragraph (a) ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Cane-line Australia’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time Cane-line Australia receives an order from you and (b) ‘Insolvency Event’ means any one or more of the following events: (i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so (ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up; (iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business; (iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.
PRODUCT VARIATIONS AND SPECIFICATIONS Your Product may exhibit different characteristics to the sample in the Cane-line Australia showroom or images on the Cane-line Australia website. Colour swatches and samples are an approximate guide. To the full extent permitted by law, we reserve the right to change dimensions, design and construction without prior notice. Please remember that our designs are hand-crafted, unique pieces, therefore they may contain variations in grain, colour, size or texture. Variations such as these are not considered as a fault.
INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS You must inspect your Products when you take delivery and you will be required to note any damage on the delivery documentation which is presented to you for signing upon delivery. In all cases, to make a claim you must notify Cane-line Australia of any damage to the Products or shortages in delivery within 24 hours of delivery by contacting Cane-line Australia (07) 3852 5225, or by sending an email to firstname.lastname@example.org.The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Cane-line Australia is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms. Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products. Cane-line Australia reserves the right to engage third party suppliers to deliver, assemble and collect Products. Where Cane-line Australia engages a third party supplier, to the extent permitted by law, Cane-line Australia excludes all liability for the acts omissions and negligence of the third party supplier, including any loss of, damage to or loss of use of any Products or any real or personal property that is caused by the third party supplier. If a third party supplier causes you to suffer loss or damage, you must resolve that issue with the third party supplier.
INTELLECTUAL PROPERTY 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 Cane-line. You will not knowingly allow any intellectual property belonging to Cane-line to be reverse engineered, pirated or copied or breached in any other manner. Cane-line may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Cane-line’s intellectual property rights.
GENERAL Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Cane-line Australia and you for the purchase of the Products. If any part of these Terms are 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 continue to be enforceable and valid.