This agreement sets out the terms under which Trio Living Pty Ltd operating under the business name Marri & More ABN 11 670 885 604 (“Marri & More”, we, us, our) provides products or services to you (being the individual, company or legal person purchasing such products or services) (“the Customer, you, your”).
Marri & More reserves the right to modify these Terms and Conditions at any time with no notice. However, any contract signed before the modification will be subject to the Terms and Conditions that were in effect at the time of signing.
If the Customer orders, accepts or pays for any products or services after receiving or becoming aware of these terms, or otherwise indicates assent, then the Customer is taken to have accepted these terms.
1 ORDERS
(a) These terms will apply to all the Customer’s dealings with Marri & More, including being incorporated in all agreements, quotations or orders under which Marri & More is to provide ready-made and customised furniture products and homewares products (Goods) or services to the Customer (each an Order) together with any additional terms included in such Purchase Order (provided such additional terms are recorded in writing).
(b) Marri & More can arrange and assist with deliveries to different parts of Australia; please contact us directly to make such arrangements.
(c) Marri & More reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting an Order where the required delivery location is outside of Marri & More’s Serviceable Area.
(d) The Customer may place an Order for Goods with Marri & More in-store or via the Website for collection from the Marri & More warehouse (Collection Location) by the Customer or a carrier arranged and paid for by the Customer (Customer’s Carrier) in accordance with clause 4 if the required delivery location is outside Marri & More’s Serviceable Area.
(e) While Marri & More endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.
(f) It is the Customer’s responsibility to ensure that the Customer’s information included in the Order (including the Customer’s name, contact number and email address) is correct and to notify Marri & More of any changes to such information.
(g) All Orders require a minimum of 30% deposit at the time of placing the order. The customer may only vary the order within 3 business days within placing the order. Cancellation of an order will result in minimum 30% of the order amount being forfeited to cover Marri & More administrative costs incurred in canceling the order.
2 Goods
The Customer acknowledges and agrees that:
(i) Natural materials including leather, stone and wood (Materials) are used in the production of Goods available for purchase by the Customer and that as a result, the Goods may:
(A) vary in colour, shade, texture, finish from item to item and over time;
(B) expand, contract or distort due to exposure to cold, heat and weather; and
(C) be damaged or disfigured by staining, scratches or impact.
(ii) Marri & More will endeavour to ensure that the Goods provided will be substantially the same as the Goods displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Goods may not exactly match the image on the Website.
(iii) The Customer is encouraged to view a physical sample of the Goods in store prior to placing an Order.
(iv) The Customer is responsible for the use and care of the Goods once delivered or collected. Marri & More offers a range of products to assist with the care of their furniture, which the Customer can enquire about. Additionally, the Customer can ask us for advise on how to care for the product, we will be happy to provide guidance.
(v) Specifications of products on the Website are subject to change without notice. Dimensions are approximate only and are subject to variation.
3 DELIVERY
(a) Marri & More will contact the Customer when the Goods are ready for delivery (and where applicable, installation) (Ready Date) to book in a date for delivery (and where applicable, installation) (Dispatch Date). Marri & More reserves the right to nominate the Dispatch Date but will use all reasonable endeavours to nominate any preferred date that the Customer communicates to Marri & More.
(b) The Customer acknowledges and agrees that the Ready Date and/or Dispatch Date may be earlier than, or later than, any estimated delivery date provided to the Customer at the time of placing an Order, and the Customer will be bound by its obligations under this Agreement despite any such difference between the estimated delivery date and the Ready Date and/or Dispatch Date.
(c) For Goods to be delivered and installed (where applicable), Marri & More may charge the Customer for delivery and installation at any time (notwithstanding that it may not have previously done so) (Delivery Fee and Installation Fee). The Delivery Fee and Installation Fee (if applicable) is payable to Marri & More at the time of placing the Order or to the delivery driver on Delivery, as directed by Marri & More.
(d) Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Marri & More.
(e) Marri & More may accept or reject any request from the Customer to update the delivery address and will notify the Customer of the updated delivery fee if such request is accepted.
(f) Marri & More may accept or reject any request to change the Dispatch Date with 2 or more Business Days’ notice. If the Customer requested the change less than two Business Days before the Dispatch Date, the Customer will be charged a $50 administration fee and all pre-arranged delivery costs (if not already paid) and the cost of re-delivery.
(g) The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact Marri & More’s ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.
(h) If an act or omission by the Customer causes an issue with delivery and/or installation including where the Customer provides incorrect instructions regarding site access, the Customer will be liable to Marri & More for any additional charges incurred.
(i) If for any reason Marri & More is unable to fulfil a Customer’s Order or deliver the Goods to the Customer by the estimated delivery date or the Dispatch Date or at all, the Customer will be notified and may (at its discretion) cancel the Order and receive a refund of the price of the Goods or Marri & More Store Credit for the value of the Goods;
4 Collection
4.1 Changes to the Dispatch Date
Marri & More may accept or reject any request to change the Dispatch Date with 2 or more Business Days’ notice. If the Customer requested the change less than two Business Days before the Dispatch Date, the Customer will be charged a $50 administration fee.
4.2 Collection by the Customer
(a) The Customer must collect the Goods on the Dispatch Date.
(b) By placing an order for collection, the Customer acknowledges and agrees that:
(i) Goods can only be collected by providing a proof of purchase such as a receipt for the relevant item/s.
(ii) it is the Customer’s responsibility to load the Goods into its vehicle, secure the Goods at the Collection Location and to provide all necessary labour and materials required for such purpose;
(iii) aside from placing the Goods in the loading dock or near the Customer’s vehicle, Marri & More is under no obligation to assist the Customer to load or secure the Goods;
(iv) the Customer must sign a proof of collection document at the Collection Location to confirm that the Goods have been received in good order (that is, without obvious defects such as scratches) and must permit Marri & More to take photos of the Goods at handover; and
(v) the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Marri & More at that time.
4.3 collection by the carrier
Where the Customer has arranged for the Customer’s Carrier to collect the Goods, the Customer:
(a) must arrange for the Customer’s Carrier to collect the Goods on the Dispatch Date;
(b) acknowledges and agrees that:
(i) it is the Customer’s responsibility to pay all associated charges and insurances direct to the Customer’s Carrier;
(ii) the Customer must coordinate the collection of Goods with Marri & More at least 48 hours in advance of the Dispatch Date;
(iii) Goods can only be collected by providing a proof of purchase such as a receipt for the relevant item/s.
(iv) it is the Customer’s Carrier’s responsibility to load the Goods into its vehicle, secure the Goods at the Collection Location and to provide all labour and materials required for such purpose;
(v) aside from placing the Goods in the loading dock or near the Customer’s Carrier’s vehicle, Marri & More is under no obligation to assist the Customer’s Carrier to load or secure the Goods;
(vi) the Customer’s Carrier must provide written evidence of its authority to collect the Goods on behalf of the Customer to Marri & More on pickup;
(vii) the Customer’s Carrier will be required to sign a proof of pick up document at the Collection Location to confirm that the Goods have been received in good order (that is, without obvious defects such as scratches) and must permit Marri & More to take photos of the Goods at handover; and
(viii) the Customer’s Carrier, on behalf of the Customer has had the opportunity to inspect the Goods upon collection and raise any obvious defects with Marri & More at that time.
5 Failure to accept delivery or collection of the Goods
If the Customer does not accept delivery or collect the Goods within 14 days of the Ready Date, and provided that Marri & More has since attempted to contact the Customer using the Customer’s nominated contact details to arrange delivery or collection, a storage fee of $50 per week per item of Goods will be payable by the Customer until delivery or collection is arranged.
Storage fees will be incurred on a weekly basis until delivery or collection is complete and the Order will not be made available for collection or delivery until all storage fees are paid.
6 INSTALLATIONS
6.1 INSTALLATION
If installation (as a service by Marri & More) is specifically requested on a Purchase Order with a specific date/s (Installation Date), these terms will apply.
6.2 INSTALLATION DATES
Marri & More will be entitled to change the Installation Date:
(a) by giving the Customer 2 days’ notice; or
(b) on the date of the installation, if weather conditions, lack of access or other circumstances beyond Marri & More’s control, do not permit the installation to be carried out.
6.3 INSTALLATION REQUIREMENTS
On the Installation Date, the Customer must:
(a) be present at the site and, if reasonably requested by the Marri & More, remain there while the installation is being carried out;
(b) provide access to all areas of the site reasonably required to carry out the installation;
(c) ensure that the site is clean and ready for Marri & More to carry out the installation; and
(d) if the Customer is not at the site on the Installation Date and/or the site is not clean and ready and/or there is insufficient access to the site required to carry out the installation, Marri & More will be entitled to charge the Customer a call-out fee for each member of Marri & More’s personnel who were booked to attend the sit in addition to the costs of re-delivery and re-installation.
6.4 DAMAGE
(a) The Customer acknowledges the installation might occasion minor damage to the site. Where such damage occurs, Marri & More will use its best endeavours to repair the damage however will not be liable for any minor damage or for damage arising out of any pre-existing conditions of the site.
(b) Where the Customer incurs costs repairing any damage to the site occasioned during the installation, whether by employing third parties to conduct repairs or otherwise, Marri & More will not be liable for such costs, unless Marri & More agrees to remedy such damage in advance in writing.
7 PAYMENT
7.1 PAYMENT OBLIGATIONS
Unless otherwise agreed:
(a) If Marri & More issues an invoice to the Customer, payment must be made by the time specified on such invoice.
(b) In all other circumstances, the Customer must pay for all Goods and services on or prior to delivery.
7.2 GST
All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.
7.3 CARD SURCHARGES
Marri & More reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
7.4 Online Payment Provider
Marri & More may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
8 VOUCHERS, DISCOUNT CODES & GIFT CARDS
8.1 VOUCHERS & DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Goods (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
8.2 GIFT CARDS
(a) We may issue gift cards for use on our Website.
(b) Gift cards are valid online at our Website and are only redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
(c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Goods.
9 TITLE AND RISK
(a) Title to the Goods passes to the Customer when the price of Goods and all other amounts payable by the Customer to Marri & More is paid in full.
(b) Risk in the Goods will pass to the Customer when the Goods delivered or collected by the Customer or the Customer’s Carrier. Delivery and Collection may not be refused by the Customer.
(c) If the Customer does not pay for any Goods on the due date for payment, the Customer authorises Marri & More, its employees and agents to enter any premises occupied by the Customer or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or damage.
(d) Marri & More may at its option keep or resell Goods retaken from the Customer.
10 RETURNS, DEFECTIVE Goods, refunds and warranties
10.1 RETURN OF Goods
Marri & More will only accept returns of Goods if:
(a) the Customer complies with the provisions in this clause 10.
(b) the Goods are defective and the Customer complies with the provisions of Marri & More’s Warranty Policy, available at www.marrimore.com.au/warranty.
(c) Marri & More agrees in writing to accept return the Goods.
If the Customer fails to comply with the provisions of this clause 10 in respect of defective Goods, Marri & More may, in its discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause 10 is intended to limit the operation of any manufacturers’ warranties which the Customer may be entitled to or any rights of the Customer which cannot be excluded under applicable law.
10.2 Change of mind returns and exchanges
(a) Marri & More only accepts returns and exchanges due to change of mind for Homewares Orders. Marri & More does not accept returns or exchanges due to change of mind for Furniture Orders which can only be returned in accordance with clause 10.3.
(b) Homewares Orders can be returned or exchanged (subject to stock availability) by post or in person within 30 days of purchase where the Customer can provide proof of purchase, the Good is unused and in its original undamaged packaging with all tags and seals still intact and the Good is not a clearance, sale or seconds item.
(c) If Marri & More determines on inspection of a returned Good that the Good is not in a condition consistent with clause 10.2(b), we will refuse the return and send the Good back to you at the Customer’s cost (if applicable).
(d) The Customer is responsible for ensuring the Goods are appropriately packaged before postage (if applicable) and Marri & More will not accept returns where the Good is not received or received damaged. The Customer is responsible for the cost of delivery and re-delivery for change of mind returns and exchanges.
10.3 DEFECTIVE Goods
A Warranty claim needs to be lodged in accordance with Marri & More’s Warranty Policy, whereby:
If Marri & More will determine in its discretion:
(a) that the relevant Good is faulty and covered by warranty, Marri & More will provide the Customer with a repair, replacement or refund to the original payment method or store credit (valid for 3 years unless Marri & More agrees to an extension) (Refund) of the Good at its cost; or
(b) that the relevant Good is not faulty or is faulty due to the Customer’s fault or any exclusions set out in the warranty, Marri & More will refuse your warranty claim.
10.4 REFUNDS
In order to obtain a Refund for defective goods, the Customer must (unless otherwise directed by Marri & More):
(a) pack the relevant Goods in their original packaging including any accessories, manuals, documentation or registration shipped with the Goods; and
(b) return the Goods to Marri & More either in-store, or via courier subject to clause 10.5.
10.5 PICK-UPS
Marri & More may arrange a pick-up and advise the Customer of the date of pick-up. Pick-up times are generally between 10am and 5pm Monday to Friday. The Customer must ensure someone is in attendance at the pick-up point on the allocated date.
10.6 WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
11 LIABILITY
11.1 liability
(a) To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to Marri & More under the most recent Purchase Order.
(b) The limitation of liability in clause 11.1(a) does not apply to the Customer’s liability in respect of loss or damage sustained by Marri & More arising from the Customer’s:
(i) breach of third party intellectual property rights;
(ii) breach of any of these Terms; or
(iii) negligent, wilful, fraudulent or criminal act or omission.
11.2 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Marri & More, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
12 GENERAL
12.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
12.2 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
12.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
12.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
12.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
12.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
12.7 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
12.8 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
12.9 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
12.10 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
For any questions about this agreement, please contact your Marri & More Representative; or via:
Website: https://marrimore.com.au/
Email: sales@marrimore.com.au
Phone: 0416 522 777