PAYMENTS
Full payment for products must be received by Gatsby Living prior to delivery being arranged
STORAGE
You must collect or take delivery of the products within 14 days of notification that the goods are available for delivery unless a prior arrangement has been made. If you fail to do so, Gatsby Living may charge reasonable storage fees.
DELIVERY
Full payment must be received by Gatsby Living prior to delivery being arranged. Delivery charges and estimated times will depend on where your product is being delivered. You must ensure correct delivery address and access details are provided to us. Gatsby Living may advise approximate delivery times (such as lunchtime, late afternoon, etc.) in good faith, however Gatsby Living are not responsible for traffic and delivery delays. Should no person be present to take delivery, the goods shall be re-delivered on another mutually agreed date and time and such re-delivery cost shall be borne directly by the client upon re-delivery of the goods. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address.
RISK AND TITLE
All risk in Gatsby Living products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Gatsby Living of full payment by either cash or clearance of funds into our bank account.
Warranty
Gatsby Living shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to other rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer. The Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. The Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: The Warranty will not apply if:
- Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Gatsby Living.
- The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
- The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
- The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
- The product is tampered with in any way.
- The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Returns
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be acceptable quality and the failure does not amount of a major failure.
In addition to the minimum conditions or warranties expressed or implied by the Australian Consumer Law relating to the sale of products of this kind in Australia, your store of purchase will provide additional warranty in support of the products purchased.
Consumer Guarantee remedies:
If there is a major failure with the product, the customer is entitled to:
- reject the product and get a refund;
- reject the product and get an identical replacement, or one similar in value if reasonably available;
- keep the product and obtain compensation from Gatsby Living for the drop-in value of the product caused by the major failure.
If there is a minor failure with the product, the customer is entitled, at the election of Gatsby Living, to:
- a refund of the cost of the product;
- replacement of the product; or
- have the product repaired within a reasonable time.
CANCELLATIONS AND CHANGE OF MIND POLICY
Gatsby Living shall not accept a cancellation if you simply change your mind, unless Gatsby Living chooses to do so at its absolute discretion. If Gatsby Living does accept such cancellation, the customer must pay an amount to Gatsby Living which in Gatsby Living’s reasonable view reflects the loss that Gatsby Living will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Gatsby Living shall set off this amount against any moneys already paid to us by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to Gatsby Living, the customer must pay such amounts to Gatsby Living within 7 days of Gatsby Living’s request to pay.
Changing my order
Please choose carefully. Most of our products (including Sofa, beds and furniture) can’t be resold once unwrapped, due to health or hygiene reasons.
Gatsby Living will not normally give refunds or offer exchanges or credits if you simply change your mind or make a wrong decision.
Cancellations
A cancellation fee of 30% is applicable on the total price when you cancel your order. You may not incur a cancellation fee if the goods are delivered damaged or if Gatsby Living isn’t entitled to charge a cancellation fee under any relevant legislation.
It’s your responsibility to inform the store of purchase of any change of address or contact details. To update your details, please contact your store of purchase.
Important: If a refund is granted, we’ll refund the original purchase price in the form of the previous method of payment indicated on the receipt (if possible), minus any delivery charges and / or cancellation charges.
Made to Order stock
Notwithstanding any other provision of these terms and conditions, products which are made to individual customer specifications, including custom made furniture items, which have to be ordered specifically for a customer cannot be returned if the customer decides the customer no longer wants the products.
How to make a claim
To claim under a Warranty or a consumer guarantee, you must return the product for repair/inspection to your store of purchase, and pay for the associated costs (including any freight and insurance charges), unless these costs are significant in which case we will arrange for the product to be assessed either at your premises or ours at our cost. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed, we require proof of purchase from you (that is, the original sales docket receipt or another acceptable form of proof of purchase). We will do our best to resolve the issue in a timely manner.
GENERAL
Products are for domestic use only unless otherwise specified. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall 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 and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the
products are purchased.