TERMS & CONDITIONS
The premiergroup.com.au website is owned and operated by Premier Furniture Supplies Pty Ltd (ABN 19 072 548 700); hereafter ‘Premier’.
- By using or accessing the Premier website, the customer acknowledges that they have read, understood, and agree to be bound by these Terms & Conditions.
- Premier is located in the state of New South Wales, Australia. As such these Terms & Conditions are governed by the laws of the State of New South Wales.
- The failure by Premier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Premier’s right to subsequently enforce that provision. 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.
- Premier 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 Premier of these terms and conditions (alternatively Premier’s liability shall be limited to damages which under no circumstances shall exceed the price of the goods).
- 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.
Changes to Terms & Conditions
- Premier may revise or amend these Terms & Conditions at any time and such revisions will be effective immediately.
- These terms and conditions may only be amended with Premier’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the customer and Premier.
- The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the goods.
Change in Control or Ownership
- The Customer shall give Premier no less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, email or business practice). The Customer shall be liable for any loss incurred by Premier as a result of the Customer’s failure to comply with this clause.
- Premier has made every effort to ensure the accuracy of prices, images and information displayed on this website,
- By placing an order the customer agrees to pay for and accept delivery of the goods as ordered.
Cancellation of an Order
- If a customer wishes to amend or cancel an order, this must be arranged promptly. Written confirmation of the change/cancellation must be provided prior to the goods being dispatched to the customer.
- Premier reserves the right to reject an order for any reason, including but not limited to if the products are not available, if there is an error in the description or price of the requested products as advertised or if there is an error in the customer’s order.
- If a customer’s order is rejected by Premier, staff will endeavour to notify the customer by email at the time the ordered in placed or within a reasonable time thereafter. The customer will be given the option of reconfirming their order, changing their order or cancelling their order. If Premier staff are unable to contact you, the order will be treated as cancelled. If the order is cancelled and the customer has already paid for the products, they will receive a full refund.
- All prices are in Australian dollars and are exclusive of GST (NETT)
- Premier may change prices listed on the website at any time. The price that you agree to is the price that is processed during checkout and payment.
- Prices and availability of items are subject to change without notice.
- The customer is responsible for ensuring that all details provided to Premier at the time of order are current, correct and complete.
- The customer agrees that they are an authorised user of the payment account or card used to pay for the order.
- Unless a customer has a current signed credit agreement with Premier, goods will not be dispatched unless payment has been successfully received. If the customer’s payment is unsuccessful, Premier may notify the customer and cancel the order, unless an alternative payment method is provided.
- If a customer’s order is processed by Premier, they authorise Premier to debit the amount that is payable for the order from their nominated payment method, to pay for the purchase price of the products and any applicable fees and charges.
- Direct deposit payments are accepted, however goods will not be dispatched until payment is received. To avoid delays we recommend sending a confirmation of payment by email to firstname.lastname@example.org.
- Payment by cheque is not available for online purchases via premiergroup.com.au. Cheque payment is only possible for purchases at the counter (Revesby showroom) or provided to our Premier driver, however payment by cheque must be agreed to in advance. Payment by cheque is not possible if an order is being delivered via a courier. Please note: customers who provide a cheque, which is dishonoured, will incur a $25.00 dishonoured cheque fee. A repeat infringement will result in the inability to make payment via cheque in the future.
- All product images on the Premier website are for illustration purposes only. Colours, shades and packaging may therefore vary from product image and/or description.
- Colour images and swatch charts available on the Premier website should be considered a close rendition to the actual colour, however they cannot be considered 100% accurate due to variation between computer monitor settings.
- Premier has made every effort to provide an accurate description of the different foam grades and the best recommendations based on the application (if selected). As selecting foam is highly preference-based, Premier cannot accept returns for change of mind on custom cut foam orders. If a customer is unhappy with the feel of their foam, they can contact Premier to discuss an alternative or solution at an additional cost, however a restocking fee may be applicable.
- As all custom cut foam is cut to the dimensions provided, it is the customer's responsibility to measure accurately. Premier recommends that customers make full use of the guides available to assist them in obtaining and entering the correct measurements. If a customer believes their foam has been cut incorrectly it is recommended that they contact the Premier team promptly upon receipt, to discuss this further.
Delivery of Goods
- Delivery of the goods is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession of the goods at Premier’s address; or
(b) Premier (or Premier’s nominated carrier) delivers the goods to the Customer’s nominated address.
- Any time or date given by Premier to the Customer is an estimate only. The Customer must still accept delivery of the goods even if late and Premier will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
- All orders requested for delivery (including Sydney, interstate, intrastate and international) will incur a freight and handling charge, dependant on delivery location and volume of order.
Minimum Order Value / Small Order Fee
- Premier has a minimum order value of $100.00 in stock (this minimum excludes GST and delivery).
- If the customer wishes to proceed with a small order (under $100.00 in value), they will be obligated to pay a small order-handling fee of $20.00+GST. This small order fee will be charged in addition to the calculated delivery fee.
- Whilst Premier endeavours to dispatch all stocked items within 24 hours from receipt of order, delivery times cannot be guaranteed. An estimated delivery time can only be provided once the order has been picked and courier has been booked.
- Once dispatched with a courier, deliveries are in the hands of the designated freight company. Premier will advise the freight carrier and consignment note number by email. The customer is able to track the consignment and call the carrier for a more accurate ETA (Estimated Time of Arrival) on the order.
- Premier cannot schedule a customer’s delivery with the freight company. Premier is also unable to request for a courier to call on approach.
- Premier only uses our own driver or courier services for delivery. Premier orders are not dispatched with Australia Post. As such it is not possible to deliver to Post office boxes. The customer is required to provide a residential or business street address at the time of order.
Authority to Leave Goods
- Where possible, Premier recommends that customers use a work address (including business name), where someone will be present to sign during regular business hours.
- The customer has an option at the time of order, to give an ‘Authority to Leave’ the items without a signature. In order to avoid delays, Premier recommends providing this authority, if there is a chance that no one will be at the address.
- Premier recommends that any specific instructions, regarding where the goods are to be left should be included under delivery comments, at the time of order. Premier will include these instructions when booking the courier, however Premier cannot guarantee that the courier will follow these instructions.
- Premier does not accept responsibility if goods are damaged or stolen as a result of order being left, if an authority to leave is provided.
- The re-delivery process and re-delivery fees are dependent on the courier company who the order was dispatched with.
- In the event that no one was available at the delivery address to sign for the goods, and authority to leave has not been Premier reserves the right to pass on all courier fees related to the attempted delivery of an order.
- If a delivery has been attempted, most courier companies will leave a note card advising of their attempt. The goods will then be returned to the depot. Some courier companies will contact the customer to arrange re-delivery, however this is not guaranteed.
- If a customer receives a card from a courier, Premier recommends that they contact the courier company directly to arrange a suitable re-delivery time. At this stage, the customer may also be able to give the courier an authority to leave, in case the address is unattended again. To potentially avoid a re-delivery fee, the customer may wish to enquire with the courier company regarding whether they allow for orders to be collected from the nearest depot.
Freight Extra Charges
- From time to time, extra freight charges may apply outside of the quoted amount displayed on the website. This can be due to: dangerous goods, bulky items, remote locations etc. Unfortunately these charges are set by the courier companies and in these circumstances we will be unable to honour the original freight quote.
- We will advise you of any additional charges in advance (before dispatch) and you can choose one of the options below:
- Accept the charges, and proceed with the order (we will charge you the extra amount)
- Arrange your own courier to collect (at your own expense). We will refund your delivery amount.
- If you do not wish to proceed with the order, we can cancel your order and arrange a full refund.
Damaged or Misplaced Delivery
- Premier requires the damage or loss to be reported as soon as it is noticed. If an item is received that the customer believes has been damaged in transit, the customer is not obligated to sign for the goods, the driver will return the goods to the depot and lodge a damaged goods report.
Collection by Own Courier
- Premier allows customers to organize their own courier to collect goods. If this arrangement is preferred, the customer must notify Premier to confirm. Premier will advise if items are available and provide an indication of when the goods will be picked, packaged and ready for collection.
- Premier requires the customer to advise the name of the courier company collecting and provide us with any reference numbers/documentation required by the courier company to fix to the goods in advance.
- Risk of damage or loss of the goods passes to the Customer on delivery and the Customer must insure the goods on or before delivery.
- If the goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Premier is entitled to receive all insurance proceeds payable for the goods. The production of these terms and conditions by Premier is sufficient evidence of Premier’s rights to receive the insurance proceeds without the need for any person dealing with Premier to make further enquires.
- If the Customer requests Premier to leave goods outside Premier’s premises for collection or to deliver the goods to an unattended location then such goods shall be left at the Customer’s sole risk.
Claim, Defects, Warranties & Returns
- The Customer is responsible for inspecting the goods on pick-up or delivery and must within seven (7) days of obtaining the items notify Premier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the goods as soon as reasonably possible after any such defect becomes evident.
- Premier staff may require a photograph to demonstrate the fault and identify the issue.
- Premier shall not be liable for any defect or damage which may be caused or party caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any goods;
(b) the Customer using the goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of the goods after any defect became apparent or should have become apparent to a reasonable prudent operator or user;
(d) the Customer failing to follow instructions or guidelines provided by Premier;
(e) fair wear and tear, any accident, or act of God.
- Premier does not offer returns for change of mind on special order items such as special-order fabric or custom-cut foam. Please see further information regarding this under Disclaimers.
- Premier may in its absolute discretion accept non-defective goods for return. Returns will only be accepted with prior approval, quoting invoice/s numbers and subject to acceptance at our warehouse/s in re-saleable condition. At the time of approval Premier will advise the mode of transport should they be (through prior agreement) responsible for the freight costs.
- For non-defective returns, Premier may require the Customer to pay handling fees of up to thirty percent (30%) of the value of the goods plus any freight costs to cover costs of sorting, re-stocking and return transportation.
- All returns are subject to items being returned in their original packaging and, unless they were damaged prior to the customer receiving them, must still be in an unused and saleable condition.
- Only once returned items are received can a replacement, exchange or refund be arranged.
- Premier may use this information for purposes including but not limited to, understanding and measuring customer’s online experiences and determining what products, promotions and services are likely to be of interest to customers. Customers can manage how their browser deals with cookies via their personal browser settings.
- The content on the Premier website is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
- With exception to supplier or third party websites, unless otherwise referenced, all content, images and media are property of Premier.
- The intellectual property and content on the Premier website is only to be stored, printed or displayed, solely for personal use. This content is not permitted to be published, manipulated, distributed or otherwise reproduced, in any format, or for use in connection with any business or commercial enterprise.
Links to External Websites
- The Premier website may contain information from or hyperlinks to internet websites operated by external parties. Such information or websites are not under the control of Premier and Premier is not responsible for the contents or information provided on these external websites. Premier provides information and hyperlinks to customers as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Premier. The customer can use external information or websites at their own risk.