TERMS AND CONDITIONS FOR E-SALE AND PHYSICAL SALE FROM OUR PREMISES
Client and Purchaser means the users who are given the opportunity to purchase the Goods or Services;
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights;
Firanza shall mean; Firanza Group Pty Ltd ACN 622132585 T/As “Firanza Bathroom collections” herein refered to in these Terms and Conditions as “Firanza”;
Website means the website www.firanzabathroomcollections.com.au or any other website owned or operated by Firanza;
You and your refer to an individual, company or organisation that has visited, read or is using the Website and/or the its associated products or services.
1. About the Website
1.1 The Website is a platform that provides technology powered legal facilitation products and services to Clients, which includes, but is not limited to:
1.2 The Website is provided and operated by Firanza. Access to and use of the Website, or any of its associated products and/or Services, are provided by Firanza and/or relevant third parties. Access to and use of any third party products and/or services through the Website are subject to these terms and conditions (the “Terms“) and any third party terms referenced herein or brought to your attention during your use of the Website and/or its associated products or services.
1.4 Firanza reserves the right to review and change any of the Terms by updating this page at its sole discretion at any time. Any changes to the Terms will take effect immediately from the date of their publication. Your access and use of the Website after Firanza makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and any of its associated products or Services immediately.
2.1 If a Client is unsatisfied with the products the Client has purchased, the Client may notify Firanza within 7 days of purchase and Firanza will attempt to resolve the Client’s concerns. Firanza, at its sole discretion, may provide a refund of the fee to you only if:
i. The product is in its original condition including its original packaging; and
ii. Proof of purchase such as receipt or invoice; and
iii. Delivered to Franza’s premises at the cost and expense of the client and
iv. A deduction of 20% of the purchase price shall apply as a re-stocking fee.
2.2.2 Delivery is purely at the client’s sole risk, cost and expense. Firanza may arrange delivery for a fee upon the client’s request
2.2.3 It is the client’s sole responsibility at the time of pickup from Firanza’s warehouse and delivery at the client’s warehouse to check, examine and generally ensure that the goods are in accordance with the order, are fit for the purpose and in accordance with the client’s specifications;
2.2.4 If a client accepts delivery, it shall be a prima facie evidence that the goods delivered are not damaged, are in its original packaging, fit and proper for the purpose and in accordance with the client’s order.
4.1 Payment for any produce or service shall be on pick up or delivery either by way of Cash on Delivery (COD) or Credit Card, or Electronic Funds Transfer (EFT) unless an Application for Credit has been approved by Firanza.
4.2 Title to products shall not pass to the purchaser until full payment is received by Firanza and Firanza shall hold title to products until full payment is received.
3.1 Firanza warrants the the goods sold either directly from its premises or via its website are merchantable. Firanza promises that the goods, as they are described in this website, pass without objection in the Bathroom Collections trade, are fit for the ordinary purpose for which they are normally used, are adequately contained, packaged, and labeled, and conform to any description made on the package or label.
3.2 Firanza further warrants that:
(1) that they are the rightful owner of the property; and
(2) have a legal right to transfer the title to the client; and
(3) that the goods are free and clear of all liens; and
(4) that there are no outstanding claims on the goods from any type of creditor using it as collateral.
(5) Firanza guarantees that its title to the goods would withstand any third-party claims to ownership of the property;
(6) Firanza will do whatever is necessary to make good the client’s title to the property
3.3 Product Warranty
3.3.1 Product warranty is generally stated at the package of each individual produce.
3.3.2 Firanza undertakes to honour the product warranty as stated on the product package, provided, the client complies with clause 2 of these Terms and Conditions.
4. Confidential Information
4.1 In this clause, “Confidential Information” means any documents or information created, received or obtained by the Client from or on behalf of the Client, Firanza or any other party in respect of any sale of products or services. In relation to Firanza, it also includes all non-public information pertaining to Firanza’s business (including, without limitation, our pricing information, the identity or participation of specific Legal Professionals, and any content marked confidential) is Confidential Information.
4.2 By accepting the Terms, you acknowledge and agree that you will not, during the course of the engagement or thereafter, use, disclose, solicit, or misappropriate any Confidential Information, trade secrets, or other proprietary information that belongs to any third-party, except with the prior written consent of that party or as required by law.
5. Third Party Website
(a) Firanza works with a number of partners and affiliates whose websites are linked with Firanza and are controlled by parties other than Firanza (each a “Third Party Website”).
(b) Firanza is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. Firanza makes no guarantees about the content or quality of the products or services provided by such sites.
6. General Disclaimer
6.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(a) If you are not a Consumer (under the Australian Consumer Law), you agree that Firanza has no direct or indirect liability (including in negligence) to you in any way related to your use of this website.
(b) If you are a Consumer (under the Australian Consumer Law), Firanza limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
(c) Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Firanza’s liability to you is limited at its option to:
(i) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
(ii) in the case of services, resupply of the services or payment of the cost of re-supplying the services.
(d) we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(e) we will not be liable for any liabilities, claims, costs and expenses (including legal costs), damage or injury or any special, direct, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.2 Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Firanza make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Firanza) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Firanza;
(d) the Content or operation in respect to links which are provided for your convenience; or
(e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7. Limitation of Liability
7.1 Firanza’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed:
(a) the purchase price paid by you to Firanza for the purchase of the Services or Goods under these Terms;
7.2 You expressly understand and agree that Firanza, its affiliates, employees, agents, contributors, third party content providers and licensors shall not liable to you for any
loss or damage, or for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3 Firanza is not responsible or liable in any manner for any user content or other content posted on the Website or in connection with the Goods or Services, whether posted by the Client or by any other third parties.
7.4 Firanza does not control and is not responsible for the behaviours and actions of its clients, their comments, posts or information that they upload. Accordingly, Firanza is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website.
7.5 Firanza will have no liability for any failure or delay due to matters beyond our reasonable control.
8.1 You agree to indemnify Firanza and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Services, including but is not limited to:
(a) any misuse of the Website by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
9. Dispute Resolution
9.2 If a dispute arises between the Client and Firanza, the Client and Firanza agree to deal with the disputes pursuant to the dispute resolution procedures specified in the Costs Agreement (if applicable).
9.3 Where there are no dispute resolution procedures specified in the Department of Fair Trading Dispute Resolution process, then you agree to comply with the following:
(a) Either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) A party to this Contract claiming a dispute (the “Dispute“) has arisen under the terms of this Contract, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the “Notice“).
(c) On receipt of the Notice by the other party, the parties to the Terms (the “Parties“) must within Fourteen (14) days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(d) If for any reason whatsoever, twenty-eight (28) days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society or Law Institute in the State or Territory where the Legal Professional is situated or his or her nominee and attend a mediation.
(e) It is agreed that mediation will be held in the nearest capital city in which the Legal Professional is situated. In the case of a dispute with Firanza, Sydney Australia.
(f) For the avoidance of doubt, the Parties need not attend the mediation or other means of resolution in person. The Parties may attempt to resolve the matter via any means of electronic communications.
(g) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(h) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
(i) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
(j) In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing. Notices to you shall be deemed to have been properly given three (3) calendar days after the date posted.
Nothing in this contract is intended to create a partnership, joint venture, agency or employment relationship with either the Client or Firanza.
11. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Venue and Jurisdiction
The Goods and Services offered by Firanza are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue and jurisdiction for resolving any dispute shall be in the courts of New South Wales, Australia and the venue shall be Sydney Australia.
13. Entire Agreement
The terms constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.
The Terms will be enforced to the fullest extent permitted by applicable law.
If any part of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
15.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
15.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
15.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
16.1 Firanza may assign or transfer its rights or obligations under these Terms without your consent.
16.2 You may not assign or transfer your rights or obligations under these Terms without prior written consent of Firanza. A purported assignment without written consent will be deemed to be void and convey no rights.
17. Limitation of action
You agree that any cause of action related to or arising out of your relationship with Firanza must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither party will disclose to any third party details of this agreement or any of the negotiations undertaken in relation to this agreement without the prior written consent of the other.
If you wish to notify us about anything relating to the Terms, please contact us on (02) 9683 6386 or through our website “Contact” www.firanzabathroomcollections.com.au or at general inquiry email [email protected]