Terms & Conditions

These terms and conditions govern the Customer’s purchase of goods from Flooring Clearance Warehouse, made both verbally or in writing.

Payment terms

• The Customer must pay for goods in full at the time of purchase through the online checkout PayPal function using either credit or debit card.
• Goods will not be dispatched until payment has been made in full.
• Prices that apply are those advertised on the Supplier’s website at time of purchase. Prices are subject to change without notice including market fluctuation, amendments to tariff and taxation rates and movements in international exchange rates.
• The Supplier charges a flat rate of $100 including GST for transporting the goods from the Supplier’s warehouse to the Customer’s nominated delivery address or freight forwarder.

Jurisdiction

• The Customer acknowledges and agrees that these terms and conditions shall be governed by the laws of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland.
• The Supplier and Customer submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Formation of contract

• Goods advertised on the Supplier’s website (the Site) for sale shall not be construed as an offer or obligation to supply in accordance with the advertisement. The Customer makes an offer by placing an order for the goods through the Site. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it. The Supplier accepts the offer by issuing a tax invoice for the Customer’s goods.

Delivery

• Refer to delivery details as advertised on the Site. Delivery times are not guaranteed by the Supplier.
• Delivery times are between 7:00am and 5:00pm Monday to Friday (except public holidays) and will be arranged by a Supplier representative.
• The Customer must provide adequate unloading facilities and labour (including a forklift where required).

For deliveries in Sydney Metro, Melbourne Metro and Brisbane Metro areas (capital city areas) where the Customer fails to provide adequate unloading facilities and labour, the goods will be retained by the Supplier until the Customer confirms with the Supplier, acknowledgment of their requirement to provide adequate unloading facilities and labour. The Supplier may charge an additional fee for re-delivery.

The Customer agrees that any person at the nominated delivery address who accepts and signs for delivery of the goods is authorised to do so.

• The Supplier is not liable for any failure to deliver or delay in delivery for any reason including, without limitation:
• act of God, lightning, fire, flood or explosion;
• strike, lock‑out or other labour difficulty;
• breakage or accident or other damage to machinery;
• unavailability or shortage of stock from the Supplier’s suppliers; or
• failure or inability to obtain licences or the effect of any applicable laws, orders, rules or regulations of any government or competent authority.
• If the Supplier determines that it is or may be unable to deliver within a reasonable time or at all the contract may be cancelled by the Supplier. If the contract is cancelled, the Customer will have no claim against the Supplier for any damage, loss, cost or expense.
• If the Supplier determines it is unable to deliver the goods, the Customer will be refunded the amount of the goods ordered less the delivery charge and transaction charges incurred by the Supplier from PayPal (or other online payment platform used from time to time) our financial institution (transaction charges).
• If the goods received by the Customer are damaged in transit:
  • the Customer must report the damage to the delivery company as soon as it becomes aware of the damage; or
  • if the Customer believes the damage cannot be repaired or the damage is unacceptable, refuse to accept the goods from the delivery company.
• For delivery in Sydney metro, Melbourne metro and Brisbane metro (capital city areas):
  • The Supplier will deliver the goods to the nominated delivery address; and
  • Risk of loss and damage passes to the Customer upon arrival of the goods at the nominated delivery address.
• For delivery outside capital city areas:
  • The Supplier will deliver the goods to the dispatch location (e.g. Freight Forwarder) nominated by the Customer;
  • The Customer shall be responsible for collection of the goods from dispatch location and delivery to the address outside of capital city areas; and
  • Risk of loss and damage passes to the Customer upon delivery of the goods to the dispatch location.

Claims for Wrongful Delivery

• Any claim by the Customer for short or wrongful delivery of goods must be notified to the Supplier in writing within 14 days of delivery of the goods. Any claim which the Customer does not notify within that time (time being of the essence) will be taken to have been absolutely waived.

Cancellation

• The Customer may only cancel an order before the goods are dispatched by emailing fcw.enquiries@gmail.com.
• If the Customer cancels an order in accordance with clause 18 then the Customer will be refunded in full less the transaction charges.

Description

• The description of the goods is given by way of identification only and the use of that description does not constitute a sale by description.

Sale by Sample

• The Customer acknowledges that no sale made under these terms and conditions constitutes a sale by sample. Samples may vary from actual production.

Multiple Deliveries

• The Supplier reserves the right to deliver by one or more deliveries, depending on the size of the goods ordered, at the Supplier’s discretion.

Returns

• Goods delivered to the Customer may be returned on the following basis:
• factory damaged or defective goods may be returned to the Supplier, and a credit or replacement (if available) or full refund (minus transaction charges) will be provided to the Customer if the Supplier is liable for the damage or defect under any implied term for express warranty contained in these terms and conditions;
• other than in accordance with paragraph (a), prior written approval is received from the Supplier quoting an authorisation number.

Taxes and duty

• The Customer must pay GST on any taxable supply made by the Supplier to the Customer under these terms and conditions. The payment of GST is in addition to any other consideration payable by the Customer for a taxable supply.
• If as a result of:
• any legislation becoming applicable to the subject matter of these terms and conditions; or
• any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on demand.

Statutory Warranties

• To the fullest extent permitted by law, the Supplier’s liability under any guarantee, condition or warranty  (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms and conditions by any legislation (Statutory Warranties) is hereby excluded.
• Where the Supplier is liable under any Statutory Warranties, liability for any breach is discharged, at the Supplier’s discretion, by:
• Replacement of the goods or supply of equivalent goods;
• The repair of the goods;
• Payment of the cost for replacing the goods or acquiring equivalent goods;
• Payment of the cost of having the goods repaired; or
• If the breach relates to services, the supply or providing the cost of having the services supplied again.

Miscellaneous

• The Supplier is not liable for any loss caused to the Customer by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.
• The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer.

Severance

• If any provision of these terms and conditions is not enforceable in accordance with its terms, other provisions which are self‑sustaining are, and continue to be, enforceable in accordance with their terms.
• If any part of these terms and conditions is invalid or unenforceable, that part is deleted and the remainder of these terms and conditions remain effective.

Variation

• The Customer agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time without notice to the Customer. Any chances to these terms and conditions will be effective 5 days are publishing on the Supplier’s website.

Registration

• In order to access the Site the Customer must become a registered user by providing certain information required on the registration page.
• The Customer agrees that all information provided for registration is correct, current and complete. If the Supplier believes the information is not correct, current or complete, the Customer may be refused access to the Site or access may be suspended at any time at the Supplier’s discretion.

Security

• Any password used by the Customer for the Site is for individual use only and the Customer is responsible for the security of their password. The Supplier is entitled to monitor the Customer’s password and at its discretion:
  • change it; or
  • where the Supplier considers it insecure, require the Customer to change it.

Cookies

• The Supplier may utilise “cookies” to monitor traffic patterns on the Site. The cookie does not personally identify the Customer.
• The Customer can change their browser settings to either accept or reject cookies.

Virus

• The Supplier is not responsible for any damage to the Customer’s computer system which has a traceable connection with the Customer’s use of the Site or any linked website. The Supplier will take all reasonable measures to ensure the website is free from any virus, worm, Trojan horse or malware.

Other Links

• The Supplier is not responsible for any content or privacy compliance of any third-party website that may appear on the Site as a hyperlink. The hyperlinks are provided by the Supplier for the Customer’s convenience only.

Intellectual Property

• The Customer acknowledges and agrees that all content, including trademarks, text, images, graphics and information is owned by the Supplier and may be protected by copyright, trademark and other intellectual property rights.
• The Customer must not copy, reproduce, modify, republish or distribute in any form the content from the Site without the Supplier’s prior written consent.

 

Last Updated: 20 March 2020