TERMS AND CONDITIONS: MAYVN INTERIORS
The following terms and conditions apply to all transactions with MAYVN INTERIORS whether concluded via telephone, in writing (including by e-mail) or online on www.mayvninteriors.com.au (the “Website”) and your use of the Website itself. In placing an order with MAYVN INTERIORS, Customers are deemed to have read and accepted all MAYVN INTERIORS terms and conditions as set out below.
In these terms “Products” refers to products offered for sale by MAYVN INTERIORS and “you”, “your” and or “Customer” refers to any visitor to the Website/Showroom or any MAYVN INTERIORS customer.
MAYVN INTERIORS and www.mayvninteriors.com.au is the trading name of Mayvn Interiors Pty Ltd, a company with ABN: 74 608 497 230 based in Manly, New South Wales, Australia. By transacting with MAYVN INTERIORS the Customer agrees that the Laws of New South Wales, Australia shall apply and to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia should any such dispute arise.
WHOLESALE APPLICATION FORM
If your first order is placed at a trade event we will be unable to confirm you as a client or stockist until the conclusion of that event. This is to avoid the doubling up of stockists within the one geographical area and to confirm the suitability to the Mayvn Interiors brand.
We require that all potential clients and stockists (both bricks & mortar stockists and online stockists) complete a wholesale application form. We use this application to assess the suitability of your business or retail store to the Mayvn Interiors brand.
Consideration is given to your business type, location, the type of store you own, other brands stocked, years of operation, appearance of your store inside & out etc. This is
Not an application for credit terms.
ORDERS, ORDER ACKNOWLEDGMENTS AND CONTRACT:
Upon receipt of an order and subject to acceptance of that order by an order acknowledgment (which may be in the form of an invoice receipt) and payment of a non-refundable 50% deposit of the price of the Products in cleared funds into our nominated account, we agree to sell the Products on and subject to these Terms and Conditions (“Contract”).
An order can be made by you online or in writing. You should receive an order acknowledgment online or in writing (including by e-mail).
Previous dealings or correspondence between us shall not have any effect on the Contract and any trade custom and/or trade usage is superseded by these Terms and Conditions. If at any time in relation to the supply of the Products, you provide, refer to, submit or otherwise use terms and conditions other than these Terms and Conditions such terms and conditions will not form part of, or be incorporated into, the Contract.
It is the responsibility of the Customer to check the invoice/pro forma thoroughly for discrepancies of size, style, and delivery address etc. before dispatch. Any additional cost that may incur, e.g. re-stocking fee of 20%, freight charges, due to any discrepancies will be charged to the Customer.
All prices are in Australian Dollar (AUD) and as specified on our Product Price List in force at the time of the order acknowledgement, which can be requested by contacting email@example.com. Prices are subject to change without notice. For domestic supplies within Australia, the price charged for the Products will be PLUS Goods and Services Tax (“GST”). The price excludes any goods and services tax, sales or use tax, value added tax or any withholding tax, customs duties (import or export or other foreign country taxes) in any other country (“Taxes”). GST will apply to sales to customers within Australia and will generally not apply to customers outside Australia. The Customer is responsible for all Taxes for supply outside of Australia.
Wholesale prices are available to design organisations, interior designers, decorators, retail stores, online stores and others in the design trade who can substantiate they meet the requirements to receive these prices at the discretion of MAYVN INTERIORS.
CREDIT CARD PAYMENTS:
Will incur a 1.5% surcharge. Customers that wish to avoid these costs can pay via direct deposit into our bank account – details are available on all invoices.
To confirm your order a non-refundable 50% deposit is required; with the balance (including any shipping costs) to be paid within 7 days of notification that the stock is available for delivery. The balance of the Price is to be received in cleared funds into our nominated account prior to dispatch. No stock will be held for customers without a 50% deposit payment. If payment has not been received within 7 days of invoicing the stock will be reallocated.
DELIVERY / SHIPPING:
Unless specified otherwise in our order acknowledgment, the Price for the Product is Ex Works (as per INCOTERMS 2010) at our warehouse location in Waterloo, Australia and shall exclude delivery and insurance costs charges and fees (“Shipping”), which will be calculated based on the nominated delivery location and added to the total amount due. We will make all reasonable efforts to have the Product delivered to the address you specified in the Order. All promises of delivery represent ex-works dates, rather than delivery-to-destination dates.
We may notify you of an increase in the price of shipping after an order acknowledgment and prior to delivery of the Products if the price increase results from an increase in the price of any inputs which comprise part of the shipping. Deliveries are based on a drop off service only unless otherwise specified at the time of purchase. If the delivery situation changes after dispatch for re-delivery, re-direction, extra assistance being requested, etc. any additional costs incurred are the responsibility of the purchaser.
For return to sender (RTS) or delivery refused, there will either be 15% restocking fee from the price or you will be charged re-delivery Shipping.
LEAD TIMES ON DELIVERY:
Dispatch from our warehouse is estimated 7 days from when the consignment arrives. This may vary in peak times. Once orders are dispatched from our warehouse we will endeavour to issue an accurate estimate of delivery date/time based on information we receive from the chosen freight carrier. MAYVN INTERIORS will not be liable for any late deliveries. If your order is time sensitive please allow for any delays. We will provide our customers with the necessary details to track orders. It is the responsibility of the Customer to contact the courier for delivery times.
RISK AND TITLE:
Legal and equitable title to the Product will only be transferred to you upon receipt of cleared funds into our account for the full price of the Product and any Shipping. Risk in the loss of or damage to Product passes to you upon shipment from our factory location (including all risks associated with loading or unloading) or upon title in the Product passing to you, whichever is the earlier.
VARIATION TO STOCK:
The majority of MAYVN Products are both handmade and hand finished. As a result individual pieces may have minor variations in shade, material, colour, pattern size, construction and or composition shown within the Website/Showroom. These variations are an intrinsic part of the style and character of the MAYVN merchandise and should not be viewed as flaws. Requests for claim or credit will therefore not be recognised on the basis of these Product variations.
STYLE VS ENVIRONMENT:
Please choose carefully when considering the purchase of certain Products. Style vs environment is very important. It is the Customer’s responsibility to make enquiries in relation to the suitability of the Products for your own purpose and do not rely on representations by us in relation to their suitability for a particular purpose or at the location or site where they are to be used or any steps which may need to be taken in relation to their use. We will not refund, credit or exchange if it is obvious that these items are not suitable. If unsure, please contact us for confirmation.
All Products will be checked prior to dispatch but please thoroughly inspect the Product immediately upon receipt. In the event that any items are lost or damaged during transit or have not arrived by the estimated delivery date, please contact us with your Order reference number. No claim for damage to or shortages of Product may be made unless such claim is notified to us within 7 days of delivery. No Product shall be returned for credit or adjustment without our prior written or verbal authorization. Please retain original packaging for repacking.
WARRANTIES AND OUR LIABILITY
This warranty is limited to replacement of parts which we agree are defective in material or workmanship and does not extend to claims for labour, expenses and other Consequential Loss or damage occasioned by such defect when in use. The Warranty does not (without intending to create any category or limitation) cover defects or deficiencies in Products caused by improper installation or maintenance; deterioration by corrosion, erosion, fair wear and tear, irradiation, inappropriate use, inappropriate storage, negligence, accidental damage, use of undue force in operating the product or any cause of failure other than defects in material or workmanship.
To the maximum extent permitted by law, you accept full liability for any harm or damage resulting from your use of the Products. Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Products (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
Our liability to you (and any party claiming through you), for any claim for loss or damages (including legal expenses) made in connection with the Contract whether under this warranty, in contract, tort (including negligence), under statute, in equity or otherwise shall end upon expiration of the Warranty Period. For any liability arising from Products not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited (a) to the cost of replacement of those Products as soon as reasonably practicable, or (b) the repair of those Products or (c) the repayment (or allowance) of the invoice price of those Products (at our election or in accordance with the Defective Product Options below).
In the case of claims for loss of or damage to physical property or persons arising under product liability, our liability is limited to the terms of our product liability insurance in place at the time of the claim.
We shall not be liable for any costs relating to disassembly, removal, return and or re-installation of the Products or any Consequential Loss, where “Consequential Loss” means any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Products. "Indirect, special or consequential loss or damage" includes (whether deemed to arise directly or indirectly): (a) any loss of income, profit, production, contract, customers, business opportunity or business; (b) any loss of goodwill or reputation; and or (c) any loss of value of intellectual property.
Will be replaced once returned to MAYVN INTERIORS. MAYVN INTERIORS will not arrange a return unless the items are in the original packaging and at the original place of delivery. If the same item is not available a refund or a credit will be issued at the discretion of the MAYVN INTERIORS. This credit can be used towards the next order or a similar product but must be used within 12 months from date of issue. No credit will be given on freight. Replacement items will be delivered to the original address supplied by the Customer.
DEFECTIVE PRODUCT OPTIONS:
If a Product has a minor defect we will, at our option, repair it or offer a replacement.
If a Product has a major defect you are entitled to:
Items not in stock will be ordered as soon as the 50% deposit has been paid. MAYVN INTERIORS will attempt to hold part of an order for those customers requesting the order in one delivery. However, MAYVN INTERIORS cannot always guarantee to hold items in stock until back order items are available. In such circumstances delivery of the items in stock will need to be made prior to the full order being available.
ESTIMATED TIME OF ORDERS:
Unfortunately delays beyond the control of MAYVN INTERIORS can occur. We will, however, try to estimate as accurately as possible when stock will arrive. We will also endeavour to supply regular updates to customers based on information received. Please feel free to contact us for additional delivery updates.
USE OF THE WEBSITE:
The website (www.mayvninteriors.com.au) is a “trade only” website designed for the information and use of registered wholesale and trade (designers, decorators, architects, event organisers, etc.) customers. We are currently in the process of setting up this sales platform and all customers will be advised when this is operational.
After successfully registering for access "business customers" will be issued with a username and password. This information is confidential and not to be transferred to any other person and is strictly reserved for the sole use of the individual to whom it was issued. If it is established that a person other than the registered customer is using the username and password of that registered customer, MAYVN INTERIORS reserves the right to withdraw that customer's user name and password. Deregistered customers will be unable to access the website. MAYVN INTERIORS reserve the right to validate all account requests.
ONLINE SECURITY & PAYMENT:
MAYVN INTERIORS take online security very seriously. When making an online purchase from MAYVN INTERIORS please ensure this is done from a computer running appropriate anti-virus software and via a secure browser session. Please report any suspicious activity relating to our website to us immediately.
COPYRIGHT AND PROPRIETARY NOTICE:
The website (www.mayvninteriors.com.au) is owned and operated by MAYVN INTERIORS. Unless otherwise noted, all material including images, illustrations, designs, icons, photographs and written material that appear as part of this website are the property/intellectual property of MAYVN INTERIORS. These materials may be downloaded or copied for personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from or exploit in any way any of this content. Any misuse of these materials is a violation of MAYVN INTERIORS proprietary rights.
Your personal and company data is known to MAYVN INTERIORS only when voluntarily submitted or posted to us. MAYVN INTERIORS uses this data for ongoing marketing purposes direct to you unless instructed otherwise. Your information will not be passed to any third parties.
Neither party is liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control.
If a provision of a Contract would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Contract.
A person who is not a party to this Order has no right to enforce any term of this Contract. The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to this Contract. Both of us must attempt to resolve any dispute or claim arising out of or under a Contract by a negotiation in good faith before either of us litigates that dispute or claim.
We want to ensure that your experience working with us is a happy one. We want to know how we can make this experience better for you so, if you have any comments or suggestions, we want to hear about them. Please send us an email at firstname.lastname@example.org.
RIGHT TO ALTER TERMS & CONDITIONS:
We reserve the right to alter these terms and conditions without notice from time to time.