OSMEN Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms") apply to purchases from OS International Group Pty Ltd trading as OSMEN Outdoor Furniture (ABN 34 097 130 642) ("OSMEN", "we", "us" or "our").
By placing an Order with OSMEN, including by signing a sales document, placing an Order through our website, confirming an Order, or making payment towards an Order, you agree to these Terms.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
1. Definitions
In these Terms:
Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and corresponding provisions of applicable State and Territory fair trading legislation.
Customer means the person or entity acquiring Goods from OSMEN.
Factory Second Stock means Goods offered at a discounted price because of an identified flaw or imperfection, including cosmetic scratching or denting, or Goods identified as ex-display or floor stock.
Goods means goods supplied by OSMEN to the Customer.
General OSMEN Warranty means the voluntary warranty provided by OSMEN in accordance with section 9 of these Terms.
Order means an order for Goods placed by a Customer and accepted by OSMEN.
Structural Warranty means OSMEN's voluntary warranty against applicable defects in the frame or internal structure of Goods. It does not cover defects or imperfections in surfaces, decoration, fabric, cracks or finishes unless otherwise required by the Australian Consumer Law.
2. Orders, Prices and Payment
2.1. Prices are subject to change prior to an Order being confirmed. Once an Order has been confirmed and any required deposit has been paid, the agreed price for that Order is fixed unless otherwise agreed with the Customer.
2.2. All prices include applicable taxes unless otherwise stated.
2.3. The Customer agrees to pay applicable delivery, installation and other charges disclosed and agreed at the time of purchase and recorded on the relevant invoice, sales order or order confirmation.
2.4. OSMEN may refuse to accept an Order prior to confirmation.
2.5. Credit card payments may be subject to applicable fees and charges where permitted by law. Applicable fees will be disclosed to the Customer.
2.6. Interest-free financing may be provided through third-party providers, including ZIP Money, and is subject to the provider's applicable terms, conditions, eligibility requirements, fees and charges.
3. Product Information
3.1. OSMEN takes reasonable steps to ensure that product descriptions, specifications, photographs and other information are accurate.
3.2. Unless expressly stated otherwise, product measurements and dimensions are approximate and minor variations may occur.
3.3. Colours and finishes may vary slightly from photographs or digital representations due to lighting, photography, screen settings, manufacturing variations and the natural characteristics of materials.
3.4. Natural products and materials, including timber and stone, may exhibit variations in colour, grain, texture, pattern and other characteristics.
3.5. Nothing in this section limits any rights or remedies available under the Australian Consumer Law.
4. Delivery and Access
4.1. Delivery dates and times provided by OSMEN are estimates only. Actual delivery times may vary depending on the delivery location, availability of Goods, transport conditions and circumstances beyond OSMEN's reasonable control.
4.2. OSMEN will use reasonable endeavours to meet estimated delivery dates and times.
4.3. The Customer is responsible for providing OSMEN with an accurate delivery address, contact information and relevant access information.
4.4. The Customer should notify OSMEN before delivery of access restrictions that may reasonably affect delivery or installation, including restricted entrances, stairs, lifts, narrow passages or other relevant site conditions.
4.5. Where OSMEN has arranged a delivery and the Customer or an authorised recipient is unavailable to accept the Goods at the agreed location, a reasonable additional delivery charge may apply to any subsequent delivery.
4.6. Delivery charges are payable in accordance with the Order and must be paid before delivery unless otherwise agreed.
4.7. OSMEN is not responsible for loss or damage caused to Goods after delivery as a result of subsequent movement, misuse, improper storage, neglect or damage by the Customer or a third party, except to the extent that OSMEN is responsible under applicable law.
4.8. Nothing in this section excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
5. Inspection and Damage Reporting
5.1. Customers should inspect Goods as soon as reasonably practicable following delivery or collection.
5.2. Visible delivery-related damage, including dents, scratches, missing parts or incorrect Goods, should be reported to OSMEN within 2 working days of delivery or collection.
5.3. Where OSMEN provides an assembly service at the time of delivery, visible issues should, where reasonably possible, be identified and recorded upon completion of assembly.
5.4. Customers making a claim should provide reasonable evidence requested by OSMEN, which may include photographs and proof of purchase, to assist OSMEN in investigating the issue.
5.5. A delay in reporting an issue may affect OSMEN's ability to determine when or how damage occurred. However, failure to report an issue within the period specified above does not exclude any rights or remedies available to the Customer under the Australian Consumer Law.
6. Change of Mind, Returns and Refunds
6.1. Customers should carefully review their Order before purchasing.
6.2. OSMEN does not provide refunds or exchanges for change of mind or mistakes in ordering, including where the Customer selects an unwanted colour, incorrect size or otherwise determines that the Goods are unsuitable, except where required by law or otherwise agreed by OSMEN.
6.3. This change-of-mind policy does not limit any right or remedy available to the Customer under the Australian Consumer Law.
7. Cancellation of Orders
7.1. OSMEN may cancel an accepted Order where OSMEN is reasonably unable to supply the Goods because of a supply shortage, discontinuation, circumstances beyond OSMEN's reasonable control or another legitimate reason that prevents fulfilment of the Order.
7.2. If OSMEN cancels an Order under clause 7.1, OSMEN will refund amounts paid by the Customer in respect of the Goods that OSMEN cannot supply.
7.3. A Customer may not cancel an accepted Order for change of mind without OSMEN's consent. OSMEN may grant or refuse such consent having regard to the circumstances of the Order.
7.4. OSMEN does not ordinarily accept change-of-mind cancellations, refunds or exchanges for:
- Factory Second Stock;
- clearance products;
- ex-display or floor stock;
- pre-ordered Goods;
- specially ordered Goods; or
- other non-stock Goods.
This does not affect rights or remedies available under the Australian Consumer Law.
7.5. If OSMEN agrees to a change-of-mind cancellation involving stocked Goods, OSMEN may provide Store Credit less a 20% restocking fee to cover reasonable administrative and handling costs associated with the cancellation.
For the purpose of this clause, stocked Goods do not include Factory Second Stock, clearance products, ex-display or floor stock, pre-ordered Goods, specially ordered Goods or other non-stock Goods.
8. Factory Seconds, Ex-Display and Floor Stock
8.1. Factory Second Stock, ex-display Goods and floor stock may contain disclosed imperfections, signs of display or use, cosmetic damage or other identified characteristics and may therefore be offered at a discounted price.
8.2. OSMEN will identify applicable Factory Second Stock, ex-display Goods or floor stock on the relevant sales documentation where reasonably practicable.
8.3. Customers purchasing these Goods should inspect the Goods and any disclosed defects or imperfections before completing the purchase where reasonably practicable.
8.4. Unless otherwise stated, Factory Second Stock, ex-display Goods and floor stock are provided with OSMEN's Structural Warranty rather than the General OSMEN Warranty.
8.5. OSMEN's voluntary warranty does not cover a defect, imperfection or characteristic that was specifically disclosed to and accepted by the Customer before purchase.
8.6. Nothing in this section excludes, restricts or modifies any applicable rights or remedies under the Australian Consumer Law.
9. General OSMEN Warranty
9.1. Unless otherwise stated, OSMEN provides a 12-month General OSMEN Warranty on furniture.
9.2. Different or limited voluntary warranty arrangements may apply to specified Goods, including Factory Second Stock, ex-display Goods, floor stock, selected end-of-line Goods and discontinued Goods. Applicable warranty information should be identified on the relevant sales documentation where appropriate.
9.3. Factory Second Stock, ex-display Goods and floor stock are ordinarily covered by the Structural Warranty described in section 8 rather than the General OSMEN Warranty.
9.4. To make a warranty claim, Customers may be required to complete OSMEN's customer service claim form and provide reasonable supporting evidence, including:
- photographs of the issue; and
- proof of purchase, such as the original sales invoice or another acceptable record of the transaction.
9.5. OSMEN will endeavour to assess warranty claims within 14–21 working days after receiving the information reasonably required to assess the claim.
9.6. OSMEN will assess claims having regard to the evidence provided, the applicable OSMEN Warranty and any rights or remedies available under the Australian Consumer Law.
9.7. OSMEN's voluntary warranty does not cover damage caused by misuse, neglect, improper maintenance, unauthorised modification or events outside the reasonable control of OSMEN, including storms, wind or flooding, unless otherwise expressly stated.
9.8. Timber products require appropriate maintenance. Customers should follow applicable manufacturer and OSMEN care instructions and use suitable maintenance products where required. Outdoor timber exposed continuously to weather without appropriate protection may deteriorate more rapidly.
9.9. Customers who notice unusually rapid deterioration should contact OSMEN for advice.
9.10. Glass, sintered stone and ceramic are not covered by the General OSMEN Warranty against damage caused after delivery by impact, misuse, unsuitable placement, extreme temperature exposure or other external causes. This clause does not exclude liability for defects or other rights that cannot lawfully be excluded.
9.11. Outdoor cushions are weather-resistant rather than waterproof. Water may penetrate cushions and adequate ventilation should be provided.
9.12. OSMEN recommends storing cushions in a dry and protected location when not in use and following applicable cleaning and maintenance instructions. Cushions should not be machine washed where the applicable care instructions prohibit machine washing.
9.13. Failure to reasonably maintain Goods in accordance with applicable care instructions may affect a voluntary warranty claim where the lack of maintenance caused or contributed to the relevant damage.
9.14. Unauthorised modifications that cause or contribute to a defect or damage may result in the relevant voluntary warranty claim being refused.
9.15. OSMEN's voluntary warranties apply to the original purchaser and are not ordinarily transferable following resale of the Goods.
9.16. Nothing in this General OSMEN Warranty excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law.
10. Australian Consumer Law
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 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 of acceptable quality and the failure does not amount to a major failure.
OSMEN's voluntary warranties operate in addition to, and do not replace or limit, rights and remedies available under the Australian Consumer Law.
11. Customer Photos, Content and AI-Assisted Editing
11.1. This section applies where a Customer voluntarily sends, submits, uploads, tags OSMEN in for the purpose of sharing with OSMEN, or otherwise directly provides OSMEN with a photograph, video or other visual content ("Customer Content").
11.2. By voluntarily providing Customer Content to OSMEN, the Customer grants OSMEN a non-exclusive, royalty-free licence to reproduce, publish, display, communicate, adapt and use that Customer Content for OSMEN's advertising, promotional and marketing purposes.
11.3. This licence includes use of Customer Content on or in:
- OSMEN websites and online stores;
- social media;
- digital advertising;
- email marketing;
- catalogues and brochures;
- print advertising;
- in-store displays and promotional materials; and
- other OSMEN promotional channels.
11.4. The Customer permits OSMEN to make reasonable modifications to Customer Content for these purposes. These modifications may include cropping, resizing, reframing, retouching, colour and lighting adjustment, resolution enhancement, removal of incidental objects or visual distractions, background extension and other reasonable visual refinements.
11.5. OSMEN may use artificial intelligence and other digital editing technologies to perform or assist with the modifications described above.
11.6. OSMEN will not intentionally use AI-assisted or other editing techniques to materially misrepresent the appearance, characteristics, quality, dimensions, inclusions or performance of an OSMEN product.
11.7. By providing Customer Content to OSMEN, the Customer represents that:
(a) they created or own the Customer Content, or otherwise have sufficient authority to grant OSMEN the rights described in this section; and
(b) where identifiable people appear prominently in Customer Content, the Customer has obtained any permissions reasonably necessary to provide the content to OSMEN for the uses contemplated by this section.
11.8. OSMEN may crop, blur, remove or otherwise anonymise identifiable individuals, addresses, vehicle registration numbers or other personal information appearing in Customer Content where OSMEN considers this appropriate.
11.9. OSMEN is not obliged to publish or use Customer Content provided to it.
11.10. A Customer may contact OSMEN and request that OSMEN cease future use of particular Customer Content. OSMEN will take reasonable steps to cease future uses where practicable. This may not require OSMEN to recall, destroy or remove materials that have already been printed, distributed, published, supplied to third parties for an existing campaign or otherwise placed into circulation before the request was received.
11.11. The licence granted under this section does not arise merely because a Customer purchases Goods from OSMEN. It arises when the Customer voluntarily provides the relevant Customer Content to OSMEN.
12. Product Care and Maintenance
Customers should follow the care and maintenance instructions applicable to their Goods.
OSMEN provides additional maintenance information regarding matters including general furniture maintenance and cushion cleaning through its website and associated product documentation.
Failure to follow reasonable and applicable maintenance instructions may affect OSMEN's voluntary warranty where that failure caused or contributed to the relevant damage. It does not exclude rights that cannot lawfully be excluded under the Australian Consumer Law.
13. General
13.1. These Terms should be read together with the relevant Order, invoice, sales documentation and any additional written terms expressly agreed between OSMEN and the Customer.
13.2. If a particular OSMEN promotion contains additional terms and conditions, those promotional terms apply to the promotion in addition to these Terms.
13.3. If any provision of these Terms is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.
13.4. Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
Additional Policies and Information
Customers should also refer to OSMEN's applicable:
- General Maintenance guidance;
- Cushion Cleaning guidance;
- No Change of Mind Refund Policy;
- Warranty Exclusions guidance;
- Pickup Policy; and
- Delivery Policy.
Where an additional OSMEN policy is inconsistent with these Terms, these Terms apply to the extent of the inconsistency, except where the relevant sales document expressly provides otherwise or applicable law requires otherwise.