Terms and Conditions
Definitions
In these Terms:
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;
- Customer means the person, entity, firm or corporation that acquires Goods from OSMEN pursuant to these Terms, the details of which are set out in the relevant sales document and includes the Customer's permitted assigns, successors, employees, servants and agents;
- OSMEN Warehouse means the OSMEN warehouse from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order;
- OSMEN Outlet means the OSMEN outlet store located at 276-278 Parramatta Rd, Auburn NSW 2144, Australia from which Goods may be collected by the Customer, if applicable, as specified under the relevant Order;
- Consequential Loss means any loss, damage or costs incurred by a party or any other person that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity;
- Consumer has the meaning given to it in section 3 of the Australian Consumer Law;
- Consumer Guarantee means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law;
- Contract means the contract of purchase of Goods between the Customer and OSMEN which comprises these Terms and all Orders for Goods placed by the Customer and accepted by OSMEN;
- Collected Order has the meaning given in clause 3.1;
- Defective Goods means Goods that are defective in design, performance or workmanship;
- Delivered Order has the meaning given in clause 3.1;
- Dispatch Date has the meaning given in clause 3.2(a);
- Gift Card has the meaning given in clause 12;
- Goods means goods supplied by OSMEN to the Customer;
- GST Act means A New Tax System (Goods and Services Tax) Act 1999
- Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise;
Terms and Conditions
- Your purchase with OSMEN is subject to these Terms and Conditions of Sale by signing the invoice you are of the agreement to these Terms and Conditions of the Sale. This is a Legal Binding contract between you and OS International Group Pty Ltd trading as OSMEN Outdoor Furniture ABN 34097130642. Should you not accept these terms and conditions then you cannot proceed with this order with the company.
- Prices are subject to change at any time, once the order has been confirmed and deposit has been made the price is then fixed.
- You agree to pay the delivery and installation charges as they are calculated and listed in the confirmation at the time of purchase found on the invoice or sales order.
- OSMEN has the right to refuse a sale should they choose to.
- All pricing includes all taxes unless otherwise noted.
- All products listed on the invoices are as accurate as possible.
- All measurements and dimensions are approximate only.
- Delivery times are approximate only, the estimated date of delivery will depend on where your order is being delivered to.
- It is the customers responsibility to ensure correct delivery address and access details that are provided to OSMEN.
- OSMEN shall use all reasonable endeavours to meet the estimated delivery date and provided that Osmen delivers the products within a reasonable time, you agree that Osmen is not and will not be liable for any loss or damage, however it arises, and the products are not delivered by the estimated date.
- Delivery charges for all orders are required to be paid in full to the store at the time of purchase.
- Deliveries that have been arranged by OSMEN and the customer has not been there to accept the goods will result in a second delivery fee charged to the customer, at all times the customer will be notified of delivery times and days, however these are approximate only, we accept no responsibility for items that are damaged after delivery or moved and packaging that has been damaged after delivery.
- Upon delivery products must be inspected by the customer for any damages and signed for. No claim will be accepted after this.
All credit card payments are subject to fees and charges were applicable, Amex and Diners cards are charged at a higher rate
Interest free is through ZIP MONEY and is subject to terms and conditions and fees and charges as listed on the ZIP website.
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 for 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 major failure. To the extent that they are compatible with consumer laws in Australia, the exclusions and provisos that apply to OSMEN Warranty apply to the consumer guarantees.
OSMEN Returns and Refunds
Please ensure you carefully review your order before purchasing on our website or in-store. OSMEN does not provide refunds or exchanges for changes of mind or mistakes in ordering, including but not limited to unwanted colors of the Goods and unsuitable sizes of the Goods, unless required by the Australian Consumer law.
Factory Second Stock refers to Goods that contain a flaw or imperfection (e.g. cosmetic issues like scratching or denting) or are ex-display models or floor stocks, and are therefore offered at a discounted price. The sales document given to the Customer will contain indicators that if one or more items are sold as Factory Second Stock/ ex-display model and/or floor stocks, where only a Structural Warranty applies.
Structural Warranty is different to General OSMEN Warranty. Structural Warranty means a warranty for defects in the frame or internal structure of Goods, and excludes any defects in the surface, decoration, fabric, cracks, or finish of the Goods.
Cancellation Policy
- OSMEN may cancel an order after it has been accepted where we are reasonably required to do so in response to a supply shortage;
- Customers may not cancel an order after it has been accepted without OSMEN’s consent, which consent will only be granted in extremely limited circumstances at our discretion; and
- OSMEN will not under any circumstances consent to an order cancellation or provide any refund or exchange in respect of goods that are Factory Second Stock products, clearance products, ex-display and floor stock products, or goods that have been pre-ordered or specially ordered for you or are otherwise non-stock products.
- Factory Second Stock refers to Goods that contain a flaw or imperfection (e.g. cosmetic issues like scratching or denting) or are ex-display models or floor stocks, and are therefore offered at a discounted price. The sales document given to the Customer will contain indicators that if one or more items are sold as Factory Second Stock/ ex-display model and/or floor stocks, where only a Structural Warranty applies.
If OSMEN consents to the cancellation of your order, and your order contains stocked goods (stocked goods does not include Factory Second Stock products, clearance products, ex-display and floor stock products, or goods that have been pre-ordered or specially ordered for you or are otherwise non-stock products), we will provide you with a Store Credit less a 20% restocking fee to cover our administrative costs and expenses in handling and cancelling the order.
General OSMEN Warranty
- All furniture 12 months unless otherwise stated, with floor stock and selected end of line and discontinued stock a limited warranty will apply.
- Structural Warranty is different to General OSMEN Warranty. Structural Warranty means a warranty for defects in the frame or internal structure of Goods, and excludes any defects in the surface, decoration, fabric, cracks, or finish of the Goods. Goods that are sold as Factory Second Stock, ex-display stock and/or floor stocks are only offered Structural Warranty, not General OSMEN Warranty.
- All warranty claims will require the customers to support their claims by completing a customer service claim form and supplying photographic evidence along with a copy of the original sales invoice as proof of purchase.
- Should customers not have proof of purchase the claim for warranty can be refused.
- All warranty claims will take between 7-10 working days to complete and it is the company's discretion based on the information provided as to the outcome of the claim.
- Any damages that have been done to the products by the customers or from neglect or lack of care may result in the claim being refused. Acts of nature including storm, wind, flood etc are not covered under warranty.
- All timber products that are sold require the customer to maintain the product and use care products to ensure that the timber is cared for as per instructions given by the manufacturer and sales staff or as required if its seen to be deteriorating due to weathering occurring at a faster rate if the product is left totally outside in the elements and with no protective cover. If you see this happening please contact the store of purchase immediately for advice.
- Glass and ceramic are not covered under warranty. All glass and ceramic products will be inspected prior to delivery and again the customer must care for these products and place them in a suitable area. Our glass is tempered glass. We advise all customers to ensure the safety of all home and family by being aware of the product, excessive heat and cold may have an effect on the glass.
- Outdoor cushions are weather resistant not weatherproof, excessive water will penetrate the cushion as the cushion requires air to circulate.
- We recommend that all cushions are placed inside each night and re displayed, no cushions are not to be machine washed as they will lose their coating.
- All products that are not maintained will result in a refusal of the warranty being accepted, any modifications will also result in the claim being refused.
- At no time will OSMEN accept responsibility for any product that has been on sold, or resold, all floor stock is sold as is and noted on the invoice, all seconds and clearance does not have to have a warranty as outlined by Australia Consumer Law.
- It is the customer's responsibility to inspect their goods at time of sale and upon delivery to ensure that the correct item was sold and delivered.
- Once the customer has signed that the item is correct at time of delivery then it will be the companies’ discretion if a warranty is raised.
Note: Store purchases apply to different terms and conditions.
Please refer to the below documents for more information:
Maintenance
Warranty and Returns Exclusions
Pickup and Delivery Policies