1. The order is placed once all dimensions and specifications are confirmed, terms & conditions agreed to, the deposit is paid and the Order Confirmation is signed.
2. We will then place your order with our overseas manufacturer and this is confirmed within 1-2 days of receipt.
3. We will notify you once we receive information that your order is ready to be shipped from the overseas manufacturer and we will give you an updated ETA.
4. We will notify you once we receive delivery of your order to our warehouse.
5. You pay the balance due on the invoice.
6. The delivery of your furniture will be organised or collected from our warehouse.
7. Inspect the furniture upon receipt, and sign the delivery document acknowledging that you have received the furniture in good order and condition.
TERMS & CONDITIONS OF SALE
Australian Consumer Law
1. The Australian Consumer Law (ACL), as set out in the Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Act), applies to this supply of Goods. The ACL contains a number of guarantees that cannot be excluded. The terms and conditions will apply to the extent to which they do not infringe the ACL.
Deposit, shipping times and final payment
2. The Goods will be ordered by Misura from its overseas manufacturer on the later of:
(a) Four (4) business days from the date the Buyer signs these terms; or
(b) When an amount equal to 40% of the Purchase Price on the Order Confirmation is received by Misura in cleared funds (Deposit).
(c) For all custom made furniture pieces, a 50% deposit is required to proceed with the order.
3. The Buyer must thoroughly check all details in relation to dimensions, finishes or any other relevant information about the order. For phone or email orders, we will e-mail the Buyer an Order Confirmation which contains this information (and the Buyer must provide confirmation to Misura before the order is placed.)
4. Misura sources the Goods from an overseas manufacturer, so delivery of the Goods to Misura from its manufacturer typically takes between 12 and 16 weeks (Delivery period).
The Delivery Period may increase up to a further four (4) weeks during August and three (3) weeks during the Christmas period. The shipping time may increase for custom made furniture pieces up to (3) three weeks on top of the standard shipping time.
5. Upon delivery of the Goods to Misura by the manufacturer, Misura will notify the Buyer by telephone or email to request payment of the Total Balance Due on the Order Confirmation (Total Balance Due). This amount must be paid by the Buyer to Misura within seven (7) days of this notification (Due Date).
6. Failure to pay the Total Balance Due within three (3) weeks of the Goods arriving will cause the order to be cancelled and the Deposit will be forfeited to Misura.
7. Upon Misura receiving the Total Balance Due, title and risk in the Goods passes from Misura to the Buyer. After the Total Balance Due is paid, the buyer may collect the Goods or nominate someone to collect the Goods on their behalf.
8. If Misura is caused to store the Goods for more than two (2) weeks from the Due Date (Deadline) the Buyer agrees to pay a storage fee equivalent to $125 inclusive of GST per week for bulky items such as tables, bookcases, sofas, dining chairs or for any other large items, and $75 inclusive of GST per week for smaller items such as lamps, coffee tables, mirrors and desks that are stored after the Deadline.
9. Storage is outsourced and includes insurance. Full payment must be received prior to the storage of the goods.
Cooling off period and Cancellation
10. Subject to the Buyer’s cancellation rights during the Cooling-off Period and the Buyers rights under the ACL, the Deposit is non-refundable.
11. The Buyer may cancel the order of the Goods by written notice to Misura within three (3) business days from the date the Buyer signs these terms (Cooling-off Period). In these situations, the Deposit will be refunded to the Buyer.
13. Orders that are cancelled after the three (3) day cooling off period, the deposit will be forfeited to Misura.
Appointment of Agent, Delivery and Installations
14. The Buyer acknowledges that:
(a) If the Order includes a Delivery Charge then Misura is hereby appointed as the Buyer’s agent and attorney for the purposes of:
(i) Arranging to have a third party on behalf of the Buyer to collect, deliver and assemble the Goods to the Buyer; and
(ii) Arranging for insurance of the Goods for the benefit of the Buyer while the Goods are in transit to the Buyer.
(b) If the Order does not include a Delivery Charge then the Buyer is responsible for making its own arrangement for collection of the Goods as its own cost no later than the deadline, time being of the essence.
(c) Unless previously arranged, the Delivery Charge does not include assembly of the goods and removal of packaging which is an extra cost.
(d) Misura will not install light fittings, mirrors, bookcases or any other Goods that require installation onto walls as we will not be liable given the amount of risk involved.
(e) To the extent permitted under the ACL, Misura and the Buyer agree that:
(i) For goods that are collected in-store, Misura will check the items with the Buyer before the Goods leave the store to ensure they are free from damages or defects. Misura does will not be held liable for damages caused after the collection of Goods by the Buyer and risk is transferred to the Buyer.
(ii) Misura will not be liable for any damages caused to the Buyer’s property by a third party.
(iii) If a Buyer has collected Goods from our showroom and then requires assistance with assembly, an Assembly charge will be payable by the Buyer.
(iv) It is the responsibility of the Buyer to ensure that purchased Goods can enter through doorways/lifts/stairways and Misura does not accept any responsibility if the purchased Goods do not fit into entryways of a property.
(v) For interstate deliveries, unless a prior arrangement has been made between the Buyer and Misura, the third party delivery company will not assemble the Goods purchased by the Buyer. The lead time for interstate deliveries can be up to seven (7) to ten (10) days depending on the client’s location.
(vi) Once the buyer has paid the Total Balance Due (and any outstanding storage fees), delivery will be organised for the first available day. Misura will endeavour to deliver the Goods as soon as possible but it may take up to one (1) week to receive the delivery of the Goods from the payment date of the Total Balance Due.
15. The Buyer will inspect the Goods at the time of delivery. If the Buyer becomes aware of any damages or defects then the buyer must notify Misura immediately and it is the responsibility of the buyer to sign and confirm that the Goods have been received without damages or defects.
16. Misura will endeavour within reason to inspect all Goods once received from its overseas manufacturer, collected from its warehouse and prior to transportation to the Buyer.
17. Goods that are purchased from the showroom must be inspected at the time of purchase. Floor stock items are purchased ‘as is’ meaning that any markings or scratches that have been specifically drawn to the Buyer’s attention are to be accepted. The Buyer still retains the right under the ACL that any floor stock item must still be fit for purpose.
18. If the Buyer considers that the Goods are not of acceptable quality, not fit for the purpose, not conforming to any description or sample provided, not durable, safe or free from defect then the Buyer must notify Misura of this as soon as possible, with complete details of the problem (Complaint).
19. Following receipt of a Complaint from a Buyer, Misura will assess the claim. If there has been a minor failure, Misura will repair the Goods, replace the Goods or refund the purchase price. If there has been a major failure, the Buyer can either choose a refund, replacement or ask for compensation for any drop in value of the Goods.
20. If, after assessment, any Claim is determined by Misura not to be valid, then Misura will be entitled to charge the customer for the costs of any assessment undertaken. The Buyer is responsible for the costs of returning Goods to Misura for Claim assessment purposes. If the Goods are found not to have a defect, you may be required to pay the transport or inspection charges. An estimate of these charges will be provided to you.
21. To the extent permitted by the ACL, the Buyer acknowledges and agrees to the following:
(a) Fabrics & Leather coverings: There can be slight variations in the tone or colour of materials used depending on the production baths for fabrics, the feathering, scars, wrinkles and different degrees of shine of leathers and a number of other factors beyond the control of anyone and the Buyer accepts such slight variations and accepts that the Goods will generally accord with the colour and sample specified.
(b) The finishes of wood, fabric, metal and marble on the samples are approximate. Possible differences may occur between the sample and the final product. Small differences in the texture of materials such as leather or soft leather, marble and wood must be considered as a characteristic of natural materials and not a defect.
(c) Over time fabrics, leathers and/or woods used in the Goods and exposed to sunlight (direct or indirect) may result in colour fade. This colour fade is acknowledged as being normal wear and tear.
(d) Products with solid wood edges, solid wood construction and wood veneers may possess different tones, markings, colour variations and shapes. These are considered to be natural characteristics of the wood and not a defect as no piece of wood will be identical.
(e) Products that have a chrome finish are vulnerable to rusting when exposed to humid conditions, salty air or when in close proximity to the ocean. The Buyer must accept the possibility of rusting if they reside in one of these areas and must follow the maintenance instructions for chrome surfaces.
Guarantees by Misura
22. Subject to the ACL and other applicable law:
(a) Misura excludes all warranties and/or implied representations in respect to the Goods.
(b) Misura is not obliged or required under these terms and conditions to allow a claim for any damages to Goods caused by misuse, abuse or normal wear and tear.
(c) Misura will not be directly or indirectly liable or otherwise responsible for any damage or other loss or any nature connected to the Goods that is sustained by any party, including but not limited to any consequential, incidental, special or economic loss, damage or injury.
23. All the Goods come with a two (2) year Manufacturer’s Warranty of which the full particulars are set out in the associated Warranty and Care Instructions document provided by Misura to the Buyer at the date the Deposit is paid and/or when the order has been delivered.
24. Misura will take all reasonable steps to assist the Buyer with any claim in respect to the Manufacturer’s Warranty.