Top Line Furniture Flatpacks Online Terms and Conditions
1. Introduction and Acceptance
Agreement Governance: These Terms and Conditions (“Agreement”) govern the use of the Top Line Furniture website and the provision of all Goods and Services (the “Service”) provided by Top Line Furniture.
Binding Acceptance: By accessing the Website or engaging Top Line Furniture for Goods or Services, you (“the User” or “Customer”) agree to be bound by these Terms.
Right to Modify: Top Line Furniture reserves the right to modify these terms at any time. Continued use of the Service constitutes acceptance of the amended terms.
Electronic Signatures: Both parties accept electronic signatures as binding, provided they comply with Section 9 of the Electronic Transactions Act 2000.
2. Definitions
Company: Refers to Top Line Furniture, its successors, and assigns (also referred to as “Us”, “Our”, or “We”).
Customer/User: Refers to any person or entity using the website or purchasing Goods/Services.
Goods/Services: Includes all products, materials, advice, or recommendations provided by the Company.
Price: Refers to the cost of Goods/Services as calculated by the Company.
PPSA: Refers to the Personal Property Securities Act 2009 (Cth).
3. Website Use and Intellectual Property
Content Accuracy: While care is taken, Top Line Furniture makes no warranties regarding the accuracy of website content. Use of information is at the User’s own risk.
External Links: The Company is not responsible for the content or intellectual property compliance of any third-party websites linked from the site.
Liability: To the extent permitted by law, Top Line Furniture is not liable for any direct or indirect losses or damages resulting from website use.
Intellectual Property Indemnity: The Customer warrants that all designs or instructions provided will not infringe any third-party patents, designs, or trademarks. The Customer indemnifies the Company against all claims resulting from such infringement.
Third-Party Software Terms: Accessing and using the Top Line Furniture Online Flatpacks system constitutes the User’s agreement to also be bound by the Cabinets by Computer Privacy Policy and Terms and Conditions, which are available for review online at:
https://cabinetsbycomputer.com.au/privacy-policy/
https://cabinetsbycomputer.com.au/terms-conditions/
4. User Responsibility and Specifications
Data Accuracy: The User is solely responsible for ensuring that all information, specifications, and measurements provided are accurate. The Company relies entirely on User data for manufacture.
Measurement Errors: The Company shall not be held responsible or liable for errors, defects, or misfits in the final product resulting from incorrect measurements or descriptions supplied by the User.
Order Verification: The User must double-check all dimensions on the order confirmation before submitting the job for manufacture.
Modifications: Adjustments required due to inaccurate User data must be submitted as a new order and will incur additional costs.
5. Pricing and Payment
Quotes: Prices are as stated in Top Line Furniture’s online portal, written quotes or invoices. Quotes are valid for 30 days unless specified otherwise.
Variations: Top Line Furniture reserves the right to change the price due to variations in materials, labour costs, or requested changes to specifications. Customers must respond to variations within 10 working days, failure to do so entitles Top Line Furniture to add the variation cost to the price. Variations will be invoiced separately.
Payment Terms: A 50% payment is required upon order submission, with the remaining 50% due on completion of manufacture. All invoices must be paid within 7 days of the invoice date and final invoices must be paid in full, and funds cleared prior to collection of flatpack cabinetry.
GST: Unless stated otherwise, prices exclude GST, which is payable by the Customer at the same time as the Price.
No Set-off: The Customer shall not deduct or set off any amounts against the Price owed to Top Line Furniture.
Failure to Pay: Failure to pay in accordance with the above terms may result in the delay, or cancellation of your job.
6. Orders and Variations
Commencement: Work commences once the order is received and payment terms are met.
Variations: Once an order is submitted, no further changes can be made. Any requested variations must be submitted as a new order through the online portal and will be treated as a new job.
Cancellation Policy: Top Line Furniture may cancel an order before collection via written notice. The Customer may not cancel an order once work has commenced as goods are “made to measure”.
7. Delays and Timelines
Reasonable Endeavours: The Company will take all reasonable steps to ensure Goods are manufactured and ready for collection by the estimated completion date.
Exclusion of Liability for Delays: Top Line Furniture is not responsible for any direct or indirect losses caused by delays outside of its reasonable control. Such factors include, but are not limited to, the unavailability of materials, third-party supplier delays, shipping or transport disruptions, labour shortages, or delays resulting from the Customer’s failure to adhere to payment terms.
Dependency on Customer Actions: Any delay in the provision of required specifications, measurements, or the payment of the initial deposit will result in a corresponding delay to the manufacturing timeline.
8. Collection and Risk
Collection Requirements: Payment must be made in full, and funds cleared prior to collection of any Goods. Goods will be packed and wrapped by the Company for collection.
Collection Timeframe & Storage: The Customer must collect their Goods within 14 days of being notified that the order is ready for collection or delivery. If Goods are not collected within this timeframe, Top Line Furniture reserves the right to charge a reasonable storage fee to cover the costs of securing, insuring, and housing the Goods. This fee is calculated at a rate of $250 per day (representing a genuine pre-estimate of our storage costs) until the Goods are removed. Goods will not be released until all accrued storage charges are paid in full.
Uncollected Goods: If Goods remain uncollected for more than 90 days after the initial notification, Top Line Furniture may exercise its rights under the Unclaimed Goods Act 1987 (SA) to sell or dispose of the Goods. We will provide the Customer with the required statutory notice prior to taking such action. Proceeds from any sale will be applied toward the outstanding Price, storage fees, and administrative costs of the sale. The Customer remains liable for any remaining shortfall, while any excess proceeds (after cost recovery) will be handled in accordance with South Australian law.
Inspection Period: The Customer must report defects or shortages immediately upon pickup or within 2 days of collection.
Transfer of Risk: Risk passes to the Customer upon collection. If Goods are damaged prior to title passing, Top Line Furniture is entitled to receive all insurance proceeds.
9. Returns and Refunds
Custom-Made Goods: As all cabinetry is manufactured to the Customer’s specific specifications and unique measurements, Top Line Furniture does not offer returns or refunds for change of mind or incorrect selections. Once the order is submitted, the order is final and non-refundable.
Consumer Guarantees: These terms do not exclude statutory rights under Australian Consumer Law. In the event of a major failure or defect that arises from materials or hardware used during manufacture, the claim will be referred to the relevant material supplier and adhere to their specific warranty conditions.
10. Title and Security (PPSA)
Retention of Title: Ownership of Goods does not pass to the Customer until Top Line Furniture receives payment in full for all amounts owing.
Security Agreement: These terms constitute a Security Agreement under the PPSA. The Customer grants the Company a purchase money security interest (PMSI) in all current and future Goods.
Right of Entry: If payment is defaulted, Top Line Furniture agents may enter any premises to repossess Goods without liability for resulting damage.
Waiver of Rights: The Customer waives their rights to receive notices under various sections of the PPSA, including sections 95, 118, 121(4), 130, 132, 142, and 143.
11. Default and Consequences
Interest on Default: Overdue invoices accrue interest at 2% per calendar month, calculated daily and compounding monthly.
Recovery Costs: The Customer indemnifies Top Line Furniture for all costs incurred in debt recovery, including legal costs (solicitor/client basis) and collection agency fees.
Suspension of Service: The Company may suspend portal access or terminate supply without notice if the Customer defaults or becomes insolvent.
12. Privacy and Credit Reporting
Data Collection: Top Line Furniture may obtain credit reports from reporting bodies to assess applications or collect overdue payments.
Information Sharing: The Company may exchange credit status and default information with other credit providers.
User Rights: Users may request access to their personal information or opt-out of direct marketing.
13. Liability and General Terms
Statutory Rights: Nothing in these terms excludes mandatory rights under Australian Consumer Law. Liability for breach is limited to the remedies provided under that Law.
Force Majeure: Neither party is liable for defaults caused by acts of God, war, strikes, fires, or other events beyond reasonable control.
Severability: If any provision is found invalid, the remaining provisions remain in full effect.
Jurisdiction: This contract is governed by the laws of Australia and the state of South Australia (where Top Line Furniture’s registered office is located).
