TERMS AND CONDITIONS
This website is owned and operated by Villa Maison Wholesale Pty Ltd (“Villa Maison") ABN 20 141 651 845. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use (“Terms"). References to “us", “we” and “our” mean Villa Maison and include its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 and references to “you" and “your” means you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
Copyright in website material
All of the material on and in relation to the website is and remains our property at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website except for your own private, non-commercial use. Any other use of the website material constitutes a breach of our copyright and other proprietary rights.
We are the owner or authorised user of all intellectual property in and associated with the website and any improvements and modifications thereto. We are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
Nothing contained in the website should be construed as giving you any right in or license to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the website.
User Names and Passwords
If we give you a user name and password to access any part of this website, you must keep that user name and password confidential and not disclose it to any other person. Nor may you permit any other person to use that user name and password.
Goods listed on our site are available for purchase by telephone, facsimile online or email. Payment details must be provided on the order form. Full payment is required before any order is dispatched. Payment can be made by Visa or MasterCard.
Placement of an order using the order form is an offer to purchase our goods. We may accept your order by processing your payment and organizing delivery of the goods to your delivery address or may, for any reason (including circumstances where we have insufficient goods to fulfil the order or where the goods ordered have been discontinued), decline to accept your order or any part of your order. No order will be considered accepted by us until payment has been processed and delivery arranged. If we decline to accept your order, we will attempt to notify you using the telephone number or email provided on your order form.
Ordering with Us online is a simple step by step process that involves the following steps:
- Review our items by category or description and make your selection
- Add any items that you wish to purchase to your shopping cart.
- Once your order is complete proceed to the freight calculator
- The freight calculator will then review your postcode as well as the value of your order to determine the delivery charge.
- At the checkout you will be asked to complete certain information and expressly agree to our trading and delivery terms as outlined in the Terms and Conditions before proceeding to the secure payment gateway.
- For payment by Credit Card you will be redirected to our secure payment gateway to complete your payment
Processing of your order
- Villa Maison Online will not process your order until full payment of the order has been received by us (cleared funds)
- Supply of stock depends on availability. We will not accept back orders unless we receive a 30% deposit on the item that is out of stock and is due to arrive back into stock
- If you have paid for goods that are unavailable for any reason, you will be offered a full refund.
- Deposits paid for our "PC Collection" are non refundable unless Villa Maison cannot supply.
Changes to Pricing
Villa Maison makes every effort to ensure that our pricing is correct and up to date. In the event that the price of your purchase/s is higher than that quoted on our website we will contact you immediately by email or phone to advise of such change and to gain your permission to proceed with the order. Should you not wish to proceed with your order you will be offered a full refund.
All prices displayed on the website are inclusive of Goods and Services Tax (GST) applied at a rate of 10%.
Changes or cancellations to your order
You are entitled to change or cancel your order if the order has not been placed with a supplier OR within  hours of placing your original order with Us. If you change or cancel your order, you will incur an administration fee of 10% of the value of the order. You agree that we may deduct any administration fee from your deposit, or charge you the additional cost that covers our reasonable expenses incurred prior to your cancellation or changed order. You acknowledge that the administration fee may vary depending upon the amount of costs we have incurred to date in ordering and transporting the Product. We reserve the sole right and discretion to accept or decline a changed order or cancellation after 12 hours from Your order. This policy does not apply for our "PC Collection" which requires a 30% non refundable deposit to secure the order. These unique one off items cannot be cancelled, unless Villa Maison cannot supply.
You warrant that all information provided in the order form is accurate, complete and up to date. You must promptly inform us if there is any change to this information.
Retention of Title
Property of the goods does not pass to you until you have paid all monies owing to us in full. Risk in the goods passes to you at the time the goods are delivered to the delivery address provided by you, unless you have organised your own freight, where the risk passes to you when the goods are picked up from our distribution point. We will register its interest in any unpaid goods in your possession under the Personal Property Securities Act 2009 (Cth).
All references to $ and dollars on the website are to Australian currency. All prices were current at the time of publication on the website, however errors and omissions can occur so we reserve the right to make changes if and when necessary. If the price of goods ordered is higher than that quoted on the website, we will advise you and if you do not wish to proceed with the order you will be offered a full refund. All prices are net prices [including GST] and will incur additional freight charges if and when applicable
Returns and credits are only accepted if authorised by us. All claims must be made in writing to our head office with a photograph of the goods, specifying the reason for the claim, within 24 hours of receiving the goods. Products authorised for return must be returned in the original boxes with the correct supporting paperwork provided by us. Failure to claim within 24 hours constitutes full acceptance of the goods. You agree that:
- we cannot and do not warrant that a Product you decide to order is appropriate or suits your needs;
- we cannot and do not warrant that your use of our service is appropriate or suits your needs;
- only you know the purpose for which you intend to apply a Product you order and that we are not responsible for the choice you make regarding the product that you order;
For further detail on returns, please refer to our credit and refund policy.
Freight and Delivery
Orders will be sent via our nominated carrier on your behalf and all freight costs are invoiced directly to you. Delivery dates are given in good faith having regard to known conditions at time of quoting and we will endeavour to meet your specific order and delivery dates. However, delivery time is subject to possible changes in shipping schedules, strikes, carrier delays, accidents etc. and we are not liable for damages or penalties arising from delays in delivery. If you wish to organise your own freight, you accept full liability for the goods from the time they are collected from us and we accept no liability for the carriage or delivery of the goods. Difficult access may incur additional charges and / or redelivery charges.
Please provide clear delivery instructions for delivery during business hours between Monday and Friday. Apartment blocks, high rise buildings, blocks of units or flats may have restricted access and you must notify us so that special arrangements can be made. If no one is available to sign for the goods, the freight carrier will leave a note at the delivery address and the goods will be returned to the carrier’s local depot. Freight companies will not leave goods at delivery addresses if there is nobody to receive the goods. In this event, you will need to contact the freight carrier directly to make further arrangements for delivery and incur any additional delivery charges at your own expense
Faulty or Damaged Goods
Please check the goods before signing for delivery and if you have any concerns note them on the delivery receipt and ask the driver to initial them. If possible, take a photograph of the fault or damage and notify us within 24 hours of receipt of goods. If goods have been damaged in transit we will provide a full refund. If you have arranged your own freight carrier we will not be liable for any damage in transit. If your goods have a manufacturers fault, you must notify us within 7 days. You will be offered a replacement item and if there is no replacement item available you will be offered a full refund as per the conditions of our credit claim policy.
If incorrect goods have been delivered to you please notify us within 24 hours and we will arrange for the collection of the incorrect goods and replacement with the ordered goods, or alternate action to satisfy you.
Colours of products displayed on your computer monitor may vary from the actual colour of the item you purchase. This is due to variance in colours used by computer monitors and we will not offer a refund due to colour variation.
This website is provided to you by us “as is". To the fullest extent permitted by law, we exclude any and all warranties (whether express or implied) relating to the website including, but not limited to, warranties concerning:
- merchantability and fitness of purpose
- the website meeting your particular interests and requirements;
- the material on the website being accurate, complete or reliable;
- the website and the server being available and free of defects;
- the website and the server being free of technical problems or viruses; and
- the confidentiality of information transmitted to or from the website.
Limitation of liability
To the fullest extent permitted by law, we exclude any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:
- your use or misuse of the website or any material on the website;
- your inability to access or use the website or any material on the website;
- the loss or modification of information or material transmitted to or from the website;
- the loss of confidentiality in any information or material transmitted to or from the website;
- any defect, technical problem or virus attached to or arising from the website or the server;
- the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
- any injury or illness you or any other person sustains as a result of the use of the website; and
- the products displayed on the website being unavailable at any time.
If we breach any term, condition or warranty which is implied by law and cannot be lawfully excluded, our liability for a breach of the applicable term, condition or warranty is limited to, at our election:
- the resupply of the relevant product; or
- supply of some equivalent product; or
- repair of the product; or
- the payment to you of the cost of having the relevant product replaced, amended or supplied again.
You further agree that:
- to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the same manner above including in respect of any liability that arises as a consequence of our negligence;
- our liability to you for any matter related to the subject matter of these terms and conditions will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage; and
- we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our service.
You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
- because the product you order is not suitable for its intended purpose or does not suit the relevant circumstances;
- because you fail to obtain formal advice from a professional adviser concerning whether the product you choose is suitable for its intended purpose or is suitable for particular circumstances;
- because of the answers you provide to questions asked of you when using our service;
- because you modify the products after they are provided to you; or
- because you breach these terms and conditions in some other way. You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a result of your use of our service
You also agree to indemnify us, our subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
Additional terms and conditions are attached to certain pages of the website. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages.
TRADE CUSTOMERS – additional terms for trade customers
Trade Customers who log on and use our website, or puchase direct from Villa Maison through any other means including Trade Shows are subject to these additional terms
All our prices are net prices and will incur additional freight charges and 10% GST (if and when applicable). Prices quoted on our web site and/or order form were deemed correct at the time of processing. However, errors and omissions can occur. We reserve the right to make changes if and when necessary.
MINIMUM ORDER – New Customers
A minimum first order of $ 750 before freight charges and 10% GST applies. Minimum quantities per product also apply. In placing an order with Villa Maison you are deemed to have accepted all of Villa Maison’s trading terms.
MINIMUM ORDER – Existing Customers
A minimum order of $ 100 before freight charges and 10% GST applies at all times. Minimum quantities per product also apply. In placing an order with Villa Maison you are deemed to have accepted all of Villa Maison’s trading terms.
Supply of stock depends on availability. Out of stock items will automatically be back ordered, unless Villa Maison is advised of the contrary. Normal freight charges apply to back orders. For Proforma trade customers a 30% non-refundable deposit applies to backorders at all times.
COLLECTION PRIVE – Payment Terms
Orders for our ‘one off ’ and unique collection of Brocante and Vintage wares imported from France, require a 30% non-refundable deposit upon placing the order and need full payment before the order can be processed.
FREIGHT AND DELIVERY
Orders will be sent via Villa Maison’s nominated carrier on the customer’s behalf, or as agreed between Villa Maison and the customer. All freight costs are invoiced directly to the customer. We do our utmost to meet customer’s specific delivery requests. However delivery time or date quoted is subject to possible changes such as shipping schedule or carrier delays, strikes, accidents etc. which are beyond our control. For deliveries where there is nobody on site, an "approval to leave" form must be completed which absolves Villa Masion and its delivery companies from any damage or loss of goods. In the absence of an "approval to leave" form, goods will not be left on site and any redeliveries fees will be charged to the client at the full cost incurred to Villa Maison.
PAYMENT TERMS – Proforma customers
Full payment is due before any order can be processed. Payment can be made by electronic transfer, cheque, Visa or Master card. Dishonored cheques will incur an accounting fee of $ 25 plus GST. Unfortunately we do not accept American Express or Diners cards.
Property of Villa Maison goods passes to the purchaser only when full payment of the goods has been received and cheques have been cleared.
CHANGES TO OR CANCELLATIONS OF ORDERS
Any change to or cancellation of orders must be made in writing to Villa Maison’s head office within 48 hours of placing the order.
FEES: ORDER CANCELLATION AND STORAGE
- Changes to already picked orders: $ 50 plus GST
- Cancellation of already picked orders $ 50 plus GST
- Storage fees will be charged at an applicable rate based on the pallet volume or cubic volume of the goods. Storage will only be accepted if approved by Villa Maison head office and goods are paid for in full including delivery fees. Storage fees must be paid in advance. Minimum storage fees start at $7.00 per pallet per week (plus gst). No storage will be extended beyond 6 weeks.
RETURNS AND CREDITS
Returns and credits are only accepted when authorized by Villa Maison. All claims must be made in writing to Villa Maison’s head office within 7 days of receiving the goods. Failure to claim within 7 days constitutes customers’ full acceptance of the goods. Each claim must specify the reason for the claim accompanied by clear photos of the issue. Without such information or accompanying photos a claim will not be processed. Products who have been approved to be returned must be returned in their original boxes and packaging with the correct supporting paperwork provided by Villa Maison.
Failure to claim in writing within 7 days constitutes full acceptance of the goods.
Changes to the Terms
We reserve the right to amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the Terms.
These Terms will be governed by and construed in accordance with the courts of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
Competition and Consumer Act 2010
The parties acknowledge the provisions of the Competition and Consumer Act 2010 and agree that these terms are fair and reasonable and are not detrimental to any party.