Terms of service

Savoy Living Pty Ltd— Terms of Use & Conditions of Sale

PRELIMINARY

A. Each time you use or have access to this web site, you agree to be bound by these Terms of Use & Conditions of Saleas amended from time to time with or without notice to you. Please see our Privacy Policy, on the link below, which Policy is incorporated into these Terms of Use by reference.

B. You represent and Savoy relies on your representation that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”).

C. Clause 19.1 sets out Savoy’s rights and your rights under the Privacy Act 1988. These are in addition to and not in derogation to our obligations and rights set out in the Privacy Policy; see link.

1. Definitions

In this Terms of Use and Conditions of Sale, unless the context otherwise requires:

“ACL" means Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)
"Client" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally which person may also be referred to as the “buyer/s”.
"Credit Application" in relation to a Buyer means the Thirty Day Commercial Credit Account Application signed by the Buyer which refers to these Terms and Conditions.
“Goods" means all Goods or Services supplied by Savoy Living Pty Ltd to the Client at the Client's request from time to time including parts and accessories, services and equipment supplied, or to be supplied, to the Client by Savoy Living Pty Ltd (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
“GST" means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
"GST amount" means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
"GST Law" has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999, or, if that Act does not exist for any reason, means any Act as to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
“Payment" means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise 2 (other than a GST Amount) and includes the provision of any non- monetary consideration.
"Person" includes an individual, the estate of an individual, a corporation, an association (incorporated or unincorporated) and a statutory body or authority.
“Personal Data” refers to any information that relates to an identified or identifiable individual, and non-personal data (“Non-Personal Data”) refers to any information that does not identify a specific individual. Please note that at all times Savoy will adhere to the applicable statutory definition in determining what is and is not Personal Data for the purposes of our Privacy Policy. Where our Privacy Policy refers to “information” or “your information” this may include both Personal and Non-Personal Data.
"PMSI" means a Purchase Money Security Interest within the meaning of Section 14 of the PPSA
“Savoy " means Savoy Living Pty Ltd ABN 46 648 534 669, its successors and assigns or any person acting on behalf of and with the authority of Savoy Living Pty Ltd ABN 46 648 534 669 (hereinafter also referred to as “Savoy”) .

"PPSA" means the Personal Property Securities Act 2009 (Cth)

"Price" means the Price payable for the Goods as agreed between Savoy Living Pty Ltd and the Client in accordance with clause 5 below.

"Purchase Price" means the price for the Goods set out in the relevant Quotation or Sales Invoice.

"Quotation" means the form of quotation submitted by us to the Buyer in which these Terms and Conditions are or are deemed to be incorporated.

“Sales Invoice" means the sales invoice issued by us to the Buyer in which these Terms and Conditions are or are deemed to be incorporated.

"Tax Invoice" has the meaning given to that term by the GST Law and includes a Sales Invoice

"Taxable Supply" has the meaning given to that term by the GST Law.

2. Description, Acceptance & contract

2.1 The Client is taken to have expressly accepted and is immediately bound, if more than one, jointly and severally, by these terms and conditions if you use this website to place an order, OR additionally you place an order for or additionally you accept delivery of the Goods.
2.2 These terms and conditions may only be amended by Savoy in writing and published on this site and once published shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Savoy.
2.3 Unless previously revoked, a quotation is valid for 30 days or such other period as stated in it. A quotation is an invitation to treat and no contractual relationship will arise from it until the Buyer's order has been accepted in writing by Savoy.
2.4 Savoy will not be bound by any conditions attaching to the Buyer's order or acceptance of a Quotation unless such conditions are expressly accepted by Savoy in writing.
2.5 By ordering Goods, the Client is making a binding offer to purchase those Goods. Alternatively, delivery of Goods pursuant to the Buyers order will be deemed acceptance of the Client’s offer to purchase.
2.6 An accepted quotation is taken as an order for the purposes of this document
2.7 Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the Goods offered but may be subject to alteration without notice.
2.8 Any performance data provided by Savoy or a manufacturer is an estimate only and should be construed accordingly.
2.9 Unless agreed to the contrary in writing, Savoy reserves the right to supply an alternative brand or substitute product when necessary

3. Governing terms, conditions and Law

3.1 These are the only Terms and Conditions which are binding upon the parties, with the exception of those otherwise agreed in writing by Savoy or which are imposed by a statute and which cannot be excluded. These Terms and Conditions and any contract including them will be governed by and construed in accordance with the laws of the State of NSW and we and the Buyer submit to the non-exclusive jurisdiction of the courts of NSW.
3.2 The United Nations Convention for the International Sale of Goods does not apply to any contractual relationship between Savoy and the client.
3.3 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

4. Change in Control

4.1 Where goods are sold under a standing Credit Account arrangement with a client, the Client shall give Savoy not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client's details (including but not limited to, changes in the Client's name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Savoy as a result of the Client's failure to comply with this clause.

5. Price and Payment

5.1 At Savoy’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by Savoy to the Client; or

(b) Savoy quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2 Savoy reserves the right to change the Price if a variation to Savoy ’s quotation is requested. Any variation from the plan of scheduled Services or specifications (including, but not limited to, any variation as a result of additional Services required due to unforeseen circumstances such as stock availability, limitations to accessing the site, subfloor condition, prerequisite work by any third party not being completed or as a result of any increase to Savoy’s in the cost of materials and labour) will be charged for on the basis of Savoy’s quotation and will be shown as variations on the invoice.
5.3 At Savoy’s sole discretion a non-refundable deposit may be required.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Savoy, which may be:

(a) on completion of the Services;

(b) before delivery of the Goods;

(c) by way of instalments/progress payments in accordance with Savoy’s payment schedule;

(d) the date specified on any invoice or other form as being the date for payment; or

(e) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by Savoy.

5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and Savoy.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Savoy an amount equal to any GST Savoy must pay for any supply by Savoy under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.