Terms & Conditions

THE FURNITURE GALLERY – STANDARD TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms:

"App” means our mobile app named ‘The Furniture Gallery’.

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Contract” has the meaning given to it under clause 2.1(b).

“Discounts or Incentives” are written offers to provide Goods on terms or in a way that has been accepted by you.

“Delivery” has the meaning given to it under clause 6.1.

“Force Majeure Event” means any act, event or circumstance, other than a lack of funds:

(a) that occurs as a direct or indirect result of which the party relying on it is prevented from or delayed in performing any of its obligations under these Terms; and

(b) that is beyond the reasonable control of that party,

and includes plant and delivery breakdowns, industrial action, raw material shortages, adverse weather or computer or IT downtime.

“Goods” means any goods supplied or to be supplied by us to you on these Terms.

“GST” has the meaning given to that term in the GST Act.

“GST Act” means a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.

“Intellectual Property Rights” means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, know-how, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of those rights.

“Loss” includes, but is not limited to, loss, claim, action, damage, liability, cost, charge, expense, penalty, compensation, fine or outgoing suffered, paid or incurred.

“Manufacturer’s Warranty” has the meaning given to it under clause 10.2.

"Membership & Loyalty Program” means our membership and loyalty program.

“Order” means an oral or written order for Goods placed with us.

“PPSA” means the Personal Property Securities Act 2009 (Cth).

“Pre-Order Goods” are goods which are not yet in stock but have been made available to purchase as a pre-order.

“Sale of Goods Act” means the Sale of Goods Act 1895 (WA).

“Terms” means this document and its trading terms, as varied under clause 17.

“we” means The Furniture Gallery Osborne Park Pty Ltd ACN 169 572 203, The Furniture Gallery Cockburn Pty Ltd ACN 169 574 323 and The Furniture Gallery Joondalup Pty Ltd ACN 169 574 350 and our successors and assigns (“us” and “our” have corresponding meanings).

“Website” means www.thefurnituregallery.com.au.

“you” means a party requesting supply of Goods.

2. GENERAL

2.1. You acknowledge that each and every Order submitted to us (including both oral and written Orders):

(a) is a separate offer all or part of which we may accept or reject at our absolute discretion; and

(b) to the extent accepted by us, gives rise to a binding agreement between you and us for the supply of Goods on these Terms (“Contract”).

2.2. These Terms replace any other terms previously in force.

2.3. We may vary these Terms at any time in accordance with clause 17. Your continued purchase of Goods after these terms are varied constitutes your acceptance of the varied terms applying to all Orders after the date of variation.

3. OUR PRICES

3.1. Prices listed on our Website are stated in Australian dollars and are inclusive of GST. Delivery and any other installation costs will be charged in addition to the price stated on the Website and will be added during checkout.

3.2. We aim to ensure that the pricing of the Goods shown on the Website is correct at all times. However, the Website may not always accurately reflect the correct details at the time you place your Order.

3.3. We reserve the right to change prices displayed on our Website at any time and without notice. If we discover an error in the price or payment of any Goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling the Order. If we are unable to contact you, we will treat the Order as cancelled.

3.4. If the Order is cancelled and you have already made a payment towards the Goods, you will receive a full refund.

4. ORDERS

4.1. You may order Goods by submitting an Order to us.

4.2. Please choose carefully as we do not refund or exchange Goods if you change your mind or make a wrong selection. Once submitted, an Order cannot be cancelled, or Delivery deferred, without our consent. We do not offer lay-by.

4.3. We are not bound by an Order except to the extent we accept an Order, either by notifying you of acceptance or by commencing performance of the accepted part of the Order. We are not obliged to accept any Order.

4.4. Please note that there may be variances between the colours and textures of timber, leather and other products in store and depicted on our online store due to natural characteristics of the product. Colours, shades or textures may appear different to the physical product if they are viewed on screens and may present differently on different displays and screens. If the exact colour, shade or texture is important to you please arrange a viewing at one of our stores. Refunds will not be given for any such variations of colours, shades or textures as this will be considered a change of mind. However, if Goods are materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.

4.5. All particulars of weight, size and dimensions on the Website are approximate only. If you would like to find out further approximate dimensions not shown on the Website, please contact us or otherwise visit us in store.

4.6. Unless otherwise specified, all Goods are available within Australia only.

5. PAYMENT

5.1. You must pay:

(a) the agreed charges in respect of each item of Goods supplied by us (which may include our cost of arranging Delivery or freight of Goods);

(b) any other amounts owing under these Terms or our pricing policies,

(in each case without deduction or set-off) to us within the relevant timeframe set out in this clause 5.

5.2. If one or more invoices are outstanding, we may elect to apply and allocate all of the proceeds of any payment made by you (or on your behalf) firstly to any late payment fees accrued on any outstanding invoices, secondly to the oldest invoice outstanding and then to each more recent invoice (in order from the oldest to the most recent) until all invoices are paid in full.

5.3. You must pay us the full amount of any Order prior to us accepting the Order and Delivery of relevant Goods.

5.4. We may at our absolute discretion agree to accept an Order with a minimum deposit of 20% with the final payment of the balance at a later time (maximum two payments per Order). In all circumstances full payment must be received by us prior to Delivery or pickup. All deposits are non-refundable if you choose to cancel your Order or do not pay the balance amount to accept delivery of the Goods.

5.5. We have no obligation to Deliver, and no liability for failure to Deliver any Order unless and until full payment has been received in cleared funds.

5.6. You have not paid our invoice for Goods until we have received the entire amount you are due, at any time, to pay to us under the invoice.

6. DELIVERY OF GOODS

6.1. Goods will be delivered to the location identified as the delivery address listed on your Order with our white glove delivery service or when the Goods are collected by you or your nominated carrier (“Delivery”, “Deliver” or “Deliveries” as the context requires), unless otherwise specified in writing.

6.2. Any time quoted for Delivery of Goods (including Pre-Order Goods) is an estimate only. Delivery may occur at any time between 7am to 7pm.

6.3. The estimated Delivery time for Pre-Order Goods is subject to change pending arrival of stock.

6.4. Our white glove delivery service includes unwrapping, assembly of the goods, and removal of packaging as part of Delivery.

6.5. Delivery charges and estimated times will depend on where your product is being delivered. You must ensure the correct delivery address and access details are provided to us and advise us if Goods are to be delivered upstairs or downstairs. Any date or time provided by us for Delivery is an estimate only.

6.6. You must take Delivery within 7 days of us notifying you the Goods are ready for Delivery. If you fail to do so, we may arrange suitable storage for such Goods at our premises or elsewhere and you must pay and/or indemnify us for all costs of such storage, including insurance, handling and pro-rata premises rental.

6.7. We will telephone your nominated telephone number one day before Delivery will be effected to confirm Delivery details, and on the day of Delivery between 7am to 9am to advise on the estimated time for Delivery. Products will only be delivered if you or your nominated representative (being a person over 18 years) is able to accept Delivery at the delivery address. Delivery will require rescheduling and a further Delivery charge will be incurred if you or your nominated representative is not present to accept Delivery.

6.8. We reserve the right to make part Deliveries of any Order and each part Delivery constitutes a separate Contract upon these Terms.

6.9. If the Goods arrive and you notice the packaging or the item itself is clearly and significantly damaged or clearly does not meet the description of the Goods, please take photos or videos of the damage and/or Goods. In those circumstances, please refuse to accept the delivery and email us those photos and/or videos immediately to enquiries@thefg.com.

6.10. Within 48 hours of any Delivery, you must contact us and arrange for an inspection of the delivered Goods. You acknowledge that by accepting Delivery and not contacting us in writing within this time period, you confirm that the delivered Goods have been received in accordance with the Order (subject to your rights under law, including the Australian Consumer Law, which cannot be excluded).

7. RETURNS

7.1. You agree Goods may only be returned to us in accordance with our Warranty & Returns Policy ([https://thefurnituregallery.com.au/pages/warranty-returns-policy]), and that our Warranty & Returns Policy (as amended from time to time) forms part of these Terms.

8. RISK AND TITLE

8.1. Risk in the Goods passes to you, on the earlier of:

(a) when the Goods are collected by you or by any person or carrier authorised to collect the Goods on your behalf; and

(b) on Delivery to the street address nominated by you (if you have requested us to Deliver the Goods).

8.2. Proper title to Goods supplied by us to you under a Contract does not pass to you until all Goods supplied by us under any Contract have been paid for in full as identified in clause 5.5.

8.3. While the title in the Goods remains with us and until such time it passes to you, you must not:

(a) charge or encumber the Goods in anyway;

(b) grant or otherwise give any interest in the Goods to a third party;

(c) convert the Goods and, if so converted, we will be the owner of the end Goods; and

(d) sell or dispose of the Goods and, if so sold or disposed of, you will hold any proceeds of the sale or disposal on trust for us until you have paid for the Goods in full.

8.4. You should consider whether you need to obtain suitable insurance.

9. WARRANTIES

9.1. You warrant that you or the person making an Order on your behalf has sufficient power and authority to enter into a Contract with us on these Terms.

9.2. You warrant that no statement or representation made by you or on your behalf to us prior to entering into any Contract with us is misleading or deceptive in any respect, and you warrant that you will be truthful and accurate in your dealings with us.

10. MANUFACTURER’S WARRANTY

10.1. In the case of Goods sold but not manufactured by us, we will, to the extent permitted by law and contractual terms applicable to us, extend the manufacturer’s warranty to you.

10.2. If the manufacturer’s warranty is available to you, on delivery of the Goods, you may be required to register the purchase of the Goods with the relevant manufacturer and sign the warranty documentation, to obtain the benefit of the manufacturer’s warranty (“the Manufacturer’s Warranty”).

10.3. Any product warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may be eligible to make a claim in relation to Goods that are faulty in accordance with our Warranty & Returns Policy ([https://thefurnituregallery.com.au/pages/warranty-returns-policy]).

10.4. 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 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 a major failure.

11. INDEMNITY

11.1. You agree to indemnify us against all actions, claims, proceedings, demands, liabilities, Losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against us or which we may pay, sustain or incur as a direct or indirect result of any one or more of the following:

(a) any breach of non-performance of these Terms by you, including any breach of warranty;

(b) any wrongful, wilful or negligent act or omission by you or by any of your employees, agents or contractors;

(c) the storage, handling or use of any Goods sold under or in connection with these Terms, except to the extent caused by the wrongful, wilful or negligent act or omission or use of any of our employees, agents or contractors; and

(d) any injury or Loss sustained by any person who is employed or engaged by you as an employee, agent or contractor for the purpose of (among other things) the performance by you of your obligations under these Terms and who suffers any injury or Loss arising out of or in the course of such employment or engagement.

12. LIMITATION OF LIABILITY

12.1. To the maximum extent permitted by law and subject to these Terms:

(a) we exclude all conditions and warranties expressed or implied whether by statute, the common law, equity or otherwise (including but not limited to under the Sale of Goods Act);

(b) we are not liable to you for any Loss, damage, liability, expense, injury or death sustained or incurred by you or any other party, including without limitation any loss of profits, or economic, special, indirect or consequential loss or damage, whether resulting directly or indirectly out of any negligence by us, the supply, performance or use of any Goods out of any breach by us under any Order incorporating these Terms, even if notified of the possibility of that potential loss or damage;

(c) where liability cannot be excluded, we limit liability to the resupply (or at our election, paying for the cost of resupply) of that part of the relevant Goods subject to any claim;

(d) our liability to you for Loss of any kind arising out of these Terms is reduced to the extent that you caused or contributed to the Loss; and

(e) we accept no liability in relation to or on behalf of third parties, including liability to your customers.

12.2. If, despite clause 12.1, we are held or found to be liable to you for any matter, our maximum aggregate liability for all claims under or relating to these Terms or its subject matter, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the price paid by you under the relevant Contract to which the claim relates.

12.3. Pursuant to and subject to the applicability of the Australian Consumer Law and Sale of Goods Act, where we are not able to exclude a guarantee, term, condition, warranty or similar imposed by legislation in relation to these Terms or a Contract (Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to (at our election), the repair or replacement of the Goods that relate to the breach or the supply of substitute Goods that relate to the breach (or the cost of doing so).

12.4. Nothing in this clause 12 excludes, restricts or modifies the application of any law, the exercise of any right or any liability which cannot, by law, be excluded, restricted, or modified or any right to rely on any exclusion or limitation of liability or any defence provided for by any such law.

12.5. In no event shall we be liable to you or any other party for any Loss which is indirect, consequential or special in nature, including without limitation loss of profit, loss of income, loss of revenue, loss of opportunity, loss of production, any economic loss or financial costs, in each case whether arising in contract, tort (including negligence), equity or any other legal principle or doctrine.

13. THE APP AND MEMBERSHIP & LOYALTY PROGRAM

13.1. Upon using the App and joining the Membership & Loyalty Program, you are taken to have accepted these Terms and the Membership & Loyalty Program Terms and Conditions ([https://thefurnituregallery.com.au/pages/membership-loyalty-program-terms-and-conditions]).

14. INTELLECTUAL PROPERTY

14.1. Title to, and all Intellectual Property Rights in the Website and any documentation relating to the Goods, remains the property of us (or our licensors). We do not give you any right in or license to any of the Intellectual Property Rights on or associated with our Website.

14.2. No part of our Website or any of our content supplied to you or which appears on our Website may be decompiled, modified, reverse engineered, copied, reproduced, republished, preformed/presented in public, uploaded, publicly displayed, encoded, translated, sold, exploited, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any business or commercial enterprise (including

further copying, recording, taping or by a store and information retrieval system) without our prior consent.

15. PRIVACY

15.1. Our Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]), as amended from time to time, describes how we manage the collection, disclosure and use of personal information, and forms part of these Terms. By accessing and using the Website, you acknowledge we may use and disclose your personal information in accordance with our Privacy Policy. You should review the Privacy Policy and not use our Website or place any Orders if you do not consent to the collection of your personal information.

16. GST

16.1. In this clause 16:

(a) the expressions “Consideration”, “Input Tax Credit”, “Recipient”, “Supply”, “Tax Invoice” and “Taxable Supply” have the meanings given to those expressions in the GST Act; and

(b) “Supplier” means any party treated by the GST Act as making a Supply under a Contract.

16.2. Unless otherwise expressly stated, all prices or other sums payable or Consideration to be provided under or in accordance with these Terms are exclusive of GST.

16.3. If GST is imposed on any Supply made under or in accordance with these Terms, the Recipient of the Taxable Supply must pay to the Supplier an additional amount equal to the GST payable on or for the Taxable Supply, subject to the Recipient receiving a valid Tax Invoice in respect of the Supply.

16.4. Payment of the additional amount must be made at the same time and in the same way as payment for the Taxable Supply as required by these Terms.

17. VARIATIONS

17.1. We reserve the right to amend or vary these Terms from time to time at our discretion.

17.2. You will be given notice of any change or variation to these Terms by us publishing the amended Terms on the Website or by being sent a copy of the amended Terms by email, post or facsimile.

17.3. The amended Terms apply and are incorporated into each and all Contracts from that time.

18. TRUSTS

18.1. This clause applies if you are a trustee and whether or not we have notice of the trust.

18.2. Where you comprise two or more persons and any of those persons is a trustee this clause applies to such trustee.

18.3. You agree that even though you enter into these Terms as trustee of the trust, you also shall be liable personally for the performance and observance of every covenant to be observed and performed by you expressed or implied in these Terms.

19. OTHER ACTIVITIES AND THIRD PARTY WEBSITES

19.1. From time to time, we may promote, or advertise events, offers, items services or other activities that may be conducted offline or by third parties. These events, items, services or other activities may be subject to separate terms and conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate terms and conditions.

20. Our Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of our Website and are not under our control. We do not accept responsibility for the content of any such hyperlink or linked website. If you click on a link to any third party websites you leave our Website entirely at your own risk.

21. MISCELLANEOUS

21.1. Our failure to insist, or delay in insisting, upon strict performance of these Terms will not be deemed to be a waiver of any of our rights or remedies.

21.2. If any of these Terms is unenforceable, illegal or void then it is severed and the rest of the Terms remain in force.

21.3. Our obligations will be suspended during the time and to the extent that we are prevented from or delayed in complying with those obligations as a result of a Force Majeure Event.

21.4. If we or any of our suppliers, manufacturers or any carriers are affected by a Force Majeure Event, we must:

(a) as soon as reasonably possible after being affected, give you particulars of the Force Majeure Event and the manner in which our performance of our obligations will be prevented or delayed; and

(b) take reasonable steps to remove, overcome or minimise the effects of the Force Majeure Event, except that we are not obliged to settle a strike, lockout or other labour difficulty.

21.5. If at any time, we or any of our suppliers, manufacturers or any carriers are affected by a Force Majeure Event which continues for a period of 14 days or more, we may terminate the Contract without any liability to you. In these circumstances, you will receive a full refund.

21.6. Service by us of any document will be treated as having been effected when sent to:

(a) the mail address shown in the Order;

(b) the fax number, by facsimile transmission; or

(c) the email address, by email.

21.7. Any agreement, deed, covenant, representation, or warranty given by two or more persons in connection with these Terms or a Contract is given jointly and severally.

21.8. To the extent that there is any inconsistency between these Terms and any other agreement (including your standard terms or any earlier terms between us), these Terms will prevail and these Terms (and the incorporated policies) contain the entire agreement between us in relation to the supply of Goods by us to you.

21.9. These Terms, our policies, any Contract and any communications we have with you regarding our terms of supply (including without limitation our pricing and Discounts or Incentives) are our confidential information. You or your employees must not disclose this confidential information to any person (except to the legal, financial, or business advisers for the purpose of seeking advice relating to the terms and conditions), without our prior written consent. You must notify us immediately of any unauthorised use or disclosure of our confidential information. Nothing in this clause prevents you from disclosing our confidential information if you reasonably believe it is required by law (but this clause does not permit you to disclose or authorise the disclosure of any information under section 275(1) and (4) of the PPSA unless section 275(7) of the PPSA applies), as long as you notify us immediately when you become aware that such a disclosure may be required. The obligations of confidentiality will survive expiration or termination of these Terms and will continue until the information ceases to be confidential.

21.10. These Terms and each Contract will be governed by and construed in accordance with the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the Western Australian courts and any courts with appellate jurisdiction.

21.11. All indemnities in a Contract are continuing and will not be released by our neglect or forbearance or by a Contract being terminated or otherwise ceasing to operate.

21.12. Time is of the essence to these Terms.

 

THE FURNITURE GALLERY – MEMBERSHIP & LOYALTY PROGRAM TERMS & CONDITIONS

1. DEFINITIONS

In this document (Terms & Conditions), any undefined terms have the same meaning given in the Furniture Gallery’s Standard Terms and Conditions [https://thefurnituregallery.com.au/pages/terms-conditions].

2. GENERAL

2.1. You can sign up to our membership and loyalty program (Membership & Loyalty Program) through our App.

2.2. Our Membership & Loyalty Program provides access to loyalty points, discounts and other rewards which can be redeemed through your card (Membership & Loyalty Card).

2.3. By using the App and signing up to the Membership & Loyalty Program, you agree to be bound by these Terms & Conditions.

2.4. We may vary these Terms & Conditions at any time in accordance with clauses 8 and 9. Your continued use of the App and participation in the Membership & Loyalty Program constitutes your acceptance of the varied Terms & Conditions.

3. ELIGIBILITY

3.1. To use the App and be eligible for the Membership & Loyalty Program, you must:

(a) be an individual aged 18 years or older;

(b) reside in Australia;

(c) have a current Australian residential or postal address;

(d) have a verifiable mobile number; and

(e) have a verifiable email address.

3.2. You must not register multiple subscriptions. You can only have one subscription to the App and Membership & Loyalty Program.

3.3. Subscription to the Membership & Loyalty Program is subject to our acceptance and approval of your application. A subscription is only established upon our receipt, acceptance and approval of the original application. We may refuse any application at our absolute discretion.

3.4. Your subscription to the Membership & Loyalty Program is considered activated when your details have been fully completed using the App. You will receive notification of activation via SMS to their registered phone number, email or post.

4. YOUR DETAILS

4.1. It is your responsibility and a condition of your subscription to the Membership & Loyalty Program to ensure your details (including the details outlined in clause 3.1 above) within the App are accurate, current and complete.

4.2. We reserve the right to refuse to offer any loyalty points, discounts or rewards if you are unable to be identified as a subscriber to the Membership & Loyalty Program.

4.3. By using the App, you consent to your details being uploaded to your personal account on the Website.

5. MEMBERSHIP LEVELS

5.1. The Membership & Loyalty Program is tiered according to the number of points you accrue by transacting with us. There are four tiers to the Membership & Loyalty Program – ‘Black Tier’, ‘Silver Tier’, ‘Gold Tier’ and ‘Platinum Tier’.

5.2. Your subscription to the Membership & Loyalty Program comes with a Black Tier Membership & Loyalty Card. To progress:

(f) from Black Tier to Silver Tier, you must reach 100,000 loyalty points;

(g) from Silver Tier to Gold Tier, you must reach 375,000 loyalty points; and

(h) from Gold Tier to Platinum Tier, you must reach 750,000 loyalty points,

where $1 is equal to 12.5 loyalty points. For example, if you make a purchase totalling $1,000, you will earn 12,500 loyalty points.

5.3. When you progress up a tier, you will be provided a Membership & Loyalty Card for that tier, and unlock its discounts and rewards.

6. LOYALTY POINTS, DISCOUNTS AND OTHER REWARDS

6.1. You may earn loyalty points, discounts and other rewards only in relation to:

(a) eligible purchases made after the date you subscribed to the Membership & Loyalty Program; and

(b) your membership tier.

6.2. We may, in our sole discretion, determine your entitlements to loyalty points, discounts and other rewards under the Membership & Loyalty Program. Such entitlements may include (without limitation):

(a) communications from us;

(b) special promotional offers;

(c) information in relation to the Membership & Loyalty Program;

(d) loyalty points;

(e) discounts; and

(f) other rewards.

6.3. Loyalty points, discounts and other rewards cannot be exchanged or redeemed for cash in any circumstances.

6.4. A combination of cash, discounts and other rewards can be used to purchase Goods from our App.

6.5. The discounts and rewards of the Black Tier include:

(a) an initial bonus 250 loyalty points;

(b) the ability to earn 500 loyalty points for leaving a review on Goods you purchased (reviews must be genuine, both positive and negative reviews are valid);

(c) early notifications of special deals and events; and

(d) interior design help in store.

6.6. Subject to clause 6.7, the discounts and rewards of the Silver Tier include:

(a) 10% off homewares anytime you shop;

(b) 10% off cushions anytime you shop;

(c) 10% off soft furnishings anytime you shop;

(d) 10% off rugs anytime you shop;

(e) 10% off accent chairs anytime you shop;

(f) 20% off manchester and bed linen anytime you shop;

(g) 20% off ‘SLIP’ products anytime you shop;

(h) the ability to earn 500 loyalty points for leaving a review on Goods you purchased (reviews must be genuine, both positive and negative reviews are valid);

(i) early notifications of special deals and events; and

(j) interior design help in store.

6.7. Clauses 6.6(a)–(g) above do not apply during our sales events. During sales events, Silver Tier Membership & Loyalty Card holders will instead receive a 5% discount on top of the already discounted item.

6.8. Subject to clause 6.9, the discounts and rewards of the Gold Tier include:

(a) 15% off homewares anytime you shop;

(b) 15% off cushions anytime you shop;

(c) 15% off soft furnishings anytime you shop;

(d) 15% off rugs anytime you shop;

(e) 30% off manchester and bed linen;

(f) 30% off ‘SLIP’ products;

(g) 10% off artwork;

(h) 10% off florals;

(i) 10% off Glasshouse candles and fragrances;

(j) 10% off accent chairs anytime you shop; and

(k) early access to a list of products and prices for warehouse sales.

6.9. Clauses 6.8(a)–(j) above do not apply during our sales events. During sales events, Gold Tier Membership & Loyalty Card holders will instead receive a:

(a) 10% discount on top of already discounted homewares, cushions, soft furnishings, manchester and bed linen, and rugs; and

(b) 5% discount on top of already discounted artwork, florals, ‘SLIP’ products, Glasshouse candles and fragrances.

6.10. Subject to clause 6.11, the discounts and rewards of the Platinum Tier include:

(a) 20% off homewares anytime you shop;

(b) 20% off cushions anytime you shop;

(c) 20% off soft furnishings anytime you shop;

(d) 20% off rugs anytime you shop;

(e) 30% off manchester and bed linen;

(f) 40% off ‘SLIP’ products;

(g) 20% off artwork;

(h) 30% off florals;

(i) 30% off Glasshouse candles and fragrances;

(j) 15% off accent chairs anytime you shop; and

(k) early access to the list of products and prices for warehouse sales.

6.11. Clauses 6.10(a)–(j) above do not apply during our sales events. During our sales events, Platinum Tier Membership & Loyalty Card holders will instead receive a:

(a) 10% discount on top of already discounted homewares, cushions, soft furnishings, manchester and bed linen, rugs and artwork; and

(b) 5% discount on top of already discounted florals, ‘SLIP’ products and Glasshouse candles and fragrances.

6.12. You will gain access to the discounts and other rewards at a membership tier one day after the date you reach that membership tier. For example, if you accrue 100,000 loyalty points by purchasing Goods on 30 June 2023, you will gain access to the discounts and other rewards at the Silver Tier on 1 July 2023.

6.13. Our Warranty & Returns Policy [https://thefurnituregallery.com.au/pages/warranty-returns-policy] does apply in relation to the return of Goods purchased using loyalty points, discounts or other rewards. However, if the original purchase of the Goods resulted in you receiving loyalty points for that transaction, the accrued loyalty points for the original purchase will be forfeited upon the return of those Goods.

6.14. If you return any Goods (in accordance with our Warranty & Returns Policy) purchased using loyalty points, discounts or other rewards, it will not result in a cash refund. Instead, you will be refunded in the proportion of loyalty points, discounts or other reward used in the purchase.

6.15. Notwithstanding anything in these Terms & Conditions, nothing will prevent us from:

(a) offering promotional offers to individuals who are not subscribers to the Membership & Loyalty Program;

(b) making changes to the way in which loyalty points, discounts and other rewards are earned and redeemed; and

(c) making changes to loyalty points, discounts and other rewards.

6.16. We reserve the right to exclude certain rewards, Goods and services from the Membership & Loyalty Program.

6.17. Loyalty points, discounts and other rewards will not expire unless your subscription has been terminated. Loyalty points, discounts and other rewards will not be recredited if they have expired.

6.18. We reserve the right to reverse or cancel any loyalty points, discounts or other rewards provided to you incorrectly, by error, or not in accordance with, or in breach of, these Terms & Conditions.

7. ACCESS

7.1. Your subscription to the Membership & Loyalty Program, and any loyalty points earned with that subscription, are not transferable under any circumstances.

7.2. The App and your subscription to the Membership & Loyalty Program must only be accessed and used by you directly.

7.3. You must not share your subscription with third parties or use your subscription to resell our Goods to third parties.

7.4. You are responsible for the safe keeping of your App details. We will not be liable for any unauthorised use of the App or Membership & Loyalty Program.

7.5. You are responsible and liable for anyone else’s use of the App on your device.

7.6. It is your responsibility to contact us if you discover any unauthorised activity. Please refer to our Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]) for our contact details.

8. AMENDMENTS

8.1. In our absolute discretion, we may at any time, in accordance with these Terms & Conditions:

(a) amend any aspect of the loyalty points, discounts and other rewards available under the Membership & Loyalty Program;

(b) amend these Terms & Conditions.

9. NOTICE

9.1. We may need to amend these Terms & Conditions to, for example, reflect operational improvements and compliance with laws.

9.2. Prior to making any amendment, we will use reasonable endeavours to notify you of changes to these Terms & Conditions by providing SMS notice to your registered phone number.

9.3. If an amendment is more urgent due to, for example, an unexpected operational change or event beyond our control, we will provide subscribers as much notice as practicable in the circumstances.

9.4. It is your responsibility to check the Website and your registered phone number for notice of amendments to these Terms & Conditions.

10. TERMINATION

10.1. You may terminate your subscription to the Membership & Loyalty Program at any time in the App, within your account settings.

10.2. If you terminate your subscription to the Membership & Loyalty Program, you will no longer have access to loyalty points, discounts and other rewards. Any loyalty points, discounts and other rewards accrued at the date of termination will be forfeited and cannot be redeemed.

10.3. We may suspend your subscription to the Membership & Loyalty Program by providing 14 days’ notice to your registered phone number if we reasonably suspect that:

(a) your account information (including the details outlined in clause 3.1) are not accurate, current and complete;

(b) your use of the App and subscription to the Membership & Loyalty Program is in or is likely to be in breach of these Terms & Conditions;

(c) your use of the App or subscription to the Membership & Loyalty Program is fraudulent, unauthorised or abusive;

(d) any loyalty points, discounts or other rewards were obtained by fraud, unauthorised use or abuse;

(e) you have been inactive for three years or longer, where ‘inactive’ includes, among other things, logging into the App or transacting;

(f) you have used your Membership & Loyalty Card for the purchase of Goods for people who are not in your immediate family; or

(g) you have defamed, abused or deceived other customers, us or our staff,

(Material Breach).

11. MATERIAL BREACH

11.1. If we suspend your account under clause 10.3, we will notify you of the reason for that action over SMS to your registered phone number. You may respond to the notice during the 14-day notice period, providing reasons why we should not take action. We will review the response and advise of a decision, which is final and may include:

(a) removing the suspension with no further action;

(b) reverse, cancel or reverse and cancel some or all of the loyalty points, discounts or other rewards;

(c) cancel, suspend or refuse to honour any loyalty points, discounts or other rewards that have been redeemed by or provided to you; or

(d) terminate your membership.

11.2. If your subscription to the Membership & Loyalty Program has been terminated or suspended by us as a result of a Material Breach, we do not warrant that your subscription details will be kept or retrieved. You may, however, be eligible to reapply for a new subscription, subject to the Terms & Conditions in force at the applicable time.

11.3. We give no warranty as to the continuing availability of the App and Membership & Loyalty Program. We may terminate or suspend the App and Membership & Loyalty Program at any time upon one month’s notice to your registered phone number, except if we cease to operate as a business in which case the App and Membership & Loyalty Program will cease immediately.

11.4. In the event we terminate or suspend the App and Membership & Loyalty Program, you are entitled to redeem and use any loyalty points, discounts or other rewards accrued at the date or termination or suspension during the one month notice period, except if we cease to operate as a business in which case any loyalty points, discounts or other rewards will cancelled immediately.

11.5. Subscription to the Membership & Loyalty Program will terminate automatically on your death. All loyalty points, discounts and other rewards earned but not yet redeemed will be cancelled with effect from the date of death. We are not liable for any Loss suffered by any person as a result of such cancellation.

12. INTELLECTUAL PROPERTY

12.1. All title to, ownership of, rights and intellectual property rights in the App remain with us.

12.2. You must not use or reproduce any of our copyright material, trademarks, service marks, patents or other proprietary rights or material.

13. LIABILITY

13.1. To the extent permitted by applicable legislation, clause 12 of the Furniture Gallery’s Standard Terms and Conditions ([https://thefurnituregallery.com.au/pages/terms-conditions]) applies to these Terms & Conditions.

14. ACCEPTABLE USE

14.1. You must use the App and subscription to the Membership & Loyalty Program in accordance with these Terms & Conditions, our Standard Terms and Conditions ([https://thefurnituregallery.com.au/pages/terms-conditions]), and Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]), as amended from time to time.

15. FURNITURE GALLERY’S STANDARD TERMS AND CONDITIONS

15.1. These Terms & Conditions should be read alongside our Standard Terms and Conditions. Our Standard Terms and Conditions applies to these Terms & Conditions.

15.2. You should not use our Website, App or Membership & Loyalty Program if you have not read and agreed to the Standard Terms and Conditions.

16. FURNITURE GALLERY’S PRIVACY POLICY

16.1. Our Privacy Policy ([https://thefurnituregallery.com.au/pages/privacy-policy]) describes how we manage the collection, disclosure and use of personal information. Our Privacy Policy, as amended from time to time, should be read alongside these Terms & Conditions.

16.2. You should review the Privacy Policy and not use our Website, the App, the Membership & Loyalty Program or place any Orders if you do not consent to the collection of your personal information.

16.3. This clause 15 survives termination of these Terms & Conditions and the termination or suspension of your subscription to the Membership & Loyalty Program.