In this article
1 General
1.1 Purpose
1.1.1 SG-JL Retail Pty Ltd [ACN 146 061 207] and its subsidiaries and associated entities, collectively or individually trading as James Lane and/or James Lane Furniture (James Lane) is in the business of designing, sourcing and selling quality, stylish and affordable furniture, mattresses, and bedding within Australia.
1.1.2 These terms and conditions will apply to each Order placed with James Lane and set out the obligations of the Customer and James Lane in respect of the Order unless otherwise agreed by James Lane in writing.
1.1.3 These Terms and Conditions constitute a binding legal agreement between James Lane and the Customer in respect of the sale and purchase of the Products which are the subject of the Order. By making the Order, the Customer irrevocably agrees to these Terms and Conditions. These Terms and Conditions state all the express terms of that agreement and supersede all prior discussions, negotiations, understandings and agreements in respect of that subject matter.
1.1.4 To the fullest extent permitted by law, James Lane is only required fulfil Orders in accordance with these Terms and Conditions.
1.2 Definitions
1.2.1 Available Date means the date on which James Lane anticipates the Products being available for delivery or collection by the Customer.
1.2.2 Clearance/Floor Stock means Products which are marked by James Lane at the time of Order as with the terms “Clearance” and/or “Floor Stock”.
1.2.3 Deposit means the deposit made by the Customer at the time of placing the Order and required for James Lane to effect the Order.
1.2.4 Homeware Products means homeware products and boxed mattresses and any other products James Lane may designate as 'Homeware Products' from time to time, including but not limited to rugs, cushions, throws, clocks, wall art, décor accents (such as vases, bowls, pots, small décor), lighting, artificial flowers and plants, storage baskets and poufs
1.2.5 In-Stock order means an Order for Products which James Lane currently holds in inventory at one of its warehouses and which are available for delivery or collection.
1.2.6 In-Store purchase means the purchase of Products which James Lane currently holds in inventory at the point of sale (ie. in store) and are immediately available for the Customer
1.2.7 Non-Stocked (MTO included) means an Order for Products which James Lane does not currently hold in inventory and which will be custom made by James Lane to the Customer’s particular specification.
1.2.8 Order means any order placed for the future supply of Products by James Lane, including but not limited to In-Stock orders and Non-Stocked orders, regardless of whether the Order is placed in store or online.
1.2.9 Products means the product(s) to be supplied by James Lane in respect of each Order.
1.2.10 The words "includes" and "including" are not words of limitation.
1.3 Use
1.3.1 All Products are sold for domestic use only.
1.4 Variation
1.4.1 James Lane reserves the right to vary these Terms and Conditions from time to time. The Terms and Conditions which apply to an Order are those that are made available to the Customer at the time the Order is made. If James Lane varies the Terms and Conditions, a copy of those Terms and Conditions will be made available in-store and on the James Lane website.
1.5 Governing Law
1.5.1 These Terms and Conditions are governed by the law in force of New South Wales, Australia.
1.5.2 To the extent there is any inconsistency between these Terms and Conditions and any summary or abridged version of these Terms and Conditions, the terms and conditions set out in these Terms and Conditions will prevail to the extent of any inconsistency.
1.5.3 If any provision of these Terms and Conditions is invalid under the laws of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
2 Order
2.1 Details
2.1.1 The Customer is solely responsible for checking all details of the Order at the time the Order is made and must satisfy itself that the Order is correct, including but not limited to the following:
(i) Personal details such as the Customer’s name, delivery address and phone number;
(ii) Product details such as the model name and/or item code, the size and dimensions of the Product, the colour of the Product, the quantity ordered and any other special requirements.
2.1.2 James Lane will only be bound to supply the Products in an Order once the Order has been accepted by James Lane and James Lane has issued a sales invoice to the Customer. James Lane reserves the right to reject an Order for any reason, including where the Products in the Order are not available or where there is an error in the price or description of a Product.
2.2 Product Variation
2.2.1 James Lane will use reasonable endeavours to ensure that the Products supplied are accurately reflected in available specifications and display items. However, the Customer acknowledges that:
(i) some Products are made of materials such as natural timber and marble and therefore each product sold may be varied in colour, knots, veins and other naturally occurring features, and may vary in appearance from the Products on display;
(ii) some Products are handmade and may vary in size and weight from the Product specifications provided and/or from the Products on display;
(iii) due to dye lot variation, James Lane cannot guarantee that upholstered goods will match any sample swatches provided.
3 Payment
3.1 General
3.1.1 All prices quoted are in Australian dollars and inclusive of GST, unless expressly specified otherwise. The Customer must pay all taxes (including GST) payable in connection with the supply and delivery of the Products to the Customer.
3.1.2 James Lane may charge a separate delivery fee for delivery of the Products to the Customer.
3.1.3 James Lane accepts credit and debit card payments, and buy-now-pay-later facilities. The Customer is responsible for paying any merchant fees that may be charged on credit and debit card payments, and buy-now-pay-later transactions.
3.1.4 If the Customer elects to pay by credit or debit card, or by using a buy-now-pay-later facility, and payment is not received by James Lane from the card or facility issuer for any reason, the Customer must pay James Lane, on demand, all amounts due for the Products and any delivery together with any fees, costs or other charges incurred by James Lane in respect of the card or buy-now-pay-later facility transaction.
3.2 In-Store Purchases
3.2.1 In-Store purchases must be paid for in full at the point of sale.
3.3 Deposit
3.3.1 For all Orders, a minimum deposit of 40% of the total order value (including applicable delivery fees) is required for all Orders. James Lane reserves the right to cancel an Order placed without a deposit of 40% of the total order value.
3.4 Balance Payment
3.4.1 For all Orders, the balance owing on the Order must be received in full by James Lane not less than four days prior to the Products being delivered or collected.
3.5 Set-off
3.5.1 The Customer acknowledges and agrees that, to the maximum extent permitted by law, James Lane may set off against any moneys or refund which is due to the Customer under these Terms and Conditions any moneys that are or may become payable by the Customer to James Lane under these Terms and Conditions or in respect of any other agreement or order between the Customer and James Lane.
3.6 Title
3.6.1 Title to the Products is passed to the Customer upon the later to occur of James Lane receiving payment in full for the Products and delivery or collection of the Products by the Customer. Risk in the Products passes on delivery or collection of the Products by the Customer.
3.6.2 To the fullest extent permitted by law, James Lane, acting reasonably, is entitled to invoice the Customer for the Products and the Customer is obliged to make payment in respect of such invoice even where the Customer has refused or failed to take or accept delivery of the Products.
4 Delivery & Collection
4.1 General
4.1.1 For all Orders, and subject to Clause 4.2.4, the Customer may collect the Products from a James Lane store or warehouse or arrange for James Lane to deliver the Products to the Customer’s nominated delivery address.
4.1.2 For all Orders, James Lane will provide the Customer with an expected Available Date, being the date on which James Lane anticipates the Products being available for delivery or collection.
4.1.3 James Lane will use reasonable endeavours to satisfy quoted lead times and meet the expected Available Date, however, Available Dates are estimates only and are not guaranteed. James Lane will inform the Customer of any changes to the Available Date, where such changes are greater than 28 days.
4.1.4 James Lane will contact the Customer shortly before the Available Date to arrange collection or delivery.
4.1.5 Failure by the Customer to arrange collection or delivery of the Products within six weeks of the Available Date may, at James Lane’s discretion, result in the cancellation of the Order and forfeiture of all monies paid to James Lane.
4.2 In-Store and Warehouse Collection
4.2.1 For Customers requesting in store or warehouse collection, and subject to Clause 4.2.4, James Lane will contact the Customer shortly before the Available Date to confirm a collection date.
4.2.2 When collecting purchased Products from a James Lane store or warehouse, the Customer agrees to inspect the Products carefully, and in accordance with Clause 4.4.
4.2.3 Store and warehouse collection hours are between 10am and 3pm daily, and failure to collect the Products during this period will result in collection being deferred to the following day. Failure to collect the Products on 14 consecutive days may, at the discretion of James Lane, result in the Order being cancelled and the forfeiture of all monies paid to James Lane.
4.2.4 The Customer agrees that any large furniture and bedding Products cannot be collected in store and must be collected from a James Lane warehouse.
4.2.5 The Customer agrees that any concrete or marble dining tables cannot be collected in store or at a warehouse, and must be delivered to the Customer.
4.2.6 The Customer acknowledges and agrees that due to requirements under the Work, Health and Safety Act 2011 (Cth), Work, Health and Safety Regulations 2011 and Work, Health and Safety Regulations 2017 (NSW), James Lane staff cannot assist the Customer with lifting, loading or transporting the Products.
4.2.7 The Customer is solely responsible for lifting, loading or transporting the Products when collected in store or from a warehouse.
4.2.8 The Customer is solely responsible for providing wrapping, blankets or other materials reasonably required to safely transport the Products.
4.2.9 To the fullest extent permitted by law, James Lane disclaims all responsibility and liability in respect of any loss, injury or damage that may occur as a result of the Customer (or its representatives and agents) lifting, loading, transporting or storing the Products incorrectly.
4.2.10 The Customer agrees to provide photographic identification (eg. passport or drivers license) at the time of collection. James Lane reserves the right to deny collection of the Products if the details on the identification do not match the contact details provided when the Order was placed.
4.2.11 If the Products are being collected by a third party, the Customer must provide the name and contact details of the third party to James Lane. The Customer must ensure that the third party provides photographic identification and consents, prior to collection of the Products, to their identification details being recorded by James Lane. James Lane will be entitled to assume that any third party nominated by the Customer to collect the Products will have full authority from the Customer to inspect and collect the Products on behalf of the Customer.
4.2.12 To the fullest extent permitted by law, James Lane reserves the right to deny collection of the Products by a third party if the Customer or the third party does not comply with Clause 4.2..
4.3 Delivery
4.3.1 For customers requesting James Lane to arrange delivery, James Lane will contact the Customer shortly before the Available Date to confirm a delivery date. Once the delivery date is confirmed by the Customer it cannot be changed by the Customer within five days of the Delivery Date.
4.3.2 On the day prior to the Delivery Date, James Lane will confirm delivery to the Customer. On the Delivery Date James Lane will send the Customer a link to the delivery schedule, advising a window of time during which James Lane will endeavor to deliver the Products (the Delivery Window). The Delivery Window will updated as the delivery gets closer to the Customer, and can be monitored by the Customer. The Customer acknowledges that James Lane is not able to arrange or confirm a specific delivery time.
4.3.3 The Customer acknowledges that the Delivery Window is only an estimate and delivery during the Delivery Window cannot be guaranteed.
4.3.4 The Customer agrees to arrange for someone to be present at the delivery address during the delivery window to facilitate and accept delivery of the Products. Failure to facilitate and accept the delivery of the Products during the delivery window will be considered a failed delivery. In the event of a failed delivery, James Lane will contact the Customer to arrange a new delivery date and the Customer will be liable for a second delivery fee, noting that the second delivery fee will not exceed the original delivery fee.
4.3.5 It is the Customer’s responsibility to ensure that the Products can be safely delivered to and within the delivery address. The Customer can refer to the “James Lane How to Measure for Delivery" guide which can be found on the James Lane website. James Lane is not responsible for, and disclaims all loss and liability in respect of, any items that do not fit into the delivery address or which cannot be transported to or within the delivery address due to inaccessible stairways, corridors, doorways or other obstacles.
4.3.6 Whilst James Lane's will use reasonable endeavours to deliver the Products carefully and safely, James Lane is not responsible for, and disclaims all loss and liability in respect of, any damage to the Products or the property and premises of the Customer (or any other person) incurred during delivery of the Products arising from poor accessibility or other obstacles to or within the delivery address. James Lane will use reasonable endeavours to inform the Customer where it believes there is a material risk of damage to either the Products or the Customer’s (or anyone else's) property and in such circumstances reserves the right to leave the Products at the safest point closest to the delivery address.
4.3.7 James Lane reserves its right to request that the Customer sign a release and indemnity releasing James Lane from any liability for any damage to the Products and/or any premises, and indemnifying James Lane against any damage to third party property, as a result of James Lane being requested by the Customer to attempt any such delivery.
4.4 Customer Inspection & Acceptance
4.4.1 The Customer agrees and acknowledges that inspection of the Products upon delivery or collection is solely its responsibility and the Customer agrees to examine all Products immediately upon collection or delivery.
4.4.2 The Customer agrees to report any damage to the Products to the delivery driver and record details of any such damage onto the delivery sheet in the possession of the delivery driver.
4.4.3 If there is subsequently found to be a manufacturing and/or other fault it is the responsibility of the Customer to report any faults with photo evidence to James Lane within 7 days of delivery, by either contacting a James Lane store or by notifying the James Lane Warranty and Claims Department through the ‘Contact Us” page on the James Lane website (www.jameslane.com.au).
4.4.4 The Customer agrees that. subject to the Australian Consumer Law, its failure to notify James Lane in writing of any fault within 7 days from the date of delivery means that the Customer is deemed to have accepted the Products with that fault and in good order and condition and James Lane may, acting reasonably, refuse any claim subsequently made by the Customer regarding that fault.
5 Cancellation, Returns & Refunds
5.1 Cancellations & Returns: In-Store Purchases
5.1.1 The Customer may return Products sold as In-Store purchases to James Lane within 7 days from the date of sale, provided that the Products are:
(i) returned in their original condition;
(ii) in their original unopened and sealed packaging; and
(iii) accompanied by proof of purchase.
Except as provided in this Clause 5.1.1 the Customer will not be entitled to return any Products sold as In-Store purchases due to change of mind.
5.1.2 For the avoidance of doubt, this clause does not apply to furniture products which are not Homewares Products (such as large furniture items) and Clearance/Floor Stock.
5.2 Cancellations & Returns: In-Stock Orders – Homewares Products
5.2.1 The Customer may return Homewares Products sold as In-Stock orders to James Lane within 7 days from the date of the receipt of the Products, provided that the Products are:
(i) returned in their original condition;
(ii) in their original unopened and sealed packaging; and
(iii) accompanied by proof of purchase.
Except as provided in this Clause 5.2.1, the Customer will not be entitled to cancel any In-Stock order for Homeware Products, or return any Homeware Products sold as In-Stock orders, due to change of mind.
5.2.2 This clause does not apply to Clearance/Floor Stock.
5.3 Cancellations: In-Stock Orders – Products other than Homewares Products
5.3.1 For In-Stock orders for all Products other than Homewares Products, the Customer may cancel all or part of the order in accordance with Clause 5.3.2 provided that the Products have not been collected by or delivered to the Customer and, in respect of Products to be delivered, the Order has not been booked for delivery.
5.3.2 The Customer may cancel an Order within 3 days of it being placed with no penalty. If the Customer wishes to cancel an Order after 3 days of placing the Order, the Customer must pay an administration and restocking fee of up to 20% of the cancelled Order value. If the Customer paid a Deposit at the time of placing the Order, this fee will be taken from the Deposit before any remaining Deposit is refunded to the Customer.
5.3.3 Except as provided by the terms and conditions of specific promotions (eg. “100-Night Sleep Promise”), once the Products have been collected by or delivered to the Customer (or booked for delivery to the Customer), the Customer will not be entitled to cancel the Order or return any Products (which are not Homeware Products) due to change of mind.
5.3.4 This clause does not apply to Clearance/Floor Stock.
5.4 Cancellations & Returns: Non-Stocked Orders – Homewares Products
5.4.1 The Customer may return Homewares Products sold as Non-Stocked orders to James Lane within 7 days from the date of the receipt of the Products, provided that the Products are:
(i) returned in their original condition;
(ii) in their original unopened and sealed packaging; and
(iii) accompanied by proof of purchase.
Except as provided in this Clause 5.4.1, the Customer will not be entitled to cancel any In-Stock order for Homeware Products, or return any Homeware Products sold as In-Stock orders, due to change of mind.
5.4.2 This clause does not apply to Clearance/Floor Stock.
5.5 Cancellations: Non-Stocked Orders – Products other than Homewares Products
5.5.1 For Non-Stocked orders, the Customer may cancel all or part of the Order within 3 days of placing the Order, with no penalty.
5.5.2 If the Customer wishes to cancel an Order after 3 days of placing the Order, the Customer must pay a cancellation fee equal to 40% of the cancelled order value. If the Customer paid a Deposit at the time of placing the Order, this fee will be taken from the Deposit before any remaining Deposit is refunded to the Customer.
5.5.3 Except as provided by the terms and conditions of specific promotions (eg. “100-Night Sleep Promise”), once the Non-Stocked Products have been collected by or delivered to the Customer (or booked for delivery to the Customer), the Customer will not be entitled to cancel the Order or return any Non-Stocked Products due to change of mind.
5.6 Cancellations: Clearance/Floor Stock
5.6.1 The Customer will not be entitled to cancel any Order for Clearance/Floor Stock or return any Clearance/Floor Stock due to change of mind.
5.6.2 The Customer acknowledges that Products marked as Clearance/Floor Stock are being sold at a reduced price and are not available in conjunction with any other sale, offer or promotion.
5.6.3 If the Clearance/Floor Stock item is subject to any defect or other issue affecting its condition which was brought to the attention of the Customer prior to the Order being made, the Customer agrees that it will purchase the Clearance/Floor Stock item subject to that defect and in that condition and, subject to the Australian Consumer Law, the Customer must not make any warranty or other claim in respect of that defect or condition.
5.7 Refunds
5.7.1 Where the Customer is entitled to a refund in accordance with these Terms and Conditions, the Customer agrees that:
(i) all refunds are processed centrally, and cannot be approved in-store;
(ii) any refund will be processed to in the same form of tender as the original payment made by the Customer;
(iii) James Lane will be entitled to deduct from the refund any fees, charges or other amounts which may be owing by the Customer under these Terms and Conditions;
(iv) the refund process may take up to 10 days and can vary depending on the processing times of the Customer’s bank; and
(v) gift cards and store credit may be offered in lieu of a refund.all refunds are processed centrally, and cannot be approved in-store
6 Warranty Claims
6.1 Claims Process
6.1.1 The Products may be subject to a manufacturer’s warranty against manufacturing or other defects. Except where James Lane is the manufacturer of the Product, James Lane will not be responsible for any manufacturer’s warranty and any claim under a manufacturer’s warranty must be made against the manufacturer in accordance with the terms of that warranty.
6.1.2 Any warranty provided by James Lane is provided to the Customer only and is non-transferable. The warranty is subject to the exclusions and other qualifications described in Clause 6.2. Any warranty claim must be made within the applicable warranty period for that Product. The warranty period commences from the date of collection or delivery of the Products.
6.1.3 For warranty claims against James Lane, the Customer must lodge a claim directly with the relevant James Lane store of purchase or via the James Lane website.
6.1.4 All warranty claims must be provided in writing and must include relevant photographs and batch numbers, and must be accompanied by a copy of the invoice issued by James Lane in respect of the Products
6.1.5 The Customer must return the Products to James Lane at the relevant store of purchase or nearest warehouse, or arrange for collection of the Products where they were delivered to the Customer by James Lane.
6.1.6 Upon receipt by James Lane of returned Products, James Lane will assess the Products and may request further information or documentation. The Customer agrees to promptly provide any further information or documentation reasonably requested by James Lane relating to the warranty claim.
6.1.7 James Lane will advise the Customer in writing whether the claim is covered by warranty and, if it is covered, James Lane may, at its cost, elect to either repair or replace the Product or offer the Customer a refund for the Product.
6.2 Extent of Liability
6.2.1 To the fullest extent permitted by law and subject to the Australian Consumer Law, James Lane will not be liable for defects arising from or relating to:
(i) the abuse or misuse of the Products or lack of reasonable care in respect of the Products;
(ii) damage caused by improper cleaning, negligence, treatment of the products with chemicals, exposure of the Products to direct sunlight, extreme heat, bright lights or similar conditions resulting in discolouration, or otherwise caused by the Customer’s acts and/or omissions or those of any third party;
(iii) damage caused by corrosive materials, such as acids or solvents, or by dyes, inks, paints, human or animal bodily fluids;
(iv) damage resulting from abnormal or improper use or abuse of the Products;
(v) damage incurred during handling and/or transportation of the Products by the Customer or any third party;
(vi) where the furniture is not used correctly, e.g. sitting on sofa arms or standing/swinging on dining chairs;
(vii) any defects or other issues affecting the condition of the Products disclosed to the Customer prior to the purchase of the Products;
(viii) factors beyond the reasonable control of James Lane;
(ix) unusual, non-recommended or negligent use, storage or cleaning of the Products;
(x) non-compliance with any user manuals or instructions James Lane provided with the Products;
(xi) normal wear and tear;
(xii) improper tampering or interference with the Products;
(xiii) repairs, alterations, modifications, additions or maintenance to the Products by anyone other than James Lane or anyone authorised by James Lane;
(xiv) where the Products are used for commercial, contract, rental trade, institutional or other non-residential use;
(xv) accidental loss or damage to the Products; or
(xvi) any breach or non-compliance by the Customer in respect of their obligations under these Terms and Conditions.
6.3 Australian Consumer Law
6.3.1 Notwithstanding any other provision of these Terms and Conditions, all Products supplied by James Lane come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Full details of the consumer guarantees may be found at www.consumerlaw.gov.au.
6.3.2 Nothing in these Terms and Conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee or right or remedy or other obligation imposed or implied by the Australian Customer Law which cannot be excluded, restricted or modified.
6.4 Other claims
6.4.1 Except as specifically provided in these Terms and Conditions, the Australian Consumer Law or a manufacturer’s warranty given by James Lane, to the full extent permitted by law, James Lane excludes all express or implied warranties, conditions and other terms in respect of the Products and disclaims all liability for any loss, injury, damage or claims arising from or relating to the Products.
7 Privacy
7.1 James Lane Privacy Policy
7.1.1 The James Lane Privacy Policy will apply in respect of any personal information collected by James Lane in connection with supplying the Products to the Customer. A copy of the James Lane Privacy Policy is available at www.jameslane.com.au.