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Delivery by US

The following applies if you elect for a carrier arranged by us to deliver the goods (Carrier) instead of collecting or arranging your own collection and/or delivery of the goods.

A service provided by our specialist delivery partner and tailored for NEGOTIUM CAPITAL customers. After you order leaves our warehouse, you will be contacted to arrange a suitable time for receiving your delivery. Your furniture is safely packaged for safe transit and will be delivered and handled by a professional delivery driver. NEGOTIUM CAPITAL offers 2 delivery options: Standard Delivery or Dual Man Delivery.

Standard Delivery:

With our standard delivery service, you will be required to assist the driver in carrying the item from the curbside.

Dual Man Delivery (only valid with eligible freight and postcodes): With our dual man delivery service option provided by our specialist delivery partner and tailored for our NEGOTIUM CAPITAL customers. A team of two professional delivery staff will bring the furniture items to your front door. NOTE: The delivery team may not necessarily bring the items inside your house. The following conditions are applicable with our delivery service :

• It is important that someone is at home to receive the delivery of your purchase on the designated day. No specific time of delivery can be provided. If no person is present to accept the goods on the scheduled delivery day, or the delivery is cancelled on the day of the scheduled delivery day, you will be charged for the non-delivery and a further charge for the re- delivery.
• It is important that sufficient, clear and safe access is available to deliver the goods you have purchased, as well as adequate coverings for protection on flooring. It is OH&S policy for Delivery staff to wear protective shoes.
• Deliveries to any address that require using a lift or staircase will only be left at the entrance of the lift or foot of the stairs. Unfortunately courier drivers are not able to help bring the order up the stairs or lifts so you will need to organise for another person to help you bring the product to your address.
• Please remember that it is your responsibility to check that your items will fit through doors, staircases and lifts in their packaging before you place your order.
• All deliveries will be delivered to the outer door only of the premises. Where accessibility is an issue you are required to advise in advance prior to delivery. Failure to advise will incur additional charges and may result in the goods being return to our depot.
• In cases where the goods need to be assembled, additional charges will apply. You should advise NEGOTIUM CAPITAL customer service if this is required prior to delivery. Fees and charges are applicable please contact us for updated pricing.
• In the event of a re-delivery due to reasons above in paragraphs (a), (b), (d) or (e), you will be charged double your original delivery fee (2 x delivery fees).
• When receiving goods, please inspect thoroughly before signing Received in good order as any claims for scratches, marks, dents or other damage will not be accepted.
• Failure to collect or take delivery of goods after 21 days from the date of contact by our Delivery department will result in the Sales Order being cancelled and all monies paid being forfeited.
• We make no representations about the Carrier other than those contained in this document, and we are not responsible for delivery by the Carrier.
• All packing and wrapping materials are your responsibility and will be left at the premises (delivery address).
• Any damage to property must be reported to the Carriers delivery driver and recorded at the time of delivery.

Collection of Goods from Us

The following applies if you elect to collect or arrange your own collection and delivery.

• We will not accept claims for scratches, indentations, marks, missing colour or any other damage once you have collected the goods from our Distribution Centre.
• When receiving goods, please inspect thoroughly before signing Received in good order as any claims for scratches, marks, dents or other damage will not be accepted.
• If collecting goods from our Distribution Centre, you must contact our Delivery department prior to pick-up and make an appointment.
• Payment must be made in full, 48 hours prior to collection of goodsat your nearest showroom, by cash or bank cheque. Personal cheques will NOT be accepted. For your convenience we can accept a credit card in-store 48 hours prior to pick-up, surcharges will apply. Credit cards will NOT be accepted over the phone.
• Upon collection of goods, an original Sales Order & Payment Receipt must be presented.
• OH&S prohibit our staff from lifting furniture outside our warehouse. Please make sure you have sufficient help to carry furniture from our warehouse to your vehicle.

Respecting your privacy

NEGOTIUM CAPITAL is committed to supporting the ‘National Privacy Principles for the Fair Handling of Personal Information’ which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations.

Our respect for our customers’ right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the National Privacy Principles.

This privacy policy sets out:

• 1. Matters of which you should be aware regarding information we may collect about you, our policies on the management of personal information, and generally, what sort of information we hold, for what purposes, and how we collect, hold, use and disclose that information
• 2. What personal information do we collect and store? So that we can provide services to you, we may ask for personal details such as your name, address, telephone number or e-mail address. Some examples of where we may need these details are for home delivery of your goods, service and support of your purchase, or competitions. Privacy law requires us to collect personal information about you only from you if it is reasonable and practical to do so.NEGOTIUM CAPITAL takes measures to ensure your personal information is protected from unauthorised access, loss, misuse, disclosure or alteration. We also take measures to destroy or permanently de-identify personal information when it is no longer required. The types of measures we take vary with the type of information, and how it is collected and stored. Generally, you have no obligation to provide any information requested by us. If you choose to withhold requested information however, we may not be able to provide you with the goods and services that depend on the collection of that information, particularly if the collection of that information is required by law.
• 3. How is personal information used? The personal information that we ask for is generally used to provide goods or services to you. For example, for a credit card transaction we need your card number, and for home delivery we need your contact details so we can arrange with you the delivery of your goods. We may also pass your details to other organisations who undertake these services for you on our behalf. We may also use your personal information in other ways to provide you with superior service. This may include using your personal information to advise you of new products and services. You have the right to tell us that you do not want us to send information to you other than for the main purpose for which we have collected your personal details. Where possible, we try to ensure that our disclosure of information to other organisations (for example market researchers, and others with whom we have commercial arrangements) is in a way which does not personally identify individuals.
• 4. Access to your personal information We will provide you with access to any of your personal information we hold (except in the limited circumstances recognised by privacy law) and in most cases if you have purchased at NEGOTIUM CAPITAL Online you may have access to the information that we hold about you. If you require support accessing your personal information, please e-mail sales@monarchfurniture.com.au. Of course, before we provide you with access to your personal information we will require some proof of identity. For most requests, your information will be provided free of charge, however we may charge a reasonable fee if your request requires a substantial effort on our part. If you need to update your information (e.g. if you change your address for Warranty purposes), please contact the relevant part of NEGOTIUM CAPITAL to which you supplied that information so we can make the change.
• 5. More information More information about Privacy law and the National Privacy Principles is available from the Federal Privacy Commissioner at http://www.privacy.gov.au/ If you have a query or complaint relating to your privacy, please contact our Privacy Officer who will respond to you in a reasonable time.The Privacy Officer NEGOTIUM CAPITAL Mail: 14/19-26 Durian Place Wetherill Park NSW 2164Email: sals@ultraguard.com.au

This Refund Policy is applicable to purchases made from Negotium Capital Pty Ltd and its related online websites.

Change of Mind

Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.

Goods Damaged in Transit

If any goods arrive damaged, please contact us within 24 hours of receipt. We will arrange to have the damaged item returned to our warehouse and either replace the product or refund the price to you. Damaged goods must be returned to our warehouse in the condition received by you with all original packaging. This will only apply whereby transport has been organised by us to you through our carriers. All claims need to be made in writing including any photos and emailed immediately to sales@monarchfurniture.com.au

Consumer Guarantees

Under the Competition and Consumer Act 2010 and under other consumer laws applying in each State and Territory, you have the right to have goods replaced, repaired or to receive a refund where:

• the goods are faulty;
• the goods are wrongly described;
• the goods are different from a sample shown to you; and/or
• the goods do not do what they are supposed to do.

These consumer guarantees are implied into all consumer contracts and cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by a manufacturer.

Any shipping costs to return the original product to us will be at our cost, whereby we consider the goods to have breached a consumer guarantee. If on examination of goods, returned to us, are found to not be in breach of the consumer guarantees, then we may charge you a fee for examining the goods, and any cost to return the goods to you.

Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that the problem with the goods was not your fault.

Consumer Guarantees do not apply where in our reasonable opinion the goods became unacceptable due to fair wear and tear, or the customer’s misuse, failure to use the goods in accordance with manufacturer’s instructions, or failure to take reasonable care.

Refunds

Refunds will be processed by us and will normally be processed within 7 days This refund policy is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale are applicable to purchases from NEGOTIUM CAPITAL PTY LTD Our Licensees, installers, or agents (herein after known as “US,”We,”Our”) of Our Products and/or Installation Services (“Product”).

These terms represent the complete Agreement between Us and You covering the sale of products from Us. Payment by You of a deposit pursuant to our tax quotation and/or invoice/order form (“Order Form”) will constitute an offer to us to purchase Products (the “Order”). All Orders are subject to acceptance by Us.

TERMS OF TRADE

NEGOTIUM CAPITAL offers to sell the goods to the purchaser whom Order Form is addressed for the price set out .
The purchaser accepts the Product on the following conditions:

• Prices for the goods are as set out on the quotation and/or invoice;
• All goods and services tax levied either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser;
• Unless otherwise expressly provided in writing herein, all costs of transportation are to be paid and borne by the purchaser and delivery of the goods to the carrier shall constitute delivery thereof to the purchaser, and thereafter such goods shall be at the purchaser’s risk.
• NEGOTIUM CAPITAL reserves the right to require payment in advance for any delivery hereunder or to require satisfactory security for payment to be given prior to such delivery taking place. In the event the purchaser fails to make payment in accordance with the terms of this agreement, NEGOTIUM CAPITAL reserves the right to cancel any delivery of the goods. If no arrangement is made for prepayment then it is deemed that payment is strictly by cash, or direct deposit into NEGOTIUM CAPITAL ’s nominated account and is due and payable prior to dispatch from NEGOTIUM CAPITAL ’s premises. Where NEGOTIUM CAPITAL decides to issue credit terms to the purchaser the terms are strictly 30 days from the date of invoice.
• NEGOTIUM CAPITAL will be entitled to invoice the purchaser on the date the product (s) delivered to the carrier. This is applicable only where NEGOTIUM CAPITAL has issued the purchaser with credit terms.
• NEGOTIUM CAPITAL shall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:-
• • fires, floods or other causalities;
  • Wars, riots, civil uprising, embargos, government regulation or NEGOTIUM CAPITAL ’s inability to obtain product from its usual source of supply;
  • Delays in transportation to NEGOTIUM CAPITAL , howsoever caused;
  • Other contingencies of manufacture or delivery whether or not of a claim mentioned and not reasonably within NEGOTIUM CAPITAL ’s control.
• Until the goods are paid for, full ownership thereof shall remain with NEGOTIUM CAPITAL . Until the goods are paid for in full by the purchaser the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for NEGOTIUM CAPITAL.
• NEGOTIUM CAPITAL may, if the purchaser is in default in payment for the goods, retake possession of the goods without notice, without being liable for any losses incurred or damage sustained as a direct or indirect consequence of NEGOTIUM CAPITAL retaking possession of the goods.
• The purchaser agrees that NEGOTIUM CAPITAL has access to its premises during normal business hours for the purpose of retaking possession the goods.
• NEGOTIUM CAPITAL shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed to the purchaser’s business or the purchaser goes into liquidation.
• The purchaser agrees and acknowledges that NEGOTIUM CAPITAL has the right to resell any or all of the goods of which it has retaken possession.
• If any money is not paid on the due date, the purchaser shall pay interest on that amount at the rate of 12% per annum to NEGOTIUM CAPITAL until the amount outstanding is actually paid.
• If and in the event that the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes into liquidation voluntarily or otherwise, NEGOTIUM CAPITAL may suspend or cancel the order.
• Any legal costs or expenses incurred by NEGOTIUM CAPITAL in recovery of any outstanding payment under this invoice shall be payable by the purchaser.
• Any special terms of sale on the reverse hereof are by this reference incorporated herein with the same force and effect as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms and conditions.
• The purchaser shall inspect the Product immediately upon delivery and/or completion thereof and shall within not more than seven (7) days from the date of delivery and or completion of installation give notice in writing to NEGOTIUM CAPITAL of any defect in the goods and/or workmanship or of any failure by NEGOTIUM CAPITAL to deliver goods as ordered by the purchaser. If the purchaser fails to give such notice then the goods shall be deemed to be in all respects in accordance with the order placed by the purchaser.
• If for any reason whatsoever NEGOTIUM CAPITAL accepts the goods returned by the purchaser, the purchaser shall pay to NEGOTIUM CAPITAL 10% of the invoice price as a handling charge.
• NEGOTIUM CAPITAL shall not be responsible for any consequential loss or damage which may be occasional by any failure of the goods or from any cause whatsoever.
• These terms of trading and any writing on the reverse hereof shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both parties.
• NEGOTIUM CAPITAL shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of NEGOTIUM CAPITAL and shall be entitled on the expiration of 10 days notice to the purchaser to dispose of such goods as NEGOTIUM CAPITAL thinks fit and to apply the proceeds towards such unpaid debts.
• No waiver by NEGOTIUM CAPITAL of any one breach of these terms of trading shall operate as a waiver of another breach of the same or of any other such terms of trading and the doing or omission of any act, matter or thing whatsoever by NEGOTIUM CAPITAL , its servants or agents (which but for this clause would amount to a waiver of NEGOTIUM CAPITAL ’s rights in respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of NEGOTIUM CAPITAL ’s rights and powers in respect of any such breach or default of any rule of law or equity to the contrary notwithstanding.
• The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by NEGOTIUM CAPITAL of goods ordered by you which cannot be excluded, restricted or modified. NEGOTIUM CAPITAL does not exclude such rights but does exclude all other conditions and warranties of any kind implied by custom, law or statute. To the fullest extent permitted by law, NEGOTIUM CAPITAL ’s liability for breach of any warranty or condition which cannot be excluded is limited at the option of NEGOTIUM CAPITAL to the supply of the goods and/or services ordered by you again or paying for their resupply.
• These terms and conditions shall be governed and construed in accordance with the law in the state of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that state.
• NEGOTIUM CAPITAL reserves the right to revise these terms & conditions from time to time without notice.

STOCK AVAILABILITY

If a product is unavailable when we process your order we will contact you to discuss a revised delivery & installation date, product substitute option, or refund options.

CANCELATION

Any cancellation must be communicated to our customer service department on sales@ultraguard.com.au . We will endeavour to accommodate Your request, if the merchandise has not been prepared and/or shipped. If Your entire Order is cancelled prior to production and/or shipment to You, We will apply a refund all monies less our cancellation fee. If an Order has been shipped any cancellation will require full payment.