Terms and Conditions Basics

These terms and conditions (the "Terms and Conditions") govern the use of newart.com.au (the "Site"). This Site is owned and operated by Newart Australia PTY LTD. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Newart Australia PTY LTD and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally for the purpose of purchasing commercial furniture and not to use our Site for illegal purposes, and not to act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

Existing customers can use their login to transact through their existing account.  An account is created for new customers making purchases through the site. By entering your contact details into the checkout you agree to have an account is generated in your name. Requesting a quote by other means including but not limited to email or an in-person, will also create an account. Customers may also request an account be created through the site.

When you create an account on our Site, or take an action that results in an account being opened you agree to the following:

1 You are solely responsible for your account and the security and privacy of your account access, including passwords or sensitive information attached to that account; and

2 All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of goods

These Terms and Conditions govern the sale of goods available on our Site. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed that may be out of stock. 

All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee 100% accuracy of all goods we provide. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. By purchasing from the Site you agree to reasonable modifications and substitutions and accept associated risks, as determined by consumer law.

Online Cart

We accept the following payment methods through our Site: 

• Credit Card; and, 

• Direct Debit (after Invoicing) 

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Online Payments and Cancellations

Credit card

For improved security, online credit card transactions are managed by  Authtorize.net .  Newart Australia Pty LTD does not store/save or otherwise have access to credit card details beyond required transactional information provided by the Authorize.net gateway. 

Purchasing by credit card will initiate a credit card "Authorization". An "Authorization" is a hold on the purchase amount while the availability of stock and delivery date is confirmed by Newart Australia Pty LTD's Staff. Payment will automatically be "Captured" leading to settlement when staff confirm the products are in stock and where customers can expect delivery within 14 days of the order date.

If products have a lead time greater than 14 days, or the product has been subject to an unexpected price increase, the online sales order will be converted to a Quotation and customers can Accept or Reject the new terms of sale through the customer portal on the Newart Website. An email will also be sent to the customer outlining the estimated delivery time, change in price or potential substitutions.

After acceptance by the customer the payment will be captured for settlement. Rejecting the new quotation will typically result in a release of credit hold, though please note this is not an automated process and staff will usually contact you to confirm the cancellation first. 

At Newart Australia Pty LTD's discretion customers with orders in the "Authorization" period may request a cancelation by contacting our office by phone on 1300 088 886 during business hours. Please note that credit card transactions will be captured as soon as the stock availability is confirmed for delivery within 14 days. As such, payments may be captured quickly or outside of business hours.

Cancellations after the payments have been captured are generally unable to be cancelled unless required under consumer law as products will be ordered/dispatched as soon as the payment has been captured. 

Customers who have questions or uncertainty regarding products are recommended to request a Quotation. Quotations may also be settled by credit card but will not proceed automatically.

Invoice

Purchasing on Invoice online will automatically generate a Sales order/invoice payable by the customer. When Newart Australia Pty LTD's staff confirm the products are in stock and customers can expect delivery within 14 days of the order date, we will order/dispatch products on receipt of the invoice payment.

If products have a lead time greater than 14 days, or the product has been subject to an unexpected price increase, the Sales order/Invoice will be converted to a Quotation and customers can Accept or Reject the new terms of sale through the customer portal on the Newart Website.

An email will also be sent to the customer outlining the estimated delivery time, change in price or potential substitutions. A new sales order will be generated on acceptance.

In general customers are fully invoiced upfront with payment terms listed on the invoice. At the discretion of Newart Australia Pty LTD, Orders may be canceled prior to products being ordered/dispatched. Once products have been ordered/dispatched, It is generally not possible to cancel the order unless required under consumer law. If you need to discuss cancelation please contact Newart during business hours on 1300 088 886.

Customers who have questions regarding the invoicing terms are encouraged to contact our sales staff or request a Quotation. 

Quotation

When a customer requests a quotation online. Newart Australia Pty LTD's Staff will provide details on price and expected delivery date based on standard lead times and prices in our system.

Upon accepting a quote, a Sales Order/Invoice will automatically be generated for payment. In general, customers are then required to pay upfront with payment terms listed on the invoice.

Please note that stock and prices are always in flux and prices/delivery times may vary week to week. As such, on acceptance our staff will confirm that the quoted details are still correct and that the products are in stock and available as quoted.

In general lead times do not change and a delay on accepting the quote will likely result in an equal delay and the expected delivery date. New quotations will be issued if circumstance change and the customer can Accept or Reject the quote through the customer portal on the Newart Website.

An email will also be sent to the customer outlining the new estimated delivery time change in price or potential substitutions.

Shipping and Delivery

Products will be dispatched through our warehouse in Cairns or from one of our suppliers warehouses in Australia. Online listed product prices do not include freight or delivery.  You will be required to pay freight and delivery charges in addition to the price for the goods you purchase. This price is shown at the checkout if your postcode is within our nominated range of postcodes showing a calculated freight/delivery. If your postcode does not fall into this range your order is converted to a request-for-quote.

As stated previously, in-stock delivery time is usually within 14 business days. If a product is not in stock and cannot be delivered to you within 14 business days any payments will not be processed and you will be promptly contacted by staff to inform you of the expected lead time and to ask how you want to proceed. See the section Online Payments and Cancellations for more information.

Delivery will take place as soon as reasonably possible, depending on what is decided at the point of sale. Any delivery time provided by us is an estimate only and is not a contractual commitment. To the extent permitted by law, we will not be held liable for any loss suffered by you whatsoever as a result of any delay in the delivery of goods or as a result of non-delivery of goods.

Delivery times may vary due to unforeseen circumstances or those beyond the control of Newart Australia PTY LTD. These include but are not limited to; 

• Adverse weather events, 

• Pandemic induced logistics issues,

• Inadvertent third-party damage during transit.

Newart Australia PTY LTD Guarantees to follow Australian consumer law regarding providing reasonable solutions to delivery issues and customers can be assured that the company has over 15 years of trading reputation. Please note that delivery times do not include weekends and public holidays.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. The listed online freight and delivery prices are for ground floor delivery only. For delivery involving stairs, narrow entry-ways, lifts or other difficult circumstances you must request a quotation and list the specifics.

We are not liable for the failure of delivery due to delivery conditions being different from stated above. We are also not liable if your goods are delivered to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

In order to supply customers with furniture quickly, some larger orders may be delivered/assembled in multiple batches when the stock becomes available to us, or when assembly staff are available.

In the event that Newart staff arrive to a location and the location is not yet ready, including but not limited to; rooms containing old furniture yet to be disposed of Newart Australia PTY LTD reserves the right to invoice the customers for the failed delivery if sufficient notification was not given in advance. 

Where stock is ready for delivery, but the customers location is not ready to receive  (e.g. construction delay) Newart PTY LTD reserves the right to issue a storage fee after a reasonable delay, equal to the real cost of storage including losses associated with the inability to store other stock. 

In such cases, Newart reserves the right to fully invoice customers for both the reasonable storage costs and product costs for customers paying on invoice after delivery, once they are ready for delivery. 

Newart PTY LTD does not cover return shipping for goods unless agreed in writing beforehand and only then if the products are considered  at Newart PTY LTD's discretion damaged or not reasonably as described.

Assembly

Prices do not include assembly and all assembly must be quoted. Its important to note that Newart is a commercial furniture supplier and as such some products that would usually be assembled if purchsed from a domestic retail stores may arrive from Newart in a small number of parts or wholly unassembled.

Depending on time constraints, the product and the method of freight and delivery, some products may be assembled by Newart staff prior to delivery. It is important to note that many products delivered without assembly may need some Customer assembly (including but not limited to; connecting office chair gas struts or adjusting handles on mobile pedestals with a screwdriver or allen key). If you are unsure, please request an assembly quote for an accurate price.

Newart staff will work with you to find a suitable delivery and assembly date. It is your responsibility to provide staff timely access to a safe location with sufficient space to assemble and store furniture. In the event that the location is not ready for delivery or assembly on the assigned date, it may be difficult to find a new time and Newart PTY LTD is not responsible for such delays.

Most Newart assembly staff hold certification required to work on construction sites, however these requirements must be discussed during the quotation stage.

Newart Assembly

Assembly by Newart staff or contractors is usually available, however prices depend on the difficulty of items to assemble as well as the time associated with traveling to delivery locations and potentially accomodation for distant locations.  Newart quotes will specify the assembly conditions and requirements, but will not include the moving and disposal of existing furniture unless specified in writing.

In the event that Newart is unable to fully assemble an item in order to allow later contractors or service providers access, it is the responsibility of the customer to ensure the furniture assembly is finished. Newart PTY LTD will not mount IT monitors or be responsible for connecting data or telephony.

Self assembly

 It is the responsibility of customers to ensure that furniture assembled by people not employed or contracted by Newart PTY LTD is correctly and safely assembled. Newart Australia PTY LTD is not liable for any damage to property or injury to persons as a result of furniture being inappropriately assembled.  

Product warranties offered by Newart PTY LTD or manufacturers may also be voided or shortened due to the incorrect or inadequate self assembly or third-party assembly when not directly contracted by Newart PTY LTD.

Warranties

Every product sold by Newart Australia Pty Ltd is covered by a manufacturer’s warranty, including the following:



• It extends to the original customer only and is not transferable.

• It is effective from the date of purchase of the product.

• Original proof of purchase of the product or the receipt will be required for any warranty claim to be considered.



Newart Australia Pty Ltd warrants your product against any manufacturing defect or faulty workmanship including full replacement or repair in part or whole as displayed on the product, subject to the following:

• If the defect or faulty workmanship prevents the product to be used for its normal, intended purpose.

• Any defect in workmanship, which at the time of purchase of the product should reasonably presented itself to you at examination of the product.



Newart Australia Pty Ltd does not have any liability or responsibility under this warranty where, caused by conditions beyond Newart Australia Pty Ltd’s control including, but not limited to any cost, loss, misuse, neglect, accidents, attachment of accessories, not originating from Newart Australia Pty Ltd, act of God, overloading beyond recommended capacity or other improper treatment of the product, including unusual use or abusive wear and tear leading to malfunction or damage or incorrect assembly or disassembly of fitment by the purchaser or any other third party.



The warranty only applies for manufacturing faults, and does not cover components, which by their nature may reasonably require periodic replacement due to normal use.



The warranty does not extend to consequential or incidental damage, including but not limited to your existing furniture or environment or to any other person or property.



It is your responsibility to maintain the product adequately, including ensuring any components subject to wear through use, or exposure to the elements are inspected periodically and replaced with Newart Australia Pty Ltd parts as required.

No warranty is provided for failures caused by inadequate maintenance nor non-compliance to fitting instructions supplied by Newart Australia Pty Ltd. 

Cancellation of Orders

The acceptance of any cancellation request after a purchase order has been issued or an order confirmed is solely at Newart Australia Pty Ltd's discretion. Should a cancellation be accepted, the following conditions will generally apply:

Associated Costs: The customer will be responsible for all costs associated with the cancellation of the order. This includes, but is not limited to, freight, handling, and administrative fees incurred up to the point of cancellation. 

Restocking Fees for Standard Items:.  For standard items that are returned to stock as a result of order cancellation, the customer will be charged a restocking fee equivalent to 20% of the total value of the quoted items

Custom Items: Custom items are particularly challenging to resell and often utilise significant storage space. Therefore, any cancellation of orders involving custom items will result in a charge of 100% of the value of these items.

Notification of Cancellation: Customers wishing to cancel an order must provide written notification to our company via email or registered mail. Before cancellation is accepted a cost of cancellation will be advised if the customer still wishes to proceed.

Claims and Returns

If you are not happy with the condition of the product or it differs significantly from our description, you must within seven (7) days of the date of delivery, give us written notice, with particulars, of any claim that the goods delivered are not in accordance with your order.Please email [email protected]

If you fail to provide us with such notice, then to the extent permitted by law, the goods must be treated as having been accepted by you.
We are not required to provide a refund or replacement if you change your mind but you can choose a refund or exchange if an item has a significant issue, including where:

• The product has a problem that would have stopped a reasonable person from buying the item had they known about it.

• It is unsafe.

• It differs significantly from our description of it.

• It doesn’t do what we said it would and can’t be easily modified.

If the issue can be repaired within the warranty conditions, we will repair the item within a reasonable time. If it can not be repaired you can choose a refund or replacement. Alternatively, in some situations you may choose to keep the item and we will compensate you for any drop in value. Please keep your proof of purchase.

Should you change your mind and want a different product, and/or you send goods back to us for refund/restocking, you must pay all costs associated with the return of any goods (either to us or from us to you or any third party) including freight, insurance, handling, and other charges, unless otherwise agreed in writing by us, 

Goods cannot be returned to us without our prior written consent.Goods to be returned to us must be unsoiled, undamaged, packed and wrapped appropriately, and must include all original packaging and documentation.

Any restocking of returns (except for goods deemed by us to be incorrectly supplied or deemed by us to be defective) will incur a handling and administration charge of twenty (20) percent of the purchase price of the returned goods, unless otherwise agreed in writing. Custom made goods may not be accepted for return or restocking.

We accept no liability for any damage that occurs to any goods in return transit.To initiate the return of a product or a refund, call us on 1300 088 886 or email [email protected] and we will advise you on the return and refund process.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation.

These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites



Our Site contains a small number of links to thirds party websites as well as media hosted on third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability.

Newart Australia PTY LTD and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity.

Except where prohibited by law, by using this Site you indemnify and hold harmless Newart Australia PTY LTD and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. It is the users responsibility to ensure they are up to date with our terms and conditions.

Please contact us if you have any questions or concerns. Our contact details are as follows:

Phone:  1300 088 886

Email: [email protected]