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Terms & Conditions

PAYMENTS

Full payment for products must be received by Brisbane Fireplace & Heating Center Pty Ltd prior to collection or delivery.

STORAGE

You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, Brisbane Fireplace & Heating Center Pty Ltd may charge you storage fees of up to $50 per delivery per week and/or cancel your order. LAY-BY (available at participating stores only)

Lay-by is available at participating stores only and is subject to the terms and conditions set out in the Lay-by Agreement between you and the participating store.

DELIVERY

Delivery charges and estimated times will depend on where your product is being delivered. You must ensure correct delivery address and access details are provided to us. We shall use all reasonable endeavours to meet the estimated delivery date; however you agree that Brisbane Fireplace & Heating Center Pty Ltd is not and will not be liable for any loss or damage however it arises, if the products are not delivered by the estimated delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising redelivery from the address identified on the card if delivery cannot be made because an appropriate person is not present.

RISK AND TITLE

All risk in Brisbane Fireplace & Heating Center Pty Ltd products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Brisbane Fireplace & Heating Center Pty Ltd of full payment by either cash or clearance of funds into our bank account.

GENERAL

Products are for domestic use only unless otherwise specified. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.

WARRANTY & CONSUMER GUARANTEES – Brisbane Fireplace & Heating Center Pty Ltd WARRANTY

Brisbane Fireplace & Heating Center Pty Ltd shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to the rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer.

EXCLUSIONS:

The Warranty will not apply if:

Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Brisbane Fireplace & Heating Center Pty Ltd.

The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.

The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.

The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.

The product is tampered with in any way.

The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

CONSUMER GUARANTEES

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 for 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Brisbane Fireplace & Heating Center Pty Ltd Warranty apply to the consumer guarantees.

CONSUMER GUARANTEE REMEDIES

If there is a major failure with the product, you are entitled to:

Reject the product and get a refund;

Reject the product and get an identical replacement, or one similar in value if reasonably available; or

Keep the product and obtain compensation from Brisbane Fireplace & Heating Center Pty Ltd for the drop in value of the product caused by the major failure.

If there is a minor failure with the product, you are entitled, at the election of Brisbane Fireplace & Heating Center Pty Ltd, to:

A refund of the cost of the product;

Replacement of the product; or

Have the product repaired within a reasonable time.

EXCLUSION OF IMPLIED WARRANTIES:

Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Brisbane Fireplace & Heating Center Pty Ltd is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.

CANCELLATIONS, RETURNS AND CHANGE OF MIND POLICY

Brisbane Fireplace & Heating Center Pty Ltd shall not accept a cancellation or return of any products if you simply change your mind unless Brisbane Fireplace & Heating Center Pty Ltd  chooses to do so at its absolute discretion. If Brisbane Fireplace & Heating Center Pty Ltd does accept a return or a cancellation for a change of mind, you must pay an amount to Brisbane Fireplace & Heating Center Pty Ltd which in the reasonable view of Brisbane Fireplace & Heating Center Pty Ltd  reflects the loss that Brisbane Fireplace & Heating Center Pty Ltd  will suffer as a consequence of the cancellation or return (including but not limited to storage fees and any mark down). Brisbane Fireplace & Heating Center Pty Ltd  shall set off this amount against any moneys already paid to us by you for this product, and refund the balance. For any charges over and above what has already been paid to Brisbane Fireplace & Heating Center Pty Ltd, you must pay such amounts to Brisbane Fireplace & Heating Center Pty Ltd  within 7 days of Brisbane Fireplace & Heating Center Pty Ltd’s request to pay.

MADE TO ORDER STOCK

Not withstanding any other provision of these terms and conditions, orders for products which are made to your specifications, including custom made furniture products or custom fabric products which have to be ordered specifically for a customer, may be subject to payment of a deposit which will not be refunded if you decide you no longer want the products.

COMPLAINT HANDLING PROCESS

HOW TO MAKE A CLAIM

To claim under a Warranty or a consumer guarantee, you must return the product for repair/inspection to your store of purchase, and pay for the associated costs (including any freight and insurance charges), unless these costs are significant in which case we will arrange for the product to be assessed either at your premises or ours at our cost. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you (that is, the original sales docket receipt or another acceptable form of proof of purchase). We will do our best to resolve the issue in a timely manner. For any queries please call 07 3399 9487

COMPLAINT HANDLING PROCESS

Brisbane Fireplace & Heating Center Pty Ltd customer satisfaction is of the utmost importance to us. In the unfortunate event that something has gone wrong with your Brisbane Fireplace & Heating Center Pty Ltd experience, we would like to hear about it.

In the first instance approach the Brisbane Fireplace & Heating Center Pty Ltd store directly, in person or over the phone, and explain the problem with the item or service. Keep notes of your contact with the store, such as:

  • Name of the person you spoke to.
  • Date of your meeting or phone call
  • The content of your discussion.

If verbal or written communication (email/letter) to the store you originally dealt with does not resolve your issue, Brisbane Fireplace & Heating Center Pty Ltd Management Pty Ltd can be contacted at:

Address: 46 Douglas St, Milton QLD 4064

Telephone: 07 3399 9487

Email:  info@bfandh.com.au

Brisbane Fireplace & Heating Center Pty Ltd will do its utmost to respond to your query within 24 hours of receipt (excluding weekends and holidays), and will endeavour to resolve the issue in a timely manner. Please allow for enough time to make arrangements for a remedy.