Terms & Conditions

This website is owned and operated by Bay Gallery Furniture. ABN 31 422 374 491. All users/browsers of this website must agree to be bound by the terms and conditions set out below.

Do not use the Bay Gallery Furniture website if you do not agree to the terms and conditions below.

The information on this website is for general information only and may contain technical inaccuracies or typographical errors. Bay Gallery Furniture does not accept any responsibility for the information or accuracy provided on this website. Use of any information from this website is at your own risk. Bay Gallery Furniture will not be liable to any party for any direct or indirect consequential damages arising from use of this website or any linked websites. Bay Gallery Furniture provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchant ability of otherwise in relation to any information provided by Bay Gallery Furniture on this website.

All products offered for sale on this website or appearing on this website are the property of Bay Gallery Furniture and its contractors.

Nothing contained on this website is intended to hold out any express or implied representation to you that any other person (including any manufacturer, designer, retailer or other organisation) has authorised or is in any way associated or affiliated with this website or the goods, products and services shown on this website or offered for sale by Bay Gallery Furniture.

Specifications on this website are correct at the time of publishing but are subject to change without notice.

No part of this site may be reproduced in any manner without express written permission of Bay Gallery Furniture.

 

Terms & Conditions of Sale

This agreement is subject to the terms and conditions below, provided that the term or condition is not in breach of any applicable law or statute at the time and place of acceptance of this order by Bay Gallery Furniture.

 

Refund Policy

If you receive a product that you believe is not what was expected, please contact Bay Gallery Furniture via email info@baygallery.com.au within 24 hour of receipt of goods.

If we agree that the item was not advertised correctly or within the law, or there was a mistake with the advertisement we will replace the item or refund your money at our discretion.

Refunds will only be given when goods are returned to Bay Gallery Furniture in original packaging and original saleable condition or a 20% cancellation fee can be deducted from your final price if not in brand new condition.

Customers with a expedited delivery request over and above our standard delivery time frames and or customers who require furniture delivery before a specific event forfeit our money back guarantee offer. In the above circumstances the product is deemed to be delivered in an acceptable and as expected condition /colour at time of delivery.

Promotions and Competitions Other Terms and Conditions not listed herein and applying to Bay Gallery Furniture promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments) you must immediately discontinue using this website.

 

Delivery Policy

Our standard delivery is made to ground floor only. Specific date or time delivery requests may be charged at taxi truck rates with a minimum 3 hour call-out fee. Bay Gallery reserves the right to defer or re-book deliveries in hazardous weather conditions.

We provide a 2 person delivery service for all Items deemed difficult to deliver in metro Brisbane, Sydney and Melbourne only on request. Such items include fragile items, stone items, items over 30 kg, or items with a length over 160cm. For all other areas, we only provide a 1 person delivery.
 
Deliveries for such items to excluded areas will require assistance by at least one, or in some cases 2, physically able bodied persons to unload and deliver furniture into your home. If the delivery is deemed unsafe or hazardous for our staff or furniture product, Bay Gallery reserves the right to cancel/defer delivery. Re-delivery may be charged at standard cost or taxi truck rates.
 
It is the responsibility of the buyer to inform Bay Gallery of any potential hazardous delivery conditions prior to or at the time of delivery confirmation. Hazardous conditions may include but are not limited to: Internal driveway that is too narrow, not sealed, too steep or unstable to allow truck safe access and turnaround, steep or unstable incline that furniture must be carried over, narrow doorway or other access points or more than 12 steps required to access furniture delivery point. In some circumstances a delivery may be deemed safe for staff access though hazardous for potential damage to furniture items and/or home delivery address. In these circumstances Bay Gallery staff may proceed with delivery, however we may request you to sign a liability release form before proceeding with the delivery.    
 
Delivery times and dates are approximate only. Each part of the manufacturing process is carefully checked and any components not meeting our strict quality guidelines will not be dispatched, which may sometimes result in unavoidable delivery delays. Please contact our customer service for delivery information.

Bay Gallery is unable to accept liability for late or cancelled deliveries other than in the terms set out in our delivery guarantee.

Goods not collected or able to be delivered within 14 days will incur a weekly storage charge. Unless storage and delivery times are negotiated prior to sale. 

Hazardous Delivery / Liability Release Form

 

Customer Collect Policy

Pick up of your newly purchased items is available Saturday 8am to 12pm via prior arrangement. Please note we require you to contact us on (02) 8071 4360 with your invoice number and time of arrival 24 hours prior to pick up. Self-organised delivery using a third party courier, removal company, friend or family member is considered a pickup and the same policies apply.

Upon pick up you will need to provide your invoice number and ID. If you have paid via credit card you will also be required to show the credit card used. You will be required to read and sign a Pick Up Disclaimer document. Please see link below.

Pick Up Disclaimer

 

Specifications

We reserve the right to change prices, dimensions, design and construction without prior notice. As all Bay Gallery Furniture is handmade we allow up to 3% + or – variance in size on all products from the advertised measurements.

All customers are welcome to arrange a representative to inspect their items before being dispatched from our warehouse. However in the event the customer chooses not to inspect their items all liability for variances in colour, firmness, style and comfort interpretation is waived by the customer. All care is taken by Bay Gallery Furniture to accurately describe products for sale though no liability is accepted for variation in interpretation. For example where Bay Gallery advertises a cushion as white and on receipt of goods the customer believes the colour is cream, unless the customer has inspected the goods prior to dispatch all liability is waived by Bay Gallery Furniture. Other examples may include where Bay Gallery has advertised a product as 'dark brown' but on receipt of goods the customer believes the item is medium brown. Or Bay Gallery has advertised a firmness setting as soft, but on receipt of goods the customer believes the firmness is medium and so forth.

Our representatives are available to answer any questions concerning Bay Gallery Furniture products however, you must be solely responsible for your final selection including the suitability of a particular covering, colour and model.

Please choose carefully as we do not usually refund or exchange if you change your mind.

 

Essential Care & Maintenance

Your furniture is designed to specifications exceeding ordinary levels however the life of the furniture will depend on proper care and maintenance. Please read and follow carefully, the appropriate care and maintenance instructions for your furniture available on our warranty and care page on our website. Print outs of this information is also available in our store.

Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture may result in costly repairs and could void your warranty. Soft cushion fillings and removable covers may require periodic replacement due to normal use. Contact our customer service for information and pricing.

 

Variations

Your new furniture may exhibit different characteristics to the sample of showroom furniture depending on the selected covering and the degree of use. Soft furniture will vary in appearance, characteristics such as creasing and the degree of softness.

Colour swatches and samples are to be used as an approximate guide only as leather, fabrics, PE Wicker and Timber vary in colour and texture.

Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather.

We reserve the right to pattern match fabrics according to our best judgement.

 

Warranty

Each piece of furniture manufactured by Bay Gallery Furniture is protected by terms and conditions of the limited warranty. No other warranty is valid whether expressed or implied except for any implied conditions and warranties under mandatory laws applicable at the time and place of acceptance of this order by Bay Gallery Furniture.

Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture could void your warranty. Warranty is valid for original purchaser and orginal address only as specified on the invoice and is not transferable.

 

Carriers

Full payment is required prior to the goods passing to a contract carrier. All furniture is transported at the purchaser's own risk.

It is the responsibility of the purchaser to arrange insurance and to organise any additional protective packaging. Bay Gallery Furniture is not responsible for the goods once they have changed hands. Crating and additional protective packaging is not normally used if freight is by padded transport.

All freight and insurance charges, including charges for any additional packaging and crating are the responsibility of the purchaser.

 

Cancellations

Cancelation of standard orders after deposit or full payment and prior to dispatch from our warehouse are subject to a minimum cancellation charge amounting to 10% of the purchase price. Cancellation of special orders where manufacturing has commenced and/or purchases have been made on your behalf, are subject to a minimum cancellation charge amounting to 50% of the purchase price

The cancellation charge covers loss of value, administration and inventory costs, and other associated expenses.

 

Title

The title to the goods and ownership shall remain with Bay Gallery Furniture until such time as the purchaser has paid all amounts owing whether under this agreement or any other associated agreement. In the event of any default by the purchaser, Bay Gallery Furniture (without prejudice to any other rights) shall be entitled to repossession of the goods and for the purpose of repossessing the goods

Bay Gallery Furniture shall be at liberty to enter premises in which the goods are located and shall not be liable for any damage whatever incurred during repossession. If the purchaser sells the goods prior to payment of all sums owing, the purchaser shall hold the proceeds of such sale as trustee for Bay Gallery Furniture. Bay Gallery Furniture shall be entitled to all such proceeds.

 

Payment

Full payment of the balance of this invoice is to be paid prior to receipt of whole or part of the goods. No company or personal cheques accepted. Any costs incurred in obtaining payment for goods, including bank transfer fees, currency conversion costs, cheque representation fees and related charges, must be paid by the purchaser. All amounts are in Australian dollars unless specified in writing by an authorised representative of Bay Gallery Furniture. Bay Gallery Furniture reserves the right to cancel any invoice. Bay Gallery Furniture shall be entitled without prejudice to its other rights and remedies, to terminate or suspend the whole of or any part of any agreement between Bay Gallery Furniture and the purchaser.

 

Intellectual Property

The purchaser acknowledges that all intellectual property including designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Bay Gallery Furniture. The purchaser will not knowingly allow any intellectual property belonging to Bay Gallery Furniture to be reverse engineered, pirated or copied. Bay Gallery Furniture may be entitled to compensation for any loss of royalties, damages and/or costs arising from the pirating of Bay Gallery Furniture intellectual property.

 

Privacy Matters

Bay Gallery Furniture privacy statement 20 November 2007

Bay Gallery Furniture is a retailer, who trades utilising the web through its website and in its stores. Information about Bay Gallery Furniture can be obtained by logging on to www.baygallery.com.au or by contacting the Privacy Officer at:

Bay Gallery Furniture
Po Box 790
Kingswood NSW 2747
e-mail info@baygallery.com.au

This Privacy Policy explains how Bay Gallery Furniture collects and protects the privacy of personal information about you collected by Bay Gallery Furniture or provided by you to Bay Gallery Furniture via our website or from other sources.

This Privacy Policy does not apply in relation to acts and practices of Bay Gallery Furniture which relate directly to the employee records of present and former employees of Bay Gallery Furniture. Bay Gallery Furniture acknowledges and is committed to protecting your privacy and to disclose and hold personal information in accordance with the Privacy Act 1998 (“the Act”).

 

Privacy Policy

We have committed ourselves to protecting your privacy. We use the information gathered to enable your account and to enhance your online experience. Please read on for more details about our privacy policy. Bay Gallery Furniture will not sell its database of customer details or details about customers to a third party. Any and all the information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned! We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

When does Bay Gallery Furniture disclose the information it collects to outside parties? Bay Gallery Furniture does not sell, trade, or rent your personal information to others. Bay Gallery Furniture may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of Bay Gallery Furniture, our users, or others. What information do we collect and how do we use it? When you place an order through this website, we need to know your name, e-mail, phone number, address and credit card details if paying by credit card. This allows us to process and fulfil your order successfully. It also helps us in maintaining your account.

How does Bay Gallery Furniture protect customer information? When you place an order we use a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by several layers of encryption and several layers of security to prevent unauthorised access.

Credit Card Details All credit card payments are processed securely through the National Australia Bank Limited hosted payment page or via PayPal. Payment by credit card is the fastest way to receive your order as there is not clearance delay. Bay Gallery Furniture does not store any credit card information on our servers.

What about Cookies? "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. You will need cookies enabled to use the Bay Gallery Furniture website.

By using our website, you consent to the collection and use of this information by Bay Gallery Furniture. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.