Sales Terms

These Sale Terms apply between MR AND MRS DESIGNER LIMITED (HK) 3200868 (us, our or we) and the Person named on a Quotation or Sales Order (you) regarding you buying from us the Goods or Services, on and subject to an Agreement.

General terms
1. These Sale Terms apply between MR AND MRS DESIGNER LIMITED (HK) 3200868 (us, our or we) and the Person named on a Quotation or Sales Order (you) regarding you buying from us the Goods or Services, on and subject to an Agreement.
2. If you do not accept these Sale Terms, then we will not process your Sales Order.
3. An Agreement will be on and subject to any special conditions set out by us in a Quotation, Sales Order or Sales Invoice, these Sale Terms and our Privacy Policy, whether you make your order over the phone, via email or through our Online Shop. Additionally, our Website Terms will also form part of that Agreement if you have made your order through our Online Shop.
4. No other terms and conditions will apply to the Agreement, including any you purport to make when placing an order with us.
5. An Agreement may only be cancelled or varied with our prior written consent.
Definitions and interpretation
1. In these Sale Terms unless the context otherwise requires:
  - Agreement means a contract between us and you for the sale and purchase of the Goods or Services on and subject to the terms and conditions referred to in clause 1.3
  - Anticipated Delivery Date is deemed to be the greater of either your requested delivery date or our achievable delivery date
  - Goods mean the goods (if any) agreed in the Agreement to be supplied by us to you
  - Payment has the meaning given in clause 8.1
  - PPSR is the Personal Property Securities Act 2009 (Cth)
  - Quotation means the form, tender or quotation submitted by us to you regarding the Goods or Services
  - Sales Order means the schedule detailing the Goods or Services ordered on your behalf that have been confirmed by you and are to be delivered in accordance with these terms and conditions
  - Sales Invoice means the sales invoice issued by us to you which is subject to these terms and conditions, and
  - Services mean the services (if any) agreed in the Agreement to be performed by us to you.
2. The expression Person includes an individual, the estate of an individual, a government body, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
Quotations, Sales Orders and Sales Invoices
1. A Quotation is valid for 30 days or such other period as stated in the Quotation, unless it has been withdrawn by us.
2. A Quotation is not an obligation to sell, but is merely an invitation to treat. No contractual relationship arises from a Quotation until your order has been accepted by us in writing, and after you have made full payment of the deposit where required in accordance with clause 4.
3. Any special conditions specified in a Quotation, Sales Order or Sales Invoice will take precedence over these Sale Terms to the extent that they are inconsistent with these Sale Terms.
4. Every Quotation, Sales Order or Sales Invoice is subject to and conditional on obtaining any necessary import, export or other licence. If we cannot obtain any such licence, we reserve the right to cancel the Quotation or Sales Invoice, without liability to you, except we will promptly return to you any deposit you have paid us under a Sales Invoice.
Conformity to description
1. Whilst reasonable efforts are made by us to:
  - supply Goods with correct sizes, slight variations in size may occur
  - maintain consistency, variations from sample in colour and quantity may occur
  - supply material in accordance with the quality of any samples submitted to you or quoted for, the quality cannot be guaranteed, and
  - supply Goods to specific colours, variations from colour may occur (ie. colours in person may vary slightly from what you see on your monitor, depending on your monitor settings), and
  - we will not be liable to you for any such variations or inconsistencies.
2. Photographs, drawings, illustrations and any other particulars associated with or given in descriptive literature or a catalogue of ours, approximate the Goods or Services offered by us, and cannot be relied on by you.
3. Any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.
Price
1. All prices for Goods or Services are quoted in your selected local currency.
2. Unless otherwise stated by us in writing, the prices quoted in a Quotation or Sales Order or set out in a Sales Invoice exclude delivery, installation, insurance in transit, packaging, crating, handling charges, agents’ charges and any other charge for a Good or Service.
Terms of payment
1. You must pay us according to the payment terms set out in the Quotation or Sales Order.
2. If you order through our Online Shop, Payment in full is required.
3. If you are a non- account holder, we will require full Payment before we effect delivery of the Goods or performance of the Services.
4. If you are an account holder, we require payment of our invoices within 7 days of their date of issue unless otherwise specified in the Quotation or Sales Order.
5. We accept payment by Visa, MasterCard and American Express.
6. For bank transfer payments, after you’ve submitted your bank transfer remittance receipt we will need to verify it with our bank account, once confirmed, your item will be dispatched.
7. Any confidential and private information we receive in processing your payments under this Agreement will be held and used in compliance with our Privacy Policy.
8. For furniture and lighting that carry a lead-time of 10 weeks and over, you can place a 50% deposit to place the order. This deposit is non-refundable. We will contact you just prior to the item arriving to organise the balance of payment and delivery. We will store items for you free of charge for three weeks once they arrive, after this, storage fees will apply. If the balance payment is not made on an item four weeks after it has arrived, we reserve the right to cancel your order and your deposit will be forfeited. Please contact us to arrange a 50% deposit as this option is not offered on the website
Shipment and delivery
1. On acceptance of an order, we may confirm the period of shipment or delivery and must notify you of any variation from the quoted period. Unless you object in writing within 7 days of that notification to you, the period of shipment or delivery notified to you will be the contractual period for shipment or delivery.
2. A quoted period for delivery will only start on the date you approve our drawings, specifications and finishes schedules (as applicable), or on the date you pay the deposit, whichever is the later. We may extend the quoted period if you request any variation to the drawings and finishes schedules after that date.
3. We will not accept any liability or responsibility for delays in the delivery of Goods. We will only be liable for liquidated damages for a delay in delivery if these have been stipulated in the Quotation, Sales Order or Sales Invoice, and are limited to 5% of the contract value of the Agreement.
4. Quotes of deliveries are given with best intentions but are not guaranteed. Time is not of the essence regarding the delivery of the Goods or the Anticipated Delivery Date, unless the Quotation, Sales Order or Sales Invoice expressly states otherwise. Time for delivery cannot be made of the essence by notice from you.
5. Delivery will be deemed to be made when the Goods are delivered to the place specified in the Quotation, Sales Order or Sales Invoice. If the customer has requested that goods be left unattended, or with a third party representative no responsibility will be taken for loss or damage by MR AND MRS DESIGNER or their freight partners. We reserve the right to make part deliveries of any order and each part delivery will constitute a separate sale of Goods on these Sale Terms and may be invoiced separately. A part delivery of an order will not invalidate the balance of an order.
6. If we attempt delivery of the Goods to you, and it is discovered that the delivery site is not ready for installation of the Goods, and as a consequence, we are required to return the Goods back to its own premises and subsequently re-deliver the Goods to you, we will be entitled to charge you a reasonable fee to recover the additional transport and storage costs.
Inspection and Acceptance
1. You must inspect all Goods on delivery.
2. You must notify us if the Goods or Services are not in accordance with the Quotation, Sales Order or Sales Invoice within 48 hours of delivery or performance. Failing such notice and to the extent permitted by statute, the Goods or Services and their condition will be deemed to have been delivered or performed and accepted by you.
Cancellations and Returns
1. We will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the Sales Order, unless we choose to do so in our sole discretion.
2. If we do accept a cancellation of your Sales Order, you agree to arrange a return of the Goods, at your cost and risk, to our nominated returns depot, as we nominate, and you agree to return the Goods in their original condition, in their original unopened and sealed packaging, accompanied by the original Sales Order docket receipt or another form of proof of purchase. You also agree that we are entitled to deduct from any refund of the Payment made by you, the cost of the original delivery and an amount that we reasonable believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the Goods.
3. If, after you have made full payment of the deposit where required in accordance with the Quotation, Sales Order or Sales Invoice but before the Goods are delivered to you, you wish to change your mind and cancel the Sales Order and we do accept such cancellation, you agree that we are entitled to forfeit the whole of the deposit paid by you, and charge you with any additional amount that we reasonable believe reflects the loss to us in accepting the cancellation, including any transportation or storage costs and any mark down of the price of the Goods.
Warranties
1. 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.
2. To the extent permitted by law, we will not be liable to you if:
General
1. The Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
2. No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
3. We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us written notice via email: care@mrandmrsdesigner.com.au
4. If a provision of these Sale Terms is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Sale Terms. All other provisions of these Terms of Use remain in full force and effect.
5. The Agreement is governed by the law applicable in Hong Kong and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the region.