Terms & Conditions

TERMS & CONDITIONS

 
1 INTERPRETATION
(1) ‘Purchaser’ means a person whose order for the purchase of goods is accepted by Tantra. (2) ‘Tantra’ means Tantra Imports Pty Ltd ACN 119 822 212 or any of its subsidiaries or associated companies.

2 GENERAL
(1) Unless otherwise agreed to in writing by Tantra, any terms
and conditions for the Purchaser’s order deviating from or
inconsistent with these terms and conditions are expressly
rejected by the Purchaser as are any variations to these
terms and conditions not expressly agreed to in writing by
Tantra.
(2) A quotation shall not constitute an offer to sell goods to the
Purchaser. No contract for the supply of goods shall exist
between Tantra and the Purchaser until a Purchaser’s order
for goods has been accepted by the Purchaser (such acceptance
of Purchaser’s orders are made and communicated by
the Purchaser by making payment for the goods in full).
(3) Tantra may vary these terms and conditions by notice in
writing to the Purchaser. The Purchaser agrees that the
purchase of any goods after the date of a notice of variation
will be deemed to be acceptance of such varied terms and
conditions.
(4) These terms and conditions and all obligations hereunder
are binding on the Purchaser’s personal representatives,
successors and permitted assigns and shall be for the
benefit of the Purchaser’s successors and assigns.
(5) Payment for the goods by the Purchaser means the Purchaser
has read, understands and is prepared to be bound
by these terms and conditions.
(6) Goods purchased through Tantra on wholesale are to ordinarily
be sold only through showrooms, retail premises or
by decorators and designers. Internet sales of the goods by
Purchasers is permitted only with express written consent of
Tantra Management
(7) Tantra will not be held liable for being unable or failing (as
the case may be) to perform its obligations to the Purchaser
due to usual circumstances at Force Majeure which also
includes breakdown of plant, machinery or equipment or
labour disputes or shortages of labour, transportation or
plant, machinery, equipment or material.

(8)For any projects if electrical items are ordered from overseas through Tantra, the incumbency to check their compliance to Australian standards and all expenses incurred thereof is at the buyer’s expense. It is advised that this is done prior to installation.

3 PRICING/PAYMENT
(1) Goods will only be despatched for delivery once payment in
full has been received and is cleared into the bank account
nominated by Tantra in its Tax Invoice.
(2) Unless otherwise agreed to by Tantra, the only means of
paying accounts will be by cash, bank cheque, COD or electronic
funds transfer, all without any deduction.
(3) Prices are subject to change without notice. However, a
change in price will not occur without notice if a Purchaser
has placed an order and the change occurs in the period
between the date of the order and payment by the Purchaser
for goods. The Purchaser may terminate the order,
prior to payment, if the purchaser does not agree to the
change in price. Prices are exclusive of GST & Freight.
(4) Check your invoice thoroughly for discrepancies of size &
style of the goods prior to payment. Once goods have been
dispatched exchanges will incur:
(a) freight charges for the to and return of already dispatched
goods and delivery of replacement goods and restocking
fee; and
(b) any or all extra costs that are incurred by Tantra due to
inaccuracies in communicating a wrong product
number or description of the goods by the Purchaser
and/or their agent.
4 DELIVERY
(1) Goods will be delivered or deemed to be delivered, when
they are delivered to the delivery place nominated by the
Purchaser.
(2) The Purchaser is to pay to the supplier delivery charges in
accordance with the suppliers current rates as at the date
of dispatch. If there is no current rate, then a reasonable
delivery charge is to be paid by the Purchaser.
(3) Tantra reserves the right to make a reasonable charge for
storage if delivery instructions are not provided by the Purchaser
within 14 days of a request by Tantra for such information.
(4) Special orders require a minimum of 16 weeks lead time
from the date full payment for the goods is received by to
Tantra.
(5) Tantra will not be held liable for any losses occasioned
(either directly or indirectly) to the Purchaser as a result of
a delay in delivery of product.
(6) Tantra couriers will obtain a signed receipt from a person at
the nominated place for delivery. If a signed receipt or other
acknowledgement is obtained from someone believed by
Tantra to be authorised by the Purchaser to sign or otherwise
take delivery, then such signed receipt or other
acknowledgement will be conclusive evidence of the Purchaser’s
acceptance of the goods delivered.
(7) The Purchaser shall pay for any additional costs incurred
due to delays caused to courier’s and/or Tantra’s employees
occasioned by delay in acceptance of a delivery.
Re-delivery charges will apply if customer is not present at
the venue at the pre arranged day and time of the delivery.
(8) If the packaging of the goods is opened and inspected by
Purchasers and an acknowledgment of intact delivery, has
been provided, neither Tantra or its couriers will accept any
further liability or responsibility for subsequent damage to the
goods.
(9) In the case of interstate deliveries, Tantra must be notified
of any damage to the goods within 24 hours of delivery.
(10) Tantra will not accept liability for any breakages or damage
to goods which are moved from their original point of delivery,
by Purchasers or their couriers or their employees or
their agents even if they are moved in their original packaging.
(12) If a courier and/or employee of Tantra is/are requested to
assist a Purchaser in the placement of goods delivered to
a customer, any damage or breakage resulting from the
movement or placement of the goods will not be the liability
of Tantra or that of the Courier.
(12) The purchaser will be responsible for all costs and expenses,
if any, incurred for carriage, unloading and reloading of goods
if the Purchaser changes the address for delivery after goods
have been dispatched.
(13) Tantra uses furniture removalists/sensitive freight companies
for transporting goods – given the nature of the freight.
Clients may choose to use their own transport company.
Tantra will not be liable for any breakages once the goods
have left the warehouse with the Purchaser’s elected courier.
5 BREAKAGES AND WARRANTIES
(1) Our goods come with guarantees that cannot be excluded
under the Australia Consumer Law. You are entitled to a
replacement or refund for a major failure.
You are also entitled to have the goods repaired or replaced
by the importer if the goods fail to be of acceptable quality
and the failure does not amount to a major failure.
(2) Returns and refunds for goods by Tantra will be governed
by Australian Consumer Law, details of which are available
at www.accc.gov.au.
(3) Unpacking, assembly, care and cleaning instructions are set
out in our terms and conditions below. Breakages caused due
to non compliance of these instructions will not be the liability
of Tantra.
 
55
Back of mirror Back of mirror
Variation A Variation B
*Actual items may differ slightly from line drawings
Back of mirror
Variation C
Some illustrations of the brackets for hanging mirrors both horizontally & vertically.
(4) Mirror scratches are not classed as a flaw in the mirror.
To be classified as a flaw a scratch should be viewable by
the naked eye from a distance of 3 metres from 3 different
angles.
(5) Metal finishes and knobs (acrylic/metal) are not under warranty.
(6) Edge creep/de-silvering of mirrors which was not present at
delivery but appeared at a later date is not a manufacturing
defect and Tantra will not exchange the goods. Please
read carefully the care instructions to avoid de-silvering.
Non adherence to these instructions is not Tantra’s liability.
(7) Images and colours seen in any advertisement, brochure,
website or email are not a 100% representation of an article.
All care has been taken to replicate the true look of the goods
in photographs. Tantra will not accept liability if there is a mismatch
between the two.
NOTE: - We make every effort to communicate accurate product
information, however errors may occur. Product specifications
and pricing are subject to change without notice.
(8) Mirrors and mirrored furniture is made with a tolerance of
+/- 5mm. Please bear this point in mind while sizing the
space requirements.
(9) Drawer runners are not under warranty
6 COLLECTIONS AND RETURNS
(1) Tantra will not despatch replacement goods until the original
goods are received by Tantra at its warehouse in its
original packaging.
(2) Any additional damage caused to the goods because of gross
neglect by a Purchaser in packing the goods in their original
boxes will be invoiced to the Purchaser.
(3) Any replacement goods from Tantra will only be transported
only to the original point of delivery.
(4) If arrangements are made with Tantra for an exchange of
the faulty or defective goods for the replacement goods, the
following applies:
(a) the faulty or defective goods that require replacement are
to be transported by the Purchaser at its cost and be
available for collection by Tantra at the original point of
delivery at the agreed time;
(b) the faulty or defective goods must be ready for collection
at a readily accessible collection point, at the appointed
time and day and in its original packaging
(5) Tantra can arrange delivery of goods overnight to Brisbane,
Sydney & Melbourne metro (CBD) (force majeure clause
applies for non overnight delivery). Additional freight costs
apply for urgent deliveries.
(6) If a Purchaser wishes to return goods which are not faulty
or defective the Purchaser agrees to be responsible for the
costs of the delivery charges to and from the original point
of delivery, inspection, cleaning and repacking of original
(returned) goods and re-stocking fee. The balance amount
remaining will be held in the system as a credit for the customer
(7) Tantra will not be liable for any consequential damage or
injury caused to a Purchaser’s property by the installation
of any mirrors or mirrored furniture.
(8) Tantra will not be liable for failure of any modification or
alteration carried out by the Purchaser to aid the installation,
mounting or hanging of mirrors, ie; splicing or hanging
mechanisms.
(9) Any and all expenses incurred by a Purchaser for the installation
(hanging or attaching hanging systems) are not reimbursable
by Tantra.
7 INSTALLATION CARE & CLEANING INSTRUCTIONS
(1) Remove dust from mirrors and mirrored furniture with a
feather duster. Spray with water (if required) and buff the
mirrors with a soft cloth. Some stubborn marks may require
to be removed with jiff/gumption/brasso.
(2) Do not use window or glass cleaner to clean mirrors/mirrored
furniture as it can cause edge creep. Use alcohol
wipes.
(3) Do not transport these mirrored items without the packaging
material provided by the manufacturers or suitable
cushioning material.
(4) When hanging mirrors, do not stand mirror on a hard floor
– always leave in foam supports until the mirror is ready for
hanging.
(5) Do not hang mirrors in direct sunlight or overheated rooms
(compression fractures may occur) or in damp rooms (edge
creep can occur).
(6) Do not place mirrored furniture on soft carpet piles without
using coasters for weight distribution as the mirror could
fracture.
(7) Do not put hot articles on mirrored surfaces. Always use
coasters or de-silvering may occur.
(8) Do not use abrasives on steel or chromed surfaces. Use
recommended cleaners.
(9) Use products recommended for leather only, when buffing
or polishing the leather.
(10) Do not use sharp objects on cowhide.
8 GST
(1) Unless otherwise stated, amounts payable under or in connection
with the goods have been calculated on an exclusive
of GST basis.
9 GOVERNING LAW
The law in force in the State of New South Wales governs this
document. The parties:
(1) submit to the exclusive jurisdiction of the courts of New
South Wales and any courts that may hear appeal from
those courts in respect of any proceedings in connection
with this agreement; and
(2) may not seek to have any proceedings removed from the
jurisdiction of New South Wales on the grounds of forum
non conveniens.
10 SEVERANCE
(1) In the even that the whole or any part or parts of provisions
in these terms and conditions should be held to be void
or unenforceable in whole or in part such provision or part
thereof shall to that extent be severed from these terms and
conditions but the validity and enforceability of the remainder
of these terms and conditions shall not be affected.