SALE OF GOODS AGREEMENT
Thank you for visiting Sydney Coffins – an online retailer of memorial products owned and operated by Medve Pty Ltd (ABN 94 610 054 021) (Sydney Coffins, we, us, or our). We want you to be happy with your purchase, so please read the following carefully to ensure you are fully aware of your rights and our obligations to you. By placing an order on our Website, by phone, or as otherwise agreed by Sydney Coffins, you acknowledge that you have read, understood, and agree to be bound by this Sale of Goods Agreement.
Any capitalised terms used herein have the same meaning as given to them in the Terms and Conditions located here https://www.sydneycoffins.com.au/terms-and-conditions/ . This Sales of Goods Agreement is incorporated by reference into the Terms and Conditions.
1. YOUR ORDER
1.1 Sydney Coffins agrees to supply the Goods to the purchaser in accordance with this Sale of Goods Agreement, and in consideration the purchaser agrees to pay Sydney Coffins according to the payment terms below.
1.2 To make an order, you must:
(a) fill in the order form located at https://www.sydneycoffins.com.au/online-cart-form/
(b) arrange for a phone call with Sydney Coffins to confirm your order (this is our personal touch to ensure that we have your order delivered as intended);
(c) review and confirm the details on the invoice then generated and sent to you by Sydney Coffins; and
(d) make payment of the invoice.
Please note that no orders will be processed until full payment is received by Sydney Coffins.
1.3 In the event that you cannot accommodate delivery within twelve business days, you agree that Sydney Coffins has a right charge you a storage fee of up to $10 per item per day until the Goods have been delivered.
2.1 All payments must be made in AUD (Australian Dollars) by Direct Debit, or by credit card through the third party payment processer ‘SquareUp’.
2.2 Sydney Coffins utilises the services of third parties like SquareUp to encrypt and securely store your card details. For the avoidance of doubt, Sydney Coffins never has access to your card details. You are responsible for making your own enquiries into, and abiding by, the terms and conditions of use of the relevant third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity.
2.3 In no event shall Sydney Coffins be responsible or liable for any payment processing issue or error by a third party. Sydney Coffins will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
2.4 Payment is required IN FULL prior to shipment of your Goods. Your order is not deemed to be accepted until Sydney Coffins receives full payment for the Goods. Note prices advertised on the Website display cost of Goods only and exclude unpacking costs, offloading fees, handling fees, delivery fees and other charges that may be applicable. Please refer to the final price as issued to you in your invoice for total due and payable. For the avoidance of doubt, Sydney Coffins has the right to refuse to process your order until payment is received in full.
2.5 Except where otherwise expressly provided for in this Sale of Goods Agreement, any payment you make to Sydney Coffins is non-refundable.
2.6 Due to currency fluctuations and price increases by our suppliers, Sydney Coffins reserves the right at all times to alter our prices without notice to you.
2.7 If you discover that you have made a mistake with your order after payment has been made, please contact us immediately at [email protected] and we will attempt to amend your order in accordance with your instructions. However, please note that we do not guarantee that we will be able to accommodate any amendments requested. For the avoidance of doubt, we are not obliged to refund you in the case where you make a mistake, so please check your order details, including the product specifications, before placing your order.
3.1 Sydney Coffins can deliver the Goods to a funeral home, or as otherwise arranged with Sydney Coffins.
3.2 Where you request delivery of the Goods to a funeral home, you agree to provide accurate contact details for your chosen funeral home so that Sydney Coffins may confirm the time and date of delivery. Failure to do so may result in delay to delivery of your Goods.
3.3 Please note that Sydney Coffins does not service all funeral homes and locations. If we cannot accommodate delivery to your chosen location, we will inform you using the contact details that you provide to us when you place your order and arrange for cancellation of the order, or delivery to an alternate address.
3.4 Sydney Coffins may use a third party to deliver the Goods. Our third party couriers generally make deliveries between the hours of 8:00am and 5:00pm on Monday to Friday. Sydney Coffins will try to deliver within the time frames requested by the purchaser or the purchaser’s funeral home, but we cannot guarantee this will always be possible.
3.5 Sydney Coffins is not responsible for the consequences of delay or non-delivery, however arising. We aim to deliver on the date of delivery as requested by you, however, we cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. In the event of non-delivery by Sydney Coffins for any reason, including but not limited to equipment failure, weather disturbance, industrial dispute, civil disturbance or any other event which prevents Sydney Coffins from delivering the Goods, any claim you have is limited to a refund of any payment received by Sydney Coffins for the Goods.
3.6 You agree to indemnify Sydney Coffins for any damage or loss suffered by Sydney Coffins due to delays in delivery arising from:
(a) your failure to provide an accurate address and contact details for the delivery location;
(b) failure by you, your chosen funeral home or any third party you have nominated to accommodate delivery of the Goods.
For the avoidance of doubt, your will be liable to pay storage fees, return delivery fees and any other costs incurred by Sydney Coffins in relation to your failure to accommodate delivery.
4. ACCEPTANCE OF GOODS
4.1 If the purchaser is not present at delivery, the purchaser warrants that they will inspect the Goods within 48 hours of delivery. For the avoidance of doubt, no other person but the purchaser has the right to reject delivery of the Goods. Where you require delivery to be made to a funeral home, and such funeral home does not accept delivery or rejects delivery, for any reason whatsoever, you will be charged for the full cost of the Goods plus the delivery fee and any re-delivery fees (if any).
4.2 The purchaser must indicate any intention to return Goods to Sydney Coffins by emailing [email protected] within this 48 hour inspection period.
4.3 If the purchaser does not contact Sydney Coffins within 48 hours of delivery, then the Goods will be deemed to be accepted.
5.1 Risk in relation to damage to Goods passes once the Goods are dispatched, and Sydney Coffins is not liable for any loss, deterioration or damage in transit.
5.2 Title in the Goods shall pass to you upon your acceptance of the Goods in line with clause 4 above.
5.3 Title in the Goods shall pass back to Sydney Coffins if you return the Goods.
6. RETURN OF GOODS
6.1 You cannot return or exchange Goods simply because you have changed your mind about your purchase.
6.2 Subject to clause 8 below, our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a refund, or can ask for replacement or repair, when the Goods:
(a) are faulty or are not of acceptable quality;
(b) are not fit for their intended purpose; or
(c) do not match the sample/description.
6.3 If you return any Goods, you will be asked to provide information for the purpose of assessing if your return is eligible for a refund under legislative requirements. Information that we require to process any refund includes the invoice number, reason for the return and signature authorisation from the purchaser. Note this authorisation can only be given by the purchaser and cannot be made out by any agent of the purchaser, including the funeral home or any other third party on the purchaser’s behalf.
6.4 Goods cannot be returned if they have been used or are otherwise not in the same condition as they were supplied upon delivery.
6.5 If your Goods are eligible for a refund, then the refund will be processed within 7 business days to the same bank account or credit card that you paid from.
6.6 If your Goods are not eligible for a refund, you will be liable to pay all return courier costs associated with delivering the Goods back to Sydney Coffins.
7. DAMAGED GOODS
7.1 Claims for breakage during transit may be lodged within 48 hours of receipt of Goods, only if the Goods were checked on arrival and signed for as damaged on the consignment note by whoever accommodated delivery of the Goods. For this purpose, a funeral home or other third party may sign for Goods on delivery on behalf of the purchaser (and note any damage accordingly), but in line with clause 6 any request for return of Goods must be signed by the purchaser and purchaser only.
7.2 Subject to clause 8 below, we will not be liable for fair wear and tear of the Goods including cracks, splits, movements, joint separation or other changes to timber or MDF Goods that are attributable to environmental changes in humidity and temperature.
8. WARRANTIES AND INDEMNITY
8.1 We would like to remind our customers that our timber Goods are made from natural products and therefore the colour, stain, finish, grain and tone may vary to the Goods displayed on the Website. Our Goods may also come with small imperfections such as minor cracks, chips or other usual variations seen in timber products. These unique variations are what gives our timber Goods their character and shall not be considered a defect in any circumstances. Please also note that there may be variations in colour, grain, texture and shine of timber Goods.
You agree that such variations are not considered ‘significant differences’ to the description of the Goods, and will thus not be accepted as a reason for a refund if the Goods are of acceptable quality, fit for purpose and otherwise match the sample/description provided.
8.2 Sydney Coffins prides itself on providing hand-crafted Goods. Even though we have a strict quality control process, there will be small variations in handcraftsmanship in our Goods. You acknowledge that due to the nature of handcraftsmanship, these small variations are normal and fit the description of a handcrafted Good, and you understand and acknowledge that no two items are completely identical. Particularly, you acknowledge that the colour, shade and tone of handcrafted Goods.
You agree such variation will not be considered a ‘significant difference’ to the description of the Goods and will not be accepted as a reason for a refund of the Goods if they are of acceptable quality, fit for purpose or otherwise match the sample/description provided.
8.3 If you have any concerns about the appearance of the Goods, please discuss these with Sydney Coffins prior to ordering and we will aim to provide you with photos of the current stock to show you as closely as possible what your Goods will look like. Please note these photos are illustrative only and should not be relied upon as an accurate description of the Goods, as images will vary depending on lighting and resolution.
8.4 Sydney Coffins runs all operations online in order to keep costs limited for you. As such, all products are displayed and advertised via the Website. You acknowledge and agree that images displayed on the Website cannot be relied upon as an accurate description of the Goods as the lighting and resolution of the image will vary depending on the device you are using and your screen and display settings.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, SYDNEY COFFINS PROVIDES NO WARRANTY AS TO THE COLOUR, TEXTURE OF APPEARANCE OF THE GOODS AND EXPRESSLY EXCLUDES ANY LIABILITY ASSOCIATED WITH PURCHASER’S RELIANCE ON ANY IMAGES DISPLAYED OF THE GOODS.
HOWEVER, PLEASE NOTE: WE HAVE PROVIDED WRITTEN, DETAILED SPECIFICATIONS OF EACH OF THE GOODS ON THE WEBSITE. ANY IMAGES ACCOMPANYING THE DESCRIPTION OF GOODS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A DESCRIPTION OF THE GOODS. YOU HEREBY ACKNOWLEDGE THAT THE GOODS MAY VARY IN APPEARANCE WITH THE IMAGES PROVIDED.
8.5 To the maximum extent permitted by law, Sydney Coffins and its affiliates, authorised representatives, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the Related Parties) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further exclude liability for all losses, including without limitation direct, indirect, incidental, consequential, exemplary, punitive or special damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) arising out of or in any way connected with your purchase of the Goods, even if Sydney Coffins and/or Related Parties have been advised of the possibility of such damages.
8.6 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Sydney Coffins shall be limited to the fullest extent permitted by law.
8.7 You agree to indemnify, defend, and hold harmless Sydney Coffins and any and all affiliates or authorised representatives of Sydney Coffins, at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, demands, losses, costs or expenses (including reasonable solicitors fees and costs and other dispute resolution expenses) incurred by us and our Related parties arising out of, or relating to, (i) your purchase of the Goods, (ii) your violation of this Sale of Goods Agreement, or (iii) your violation of any other person’s rights hereunder, including violation of any intellectual property or privacy right.
8.8 Sydney Coffins may, at its own expense, participate in any matters, claims or proceedings which are subject to indemnification by you, and you shall not settle any such matter, claim, or proceeding in a manner prejudicial to the rights of Sydney Coffins without the written consent of Sydney Coffins, which shall not be unreasonably withheld.
9.2 If you have any questions or complaints about our handling of your personal information, please email our privacy officer at [email protected].