Terms and Conditions

1.1. Who we are

We are GlobeWest Pty Ltd, a company incorporated and registered in Victoria, Australia with company number ACN 674 872 621 (we, our, us, GlobeWest). We are the supplier of the Goods offered on https://www.globewest.com.au/ and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets (Website) and at our Showrooms.

1.2. Application of these Terms

(a) These Terms will apply to and govern your purchases of the Goods from us, including from the Website or the Showrooms in your capacity as a Trade Customer, together with any other terms and conditions which may be notified to you at the time of placing your order (for example, special offer terms and conditions). Please read these Terms carefully before ordering any Goods from us.

(b) Our Privacy Policy, which sets out: (a) how we collect, use, disclose, and hold any personal information we collect from you, or that you provide to us; and (b) information about the use of cookies, will also apply to your use of the Website. By purchasing the Goods and/or using our Website, you consent to such use and you warrant that all information provided by you is accurate.

1.3. Different terms apply to Retail Customers

(a) If you are a Retail Customer, these Terms do NOT apply to your purchase. Your relationship with GlobeWest will be governed by the General Terms and Conditions. For the avoidance of doubt, if these Terms apply, then the GlobeWest General Terms and Conditions are expressly excluded.

(b) To the extent permitted by law, these Terms also exclude any terms which are implied by law, trade custom, practice or course of dealing.

1.4. Changes to these Terms and interpretation

(a) If you object to any of our Terms your sole option is to not proceed with the purchase of the Goods from us.

(b) We reserve the right to change these Terms. Any changes to these Terms will be effective on the date they are published on our Website. If you disagree with the revised Terms, you may elect to not proceed with the purchase of Goods. If you do not do so before the date the revised Terms become effective, your continued access to our Website or order of our Goods from us (including via our Website or at our Showrooms) will constitute acceptance of the revised Terms.

2.1. Trade applications

(a) To become a GlobeWest Trade Customer, you must submit a trade application form for approval by us. Trade applications are granted solely based on your business trading name and ABN provided in the application.

(b) You must notify us in writing of any changes to your business trading name, ABN or other business details. We may terminate your Trade Customer account and cease supply of the Goods to you if you fail to notify us in accordance with this clause.

2.2. Trade Customer Benefits

As a Trade Customer, you are entitled to receive trade pricing and other trade benefits as determined by GlobeWest in its absolute discretion from time to time (Trade Benefits) which are offered exclusively to customers who purchase Goods from us for commercial or non-personal or domestic purposes. Your entitlement to the Trade Benefits is not guaranteed and is at the discretion of GlobeWest.

2.3. Credit Terms

We may at our sole discretion, allow you to purchase Goods from us on credit, provided that:

• (a) we have approved your Credit Application;
• (b) you consent to us obtaining from a credit-reporting agency a credit report containing personal credit information about you in relation to commercial credit to be provided by us; and
• (c) you agree to be bound by the Credit Terms and Conditions.

3.1. Your account

If you create an account with us, you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name, including all purchases made through your account from the Website.

3.2. Trade Resellers

(a) If you are a Trade Reseller, when you place an order with us for the purchase of Goods for the purpose of resale, you acknowledge and agree that:

• (i) the contract is formed between GlobeWest and you;
• (ii) you are the purchaser of the Goods from GlobeWest;
• (iii) you must act as the primary contact in all dealings with us in respect of the Goods which are purchased by you.

For the avoidance of doubt, there is no agreement between GlobeWest and your end customer (End Customer).

(b) You represent and warrant to us that you will act as the primary contract in all dealings with GlobeWest. If you are purchasing Goods from GlobeWest for or on behalf of another person (End Customer), the End Customer is not a customer of GlobeWest with respect to the Goods purchased by you and in purchasing the Goods from GlobeWest, you represent and warrant that you are not acting as the agent of the End Customer.

(c) You must not offer for sale or display any Goods you have purchased from us on your website without written permission from GlobeWest. You further acknowledge and agree that you must not resell any of the Goods via any third-party websites or online marketplaces (for example, Ebay, Gumtree, Deals Direct, etc.) without written permission from GlobeWest. A breach of this clause by you may result in immediate termination of your Trade Customer account with GlobeWest.

(d) These Terms exclusively govern the agreement between GlobeWest and you, and any other terms that you or an End Customer seek to incorporate are expressly excluded.

4.1. Orders

(a) By placing an order you are offering to purchase the Goods from us on and subject to these Terms. You may place an order for Goods via the Website, by emailing us or contacting us via phone or in our Showrooms. All orders are subject to availability and confirmation of the order price.

4.2. Orders made on our Website

(a) If you wish to buy Goods from the Website, you must:

• (i) provide your name and address, phone number, email address, payment details, billing address and other required information;
• (ii) provide a shipping address if you have chosen to have the goods delivered to your nominated address (note: we reserve the right to reject orders to deliver to certain addresses or supply Goods to any person);
• (iii) be the owner or authorised holder of a valid debit/credit card, if paying for the Goods with a debit/credit card; and
• (iv) read and accept these Terms.

You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.

(b) You will be provided with an opportunity to review and correct any errors in your order and to read and accept the Terms before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.

(c) If you place any Goods in your cart but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order and checkout process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit the Website to complete your purchase.

4.3. Orders made via phone/email or at our Showrooms

(a) We may provide you with a quotation for the Goods you choose to purchase which will be valid for 30 days from the date of issue or such other period as stated in the quotation.

(b) By accepting the quotation and placing an order with us, you are offering to purchase the Goods on and subject to these Terms.

4.4. Contract formation

(a) For any online purchase on our Website,

• (i) once you have submitted and confirmed your order, we will send you an acknowledgement e-mail confirming receipt of your order (Order Confirmation). This email will only be an acknowledgement and will not constitute acceptance of your order; and
• (ii) the Goods listed on the Website are not an offer to sell but an invitation to treat. We may choose to reject all or part of an order in our discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in good faith or not for personal use, or orders in response to incorrect offers or information on the Website made as a result of human, system or technology error (including errors in the image, description or price).

(b) We may from time to time impose quantity restrictions or limits on certain Goods you can order. Any quantity or total value restrictions will be stated on the Website or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order we will refund any money paid for that order.

(c) A contract between us for the purchase of the Goods will not be formed until we provide you with an order confirmation form via email or in person and if required, you have paid the Deposit to us in accordance with clause 8.2(b). Our contract will only relate to those Goods which have been dispatched and are listed in our email confirming shipment. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate email confirming their shipment.

4.5. Cancellation of an order

(a) Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at our Showrooms or online on the checkout page, whichever is applicable to you, before purchasing the Goods. Subject to clause 4.5(b), you may cancel your order within 2 days upon receipt of the order confirmation form, unless your order has been dispatched. If you do so, we will rescind the contract for sale of the Goods by notice to you and you:

• (i) will have no further claim to the Goods, and
• (ii) GlobeWest may solely at its discretion agree to sell the Goods to you at a later date for the full purchase price without any discount.

(b) You may not cancel or modify an order to the extent the order relates to personalised or custom-built Goods once we have provided you with an order confirmation in accordance with 4.4(c) of these Terms.

5.1. Collection by you or your nominated carrier

(a) If you choose to have the Goods collected by you or your carrier, this clause applies to your collection of the Goods.

(b) You or your carrier must collect the Goods the subject of your order within 5 business days after you receive notification email from us that the Goods are ready for collection (Collection Date).

(c) If the Goods will be collected by you, you acknowledge and agree that:

• (i) it is your responsibility to load the Goods into your vehicle, secure the Goods at the relevant GlobeWest warehouse and to provide all necessary labour and materials required for such purpose;
• (ii) aside from placing the Goods in the loading dock or near your vehicle, we are under no obligation to assist you to load or secure the Goods; and
• (iii) you must sign a proof of pickup document at the collection point and must permit GlobeWest to take photos of the Goods at handover.

(d) If the Goods will be collected by your carrier, you acknowledge and agree that:

• (i) it is your responsibility to pay all associated charges and insurances direct to your carrier;
• (ii) your carrier must coordinate the collection of Goods with GlobeWest at least 48 hours in advance of the Collection Date;
• (iii) it is the carrier's responsibility to load the Goods into its vehicle, secure the Goods at the relevant GlobeWest warehouse and to provide all labour and materials required for such purpose;
• (iv) aside from placing the Goods in the loading dock or near the carrier's vehicle, we are under no obligation to assist the carrier to load or secure the Goods;
• (v) the carrier must provide written evidence of its authority to collect the Goods on behalf of you to GlobeWest on pickup; and
• (vi) the carrier will be required to sign a proof of pick-up document at the collection point and must permit GlobeWest to take photos of the Goods at handover.

5.2. Delivery

(a) If you choose to have the Goods delivered to you by us, this clause and clause 5.3 apply to the delivery of your Goods.

(b) At the time of placing your order on our Website or at our Showrooms, you must:

• (i) provide us with all required delivery details as indicated on the Website or requested by our staff;
• (ii) ensure that a correct delivery address is provided (note: PO Boxes are not accepted); and
• (iii) include detailed delivery notes in relation to the access to the delivery address (e.g., if there are staircases or narrow passages).

(c) You may nominate a delivery date at the time of order placement by requesting a specific delivery date. While we will use reasonable endeavours to meet your requested delivery date, delivery of the Goods is subject to inventory and courier availability and we do not guarantee delivery of the Goods on the requested delivery date.

(d) We currently offer delivery to the following locations: Melbourne Metro area, Frankston & Mornington Peninsula, Geelong & Bellarine Peninsula, Sydney Metro area, Wollongong Metro area, Newcastle Metro area, Canberra Metro area, Adelaide Metro area, Brisbane Metro area, Gold Coast, Sunshine Coast, Byron Bay area, Perth Metro area (Delivery Zones).

(e) If your delivery address is outside of our Delivery Zones, you may place an order by selecting the 'click and collect option' at the time of checkout or you will need arrange your own carrier to collect the Goods (in which case clause 5.1 applies). Alternatively, you will need to contact us prior to placing your order so that we may provide you with a delivery quotation and complete your order manually.

(f) We will confirm the estimated delivery date in the order confirmation form having regard to your nominated date (Estimated Delivery Date) however such a date is an estimate only.

5.3. Delay in delivery

(a) GlobeWest will not be liable for any delay in delivery when such delay is caused by factors beyond our reasonable control.

(b) We will use reasonable endeavours to meet the Estimated Delivery Date. If we do not meet the Estimated Delivery Date, our liability will be limited to delivering the Goods at a different time.

(c) If at any time after we confirmed your order, GlobeWest, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays GlobeWest from supplying some or all of the Goods set out in an order by the Estimated Delivery Date, we may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event or the Insolvency Event continues for a period of 14 days or more, without any liability to you.

5.4. Inspection

(a) You must:

• (i) within 5 business days of the collection or delivery of any Goods (time being of the essence), notify us of details of any alleged defect, error, omission, shortage in quantity, damage or failure to comply with the description or quotation (Alleged Defects);
• (ii) provide us with:
  • (A) such photographic and other proof of the Alleged Defects as may be requested by us; and
  • (B) the Goods details (item code or name) and invoice number;
• (iii) allow us to inspect the alleged defect, error, omission, shortage, damage or failure to comply with the description or quotation within a reasonable time of receiving notification; and
• (iv) submit any claims to our Trade Portal or to our email address at claims@globewest.com.au or such other email address as may be advised by us from time to time.

(b) Subject to any Non-Excludable Rights that may apply to you, you will be deemed to have accepted the Goods free of defect or any non-conformity if we do not receive the Alleged Defect notice under clause 5.4(a).

(c) If a claim is made by you, we will endeavour to contact you within 5 business days. We may then request further images or information relating to the claim in order for us to clearly identify/determine the defect. We will not approve any claims that:

• (i) result from transit damage, where the relevant Goods were not freighted by us or our nominated freight companies/carriers;
• (ii) are due to the natural characteristic of the relevant Goods; and
• (iii) arise from the improper use or care of the relevant Goods. Further information can be found under www.globewest.com.au/product-care on the Website.

(d) If we approve your claim, we will process the return in accordance with clause 9.3.

6.1. Storage

If you do not collect the Goods within 7 days from the Collection Date or fail to accept delivery of the Goods, you will be liable to pay us all reasonable costs for storage, protection and insurance of the Goods. We reserve the right to store such Goods at our chosen location.

6.2. Installation

(a) At the time of placing your order on our Website or at our Showrooms, you may choose the Delivery Type as "Delivery with Installation". We will provide you with an estimated cost of the Installation Services at the checkout page or in our quotation. You may also contact us to obtain a quote for our Installation Services after placing an order or delivery of the Goods.

(b) Where the Installation Services were specified as part of the delivery and you failed to notify us that the Installation Services are no longer required at least 2 business days before the delivery date, there will be no refund of any fees in relation to the provision of the Installation Services.

6.3. Property damage

We will take reasonable care but cannot guarantee that floors or walls will not get dirty, wet, or incur minor scuffing or minor indentations (Property Damage) during the delivery or installation process. You are responsible for ensuring and warrant that the premises (including but not limited to the floors, stairs and hallways) is of sufficient size, capable of bearing the weight of the Goods, safe and clear of obstacles. Save as otherwise provided by your Non-Excludable Rights, GlobeWest shall not be responsible for any loss, cost, damage, or expense, injury, or death suffered or incurred by you arising from the premises not being of sufficient size, capable of bearing the weight of the Goods, safe and clear of obstacles.

7.1. Risk and title

(a) Risk in the Goods passes to you when the Goods are loaded at the relevant GlobeWest warehouse for delivery to, or collection by, you (or your nominated Carrier, where applicable).

(b) Title to the Goods passes to you on payment in full of the price for the Goods, and all other amounts payable by you to GlobeWest on any account whatsoever.

7.2. Variation and specification

(a) Your Goods may exhibit different characteristics to the sample in our Showrooms or images on the Website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product.

(b) To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to GlobeWest’s best judgement to improve the design of the Goods where these changes are limited to the internal changes to the Goods and are not material or noticeable.

7.3 Custom Goods

You may request that the Goods be customised or varied by notice in writing to us. Such request must be accompanied with all required specifications and details in respect of such variation. We may at our sole discretion approve or reject any customisation request. No variation or customisation of the Goods will take effect unless approved by us in writing.

8.1. Prices

(a) The price charged for the Goods will be the price in effect at the time your order is placed and will be set out in your order confirmation form (Price). Unless otherwise stated, all prices quoted by us are exclusive of GST.

(b) If there is a pricing error, whether on the Website, at our Showrooms or in any correspondence between us, then to the extent permitted by law we have the right to correct such error and charge the correct price or cancel the order. If the actual Price is more than the amount shown on your order confirmation form, we will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.

(c) If the pricing error is obvious, you agree that we are under no obligation to provide the Goods to you at an incorrect (lower) price even after we have sent you an order confirmation form.

(d) Separate estimated charges for delivery and installation, GST or other taxes, and any other surcharges will be shown in your order confirmation form and can be viewed during the checkout process or on the quotation before finalising your order.

8.2. Payment

(a) A deposit is required for:

• (i) all orders of Custom Goods; and
• (ii) orders placed by all Trade Customers, unless we have approved you as a Credit Customer.

(b) If a deposit is required for your order, you must pay us the deposit (being an amount specified as the 'deposit' as set out in your Order Confirmation) within 5 business days from the date of your Order Confirmation.

(c) If you are purchasing Goods from us as a Credit Customer, payment for the Goods must be made in accordance with your approved credit terms or otherwise as set out in the Credit Terms and Conditions.

(d) Full and cleared payment of the final balance owing on your Order Confirmation for all orders must be received by GlobeWest at least 7 days prior to the estimated delivery date of the Goods. Full payment includes the price of the Goods and all other charges payable by you pursuant to these Terms.

(e) Payment of the Price and all other applicable costs, taxes and charges must be made by one of the methods you have selected during the checkout process online or as advised by our staff at the relevant Showrooms (being credit card, Paypal or any other payment method as updated by us from time to time).

(f) If we do not receive the authorisation that the payment has been processed we reserve the right to cancel your order. The value of your purchase will be settled from the applicable card or payment method when the order is placed.

(g) If your payment cannot be processed you will be notified of this. You will then need to contact your card issuer and endeavour to resolve the issue.

8.3. Taxes

You are responsible for payment of all taxes (including GST), duties, excises, levies and charges associated with resupplying the Goods.

9.1. Defective Goods

Subject to clause 11.2, your purchase is covered by our warranty and any applicable consumer guarantees under the Australian Consumer Law. All returns or refunds for defective Goods will be dealt with in accordance with clauses 5.4 and 10 of these Terms.

9.2. Custom Goods, incorrect orders and change of mind returns

(a) Subject to any Non-Excludable Rights that may apply to you, we do not offer returns or refunds for Custom Goods, incorrect orders or change of mind, unless the Goods are faulty or defective. We may however, at our sole discretion, accept a return or refund of an order in circumstances other than clause 9.1 within 7 days of delivery, provided that the returned Goods are in original packaging and in saleable condition. For the purposes of this clause ‘original packaging and saleable condition’ means the Goods must be in their original packaging, have not been used, installed, altered, damaged or stained and includes all original instructions, components and accessories.

(b) Subject to any Non-Excludable Rights and to the extent permitted by law, we reserve the right to apply a restocking fee of 25% of the Price of the Goods being returned, to be debited before remittance of any refunded monies or reject the return in our absolute discretion.

9.3. Process of returns

(a) To arrange a return or a refund under clause 9.1 or 9.2, please contact us at claims@globewest.com.au. We will endeavour to respond to you within 5 business days. We may request further images or information relating to the return or refund in order for us to determine the reason for the return or refund of the Goods. We will notify you in writing if we accept the return or refund (Return Authorisation). No return or refund will be accepted unless a Return Authorisation has been provided by us.

10.1. 24-month Structural Warranty

(a) In addition to any rights you may have under the Australian Consumer Law and subject to the warranty exclusions below, we offer a 24-month Structural Warranty for all of our Goods commencing from the earlier of the date of delivery or collection (Warranty Period). We will, at our option, repair or replace any Goods proven by our repairers to be defective within 24 months after the date of purchase.

(b) For the purpose of clause 10.1(a), Structural Warranty means a warranty for defects in the frame of the Goods, and excludes any defects in the surface, decoration, fabric, cracks or finish of Goods.

(c) Please contact us directly regarding any warranty claim at claims@globewest.com.au or call us on (03) 95181600. Option 5.

10.2. Exclusions and limitations

(a) Subject to any Non-Excludable Rights that may apply to you, the warranty under clause 10.1(a) does not apply and we exclude all liability in relation to:

• (i) Goods used/acquired by you for a non-domestic setting or use (including but not limited to use in the hospitality industry, commercial applications and rental accommodation);
• (ii) Goods purchased from our Outlet Store, or as part of clearance, samples, floor stock sale or Factory Second Goods;
• (iii) Goods which, by their nature or design, can be expected to exhibit minor flaws or variations, for example Goods which are designed to be of a rustic nature where surface details may vary from the imagery or display model;
• (iv) defects or damage which were made apparent to you at the time of purchase or ought to have been apparent to you at the time of purchase;
• (v) defects or damage resulting from your negligence, abuse or misuse of the Goods, including inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the Goods were not designed or for any ordinary wear-and-tear;
• (vi) the fabric or leather coverings of Goods, or Goods made up of cane or wicker, unless the sale document provided to you expressly states that a warranty will apply;
• (vii) any failure by you to follow the GlobeWest care instructions (under Product Care on our Website) or manufacturer's instructions or specifications;
• (viii) any damage caused by a transport carrier engaged by you directly;
• (ix) any extreme use which includes but is not limited to any damage caused to Goods which are outside of normal wear and tear, including spills from acids, solvents, dyes or other corrosive materials, ink, paint or bodily fluids, moisture of any kind, improper cleaning techniques or placing Goods outside in close proximity to heat or in direct sunlight; or
• (x) any damage caused by work carried out on or in respect of the Goods by a contractor or third party.

(b) When Goods are repaired during the Warranty Period, the Structural Warranty will only continue for repaired Goods for the remaining Warranty Period. Any other repairs after the Warranty Period ends will not be covered by the Structural Warranty and may be charged accordingly. This limitation does not apply to your Non-Excludable Rights.

10.3. Australian Consumer Law

The contractual warranty against defects set out above provides benefits in addition to the rights and remedies to which you are entitled under the Australian Consumer Law. Subject to clause 11.2, 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 (at our discretion) if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

11.1. Liability

(a) The only conditions and warranties which are binding on us in respect of the Goods supplied by us are those expressly set out in these Terms or otherwise required to be binding by law, including the applicable provisions of the Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of Goods, or any products, information, service, material, advice or recommendation supplied by us to you through the Website or at our Showrooms or in any dealings between us, are excluded to the fullest extent permitted by law.

(b) Subject to clause 11.2 and if you are not a Consumer within the definition of the Australian Consumer Law, we will not be liable for any claim arising after 7 days from delivery of goods or performance of services (or at all once goods have been unpacked, modified, on-sold or otherwise used or applied) after which there will be deemed to be unqualified acceptance.

(c) If we breach any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your Non-Excludable Rights, our liability for such breach is limited to either, at our election: in the case of supply of Goods, (a) resupply of the Goods (or equivalent goods) you have purchased in respect of which the claim arises; or (b) pay the amount you paid us for the Goods or in the case of supply of services, (a) resupply of the services or (b) payment of the cost of having the services resupplied again.

(d) To the fullest extent permitted by law and except to the extent (if any) provided in these Terms we have no liability to you or any other person for any loss of anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your purchase of the Goods, your use of the Website, or your use of or reliance upon any of the information, services and/or materials contained in the Website or provided by us to you.

(e) For the avoidance of doubt, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including the statutory guarantees that may apply to Goods supplied by GlobeWest. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out in this clause 11.1 to the maximum extent permitted by law.

11.2. Resupply of Goods

(a) If you are purchasing Goods for the purposes of resupply, clause 10.3 does not apply to the supply of Goods to you.

(b) If you are a Trade Reseller, you must limit your liability to your customer (End Consumer) on terms similar to those set out under clause 11.1(c). If such goods are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, you acknowledge that our liability to indemnify you as supplier under s 274 of the Australian Consumer Law in respect of such goods is expressly limited to a liability to pay you an amount equal to the lowest of: (i) the cost of replacing the goods; (ii) the cost of obtaining equivalent goods; or (iii) the cost of having the goods repaired.

11.3. Indemnity

You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third-party claims incurred by us in connection with or arising from, whether directly or indirectly, your breach of these Terms or any violation by you of any applicable law.

(a) This clause applies in the event that GlobeWest grants possession of the Goods to you before receiving full payment for the Goods, including any other charges payable by you under these Terms.

(b) You acknowledge that the supply of Goods under these Terms constitutes a security agreement for the purpose of the Personal Property Securities Act 2009 (Cth) (PPSA) and that we may make any registration or notification under the PPSA in connection with any security interest granted to us by you.

(c) You undertake to do anything that is reasonably required by us to ensure that any security interest contemplated or constituted by these Terms are enforceable and perfected and to ensure that our security position, and rights and obligations, are not adversely affected by the PPSA or any other law.

(d) You agree that:

• (i) we are not required to give any notice under the PPSA (including a notice of verification statement under section 157) unless a requirement to provide notice under the PPSA cannot be excluded (however, nothing prohibits us from giving a notice under the PPSA or any other law); and
• (ii) to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130 (to the extent it requires the secured party to give notice to the grantor); section 132(3)(d); section 132(4); section 135; section 142 and section 143.

(e) You irrevocably grant to us the right to enter upon any property or premises owned, possessed or controlled by you, without notice (and without being in any way liable to you or to any third party) upon which any collateral which is the subject of a security interest contemplated under these Terms is located for the purpose of taking possession of any such collateral or otherwise if we have cause to exercise any of our rights, and you indemnify us from any claims or demands made by any third party as a result of such exercise.

(a) You acknowledge that at all times all Intellectual Property Rights including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of GlobeWest (or its licensors).

(b) You will not knowingly allow any Intellectual Property Rights belonging to GlobeWest (or its licensors) to be reverse engineered, pirated or copied or breached in any other manner. GlobeWest may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of GlobeWest’s Intellectual Property Rights.

From time to time we have special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided and hit the apply button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Promotional codes cannot be used for the purchase of a gift voucher. Promotional codes are not valid for redemption anywhere except on the Website and cannot be exchanged or redeemed for cash. Delivery, freight and installation charges are excluded from the calculation of % off discount promotional codes. Unless otherwise specified, offers are not valid in New Zealand and apply to full priced items only and are not transferrable. Each promotional code may only be used once per customer. Promotional codes cannot be applied to orders placed prior to or after the promotional period specified.

15.1. Assignment

(a) We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice.

(b) You may not assign, subcontract or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.

15.2. Force majeure

Failure by us to perform any of our obligations under these Terms (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of these Terms. We will:

• (a) promptly give you notice of the Force Majeure Event and an estimate of the non-performance and delay;
• (b) take all reasonable steps to overcome the effects of the Force Majeure Event; and
• (c) resume performance as soon as practicable after the Force Majeure Event no longer affects any party.

15.3. Jurisdiction and governing law

These Terms and all dealings and transactions between you and us relating to your purchase of the Goods are governed by the law of Victoria, Australia. Your transaction is deemed to have taken place in Victoria. You submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria for any dispute or claim (of any kind) arising out of or in connection with these Terms or your purchase of Goods.

15.4. No waiver

Any failure by us to assert any right under these Terms shall not constitute a waiver of such right and you are not relieved from compliance with your obligations. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

15.5. Severability

If any provision of these Terms is deemed to be unlawful, invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.

15.6. Survival of terms

All provisions of these Terms that by their nature should survive fulfilment of your order or termination of your contract to purchase the Goods shall survive including all limitations on liability, indemnification obligations, disclaimers and choice of law.

15.7. Termination by us

Without limiting any other rights we may have at law or under these Terms, at any time prior to delivering Goods to you, we may terminate the contract for the supply of Goods to you if:

• (a) you breach these Terms and the breach is not capable of remedy or you fail to remedy it within 7 days of a notice from us to remedy the breach; or
• (b) supplying you the Goods would violate any applicable law or would expose us to legal liability, in which case we will refund any money we have received from you for the relevant order.

Other than the terms which have been defined elsewhere in these Terms, capitalised terms have the following meanings:

Australian Consumer Law

means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;

Credit Application

means an application for credit submitted by the Trade Customer to GlobeWest in the form approved by GlobeWest from time to time;

Credit Customer

means a Trade Customer who has been approved by GlobeWest for a trade account on credit terms in accordance with clause 2.3;

Credit Terms and Conditions

means the terms and conditions on which credit is provided to Credit Customers as amended from time to time;

Custom Goods

means Goods which have been varied or customised for the Trade Customer and approved by GlobeWest;

Factory Second Goods

means Goods which are specifically marked as ‘factory second Goods’ and may contain a fault, flaw or imperfection;

Force Majeure Event

means any unforeseeable event or occurrence which is beyond the reasonable control of the affected party, including strikes, failure of a utility service or transport or telecommunications or wireless network, natural disasters, acts of God, wars (whether declared or undeclared), terrorism, riots, civil commotion, malicious damage, pandemics, epidemics, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant, equipment or machinery;

Goods

means the goods available on the Website and the Showrooms including but not limited to indoor and outdoor furniture, homewares and lighting;

Insolvency Event

means any one or more of the following events applying to an entity:

(a) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;

(b) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;

(c) it resolves to enter or enter into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business; and

(d) anything having a substantially similar effect to any of the events specified in paragraphs (a) to (c), inclusive, of this definition happens to it under the law of any jurisdiction;

Installation Services

means the installation services provided by us which include unpacking, assembling and rubbish removal;

Intellectual Property Rights

means:

(a) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:

• (i) registered and unregistered copyright;
• (ii) inventions (including patents, innovation patents and utility models);
• (iii) registered and unregistered designs;
• (iv) registered and unregistered trade marks; and
• (v) circuit layout designs and rights in databases, whether or not any of these are registered, registrable or patentable;

(b) any licence or other similar right from a third party to use any of the above;

(c) any applications and the right to apply for registration of any of the above; and

(d) any rights of action against any third party in connection with the rights in paragraphs (a) to (c) above, including any right to claim (and retain) any damages and other remedies (including an account of profits) for infringement, whether or not such rights are registered or capable of being registered, including those created before these Terms were accepted by you but excluding moral rights and similar personal rights which by law are non-assignable;

Non-Excludable Rights

means any statutory rights conferred on you which GlobeWest is not capable of excluding, restricting or modifying, including consumer guarantees conferred on customers under the Australian Consumer Law;

Outlet Store

means the GlobeWest Outlet website: https://globewestoutlet.com.au/ and GlobeWest outlet stores;

Privacy Policy

means our privacy policy which is accessible through our Website;

Retail Customer

means any customer who purchases Goods for personal, domestic or household use, but does not include a person who is a Trade Customer;

Showroom

means the showrooms as listed on our Website, which may change from time to time;

Trade Customer

means the trade customers approved by GlobeWest from time to time, including designers, architects, developers and Trade Reseller, but does not include a person who is a Retail Customer;

Trade Reseller

means a customer approved by GlobeWest as a Trade Customer, who acquires Goods from GlobeWest for purposes of re-supply; and

Terms

means these Trade terms and conditions as amended by us from time to time.