Terms and Conditions
The SKM Furniture Online Order System is operated by Kaalika Pty LTD ACN 169 435 214 trading as SKM Furniture and/or its authorised agents (“SKM Furniture” or “we” or “us” or “our”). The “SKM Furniture Online Order System” comprises all SKM websites, the software associated with these websites and the facility to enter into transactions to place an order for products sold by SKM furniture and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) (“Order”).
In these terms:
- customer, user, member, guest & client means anyone who visits and/or uses this website;
- We / Us means Kaalika Pty Ltd T/A SKM Furniture, and any subsidiaries, affiliates, employees, officers, agents or assigns.
(b) reference to a “Third Party” in these terms includes a reference to any agent or contractor of Space or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of orders made through the website, and includes any of them;
(c) a reference to the “website” means www.skmfurniture.com.au;
(d) “Order” means an offer made by you in response to an invitation to treat made by SKM Furniture via the website.
Where the Client buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
1. TERMS AND CONDITIONS
This website and its content are owned by Kaalika Pty Ltd trading as SKM Furniture. Skmfurniture.com.au is the shopping website of SKM Furniture that allows consumers to browse, select and purchase products online from SKM furniture, ABN 13169435214. You must not browse or access this website unless you agree to the terms and conditions which are set out below. SKM Furniture reserves the right to update this site or change these terms and conditions at any time without notice. It is the customer’s responsibility to read and understand these terms and conditions each time you place an order.
- Acceptance of Terms and Conditions
By viewing, using, accessing, browsing, or submitting any content or material on the SKM Furniture Online Order System,
- You warrant to us that you are over the age of eighteen (18) years
- User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
- Online Account
You agree to take responsibility for the safekeeping of your email address. You are liable if your email address is used by an unauthorised person. You agree to release and indemnify SKM Furniture in connection with any use (whether authorized or unauthorized) of your email address. SKM Furniture may suspend or cancel your account at any time without prior notice.
SKM Furniture reserves the right at our absolute discretion to decline or accept Orders in full or partially.
When an online order is placed, an e-mail will be sent confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer and conclude the contract of sale for Product(s) ordered by you, when we have processed your order and issued a sales invoice to you (the “Customer Invoice E-mail”). For all in-store orders; upon payment of the invoice partially or full, it is assumed the customer has agreed with our terms and conditions & both parties are entered into a contract of sale.
You consent to receive sales invoices electronically for online orders. Electronic invoices will be emailed to the email address provided by you in relation to the order.
- Product Specifications
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
Features and specifications of Products described or depicted on the Site are subject to change without notice.
All weights and dimensions mentioned are approximate.
The prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
We reserve the right to correct any errors published on the website.
All payments must be made in full prior to delivery. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price. Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers. We don’t keep a record of your credit card details.
You may pay the fees and charges for an accepted Order (excluding any lay-by Orders) with any of the following payment methods and such other payment methods as specified on the Site from time to time:
- American Express;
- Debit cards displaying a Visa or Mastercard logo; and or
- PayPal; subject to Paypal Australia Terms
- Afterpay, subject to Afterpay’s terms
- Zip, subject to Zip’s terms;
- Humm, subject to Humm Terms;
- Latitude, subject to Latitude Terms; and
- Skye finance, subject to Skye’s terms
If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, gift card, PayPal, Afterpay, Humm, Latitude, Skye or Zip payment) for an Order that has been accepted by us, then we may cancel your Order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at the time of delivery which specifies the total fees and charges for the Products in the Order.
We also accept Visa, MasterCard, and Direct Debit which typically process within 24 hours of order placement.
EWAY Payment Gateway: SKM Furniture uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by SKM Furniture or any outside party. All transactions are performed under the 128 Bit SSL Certificate. All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data. eWAY is an authorised third party processor for all the major Australian banks. eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by SKM Furniture.
- Title and risk in goods
Title and risk in the products, such as loss and damage, pass to the customer or its nominated agent or representative on delivery or collection, as the case may be.
SKM may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice SKM Furniture shall repay to the Client any sums paid in respect of the Price. SKM Furniture shall not be liable for any loss or damage whatsoever arising from such cancellation.
SKM Furniture will comply with SKM Furniture’s Privacy Statement. We will not reveal your personal information to external organizations except for the purposes of fulfilling your order.
- Intellectual property
You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of SKM Furniture.
The customer will not knowingly allow any intellectual property belonging to SKM Furniture to be reverse engineered, pirated or copied or breached in any other manner.
It is the customer’s responsibility to ensure the correct delivery address and access details are provided. Dates quoted for delivery of goods are approximate only at the time of ordering and may vary due to circumstances beyond our control. It may take up to 8-15 weeks for the Customized Items and Items in Backorder; however, you will be advised as soon as your goods are ready for delivery.
SKM Furniture shall use all reasonable endeavours to meet the estimated delivery date and, provided that SKM Furniture delivers the products within a reasonable time, you agree that SKM Furniture will not refund; and is not and will not be liable for any loss or damage, however it arises, if the products are not delivered by the estimated delivery date.
Customized Furniture, or Furniture in back order must be fully paid and collected within 30 days from the arrival of goods unless otherwise specified in writing. If payment is not made in full Failure to collect/accept goods within 30 days from the arrival date may result in forfeiture of monies paid, or the customer will be charged a storage fee, 30% of the total invoice amount, per month and compounded thereafter. SKM will organize the delivery of goods upon full payment of the invoice.
Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address. Please note that an authorized signatory needs to be at the delivery address to sign for and collect the goods.
Free delivery is a complimentary service for purchases over $5,000 where offered and applies only within the Perth Metro. The delivery will be organized as per SKM Furniture’s schedule with pre-arrangements will be made with the customer. A minimum notice of 72 hours prior to the original delivery date is mandatory for the delivery to be rescheduled by the customer.
A fee of $150 is payable if we are required to redeliver your items. On rare occasions, we may have to re-schedule the delivery; SKM Furniture shall not be liable for any loss or damage whatsoever arising from such postponing or cancellation. The delivery of furniture items is made only up to the customer’s Front Yard or driveway which is sealed. Delivery will be made by the one man and truck only, to the front yard of the property which may require customers to provide assistance to unload the furniture. If the customer does not wish to provide assistance, it will attract extra fees for 2 men and a truck to organize delivery. Upon the customer’s special request, our driver may be able to assist in carrying the furniture inside the customer’s property. However, in the case of any loss or damage to Furniture or customer’s property beyond the Front Yard or Driveway due to assistance in carrying the furniture inside the property/house, SKM furniture is not and will not be held liable for any loss or damage. Rubbish disposal & Furniture assembly fees are NOT included unless clearly specified in the invoice.
When placing an order with us, where we are to deliver goods to you, we require a physical street address. To assist us in processing your order, please provide your land-line phone number. Delivery is via courier and cannot be to a post office box.
At SKM’s sole discretion the costs of delivery are
- Included in the price; or
- In addition to the price; or
- For the Client’s account
To view in detail our Delivery and Shipping policy, please Click here
- Returns & Replacements, and change of mind
A customer may cancel the order made within 48 hours of placing an order, except for SALE items.
No change-of-mind refunds on items after 48 hours of placing an order. Change of mind refunds/returns on items after 48 hours of placing an order, will attract a 50% restocking fee on the total purchase price of the product.
We do not return, refund or exchange if you change your mind for Customized(leather type, size, colour) orders, SALE (including As-Is Condition, damaged or defective, faulty, ex-display and second-hand) items; immediately after placing an order. also, no return, refund or exchange is allowed if the products purchased simply cannot go through your doors.
Items sold “as is” and off the RRP price, will have a limited warranty with no refund and no exchange allowed. no further repair/warranty claims can be made with the items sold with “As is condition”, “Damage”, “Faults” & “defects”, which has been agreed for by the customer.
Please choose carefully as we don’t give refunds if you make a wrong decision or the purchase cannot go through the doors.
To view in detail our Return, Refund & Repair policy, please Click here
- Damaged Items & Defects:
IF YOUR FURNITURE ARRIVES DAMAGED:
In the event that an item is flawed or damaged upon delivery please contact us as soon as you receive it to discuss a return and replacement. Some leather furniture may have some dent marks caused by the packaging which will settle in a few weeks. As most of our furniture are hand made, the leather may have minor overdone stitches, wood may have subtle fissures and dents, the glass may have unnoticeable scratches; these are not defects and damage claims will not be honoured for such minor blemishes. If replacement and returns are approved by SKM Furniture, it must be in writing and To and From freight costs, must be borne by the customer. Also, All returned items must be unused and should be sent in their original condition.
IF THERE IS DAMAGE OF ANY KIND, YOU MUST MAKE SURE THE DRIVER MUST BE NOTIFIED OF THE DAMAGE
The Client shall inspect the Goods on delivery and shall immediately notify SKM Furniture through in the delivery docket and online claim form, of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. SKM furniture will file all claims for replacement of damaged or defective furniture should the product arrive with a problem. We only require you to follow a few procedures that are required in the claims process.
16. Furniture Care and handling:
Always be cautious using sharp objects while unboxing the carton or unwrapping the products, as it may damage your furniture.
Always carefully lift the furniture when moving it in and around the home, and never drag even when it is inside the carton. The rough surface may induce scratches to the outer layer of the furniture.
Rotate cushions regularly to even out the wear and fade.
Regularly vacuum upholstery furniture using the upholstery attachment.
Use floor protectors on the bottom of furniture (like tables and chairs) to minimise damage to floor coverings.
Use coasters, placemats, tablecloths and table runners to protect furniture surfaces from heat, scratching and stains.
Don’t place any indoor furniture in direct sunlight as this may cause fabric, leather and other materials to fade or crack. Direct sunlight includes sunlight through a window
Use curtains or blinds to protect your furniture.
Don’t place furniture too close to a heater or air conditioning vent as this may distort the material or surface finish.
Don’t sit on the arms of the sofas and chairs.
Avoid standing on a chair or rocking on the back of it, as this may weaken the structure and possibly cause joint failure.
To view in detail, please refer to our furniture care leaflet or the links below
17. SKM Warranty
SKM provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale.
Dust, dirt and perspiration are the main causes of leather damage. Avoid exposure of your product to direct sunlight as direct sunlight may damage the product. All leather and timber must be cleaned and moisturized regularly with appropriate and non-abrasive products. All leather lounges from SKM furniture has a protective coating. Once this breaks down, leather can discolour; or may start to peel off. Cleaning and conditioning the leather regularly keeps this “Tanner’s” coat from breaking down. As leather, wood & glasses are natural products; the leather will stretch and may have minor overdone stitches and gets mould over time, wood may have subtle fissures, the glass may have scratches and lose its shine; These are not defects and refunds will not be given for leather stretching or the expecting settling of soft filling such as polyester fibre and leather, subtle fissures and dents on wood. The Company shall not be responsible for normal wear and tear, such as surface scuffs and scratches.
Failure to care for your products as per our care guide will result in the forfeiture of your warranty. Warranties are voided if written notice of claim is not received by the Company as soon as reasonably possible after a defect is discovered, if goods are improperly used or installed or fitting instructions not followed if goods are modified, incorrectly stored, maintained or used, or repairs to the goods attempted by persons not authorised by the Company.
Warranties do not cover commercial use. All furniture must be covered and sheltered from the elements. This warranty is void if you fail to take appropriate care of the leather, and the Customer shall pay any transportation and handling charges for the item under a warranty claim.
A warranty claim must be submitted through the Portal within the warranty period.
To view in detail our warranty policy, Click here
18. SKM Lay-by
Layby sales are governed by the Competition and Consumer Act 2010 (Cth) for Australia. SKM Furniture Layby allows you to buy a product and pay for it in instalments before taking it home. SKM Furniture will only dispatch the buyer product/s after receiving the final instalment payment for all Lay-Buy deals. A lay-by is available to any individuals that live in Australia and are at least 18 years old. However, before you can use Laybuy you need to provide us with your full name, residential address, email address and mobile number for the credit check/verification. SKM Furniture Layby offers shoppers a simple interest-free payment plan that lets you secure your purchase today and pay for it in monthly equal payments for the agreed lay-buy period up to 12 months. A late payment fee of $50 may be charged in respect of each payment you fail to make on-time. Any payment default may also result in our debt collection service contacting you and/or your credit score being affected.
To establish a lay-by, you must pay a 10% deposit and there is no set-up fee. Lay-bys are available for up to 52 weeks and regular monthly payments must be made. Laybys must be collected in full and cannot be separated into multiple parcels. You must advise SKM Furniture of any changes to your address, delivery fees will be adjusted where necessary. A layby is not available for online purchases. You can lay by any full-priced item.
To view in detail our SKM Lay-by, Click here
Disclaimer and Liability
Every effort has been made to ensure the information contained on the website is current and correct, however, SKM Furniture does not take responsibility for the accuracy, reliability, suitability or availability of any products on the website, and provides all products on an “as is” basis. Photographs shown on this website are for illustration purposes only. Products may vary in-store as well as the availability of colours, styles, and fabrics. Products may be discontinued from our range or become unavailable without notice. Customers are welcome to contact our customer service to confirm the availability of colours, styles, fabrics and products. SKM Furniture, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage (direct, indirect or consequential) that arise to you or any third party caused by the use of this website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE. SKM Furniture does not take responsibility and is not liable for this website being unavailable due to technical issues which are beyond our control.
SKM Furniture reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the SKM Furniture Online Order System and/or services offered on or through the SKM Furniture Online Order System (or any part thereof).