Terms and Conditions

1. General

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”) or any other law that cannot be lawfully excluded, restricted or modified. To the extent of any inconsistency between these Terms and Conditions and such laws, those laws prevail.
In these Terms and Conditions, “the Seller” shall mean Beige Bleu [ABN: 87 532 273 782], and “the Buyer” shall mean the purchaser of the products pursuant to any Sales Order which shall be subject to these Terms and Conditions.
In these Terms and Conditions: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a statute includes any amendment or replacement of it; (d) a reference to ‘$’ or ‘A$’ is to Australian dollars; (e) ‘business day’ means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales; and (f) ‘writing’ includes email.
These Terms and Conditions apply to the Sales Order to the exclusion of all other Terms and Conditions, implied by law (except to the extent that they cannot be excluded), or implied by trade or custom, or by course of dealing (unless otherwise agreed by the Seller in writing). No representative or agent of the Seller has the authority to agree to any Terms or make any representations inconsistent with these Terms and Conditions or to enter into any contract except on a basis of these Terms and Conditions alone.
Products are offered for sale to Buyers within Australia only. The Seller may, in its discretion, decline to accept any Sales Order to a delivery address outside Australia. The Seller shall sell and the Buyer shall purchase the products in accordance with a Sales Order of the Seller, initiated by:
- any written quotation of the Seller which is accepted by the Buyer; or
- any verbal order (including telephone order) by the Buyer which the Seller accepts in writing. No verbal acceptance by the Seller or its representatives binds the Seller, and no contract is formed until the Seller issues a written Sales Order.
Whether the Buyer's Order is initiated by a written quotation of the Seller or a verbal order by the Buyer, it will be subject to the final confirmation in a Sales Order format by the Seller. The Sales Order of the Seller setting out the details of the Buyer's Order will prevail over any preceding communication between the Seller and the Buyer, whether verbal or in writing.
The Sales Order shall be issued by the Seller in the Seller's standard format in which each product ordered by the Buyer shall be itemised (“the Sales Order”). The Sales Order and these Terms and Conditions shall form the Sales Contract between the Seller and the Buyer (“the Sales Contract”).
If the Buyer makes an order from the Seller's catalogue or website, the Buyer is responsible to verify the colour, finish, design and dimension of the product. If the Buyer elects not to carry out such verification and inspection, the Buyer shall make such order at their own risk.
By placing a Sales Order, the Buyer warrants that: (a) they are at least 18 years of age and have the legal capacity to enter into a binding contract; (b) all information provided to the Seller (including delivery address, contact details and payment information) is true, accurate and complete; and (c) where the Buyer is purchasing on behalf of a company or other entity, they are authorised to bind that entity.
The Seller shall make reasonable endeavour to avoid any typographical, clerical or other errors or omissions in any sales literature, quotation, price list, acceptance of offer, Sales Order or invoice issued by the Seller. The Seller shall be entitled to make any correction to such errors or omissions and shall not be liable for any losses or damages in respect of such errors or omissions.

2. Prices

The prices for products are in Australian dollars and inclusive of GST. The Seller may pass on the reasonable costs of merchant service fees and surcharges for particular payment methods, where permitted by law, provided such surcharges are disclosed before payment.
Delivery costs will be charged in addition to the price of products and are included in the total cost of the order at checkout.
If we discover an error in the price of any products which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If the order is cancelled, we will provide a full refund of all monies paid.
Where a price displayed on our website or in our materials is a manifest error (for example, a price that is obviously incorrect given the nature of the product), the Seller is not obliged to supply the product at that price, even if the Sales Order has been accepted, and may cancel the Sales Order and refund all monies paid.

3. Payment and Delivery

If opting to use the payment plan option, the Buyer must pay a deposit equivalent to 50% of the total sales amount set out in the Sales Order. No Sales Order shall be processed until the deposit is received by the Seller.
The Buyer shall pay the balance due under the Sales Order when a date for delivery or pickup has been booked, or within 7 days of notice from the Seller when the product is ready for collection or delivery. No goods will be dispatched until the Seller receives the full balance payment.
The Seller may set off, deduct or withhold any amount owing by the Buyer to the Seller against any amount owing by the Seller to the Buyer (including any refund). The Buyer must pay all amounts due under the Sales Order in full without any set-off, counterclaim, deduction or withholding.
The delivery date of the products provided by the Seller is an estimate only. If the Seller is unable to deliver the products on or before the estimated delivery date due to material shortage, shipping delay, customs clearance, quarantine detention, strike, act of God or any circumstances beyond the Seller's control, the Seller shall be entitled to delay performance for a reasonable period, and where the delay exceeds 90 days the Buyer may, by written notice, cancel the Sales Order and receive a refund of all monies paid in respect of products not yet delivered, less the Seller's reasonable costs incurred to that point (including any non-cancellable supplier costs and work-in-progress on custom items). The Seller may cancel the Sales Order at any time where performance has become impracticable and will refund the Buyer all monies paid less those reasonable costs.
Where the Seller and the Buyer agree on a delivery date, the Buyer or their representative agrees to be present at the nominated place of delivery. If the Seller is unable to deliver the product because no one is in attendance, the Seller shall be entitled to charge the Buyer's reasonable costs of re-delivery, being a minimum of $150 per re-attempt, or the Seller's actual reasonable costs (whichever is greater) where re-attempt requires (i) specialist access such as stairs, lifts or narrow access, (ii) a different delivery address, or (iii) a third or subsequent attempt. The Seller will notify the Buyer of the applicable charge before re-attempting delivery and may require pre-payment.
The Buyer must inspect the product upon delivery and agrees to acknowledge that the product is received in good order and condition. The Buyer must inspect the product on delivery and notify the Seller in writing of any visible damage within 7 days of delivery. Where damage is not reasonably detectable on delivery, the Buyer must notify the Seller in writing within a reasonable time after the damage becomes apparent. Nothing in this clause limits the Buyer's rights under the Australian Consumer Law, including the consumer guarantees as to acceptable quality.
Where the Seller has notified the Buyer that the product is ready for collection or delivery and the product is not collected or delivered within 21 days, the Buyer agrees to pay a daily storage charge equivalent to 0.3% of the total retail price from the date (being 21 days after notification) to the actual date of collection or delivery, for a maximum of 90 days. If no arrangement is made within 90 days, the Seller may, after giving the Buyer not less than 14 days' written notice, cancel the Sales Order and resell the product. The Seller may retain from the proceeds and amounts already paid by the Buyer (a) accrued storage charges under clause 3.7, (b) the Seller's reasonable costs of resale (including marketing, additional handling and reduced pricing on the resale), (c) any shortfall on resale below the Sales Order price, and (d) the Seller's reasonable costs of enforcement, including legal costs on an indemnity basis. Any balance remaining will be refunded to the Buyer.

4. Risk and Title

The risk of damage or loss of the products shall pass to the Buyer upon collection or delivery.
The title of the product remains with the Seller until the sale price of the product and all other outstanding balance in the Sales Order is paid in full. Until title passes, the Buyer holds the product as bailee for the Seller and must keep it safe and identifiable as the Seller's property. The Seller reserves the right to repossess and recover the product from the Buyer prior to payment in full of any amount outstanding, and the Buyer irrevocably authorises the Seller (and its agents) to enter any premises where the product is located for that purpose. The Buyer acknowledges that this clause creates a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) (PPSA) and consents to the Seller registering its interest on the Personal Property Securities Register. The Buyer waives its right to receive any notice under the PPSA (including under section 95, 118, 121(4), 130, 132(3)(d) and 132(4)) to the extent permitted by law. Where the Buyer is in default of any payment obligation under any Sales Order, the Seller may also (a) suspend delivery or further performance of that Sales Order and any other Sales Order with the same Buyer, (b) require pre-payment for any further orders, and (c) terminate any open Sales Order with the Buyer by written notice. Exercise of these rights is without prejudice to any other rights or remedies the Seller may have.
In addition to any other remedies, the Seller shall be entitled to charge interest at the rate of 10% p.a. for any outstanding balance from the date of collection or delivery to the date of final payment in full.

5. The Product

The Buyer acknowledges that there may be slight variations in respect of the material, colour, finish, craftsmanship and dimension between each piece and between the products received and those displayed on the Seller's website or showroom. Genuine wood will vary in colour and contain natural characteristics such as knots and graining. This is the result of using natural materials in the manufacturing process and is not considered a defect.
All product images on the Beige Bleu website are digitally staged. Actual products may vary in colour and appearance. The Buyer shall not be entitled to make any claim in respect of such variation.
Beige Bleu reserves the right to change dimensions, materials, design and construction specifications to improve the design of the product. In most cases any changes will be of a limited nature and not material or noticeable.
Subject to the Australian Consumer Law and any rights the Buyer has under it, Beige Bleu is not obliged to provide a refund or exchange where the Buyer has changed their mind. Where the Buyer has made known to Beige Bleu a particular purpose for which the products are required and the Buyer reasonably relies on Beige Bleu's skill or judgement, the consumer guarantee of fitness for disclosed purpose under section 55 of the Australian Consumer Law applies.

6. Assembly and Installation

If the Buyer requests the Seller to assemble the product at the Buyer's premises, the Buyer agrees to remove all valuables and home contents from the room prior to assembly. The delivery team is prohibited from being requested to perform any furniture removal without written permission by the Seller.
The Seller is not liable for any accidental damage to the Buyer's valuables, home contents and effects. Any accidental damage to the Buyer's property such as walls or floors must be recorded on the spot by a written damage report signed by the Seller's workman; no damage claim will be processed without such a record.
Where the Buyer requests a product to be mounted on any wall, the Seller shall arrange the work to be carried out in accordance with the Australian Building Code. The Buyer warrants that (a) the wall or surface on which the product is to be mounted is structurally sound and suitable for the load and method of mounting, and (b) the Buyer has obtained any consents required from a landlord, body corporate or other person. Subject to applicable law, the Buyer shall indemnify and keep the Seller indemnified from any damages, loss or claims arising from the mounting work, except to the extent that such damages, loss or claims arise from the negligence, wilful misconduct or breach of these Terms and Conditions by the Seller or its personnel. The Seller may decline to perform mounting work at its absolute discretion where it considers the location unsuitable.

7. Cancellation and Returns

All catalogues, photographs, brochures and any presentations provided by the Seller are for illustrative purposes only. It is the Buyer's responsibility to ensure that the size, colour and design of the products are suitable for the Buyer's premises.
Subject to the Australian Consumer Law, the Buyer shall not be entitled to cancel the Sales Order or return the product for change of mind, change of situation, or on the basis that the product is not the right size, colour or design for the Buyer's premises. The Buyer acknowledges that no statutory cooling-off period applies to the purchase of goods from Beige Bleu under New South Wales law.
Where the Seller agrees to accept the cancellation of the product (at the Seller's absolute discretion):
- if the manufacture of the products has not commenced, the Buyer agrees to forfeit a cancellation fee of up to $500 or 50% of the deposit, whichever is lesser;
- if the manufacture of the products has commenced, the Buyer agrees to forfeit the full deposit amount paid;
- the Buyer will have no further claim to the products.
Sale items and clearance pieces are sold “as is” with no exchange or refund.

8. Warranty Against Defects

Beige Bleu provides the original purchaser of its products a warranty against defects in workmanship and materials, in addition to guarantees that cannot be excluded under the Australian Consumer Law. The warranty period commences from the date of your original tax invoice.
Beige Bleu warrants that:
- the frame used in each Beige Bleu furniture piece is guaranteed against failure due to a manufacturing defect for a period of 5 years from the date of delivery;
- all other components of the product (including timber finishes, metal, glass and upholstery) are guaranteed against failure due to a manufacturing defect for a period of 2 years from the date of delivery.
If a product is replaced during the warranty period, the guarantee period will not reset and will continue to expire as per the date of delivery of the original item.
If a defect caused by faulty workmanship or materials appears during the warranty period, the Buyer must allow Beige Bleu (or its nominated representative) reasonable access to inspect the product before any remedial work is undertaken. Beige Bleu will, at its sole election, repair the product, replace the defective part or component (using new or refurbished parts of equivalent function), supply an equivalent product, or refund the price paid for the affected product. Where Beige Bleu elects to repair, it may do so by attendance at the Buyer's premises, by collection and return, or by requiring the Buyer to deliver the product to a nominated location at the Buyer's cost (which the Seller will reimburse if the defect is confirmed). The Buyer must not engage any third party to repair the product without Beige Bleu's prior written consent; doing so voids the warranty in respect of that product.

9. Warranty Exclusions

To the maximum extent permitted by law, and subject to the Australian Consumer Law, Beige Bleu is not liable for normal wear and tear. The following may occur as a result of natural and normal usage:

Wood and timber finishes will develop a natural patina over time;
Fabrics and upholstery may fade and crease with regular use;
Foam and fillings will soften and form the shape of the user over time;
Scars, marks and differing grain density are natural characteristics of wood;
Damage caused by spills such as acid, solvents, dyes or other corrosive materials;
Damage caused by improper cleaning, negligence, treatment with chemicals, or exposing the product to direct sunlight or extreme heat;
The failure of the purchaser to take reasonable steps to care for the product as described in any care instructions provided.

The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order. The warranty against defects applies to products used for normal domestic purposes. Where a product is acquired for use predominantly for personal, domestic or household use or consumption, nothing in this clause limits the Buyer's rights under the Australian Consumer Law. Products acquired for predominantly commercial purposes (other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption costing less than A$100,000) are sold subject to the Seller's standard commercial terms and the consumer guarantees under the ACL do not apply.

10. How to Claim a Warranty

To claim under the warranty against defects, the purchaser must:

Cease using the product immediately after the defect appears;
Notify Beige Bleu within a reasonable time after the defect becomes apparent;
Provide a copy of the original Sales Order or tax invoice.

Once a claim has been lodged, Beige Bleu will assess your claim and respond within 5 business days.

11. Caring for Your Furniture

General Care: Please ensure that your furniture is used as intended. Do not sit on arms of chairs, do not sit or stand on table tops, and do not pivot on the back legs of chairs.
Sunlight: Prolonged exposure to direct sunlight will cause timber products to warp and finishes to fade. Position furniture away from direct sunlight where possible.
Timber Finishes: Natural timber will show distinctive markings, patterns and colour variations which are evidence of genuine timber materials. Always use protective heat coverings and coasters. Regularly clean surfaces by wiping with a non-abrasive, damp cloth.
Metal and Chrome Finishes: Dust the surface regularly to avoid build-up of pollutants which may cause the surface to rust. Avoid contact with sharp or hard objects.
Glass: Use a regular glass cleaner with a soft cloth. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects. Never lift glass tops from the ends of a table.
Fabric Upholstery: If thread becomes loose, simply cut it off. Do not pull it. Dust is best removed using your vacuum cleaner with the appropriate attachment. Avoid harsh brushing and sharp objects.

12. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any rights, guarantees or remedies provided to the Buyer under the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection laws which cannot be excluded, restricted or modified by agreement.
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 if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The guarantees under the Australian Consumer Law are in addition to any warranty against defects provided in these Terms and Conditions. Should your product be defective, you may choose to make a claim under the Australian Consumer Law or the Beige Bleu Warranty Against Defects.

13. Liability

Nothing in this clause 13 limits or excludes any liability of the Seller that cannot be limited or excluded under the Australian Consumer Law or any other applicable law, including liability for death or personal injury caused by the Seller's negligence.
Subject to clause 13.1, and to the maximum extent permitted by law:
1. the Seller's aggregate liability to the Buyer arising out of or in connection with the Sales Order, whether in contract, tort (including negligence), under statute or otherwise, is limited at the Seller's election to (i) replacement of the products, (ii) supply of equivalent products, or (iii) refund of the price paid for the products;
2. the Seller is not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, business, anticipated savings, goodwill or data, however arising; and
3. all warranties, conditions and guarantees implied by law other than the consumer guarantees under the Australian Consumer Law are excluded.
To the extent permitted by law, the Buyer indemnifies and will keep the Seller indemnified from and against claims, losses, damages, costs and expenses (including legal costs on an indemnity basis) suffered or incurred by the Seller arising from or in connection with (a) the Buyer's misuse, modification, alteration or repair of any product, (b) the Buyer's on-supply or transfer of any product to a third party, (c) any breach by the Buyer of these Terms and Conditions, or (d) any negligent or wilful act or omission of the Buyer.
If the Buyer becomes aware of any third-party claim relating to a product that the Buyer considers may give rise to a claim against the Seller, the Buyer must (a) notify the Seller in writing as soon as reasonably practicable and in any event within 14 days, (b) not make any admission of liability, agreement or compromise without the Seller's prior written consent, (c) allow the Seller (at the Seller's election) to take over and conduct the defence of the claim, and (d) provide the Seller with all reasonable assistance in connection with the defence. Failure to comply with this clause relieves the Seller from liability to the extent that such failure has prejudiced the Seller's position.

14. Privacy

Beige Bleu collects, uses, holds and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected from the Buyer will be used to process the Sales Order, deliver the products, communicate with the Buyer about the order and (where the Buyer has consented or where otherwise permitted by law) for direct marketing of Beige Bleu products and services. Beige Bleu may disclose personal information to third parties who assist with its operations (including delivery providers, payment processors and IT service providers), all of whom are required to handle personal information consistently with the Australian Privacy Principles. Beige Bleu's Privacy Policy, available on our website, sets out further detail on how personal information is collected, used, disclosed, stored and accessed, and how to make a privacy complaint. The Buyer may opt out of marketing communications at any time by following the unsubscribe link in any communication or by contacting Beige Bleu.

15. Intellectual Property

All intellectual property rights in and to the products and any related materials — including designs, techniques, methods of manufacture, photographs, specifications, artwork, text, trade marks, patented inventions and registered designs — are and remain the exclusive property of Beige Bleu (or its licensors). Nothing in these Terms transfers any intellectual property rights to the Buyer. The Buyer must not, and must not permit any third party to: (a) reverse engineer, copy, reproduce or create derivative works from any Beige Bleu product or design; (b) remove, alter or obscure any trade marks, labels or notices on any product; or (c) use any Beige Bleu name, trade mark or imagery without Beige Bleu's prior written consent. The Buyer must not resell Beige Bleu products in the course of business without Beige Bleu's prior written consent.

16. Force Majeure

If a Force Majeure Event occurs and prevents, hinders or delays Beige Bleu from performing any of its obligations under these Terms (other than an obligation to pay or refund money), Beige Bleu will: (a) notify the Buyer as soon as reasonably practicable of the event and its expected duration; (b) be excused from performance of the affected obligations for the duration of the Force Majeure Event; and (c) use reasonable endeavours to mitigate the effects of the event and resume performance.

If a Force Majeure Event continues for more than 60 days, either party may terminate the Sales Order by written notice, and Beige Bleu will refund all monies paid in respect of any products not delivered.

Force Majeure Event means any circumstance beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, terrorism, flood, epidemic or pandemic (including any government response), earthquake, fire, lightning, storm, cyber attack, failure of third-party supply chains, shipping delays, customs clearance or similar event — but excludes any inability or failure of a party to make payment.

17. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

18. Entire Agreement

These Terms and Conditions, together with the Sales Order, constitute the entire agreement between Beige Bleu and the Buyer for the purchase of the products. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this agreement. If any part of these Terms is found to be void, invalid or otherwise unenforceable, the remainder of these Terms will continue to be enforceable and valid.

Any notice under these Terms must be in writing and may be given by email or by post to the address last notified by the recipient. A notice is taken to be received: (a) if sent by email, at the time the email leaves the sender's mail server (unless the sender receives a non-delivery message); or (b) if sent by post, on the third business day after posting. The Seller may give notices to the Buyer by posting to the website or by email to the address provided with the Sales Order.

Neither party may assign or transfer any of its rights or obligations under these Terms without the prior written consent of the other party, except that the Seller may assign or novate these Terms to any related body corporate or to a successor in business without the Buyer's consent.

A waiver of any provision of these Terms must be in writing and signed by the party giving the waiver. No failure or delay in exercising any right under these Terms operates as a waiver of that right.

These Terms may only be amended by the Seller publishing updated terms on its website. Any amendment applies to Sales Orders placed after the date of publication.

19. Contact Details

For any questions regarding these Terms and Conditions, warranty claims or general enquiries, please contact Beige Bleu via the Contact Us page on our website.