These terms and conditions are between Gainsville Investments Pty Ltd t/as Gainsville Furniture (ACN 007 205 101), (we, us or our) and you, the person or entity stated in the Sales Order (you or your). Together, these terms and conditions and the Sales Order (attached to these Terms or the Sales Order) form the entire agreement under which we
will provide the Goods to you (Terms).

Goods

You have requested the Goods set out in the Sales Order, and you accept these Terms by signing and returning the Sales Order to us, or by making part or full payment of the Price.

Once the Goods have been delivered to you or collected by you, you are responsible for their ongoing maintenance and care. Certain items of
furniture may include protective features (such as felt pads or floor protectors) designed to reduce the risk of damage to floors or other surfaces. We make no warranty that these features will remain intact during normal use, and we accept no liability for any damage caused to floors, walls, or other surfaces arising from the use or movement of the Goods after delivery.

Time

We will use our best endeavours to provide the Goods by the dates set out in the Sales Order, or where no date is specified, then within a reasonable period of time.

We will have no liability for delays caused by your actions, bad weather, or any other event or circumstance beyond our reasonable control (including Force Majeure Events).

Australian Consumer Law

Certain legislation, including the Australian Consumer Law and similar consumer protection laws and regulations, may confer you with rights,
warranties, guarantees and remedies relating to the Goods which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights a law, nothing in these Terms excludes those Consumer Law Rights.

Change of order: Subject to your Consumer Law Rights, and subject to any separate warranty against defects we provide to you, once the Goods have been ordered for you, no refunds or exchange of the Goods can be offered.

Price and Payment

In consideration for us providing the Goods, you agree to pay us the Price in accordance with the payment terms set out in the Sales Order.

Lay-by: Lay-by requires an initial 10% deposit and monthly payments. Should you wish to cancel a lay-by you may choose: (a) a refund of all payments less
an administration fee of 20% of payments made for that order; or (b) a store credit for the full amount paid.

Payment: Full payment of the outstanding balance must be received by us at least 3
business days prior to your scheduled delivery or pickup date. Delivery or pickup bookings will not be confirmed until final payment has been received.

If you fail to pay us in accordance with the agreed payment terms, we may: (a) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on unpaid amounts; and (b) recover or repossess any Goods belonging to us, and you agree to grant us such rights of access to allow us to do so.

Delivery and Access to your Premises

Storage: Providing payment is made in full we are happy to hold your Goods for up to 3 months. Beyond 3 months, a storage fee of 5% of the Price will apply; you agree to pay this fee monthly in advance.

Access: You agree that, where we are delivering the Goods to you, or where we otherwise need access to your site or premises in order to provide the Goods, you will provide us with such access, and that you will ensure that the site or premises is safe.

WHS: Our personnel are required to comply with applicable work health and safety (WHS) obligations, including wearing appropriate protective
footwear at all times during delivery. We are unable to remove footwear upon request. If you are concerned about damage to your floors or surfaces, we recommend placing towels or protective sheets along the delivery path prior to our arrival.

We will make reasonable commercial endeavours to deliver Goods as stated within the Sales Order. You agree to pay our costs when we cannot deliver due to late booking cancellation (within 48 hours), no-show, unsafe, inaccessible or misrepresented sites as determined by us or our authorised agents. If specialised equipment (such as a cherry picker or crane) is required to complete delivery, any additional costs associated with obtaining and using such equipment will be at your expense. We are not liable for any delay in delivery arising from such circumstances.

Title and Risk

Title (ownership) in the Goods will remain with us until all amounts due and payable to us under these Terms are paid in full. Risk in the Goods will pass to you on: (a) collection of the Goods at the collection location as agreed between the parties; or (b) delivery of the Goods to the agreed delivery address.

Liability

We will perform our services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your Consumer Law Rights, our total liability under these Terms is limited to the Price paid by you.

General

Governing law: These Terms are governed by the laws of Victoria.

Personal Information: The personal information we ask for is used to provide Goods to you, as set out in our Privacy Policy. From time to time we will advise of
special offers to extend the Gainsville experience either from Gainsville itself or through authorised 3rd parties. Should you not wish to be contacted, please email privacy@gainsville.com.au

Definitions

In these Terms, unless the context otherwise requires:

Force Majeure Event means any event beyond a party's reasonable control, including acts of God, natural disaster, fire, earthquake, tsunami, civil riot, rebellion, terrorism, war, sabotage, ionising radiation, nuclear, chemical or biological contamination, pandemic (including COVID-19 and any variations or mutations), epidemic, or government-sanctioned shutdown or quarantine.

Goods means the goods provided by us to you under these Terms, as set out in the Sales Order, or as adjusted in accordance with these Terms.

Price means the price set out in the Sales Order for the Goods, as adjusted in accordance with these Terms, and includes any deposit set out in the Sales Order.

Sales Order means the Sales Order (including any online Sales Order) to which these Terms are attached or incorporated by reference.