My Playroom Pty Ltd Terms and Conditions
Definitions: "Buyer" means the entity or individual purchasing the goods upon these terms and conditions; "Seller" means Quins Group Pty., Ltd ABN 66 112 750 857 and any related body corporate of the Seller within the meaning of section 9 of the Corporations Act 2001.
Neither the prices shown in the Seller’s website nor price list issued by the Seller to the Buyer is an offer to sell but is an invitation to treat only and the Seller reserves the right to accept or reject in its absolute discretion any orders which may be received by it. The prices shown in the Seller’s website or price lists are subject to alteration without notice and are exclusive of GST unless otherwise agreed.
Payment is due from the Buyer immediately on the purchase of goods unless otherwise agreed. If the Buyer fails to make immediate payment upon the due date, the Seller will take steps or initiate any proceedings necessary to recover the balance due. Such steps are at the sole discretion of the Seller, and the Buyer agrees to indemnify and hold the Seller harmless from any and all liability, claims, damages, and costs, including all reasonable legal fees incurred by the Seller resulting from the Buyer’s failure to pay. The Buyer agrees that the Seller may recover interest upon any unpaid amounts compounded daily. In the event of default in payment by the Buyer, the Seller may satisfy any liability which may arise, from any collateral which it holds for the Buyer or other obligation it has to the Buyer, without prior notice to the Buyer. In the event such collateral is insufficient, the Buyer will remain liable to the Seller and will promptly pay on demand the amount of any loss or expense sustained by the Seller.
The Seller's regular packaging standard applies to all orders and without insurance for transportation unless otherwise agreed.
Unless otherwise agreed, delivery is at the Buyer’s business premises, and delivery freight is additional to the price and must be paid by the Buyer. The delivery date is an estimate only and the Seller is not liable for any delays in delivery. If the Seller is unable to supply the Buyer’s total order these terms and conditions continue to apply to the goods supplied. The Seller shall select a courier who, in the Seller’s own discretion, is competitive in the market to deliver the goods.
Please inspect all goods upon delivery. Only sign for undamaged goods. Notify the Seller of any damages within 48 hours from receipt of the goods. The Seller will not consider damage claims not fully supported with evidence. All wooden products are naturally affected by the elements over time. Temperature and humidity affects the natural expansion and contraction of the timber. Little scratch and/or discoloring are not considered as damage.
Retention of Title:
Property in the goods does not pass to the Buyer until the Buyer has paid all sums owing to the Seller on any account whatsoever and until that time the Seller has the right to call for or recover the goods at its option (for which purpose the Seller’s employees or agents may enter the Buyer’s premises) and the Buyer is obliged to deliver up the goods if so directed by the Seller. The Buyer in the meantime takes custody of the goods and retains them as the fiduciary agent and bailee of the Seller. The Buyer acknowledges that the Seller can enter the Buyer’s premises for the purpose of reclaiming possession of the goods, and any liability to any person incurred by the Seller in connection with the entry will be indemnified by the Buyer. The Seller is entitled to reclaim possession of the goods, even if they have been paid in full, in satisfaction of all debts owing to the Seller, if any of the following events occurs (Insolvent Event): (1) The Buyer defaults under these terms and conditions; or (2) The Buyer commits an act of bankruptcy; or (3) A receiver is appointed by the Buyer; or (4) The Buyer goes into liquidation, administration, or some other form of insolvency administration whether formal or informal; or (5) The Buyer ceases to carry on business; or (6) The Buyer enters into a scheme or compromise with its creditors without prejudice to any other rights of the Seller.