Terms & Conditions
1. About the Website
1.1. Welcome to www.baygallery.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.2. The Website is operated by New Trading Concepts Pty Ltd t/a Bay Gallery Furniture (ACN: 116 667 782) (Bay Gallery Furniture). Access to and use of the Website, or any of its associated Products or services, is provided by Bay Gallery Furniture. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Bay Gallery Furniture reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Bay Gallery Furniture updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Registration to use the Purchase Services
3.1. When accessing the Purchase Services, you may be offered the opportunity to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) Name
(b) Address
(c) Email address
(d) Preferred username
(e) Mailing address
(f) Telephone number
(g) Password
3.2. You warrant that any information you give to Bay Gallery Furniture in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Bay Gallery Furniture; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
4.2. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Bay Gallery Furniture of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Bay Gallery Furniture providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Bay Gallery Furniture for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
5.2. Payment of the Purchase Price may be made through direct deposit, credit card via Shopify, Paypal, Google Pay or Zip Pay (Payment Gateway Provider).
5.3. An email confirmation is sent to your e-mail address after placing your order. Please keep this e-mail as proof of your purchase.
5.4. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
5.5. Following payment of the Purchase Price being confirmed by Bay Gallery Furniture, you will be issued with a receipt to confirm that the payment has been received and Bay Gallery Furniture may record your purchase details for future use.
5.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), inclusive amounts.
5.7. Bay Gallery Furniture reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
6. Delivery and Shipment
6.1. Delivery Processing Time
(a) Processing time refers to the time it takes for Bay Gallery Furniture to prepare your order for shipping.
(b) After your payment is authorised and verified, all orders are processed within 7 business days. Bay Gallery Furniture will contact you if for some reason, there are any delays.
6.2. Delivery Locations
Bay Gallery Furniture does not ship internationally at this time. Bay Gallery Furniture ships domestically only to Sydney, Melbourne, Brisbane, Gold Coast, Canberra and most of Australia. Precise shipment locations and excluded locations can be found at checkout.
6.3. Restrictions and Delivery Requirements
(a) Bay Gallery Furniture does not ship to P.O Boxes.
(b) The delivery service includes ground floor delivery only.
(c) You are able to request specific dates and time frames for delivery at check out. This will result in extra shipment fees which will be quoted to you. Bay Gallery Furniture will use its best endeavours to accommodate any request, however is not able to make any guarantees that your request will be met.
(d) Where possible, Bay Gallery Furniture provides a one person delivery service. Upon request, Bay Gallery Furniture will offer a two person delivery service for items classified as difficult to deliver such as fragile items, stone items, items over 30 kg, or items with a length over 160cm. This service is only available to metro Brisbane, Sydney and Melbourne customers. For delivery of difficult items outside of these areas, you need to ensure that one, and in some cases two, able bodied individuals are available to unload and delivery the furniture to your desired address.
(e) Bay Gallery retains the right to postpone or cancel a delivery if it is deemed unsafe or hazardous for our delivery personnel or the furniture item. Re-delivery may be arranged in certain circumstances, and additional fees at standard rates or taxi truck rates may be assessed.
6.4. Shipment Rates and Delivery Estimates
(a) Bay Gallery Furniture endeavors to get your order to you as soon as possible. The following outlines our approximate delivery times:
i. Sydney - 1 to 5 business days
ii. Central Coast, Wollongong and Newcastle - 3 to 10 business days
iii. Adelaide, Canberra, Melbourne, Gold Coast and Brisbane - 5 to 15 business days
iv. North New South Wales, Perth and Darwin - 15 to 20 business days
(b) Once your order is placed, an estimated delivery time will be provided to you. Delivery times are estimates and commence from the date of shipment, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Estimated arrival dates are not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. Unless there are exceptional circumstances, Bay Gallery Furniture makes every effort to fulfil your order.
6.5. Tracking Options
Bay Gallery Furniture aims to provide visibility and transparency throughout the shipment process.
6.6. Delivery via Service Partners
(a) You acknowledge that the Purchase Services offered by Bay Gallery Furniture may integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
(b) In providing the Purchase Services, Bay Gallery Furniture may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Bay Gallery Furniture is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery Services, Bay Gallery Furniture asks that you follow the process outlined in clause 8.4 – Products Damaged in Transit.
7. Customer Collection from Warehouse
Please note customers are welcome to customer collect from the Bay Gallery Furniture warehouse from Monday to Friday during our open hours of 9am - 3pm. Please call or email ahead to book an appointment and to ensure your purchase is ready for you.
8. Returns Policy
Bay Gallery Furniture wants you to be satisfied with your Product. If you have any issues with Bay Gallery Furniture Products, please e-mail info@baygallery.com.au.
8.1. General Refund Terms
(a) To request any type of refund and organise a return please e-info@baygallery.com.au with your proof of purchase and photographs of the Product you have received within 2 business days of receiving the Product.
(b) Bay Gallery Furniture does not provide refunds for sale items, for any reason.
(c) Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
(d) Bay Gallery Furniture does not provide refunds for assembly and/or rubbish removal services.
(e) In the following situations, no refund or return will be available:
i. Denied acceptance of delivery by receiver;
ii. Inaccurate delivery address;
iii. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Bay Gallery Furniture for a return fee charged to the initial payment method.
8.2. Incorrect Product
(a) If you have received the incorrect item, Bay Gallery Furniture will provide a refund on the return of the item. The returned Product must be unopened, and its original saleable condition. The liability for return shipping costs will be determined after an investigation is completed by Bay Gallery Furniture and customers will be advised accordingly.
8.3. Change of Mind
(a) If you have received a Product and it does not meet your expectations please contact Bay Gallery Furniture. Bay Gallery Furniture will consider your refund request subject to the following conditions:
i. Bay Gallery Furniture will deduct a 30% re-stocking fee (Re-stocking fee) from the refund amount;
ii. The Product must be returned in as-new condition. For the sake of clarity the Product will only be accepted for a return if it is returned without any stains, scratches or physical damage. It must be in saleable condition as determined by Bay Gallery Furniture. If the Product is not in saleable condition you will be charged a 20% damage fee deducted from the refund (Damage Fee);
iii. The Product must be in its original packaging. The Product has specifically been shipped in packaging that aims to protect it from damage during the shipping process. If you do not ship the Product back to Bay Gallery Furniture with adequate packaging (including packing material you have sourced yourself), you will be charged a 20% re-packing deducted from the refund (Re-packing Fee). Bay Gallery Furniture recommends that you photograph the Product you are returning prior to shipping so that any damage caused by the Delivery Service Provider is properly documented.
8.4. Products Damaged in Transit
(a) Bay Gallery Furniture attempts to avoid any damage to Products during the shipment process by ensuring all packaging is appropriate and protective. However, in some instances damage occurs during transit.
(b) If your Product arrives damaged, we ask that you first contact please contact Bay Gallery Furniture within 24 hours of the Product being delivered to you with the following information:
i. One clear photograph of and a written description of the damage that has occurred;
ii. One clear photograph of the packaging;
iii. Your order number; and
iv. Your name and delivery address.
(c) Once Bay Gallery Furniture has received the information above, it will open a damage case and begin an investigation. Once the outcome of the investigation has been reached, Bay Gallery Furniture will contact you with next steps.
9. Cancellation of Orders
9.1. Once payment for an order has been accepted, cancellation is at the discretion of Bay Gallery Furniture. If you wish to cancel your order, please contact Bay Gallery Furniture immediately on 02 8071 4526.
9.2. Cancellation of orders must be made within 24 hours of the time of order.
9.3. Where a Product has been listed at an incorrect price, or has incorrect written information or images, Bay Gallery Furniture reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
10. Warranty
10.1. Warranties against defects
Outdoor – timber components, wicker components and frames only
[2 year limited warranty]
Indoor – all components apart from the timber, wicker and frame (including fabric, recycled timbers, lacquered and other timber finishes, chrome and metal, glass and marble, travertine and stone) [1 year limited warranty]
(a) Bay Gallery Furniture offers a limited warranty in respect of certain Products (Warranty Against Defects) in addition to any warranties under the Australian Consumer Law. The Warranty Against Defects commences on the date of purchase. The Warranty Against Defects applies to the following furniture:
10.2. Manufacturer’s Warranty
(a) Certain Products fall under additional Manufacturer’s Warranties (Manufacturer’s Warranty) offered by the manufacturer of the Product.
(b) If the Warranty Against Defects time period has passed, and the Product is defective, please contact Bay Gallery Furniture at info@baygallery.com.au with an outline of the defect, photographic proof and a proof of purchase and Bay Gallery Furniture will investigate whether any further Manufacturer’s Warranty applies.
10.3. Warranty Exclusions
(a) All warranties do not apply to any appearance of the supplied Products nor to the additional excluded items set forth below:
i. normal wear and tear, including but not limited to:
fabrics creasing, fading and pilling over time;
- leather fading and creasing; scars, marks and differing pore density and colour are natural characteristics of leather;
- fabric and leather product are upholstered by hand and therefore, the size and weight of such products may have minor variations of up to 5% from display products or from any product specifications you have been quoted;
- foam and fillings become misshapen;
- depending on the covering and degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense.
(a) To make a claim under the Warranty Against Defects outlined in clause 10.1., please contact info@baygallery.com.au outlining the defect in detail, photographic proof and proof of purchase.
(b) Bay Gallery Furniture will investigate the defect and if it determines that it is a defect under the Warranty Against Defects, it will offer you a solution depending on the extent of the defect. Solutions include but are not limited to a full refund, partial refund, store credit or a replacement of the Product.
(c) You are responsible for all shipping costs in relation to a warranty claim, including shipping the Product claimed as defective back to Bay Gallery Furniture.
10.5. Warranties under Australian Consumer Law
(a) Bay Gallery Furniture Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Consumer Law Warranty). A major failure with a Product under Australian Consumer Law includes but is not limited to, where the Product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
(b) If you have received a Product that you believe is faulty or defective, please contact info@baygallery.com.au with photographic proof and proof of purchase.
(c) You are responsible for all shipping costs in relation to a warranty claim, including shipping the Product claimed as faulty or defective back to Bay Gallery Furniture.
11. Information and Product Disclaimer
11.1. Any information provided to you by Bay Gallery Furniture regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
11.2. Bay Gallery Furniture fabric Products are upholstered by hand. Therefore you should expect minor variations of colour, appearance, characteristics such as creasing and softness, size and weight from the sample Products or from any Product specifications you have been quoted. Leather Products will exhibit scars, marks and areas of differing density and shade due to the inherent characteristics of the fabric.
11.3. Bay Gallery Furniture reserves the right to pattern match fabrics at its discretion.
11.4. Bay Gallery Furniture makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
12. Care and Maintenance
12.1. Bay Gallery Furniture provides detailed instructions on how to care for the Products to ensure the longevity of use and enjoyment intended.
12.2. Visit Warranty & Care for more information.
13. Title and Risk
13.1. The title to the Product will pass to you upon full payment of the Product by you. Title in this case indicates ownership of the Product.
13.2. Risk in each order passes to you upon delivery of the Product to you. Risk means the responsibility for the Product in general, including the responsibility for damage, handling, storage and other relevant responsibilities.
14. Copyright and Intellectual Property
14.1. The Website, the Purchase Services and all of the related Products of Bay Gallery Furniture are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Bay Gallery Furniture or its contributors.
14.2. Bay Gallery Furniture retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bay Gallery Furniture; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
14.3. You may not, without the prior written permission of Bay Gallery Furniture and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
15. Privacy
Bay Gallery Furniture takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Bay Gallery Furniture’s Privacy Policy found on the Website.
16. Mailing List
16.1. While using the Website, you will be given the opportunity to sign up for the Bay Gallery Furniture Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Bay Gallery Furniture via e-mail.
16.2. You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing info@baygallery.com.au.
17. General Disclaimer
17.1. You acknowledge that Bay Gallery Furniture does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
17.2. Bay Gallery Furniture will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
17.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
17.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Bay Gallery Furniture will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
17.5. Use of the Website, the Purchase Services, and any of the Products of Bay Gallery Furniture is at your own risk. Everything on the Website, the Purchase Services, and the Products of Bay Gallery Furniture, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bay Gallery Furniture make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of Bay Gallery Furniture) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
18. Limitation of Liability
18.1. Bay Gallery Furniture’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Bay Gallery Furniture is the resupply of information or Purchase Services to you.
18.2. You expressly understand and agree that Bay Gallery Furniture, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18.3. Bay Gallery Furniture is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bay Gallery Furniture, by third parties or by any of the Purchase Services offered by Bay Gallery Furniture.
19. Termination of Contract
19.1. The Terms will continue to apply until terminated by either you or by Bay Gallery Furniture as set out below.
19.2. If you want to terminate the Terms, you may do so by:
(a) notifying Bay Gallery Furniture at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Bay Gallery Furniture has made this option available to you.
19.3. Your notice should be sent, in writing, to Bay Gallery Furniture via the 'Contact' link on our homepage.
20. Indemnity
20.1. You agree to indemnify Bay Gallery Furniture, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
21. Venue and Jurisdiction
The Purchase Services offered by Bay Gallery Furniture is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
22. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.