Terms and Conditions

1.                Terms of Use

(a)              These terms apply to you and your usage of this website and associated software, networks and processes.

(b)              By browsing and using this website, or placing an order, you automatically agree to the terms as set out below.   

(c)              You must ensure that your access to, or use of our website is not illegal or prohibited by laws which apply to you.

(d)              You may access our website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

2.                Orders, Shipping and Handling

(a)              Orders will be deemed to have been received by Sokol Furniture Pty Ltd (Sokol) at the time Sokol sends an order confirmation to your nominated email address. Each order placed by you represents a separate and binding agreement. You will not be able to cancel or change your order upon acceptance by us of your order. Sokol reserves the right to not accept or to cancel any orders in its sole discretion.

(b)              Sokol uses reputable national courier to deliver our furniture (“Goods”) to your delivery location as set out in your order (“Delivery Location”).

(c)              The dispatch date provided for a particular product is an estimate only and is subject to change without notice. Delivery time depends on your specific location, a notification email will be provided to you with full details of the delivery with arrival time, courier contact details and consignment note number. Subject to these terms, upon receipt of your payment for the Goods and delivery cost (if any) we will use our best endeavours to ensure that, all items will be shipped within two  business days unless  otherwise specified on our website. Sokol does not hold any responsibility for events that may occur resulting in a delayed dispatch date.  

(d)              All deliveries will take place during normal business hours Monday to Friday (9.00am - 5.00pm). 

(e)              If you are not usually home during business hours, or are unable to accept delivery we suggest:-

(i)                You have the item delivered directly to your place of work, or to a trusted neighbour/relative.

(ii)              Provide special instructions when ordering for a safe delivery place at your home (eg Garage, behind the front fence).

3.                Risk and Title

(a)              Title and risk in the Goods pass to you on delivery of the Goods to the Delivery Location.

4.                Warranty

(a)              We source our products from the most reputable companies who must adhere to our stringent quality procedures.

A.      Implied Warranties

(b)              We acknowledge that where the supply of Goods are “consumer” supplies, under applicable State, Territory and Commonwealth law(s) (including, without limitation, the Competition and Consumer Act 2010 (Cth) (“Competition and Consumer Act”), certain statutory express and implied guarantees and warranties (including, without limitation, the statutory guarantees under the Competition and Consumer Act will be implied into these terms (“Non- Excluded Guarantees”).

(c)              We further acknowledge that nothing in these terms purports to modify or exclude the Non-Excluded Guarantees.

(d)              Except as expressly set out in these terms or in respect of the Non-Excluded Guarantees, we make no warranties or other representations under any contract with you or these terms. Our liability in respect of any warranty is limited to the fullest extent permitted by law.

(e)              All furniture carries a 12 (twelve) month warranty against core defects in production or materials   The warranty is valid in Australia only.

(f)                Our Goods that are classified as “consumer” 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 compensation for any other reasonably foreseeable 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. This warranty against defects is given in addition to other rights and remedies of the consumer under law. 

(g)              The warranties given by us in this clause 4 are given by Sokol Designer Furniture Pty Ltd of 402 Heidelberg Road, Fairfield VIC 3078 Australia. Phone: 1300 665 426  Email: [email protected]. All Goods subject to warranties must be returned to us or our nominated representative in original packaging for [inspection and assessment at your cost]

In relation to Goods

(a)              Subject to this clause 4 and so far as the law permits, the liability of Sokol for a failure to comply with the Non-Excluded Guarantees, will be limited to, other than in the case of a major fault, at the Company’s option, to:

(i)                the replacement of Goods

(ii)              the repair of the Goods

(iii)            the supply of equivalent Goods   or

(iv)            the cost of replacing or repairing the Goods or of acquiring equivalent Goods.

(b)              Other than as provided in this clause 4 and so far as may be permitted by law, if we fail to comply with the Non-Excluded Guarantees and it cannot be remedied or is a major failure, your right to recover damages is limited to the  reasonably foreseeable loss or damage suffered by you as a result of that failure. However we are not liable for loss or damage that results from our failure to comply with the Non-Excluded Guarantees if that failure was caused independent of human control and occurred after the Goods left our control.

(c)              In circumstances where the Non-Excluded Guarantees do not apply Sokol shall not be liable for any loss or damage (including any consequential loss or damage, which includes, without limitation, loss of profits and loss of revenue) of any kind whatever even if due to our negligence.

(d)              Subject to clause 4, you acknowledge that you have not relied on any representations, description, or statement made by Sokol in relation to the Goods, as to whether or not Goods are fit for a particular purpose. 

(e)              You acknowledge that you have relied solely upon your own inspection and skill and judgement in purchasing the Goods.

In relation to the use of this website

(f)                Sokol will not be liable for any direct or indirect loss or damage, however caused (including through negligence) which may be suffered in connection with access to or the use of this website or any other external linked website.

(g)              Sokol is not responsible to you or anyone else for any loss suffered in connection with the use of this website, any of its content, or for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.

(h)              Except as required by law, the content on this website is provided without any express or implied representation or warranty. Sokol excludes all implied conditions and warranties relating to the content of this website to the extent permitted by law. Where liability cannot be excluded, any liability incurred by Sokol in relation to the use of this website or the content is limited as provided under the Competition and Consumer Act 2010 (Cth).

(i)                Under no circumstances will Sokol be liable for any incidental, indirect or consequential damages, including damages for loss of opportunity, loss of business or loss of profits arising from the use of this website.

(j)                The content of our website is general information which is provided in good faith and as a guide only.

5.                Payment Methods Accepted & Payment Policy

(a)              We accept payment by credit cards issued by Visa, Mastercard & Amex. We also accept direct deposit. It is the purchaser's responsibility to ensure all details are correct at time of transaction.

(b)              All payments are final and no changes will be made after transaction has been processed.

(c)              In circumstance of special order items (i.e. products not listed as standard stock on our website) there will be no refunds or exchanges. All deposits on special orders are non-refundable. 

6.                Return of Items – Change of mind

(a)              In the circumstance where you are not satisfied with the quality or condition of our Good(s), (excluding all lighting & mirrors) you may return the item(s) within seven (7) days for a full refund of the purchase price less shipping cost  - no questions asked. Item must not be damaged and in original condition and must be returned in original packaging.

(b)              Please note that all shipping charges are non-refundable.

(c)              Upon receipt of the Good(s), a refund will be issued within three (3) business days. 

(d)              The Good(s), must be returned in their original packaging, in an unmarked and unused condition, unassembled to the following address:-

Sokol Designer Furniture
402 Heidelberg Road, Fairfield VIC 3078 Australia

(e)              It is your responsibility to ensure that returned items are returned safely, we take no responsibility for lost goods and you will solely liable for the shipment cost of the return. 

7.                Order Cancelation

(a)              If Sokol is unable to source or delivery the Goods as ordered by you, Sokol may cancel your order and provide you with a refund. Subject always to these terms, Sokol takes no responsibility for any loss or damage (whatsoever) in relation to orders that have been cancelled by us.

8.                Product Availability, Pricing & Information

(a)              All prices listed on our website are in Australian Dollars (AUD) unless otherwise specified and are inclusive of GST.

(b)              Caution is taken to ensure that all items displayed on our website (www.sokol.com.au) are in stock and available at the prices shown. We reserve the right to amend the prices without notice and to correct any errors that may be made by us in publishing these prices and availability.

(c)              Sokol will not be held liable for any variation that may arise in comparison to images shown on our website and the actual product. All images displayed are of actual product sold and all attempts are made to display a true likeness of product(s).  You acknowledge and agree that all images and descriptions on our website and associated materials are approximates only and Sokol accepts no responsible whatsoever for any deviations in dimensions, quantities or specifications or the like in relation to the Good(s) that have been delivered to you.

(d)              Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act). Tax Invoice has the same meaning as that defined by the GST Act.

9.                Intellectual Property

(a)              Unless otherwise stated, Sokol owns or is otherwise licensed to use all intellectual property rights in this website, including the trade marks, copyright, layout and designs. Except as permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any intellectual property in whole or in part without the prior written consent of Sokol.

(b)              Unless otherwise permitted by law, access to our website is only for personal and non-commercial use, and must not be referenced, reproduced or quoted without Soko’s prior written permission.

10.            Force Majeure:

(a)              We are not liable for failure to comply with these terms, any contract or an agreement for sale of Goods if the failure (directly or indirectly) arises out of any circumstances which are not within our reasonable control. If such circumstances occur, we may delay or cancel delivery of the Goods or reduce the quantity of Goods to be delivered and/or provided.

(b)              The circumstances are taken to be beyond our reasonable control includes, without limitation, strikes, lock-outs, accidents, acts of sabotage, war, riot, fire, flood or other forces of nature, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government authority or instrumentality.

(c)              We are not obliged to remedy such circumstances. We are especially not obliged to settle any strike, lock-out or any other kind of labour dispute.

11.            General

(a)              Sokol reserves the right to make changes to these terms without notice to you.

(b)              If any part of these terms is held illegal, unenforceable or void, that part shall be severed and the remainder of these terms will continue in full force and effect.

(c)              No waiver of any breach of these terms will be construed as a waiver of any other breach of these terms.

(d)              Except as otherwise set out herein, all implied conditions, statements or warranties, statutory or otherwise, are excluded to the fullest extent permitted at law.

(e)              These terms are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms will be heard in Victoria and you agree to submit to the jurisdiction of those courts.

(f)                Your must not assign your benefits or obligations under these terms without our prior written consent. We may assign our rights and obligations under these terms to another person without your consent..

(g)              No term or condition of these terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of these terms or that provision.