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Terms and Conditions

1. Order, delivery and acceptance

1.1 This Agreement applies to you (Customer or you) and your use of the website, http://www.sokol.com.au (Site) of Sokol Furniture Pty Ltd (Sokol or we or us) and the provision of the Goods.
1.2 By browsing and using the Site, or placing an order for Goods, you automatically agree to the terms of this Agreement as set out below.     
1.3 You must ensure that your access to, or use of our Site is not illegal or prohibited by laws which apply to you.
1.4 You may access our Site at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access our Site 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.
1.5 The transmission of data over the internet is not always secure. Although Sokol endeavours to secure the Site, it is not liable for any breach of security. We may collect information received about your usage of the Site, which may be used to conduct analyses, including tracking usage patterns, among other things. Please refer to our Privacy Policy (http://www.sokol.com.au/scripts/privacy-policy.asp)  which is expressly incorporated into this Agreement.
1.6 Orders for the Goods received from the Customer shall be deemed to be received by Sokol at the time that we send an order confirmation to your nominated email address. Each order placed by the Customer represents a separate and binding agreement, which is subject to this Agreement. Sokol reserves the right to reject or cancel any order in its sole and absolute discretion.
1.7 Sokol will make all reasonable efforts to have the Goods delivered to the Customer at the Delivery Address. Where this Agreement refers to collection of the Goods, then all references to 'delivery' herein shall be construed as meaning the time of collection (as the context permits).
1.8 The dispatch or delivery time provided for particular Goods is an estimate only and is subject to change without notice. Delivery time depends on factors such as your specific location and the freight, courier or delivery carrier. A notification email will be provided to you with details of the delivery, being the estimated arrival time, freight, courier or carrier contact details and consignment note or tracking number. You should direct any queries in relation to the delivery to the freight, courier or delivery carrier. Sokol does not hold any responsibility for events that may occur, or any other causes, resulting in a delayed dispatch or delivery date. Delivery is to front door only - driver will not enter premises (unless special fragile service booked at additional charge). This service does not include unpacking or rubbish removal.
1.9 Notwithstanding anything else, Sokol does not provide any warranty, nor take any responsibility or liability whatsoever, for any aspect of the delivery or despatch process, which is the responsibility of the freight, courier or delivery carrier, nor for any loss, liability, damage, defect or delay that may arise from such despatch or delivery (or late despatch or delivery).

1.10 All deliveries will take place during Business Days. If you are not usually home on Business Days, or are unable to accept delivery we suggest: (a) you have the item delivered directly to your place of work or (b) provide special instructions when ordering for a safe delivery place at your home.
1.11 The Customer shall ensure that its duly authorised representative shall be present at delivery of the Goods. Acceptance of delivery by such representative shall constitute conclusive evidence that Customer has inspected the Goods and found them to be in good condition, complete in every way for the purpose for which it is intended. If required by Sokol (or the freight, courier or delivery carrier), the duly authorised representative shall sign a receipt confirming acceptance.

2. Risk

2.1 Unless otherwise agreed in writing, all risk in, and to, the Goods purchased shall pass to the Customer upon delivery to, or collection by, the Customer, its agent or authorised representative.
2.2 Without limiting the foregoing, upon delivery of the Goods to the Customer, its agent or authorised representative, the Customer warrants to Sokol that it, and its agents and authorised representative, shall comply with all relevant laws, and all necessary precautions and safety measures relating to the (dis)assembling, storage, use and handling of the Goods.

3. Title

3.1 Title in, and to, the Goods shall not pass to the Customer until payment in full for the Goods (and delivery cost if any) is received by Sokol in cleared funds.
3.2 The Customer acknowledges that until title in, and to, the Goods passes to the Customer: (a) the Customer holds the Goods as bailee of Sokol and (b) the Customer shall store the Goods separately and in such a manner that the Goods are clearly identified as property of Sokol.
3.3 Sokol shall be entitled at any time until title in, and to, the Goods passes to Customer in full, to demand return of the Goods and it shall be entitled without notice to the Customer and without liability to the Customer, to enter any premises occupied by the Customer in order to search for and remove the Goods.
3.4 The Customer acknowledges that if it sells the Goods before title in, and to, the Goods has passed to the Customer, it sells the Goods as a fiduciary agent of Sokol provided that such sales shall not give rise to any obligations on the part of Sokol. The Customer shall hold the proceeds of sale on trust for Sokol in a separate account.|

4. Payments

4.1 Sokol accepts payment by credit cards issued by Visa, Mastercard and Amex. We also accept direct deposit, Paypal and ZIP money. It is the Customer's responsibility to ensure all details are correct at time of transaction.
4.2 The Customer shall pay the price (in cleared funds) to Sokol for the Goods in accordance with the payment terms on our Site or invoice (as the context permits). The price shall be paid in the manner nominated by Sokol.
4.3 The price is inclusive of GST but exclusive of any other applicable taxes and duties or similar charges payable by the Customer at the rate and manner from time to time prescribed by law.
4.4 All payments made by Customer shall be made without withholding or set-off. All deposits or advanced payments are non-refundable. Time for payment shall be of the essence of this Agreement.
4.5 If the Customer fails to pay the price by the due date for payment, or any other sums payable under this Agreement, then, without limiting Sokol's rights (including under clause 10), the Customer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. The interest shall be paid at the daily rate of 5% above the Reserve Bank overdraft lending rate from the date that the payment was due to the date of payment (and the Customer agrees that this interest charge is a genuine pre-estimate of the damage that would be suffered by Sokol as a result of the Customer's failure to pay the price for the Goods).
4.6 Invoices may only be disputed by the Customer providing Sokol written details of dispute within 14 days of the invoice date, failing which the invoice shall be deemed to have been accepted by the Customer. The Customer shall remain liable to make payment of any undisputed portions of an invoice.

5. Returns and cancellations

5.1 In the circumstance where you are not satisfied with the quality or condition of our Goods, (excluding damage to packaging and all lighting and mirrors) you may return the Goods within 7 days for a refund of the purchase price less shipping cost. Goods returned must not be damaged and in original condition and must be returned in original packaging, in an unmarked and unused condition, unassembled to the following address: Sokol Designer Furniture - Warehouse 3, 209 Discovery Road, Dandenong South, VIC, 3175.
5.2 In circumstances where you return the Goods and request for a refund, in accordance with clause 5.1, Sokol requires, in order to consider such a request, photographic evidence or video footage of the alleged damage or fault to be sent to us via email to: [email protected]
5.3 All shipping charges are non-refundable.
5.4 Upon receipt of the Goods and subject to the terms of this Agreement, a refund will be issued within 3 Business Days. Such refund will be made in the same manner as the original payment was made by the Customer and the Customer may also be offered the option of a store credit. 
5.5 The Good(s), must be returned in their original packaging. |
5.6 It is the Customer's responsibility to ensure that returned items are returned safely. Sokol takes no responsibility for lost Goods and the Customer will be solely liable for the shipment cost of the return.
5.7 If Sokol is unable to source or deliver the Goods as ordered by you, Sokol may cancel your order and provide you with a refund. Subject always to this Agreement, Sokol takes no responsibility for any loss or damage whatsoever in relation to orders that have been cancelled by us.

6. Warranties and liability

6.1 All Goods are supplied with a 2 (two) year manufacturer's warranty against core defects in production or materials. The warranty is valid for Australian residents only. This warranty does not cover: (a) normal or fair wear and tear (b) damage arising from abnormal use, or abuse or (c) Goods which have not been maintained, or which have been modified.
6.2 Sokol makes no warranties, express or implied, and excludes to the maximum extent permitted by law all warranties, representations, terms or conditions, whether express or implied, oral or written, statutory or otherwise, relating in any way to the Goods or this Agreement.
6.3 Sokol acknowledges that where the supply of Goods are consumer supplies under applicable State, Territory and Commonwealth laws (including, without limitation, the Competition and Consumer Act 2010 (Cth) (CCA)) certain statutory express and implied guarantees and warranties (including, without limitation, the statutory guarantees under the CCA) will be implied into this Agreement.|
6.4 In relation to the guarantees that cannot be excluded under the CCA, the Customer is entitled to a replacement or a refund for major failure and compensation for any other reasonably foreseeable loss or damage. However Sokol is not liable for loss or damage that results from its failure to comply with these guarantees if that failure was caused independent of human control and occurred after the Goods left our control.
6.5 To the extent permitted by the CCA, Sokol's liability is limited to any one or more of the following (in its sole discretion) where the failure of the Goods is not a major failure: (a) replacement or repair of Goods (b) supply of equivalent Goods or (c) payment of cost of repairing or replacing Goods or supplying equivalent Goods.
6.6 Sokol shall not be liable (including in relation to a warranty claim) where the Goods: (a) have not been used strictly in accordance with its specifications, operating instructions, manuals and warnings (b) have been altered or modified by anyone other than Sokol (c) have been subjected to misuse, neglect, accident, damage in transit, abuse or unusual or natural hazard or (d) have been installed improperly.
6.7 Without prejudice to clause 6 and to extent allowable at law, Sokol's maximum aggregate liability for breach of this Agreement (including any liability for acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount paid or payable by Customer for the Goods.
6.8 Sokol shall not be liable under this Agreement (including in relation to a breach of warranty) or from use of the Site for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill or reputation, loss of or corruption or damage to data, or indirect or consequential loss or damage, in each case, however caused, even if foreseeable (other than in relation to reasonably foreseeable loss or damage as referred to in clause 6.4), and shall not be responsible for any injury to person or damage to property incurred.
6.9 The Customer shall indemnify Sokol, its directors and representatives from all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to use of the Goods by the Customer or anyone else, or otherwise arising as result of this Agreement.

7. Customer responsibilities and acknowledgement

7.1 The Customer acknowledges that the ability of Sokol to provide the Goods is dependent upon the Customer's full and timely co-operation (which it agrees to provide), and the provision of any other information and data provided by the Customer.
7.2 Sokol shall not be liable for any delays resulting from the Customer's failure to fulfil any of its obligations. Sokol reserves the right to invoice the Customer for any additional expenses reasonably incurred by it as a result of such delays.
7.3 The Customer acknowledges that Sokol will not be providing any services (including, without limitation, installation of the Goods) pursuant to this Agreement. All installation shall be carried out by the Customer and Sokol has no responsibility nor liability in relation to same.
7.4 The Customer acknowledges that it has relied upon its own inspection, skill and judgement in purchasing the Goods.

8. Disclaimer

8.1 The Customer acknowledges that it has not relied on any advice, recommendation or assistance provided by Sokol (or its employees, agents and subcontractors) in relation to the Goods, or their use, application or otherwise.
8.2 The Customer must not use the Goods in any way other than as specified in the operating instructions, manuals and warnings, nor for any purpose other than the intended use of the Goods.
8.3 Customer acknowledges that Sokol shall not be responsible for any loss of or damage to the Goods arising out of or in connection with: (a) any negligence, misuse or mishandling of the Goods (b) use that is not consistent with the operating instructions, manuals and warnings or (c) loss or damage otherwise caused or contributed by the Customer or its officers, employees, agents, contractors, invitees, guests or any other third party. The Customer shall remain responsible at all times for any act or omission of a third party.
8.4 In relation to the Site, Sokol does not warrant that use of the Site will be uninterrupted, error free or virus free.
8.5 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 the Site or any other external linked website.
8.6 Sokol is not responsible to the Customer or anyone else for any loss suffered in connection with the use of the Site, any of its content, or for any loss incurred as a result of damage to the Customer's or another person's computer system or the transmission of any computer viruses.
8.7 Except as required by law, the content on the Site is provided without any express or implied representation or warranty. Sokol excludes all implied conditions and warranties relating to the content of the Site to the extent permitted by law. Where liability cannot be excluded, any liability incurred by Sokol in relation to the use of the Site or the content is limited as provided under the CCA.
8.8 The content of the Site is general information which is provided in good faith and as a guide only.
8.9 The Goods are not manufactured by, affiliated with, or associated with the original designers, manufacturers or distributors of our classic replica products, including Herman Miller, Charles or Ray Eames, Kartell, Eero Aamio, Phillipe Stark, Tom Dixon and Arne Jacobsen.

9. Intellectual property and exclusivity

9.1 Nothing in this Agreement shall be construed as granting any right, title or interest in any of Sokol's patents, designs, trade marks, trade secrets, know-how or other intellectual property rights in relation to the Goods, the Site or otherwise (Intellectual Property Rights).
9.2 Any and all Intellectual Property Rights, and anything else generated therefrom, shall be Sokol's sole and exclusive property. For the avoidance of doubt, the supply of Goods by Sokol shall not confer any right, title or interest upon the Customer to use any of Sokol's Intellectual Property Rights, unless otherwise expressly permitted herein.
9.3 The Customer acknowledges that the Goods may include third party intellectual property rights (Third Party IP) and the Customer's rights to use the Goods is without prejudice to Third IP. Any rights to access Third Party IP shall be limited to the extent of Sokol's right to access same and its ability to pass on such rights to the Customer. Notwithstanding, the Customer acknowledges that any manufacturer's warranties applicable to the Third Party IP (including those provided with such Third Party IP) are provided by the corresponding third party supplier and not Sokol (and Sokol disclaims all responsibility in relation to same).

10. Term and termination

10.1 This Agreement commences on the Commencement Date and continues unless terminated pursuant to its terms.
10.2 Sokol may, without prejudice to any other right or remedy which may be available to it, terminate this Agreement immediately by written notice to Customer if: (a) the Customer defaults in its payment obligations (b) the Customer commits a material breach of this Agreement which breach is irremediable, or which breach (if remediable) is not remedied within 5 Business Days after the service of written notice from Sokol requiring it to do so (c) an Insolvency Event occurs in relation to the Customer.
10.3 Upon termination pursuant to clause 10.2, without prejudice to other rights or remedies, the Customer shall pay to Sokol on demand: (a) the price in full and other sums due but unpaid at date of such demand together with interest accrued pursuant to this Agreement and (b) any costs and expenses (including legal costs) incurred by Sokol in recovering the Goods or in collecting any sums due under Agreement.
10.4 Termination shall be without prejudice to the rights and obligations of the parties accrued up to the date of termination.

11. Security Interest

11.1 In consideration for Sokol providing Customer with the Goods in accordance with this Agreement, Customer charges in favour of Sokol all of Customer's estate and interest in any and all personal property whether tangible or intangible in which Customer now has any legal or beneficial interest or in which Customer may later acquire any such interest, for purpose of, and insofar as necessary to ensure the, securing of payment to Sokol of the price of the Goods and any other charges for which Customer is liable to Sokol.
11.2 The Customer agrees that Sokol, shall be entitled to register its security interest in the Goods in accordance with the Personal Property Securities Act (Cth) 2009 (PPSA) in order to give effect to the provisions of this clause 11. To further secure Sokol's interest in the Goods, the Customer agrees that Sokol shall have the right to register a purchase money security interest in the Goods, in accordance with provisions of the PPSA
11.3 The Customer acknowledges that this Agreement is a continuing security agreement for the purposes of section 20 of the PPSA and will operate irrespective of any intervening payment. Any security interest registered in accordance with clause 11.2 shall only be released when all payments and charges for which the Customer is liable to Sokol have been received by Sokol.
11.4 A security interest is taken in all Goods previously supplied to the Customer and in all Goods that will be supplied in the future by Sokol to the Customer during the continuance of the relationship with the Customer (until all payments and charges for which the Customer is liable to Sokol have been received by Sokol).
11.5 In consideration for Sokol providing Customer with the Goods, Customer agrees to grant an interest in favour of Sokol in Customer's estate and interest in any and all real property whether tangible or intangible in which Customer now has any legal or beneficial interest or in which Customer may later acquire any such interest, for the purpose of, and insofar as necessary to ensure the, securing payment to Sokol of the price and any other charges for which Customer is liable to Sokol and Sokol shall be entitled to register its interest in Customer's estate in real property (as contemplated by this clause 11) by way of registration of caveat or charge over any such real property.

12. Change

12.1 Caution is taken to ensure that all Goods displayed on the Site are in stock and available at the prices displayed on the Site. 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.
12.2 We reserve the right to withdraw any Goods from our Site at any time and/or remove or edit any materials or content on our Site. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
12.3 Sokol will not be liable to you or any other third party by reason of our withdrawing any Goods from our Site, whether it has been sold or not, removing or editing any materials or contents on our Site or for refusing to process or accept an order after we have sent you the order confirmation.
12.4 Sokol will not be held liable for any variation that may arise in comparison to images shown on the Site, associated materials and the actual Goods supplied. 12.5 Sokol attempts to be as accurate as possible when we describe our Goods on our Site, however, to the extent permitted by applicable law, we do not warrant that the descriptions, colours, information or other content available or offered on our Site are accurate, complete, reliable, current or error-free. All images displayed are of actual Goods sold and all attempts are made to display a true likeness of the Goods. 
12.6 The Customer acknowledges and agrees that all images and descriptions on the Site and associated materials are approximates only and Sokol accepts no responsibility whatsoever for any deviations in dimensions, quantities or specifications or the like in relation to the Goods that have been delivered to you.

13. Notices

13.1 All notices given by Sokol may be given by email to the address provided by the Customer. It is the Customer's obligation to keep that email address current and correct. The Customer agrees that the record of Sokol having sent a notice to it by email is, of itself, conclusive proof of receipt.
13.2 Notices given by the Customer must be delivered to Sokol in writing and addressed to: 469 Malvern Road, South Yarra, VIC 3141. (with copy by email to [email protected]).

14. General

14.1 The Customer shall not, without the prior written consent of Sokol, assign, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement. Sokol may at any time assign, subcontract or deal in any other manner with all or any of its rights or obligations.
14.2 This Agreement constitutes the whole agreement between parties and supersedes all previous agreements between the parties relating to its subject matter (including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using the Goods), or any other terms and conditions of purchase of the Customer.
14.3 Neither party shall, during and after termination of this Agreement, without prior written consent of other party, use or disclose to any other person any information of other party which is identified as confidential or which is confidential by its nature. Each party shall on demand and on termination of this Agreement surrender to the other party all materials relating to such confidential information in its or its personnel's, agents' or representatives' possession.
14.4 Neither party shall be in breach nor liable for delay or failure in performing its obligations resulting from events or causes beyond its reasonable control, including, without limitation, acts of God, governmental actions, strikes or labour difficulty, war, terrorism, fire, explosion, flood, act or omission of third party, inability to obtain any necessary materials, equipment, facilities or services, failure of performance provided by others (including freight, courier or delivery carriers), internet interruption or virus, stock availability, accidents or breakdown of plant, machinery, parts, software, hardware or communication network.
14.5 Nothing is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to bind the other in any way.
14.6 If any part of this Agreement is held illegal, unenforceable or void, that part shall be severed and the remainder of this Agreement and will continue in full force and effect.
14.7 No waiver of any breach of this Agreement will be construed as a waiver of any other breach of
this Agreement.
14.8 No term or condition of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement.
14.9 This Agreement is governed by and is construed in accordance with the laws applicable in Victoria.

15. Definitions

The following definitions shall apply in this Agreement:
(a) Agreement: these terms and conditions and all documents referred to therein.
(b) Business Day
: means from 9.00am to 5.00pm on a day (other than Saturday, Sunday or public holiday) when Victorian banks are open.
(c) Commencement Date: means the date of acceptance of this Agreement in accordance with clause 1.2 or otherwise.
(d) Delivery Address: means the delivery location as set out in your order.
(e) Goods: means the furniture referred to in your order form.
(f) GST: shall have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(g) Insolvency Event: means in respect of a party, that party becoming insolvent within the meaning of Corporations Act 2001 (Cth), is otherwise unable to pay its debts when due, it ceases to carry on business, or commits an act of bankruptcy (where the party is an individual).

What our customer say about us

Shane Browning

Thank you so much for organizing same day delivery of marble table. Looks great and your staff were very friendly and helpful via phone and website. Very impressed with service.

Sally Fletcher

My chairs arrived... I absolutely love them! Excellent quality and value for money. Really comfy too.

© 2019 Sokol Designer Furniture. All rights reserved.

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