These are the
terms and conditions of sale ("Conditions") of James Harrop Pty
Ltd, trading as Harrop & Co. whose registered office is 109 Stirling
Highway, Nedlands, Perth, 6009 Western Australia (ABN 83 610 486 603). These
terms will apply to all purchases of Goods and Custom-made Goods in Australia
when you order via our website (www.harropandco.com) (our "Website")
or by telephone. Please read this document carefully before placing your order.
By placing an
order by telephone you confirm your unconditional acceptance of these
the Terms and Conditions when confirming your order, you confirm your
unconditional acceptance of these Conditions.
We may change
these Conditions from time to time. The latest version of these Conditions is
available on our Website. The Conditions which appear on our Website at the
time you place your order are the Conditions which apply to your order,
Conditions can be saved electronically or printed by all users of our Website.
Whilst they remain posted on our Website, these Conditions will apply to all
transactions carried out via our Website and by telephone.
1.1 In these
1.1.1 "customer" means a person acting as a consumer who is
purchasing goods outside the course of his or her business or trade;
1.1.2 "you" means the customer submitting an order for goods;
1.1.3 "goods" means the goods to be supplied under these conditions;
1.1.4 "party" means either you or us; "parties" means you
1.1.5 "custom-made goods" means goods that are made for you;
1.1.6 "writing" means letter, fax or email.
1.2 The contract for supply of goods ("contract") will be formed when
we accept your order. Acceptance of an order by us can only be made in Writing.
Once the contract has been formed with you we will file it in paper copy for
our records. All orders are subject to availability.
1.3 Orders may only be placed by customers aged 18 and over.
1.4 In deciding whether to accept your order we may carry out a credit check
and then will only accept your order if we are satisfied with the results of
such a check. You confirm that you agree to us carrying out such a check.
1.5 These Conditions and any matters referred to on our receipt form the entire
understanding between you and us and supersede any prior promises,
representations whether by statements or conduct (except where the
representation was fraudulent) or undertakings.
1.6 Any omission or error in any sales literature, or in any advertisement
whether in newspapers, magazines, on the Internet or otherwise or in any
invoice or other document issued by us may be corrected by us without liability.
1.7 By accepting the Contract you confirm that you are a customer in Australia.
1.8 Clause headings are for convenience only and do not affect the
interpretation of these conditions. Words in the singular include the plural
and vice versa.
OF THE OFFEROR
Pty Ltd (ABN 83 610 486 603) whose registered office is 109 Stirling Highway,
Nedlands, 6009, Western Australia (referred to in these terms as "we"
RELATING TO GOODS
the range of goods sold via our telephone order service or via our website is
available, with product references, in the Harrop & Co. store and on our
website. All orders are subject to availability.
4.1 Orders by
Orders can be placed with our team by calling telephone number (08) 6162 0026,
10am to 5pm Monday to Saturday (Western Australian time).
4.2 Orders via our Website:
4.2.1 Orders can be placed through our website. You will be responsible for
paying any costs of connection to our Website.
order placed through the website.
4.2.3 We try to ensure that the information posted on the website is correct
and up-to-date. We reserve the right to change or make corrections to any of
the information provided on this website at any time and without any prior
warning. We cannot, and do not, guarantee the correctness, precision,
thoroughness or completeness of any of the information available on this
website, nor will we be liable for any inaccuracy or omission concerning any of
the information provided on this website. All images, illustrations and
descriptions of the goods are for information only and you are advised to
contact our team for further information about the goods.
4.2.4 To the maximum extent permitted by law, we make no representation or
guarantee that this website will be free from loss, destruction, damage,
corruption attack, viruses, interference hacking or other security intrusion
and we disclaim any liability relating thereto. We do not give any warranty for
the accuracy, suitability, reliability, completeness, performance, fitness,
freedom from viruses or timeliness of the content or services contained on our
4.2.5 We will not be responsible for any damages (including without limitation
loss of profit or loss of use) arising out of your use or delay or inability to
use our website, its content or any link to another website arising in
contract, tort (including negligence) or otherwise, except to the extent any
damages arise due to the negligence, wilful misconduct or breach of these
conditions by us.
4.2.6 When placing an order on our website, you will be required to complete
certain required fields on an order form. All steps necessary for placing an
order are detailed on our website.
4.2.7 In the event prolonged inactivity causes your connection to our website
to fail, your selection of goods may be lost. In such case, you will be
required to re-enter your selection.
4.2.8 Before you submit your order, you will be given the opportunity to review
your selection, check the total price of your order and correct any input
errors. All information on our website is an invitation to treat only and is
not an offer or unilateral contract. Your order represents an offer by you to
purchase the goods. We will acknowledge receipt of your order by sending a
confirmation email. Please note however that such confirmation email does not
constitute acceptance of your order.
4.2.9 The sale will only be binding on us once we have notified you that the
order is confirmed. This means that if goods are shown on our website but are
not available or are incorrectly priced or otherwise incorrectly described, we
shall not be obliged to sell you such goods.
4.2.10 You will only be charged for goods on orders which have been accepted by
5.1 The price
of the goods you order will be notified to you by telephone before you place
your order or shown on the website before you confirm your order and will be
confirmed on the written confirmation that you will receive when your order is
accepted. All prices are in Australian dollars (AU$) and are inclusive of GST
(except where otherwise stated on our website or notified to you by telephone) and
standard shipping (freighted by sea with variable delivery times of up to 60
days, dependent on point of origin. Air freight is optional extra, please
contact us on (08) 6162 0026 to arrange before placing your order).
5.2 If an error is found in the price of goods you have ordered, we will inform
you as soon as possible and offer you the option of reconfirming your order at
the correct price or cancelling your order. If you cancel, we will refund or
re-credit you for any sum that has been paid by you or debited from your credit
card for the goods.
5.3 You must pay to us any amount ("GST Amount") which is payable by
us on account of a goods and services tax, value added tax or any other similar
tax ("GST") as a consequence of any supply made or deemed to be made
or other matter or thing done under or in connection with these conditions. The
GST amount must be calculated by multiplying the amount on which the GST is
calculated by the prevailing rate of GST. You must pay any GST amount at the
same time and in the same manner as making any payment on which the GST amount
is calculated. You must pay any amount you are required to pay under this
clause in full and without deduction.
6.1 You must
pay for the Goods prior to their dispatch to you. Payment must be in Australian
dollars (AU$). The following credit cards are accepted: Visa, MasterCard and
American Express. Payment via PayPal is also accepted.
6.2 Your credit card will be debited at the time the order is prepared, except
in relation to custom-made goods, in which case your credit card will be
debited at the time that your order is received and accepted by us. You must
confirm to us the name which appears on the credit card to be debited, give the
card number and the expiry date as shown on the front of the card, as well as
the security code on the reverse of the credit card. We undertake to keep this
information strictly confidential.
6.3 In order to counter Internet fraud, payments through our Website will be
managed on-line with the banking organisations concerned through the facilities
offered by EWAY, a third party based in Australia. This company will be
responsible for holding and automated handling in a secure environment the
information relating to each order, including bankcard details.
We have also contracted with ANZ Bank to put in place a screening system to
deter credit card fraud. As a result, your personal data (including name, email
address, delivery details, telephone number, details of the order placed,
credit card details) will be disclosed and used by ANZ Bank exclusively for the
purposes of providing fraud screening services to us and to its own customers.
We reserve the right to not accept any orders where we deem the risk of fraud
to be too high.
We reserve the right to put in place additional/other payment security
system(s) from time to time.
6.4 To ensure that your credit, debit or charge card is not being used without
your consent, we will validate name, address and other personal information
supplied by you during the order process against appropriate third party
databases. By accepting these terms and conditions, you consent to such checks
being made. In performing these checks, personal information provided by you
may be disclosed to a registered Credit Reference Agency which may keep a
record of that information. You can rest assured that this is done only to
confirm your identity, that a credit check is not performed and that your
credit rating will be unaffected. All information provided by you will be
treated securely and strictly in accordance with the Privacy Act 1988.
6.5 In the event that the sum due from you has not been debited for whatever
reason (including, without limitation, stopped payment, refusal by the issuer
of the card, or technical failures), the sale will be cancelled immediately. In
the event that the goods have already been dispatched to you, you will remain
responsible for payment and we reserve the right to process your payment at a
later time or require payment via an alternative payment method.
7.1 The Goods
you order will be delivered during normal business hours once payment has been
confirmed to the address which you give to us when you place your order.
Delivery of all goods will be sent via our partner courier, with option of
White Glove Delivery presented upon checkout. Please note that deliveries are
not made outside Australia or care of hotel or PO Box addresses or to business
7.2 If there is
no one at the address given who is competent to accept delivery of the goods,
you will be asked to contact us in order to arrange an alternative delivery
date at your cost or to collect the goods yourself.
7.3 You may use our Gift Service to arrange for goods to be delivered to a
third party of your choice, providing that the delivery address is in
7.4 You are entitled to
organise a private courier to collect your goods. Couriers will need to bring a
completed consignment form to our storage facility for collection. Harrop &
Co. accepts no responsibility for freight-related issues when using an external
courier once the products have left our facility. Please contact us if you wish
to arrange your own courier.
7.4 No delivery/collection will take place unless payment for the goods has
been received in full. Any delivery date or time
specified by us is a best estimate only and we will not be responsible for any
loss or damage suffered by you through any reasonable or unavoidable delay in
delivery. We will aim to deliver the Goods within 10 days of arrival into
7.5 Ready to
ship goods will be dispatched from our warehouse or showroom within 72 hours of
your order being confirmed by Harrop & Co. No dispatch from our warehouse
or showroom will take place on weekends or WA public holidays.
7.5 Ownership of the goods and the risk for damage to the goods passes to you
7.6 If, at the time of delivery of delivered goods, the packaging for your
Goods is damaged, you are required to open the package in the presence of the
carrier in order to verify the condition of the goods. In the event of damage
to delivered goods, you should note the details on the delivery note and
contact immediately (see clause 10 below). Goods delivered White Glove will be
unpackaged by our partner courier, checked and verified, you will be asked to
sign a detailed Confirmation of Condition when this has been completed to which,
by signing, you agree. Once this form has been signed we accept no
responsibility for any newly discovered damage.
packaging relating to goods delivered White Glove will be removed and recycled
(where-possible) by our partner courier.
8. LIMITATION OF LIABILITY
8.1 To the full
extent permitted by law and subject to clause 8.4.4, we will not be responsible
to you under the contract or otherwise at law for:
8.1.1 any losses which are not reasonably foreseeable by both parties when the
contract is formed arising in connection with the supply of goods and related
services or their use by you or where you use our Gift Service, the recipient;
8.1.2 any losses which are not caused by any breach by us;
8.1.3 business or trade losses.
8.2 To the full extent permitted by law and subject to clause 8.4.4, our entire
liability in connection with the contract will not exceed the purchase price of
the goods in question.
8.3 Nothing in this contract means that our liability to you, or, where you use
our Gift Service, the recipient, for fraud or for death or personal injury
resulting from our negligence or that of our employees, agents or
sub-contractors is limited.
8.4 We shall repair or replace, free of charge any goods damaged or lost in
transit where delivery has been made by our carrier, provided that:
8.4.1 you give us written notification via email at firstname.lastname@example.org
or by mail at Harrop & Co., 109 Stirling Highway, Nedlands, 6009, Western
Australia of such damage or loss immediately after the delivery has taken
8.4.2 you deliver or produce to us at Harrop & Co., 109 Stirling Highway,
Nedlands, 6009, Western Australia, any receipt or other documents relating to
the Goods in question together with (in the case of a claim for damage) the
original packaging for the goods and the goods
8.4.3 If we accept your claim, we will bear the cost of repair or replacement
and of sending you your repaired or replacement Goods. If we do not accept your
claim, we will notify you and (in the case of damaged goods) make the goods
available for collection. If, in such circumstances, you wish us to repair or
replace your goods and/or send them back to you, we will provide you with
details of the costs of doing so, as well as details of our repair policy.
8.4.4 Your right to a repair or replacement under clause 8.4 above is in
addition to and not in substitution of any other rights and remedies you may
have under laws applicable to the goods. Our 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 loss or 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.
8.4.5 The limitations on our liability contained in these conditions is made to
the full extent permitted by law. Nothing in these conditions restricts the
effect of the guarantees referred to in clause 8.4.4 above, or any other law
which cannot be excluded, restricted or modified.
9. RETURN OF
9.1 In addition
to your legal rights, we operate a returns policy for our customers in respect
of items delivered (excluding Custom-made Goods), subject to the following
Within 20 days following the date of delivery:
9.1.1 Return the items in question, in their original packaging, complete with
any related accessories or instruction booklets, labels, protective covers and
boxes, together with the original invoice, to the following address: Harrop
& Co., 109 Stirling Highway, Nedlands, 6009, Western Australia. It is your
responsibility to obtain proof that the goods have been returned, by returning
the items by registered post or by such other means which gives proof of date
of postage and delivery. The cost of returning the goods shall be borne by you.
No new delivery can take place until we have received the returned goods from
9.1.2 You can also return your products in person in store.
will be offered for Goods that are returned by the customer incomplete, damaged
or soiled. You must take reasonable care of the goods if you wish to return
them exercising your consumer rights under this section.
9.2 In the event that goods are exchanged, the initial sale will be cancelled.
The new transaction payment will be set off against the amount of the preceding
sale. Any credit balance will be either re-credited directly to your bank
account or a credit card or a credit note will be issued to you. Any additional
payment will be debited directly from your credit card.
9.3 In the event that goods are exchanged by post, the new sale will be subject
to these conditions.
9.4 Nothing in this clause 9 will affect your rights referred to in clause
8.4.4 above. This exchange policy is in addition to those rights and is not
intended to exclude or limit those rights.
be cancelled once payment has been made and your order has been confirmed by
Harrop & Co. If you do wish to cancel your order, you must contact us
immediately on (08) 6162 0026.
information relating to these conditions, shipping, lead times or anything else
please contact us on (08) 6162 0026.
INTELLECTUAL PROPERTY RIGHTS
12.1 As between
you and Harrop & Co., you acknowledge that Harrop & Co. owns or has a
license to all title and copyrights in and to the content provided on this
Website. All title and intellectual property rights in and to the licensed
content provided on this Website is the property of the respective content
owners and may be protected by the applicable copyright or other intellectual
property laws and treaties and subject to use restrictions under such laws or
12.2 The "Harrop & Co." trade mark as well as all trade marks,
whether they are figurative or not, and all other marks, illustrations, images,
and logos which appear on our products, accessories or packaging and/or used in
connection with the sale and distribution of goods sold by Harrop & Co.,
whether registered or not, are and remain the exclusive property of Harrop
& Co.. The Website may contain third-party trade marks, and other marks,
illustrations, images and logos. You are not granted any right or license with
respect to the Harrop & Co. Trade Marks or the trade marks of any third
party. Any reproduction, whether complete or partial, modification or use of
these marks, illustrations, images and logos, for whatever reason and in
whatever medium, without our written, express and prior agreement, is strictly
prohibited, as in any combination or use in conjunction with any other mark,
symbol, logo and more generally any distinctive sign intended to form a
13. DELAY OR
FAILURE TO PERFORM
Subject to the
second paragraph of this clause, we shall not be responsible to pay you any
compensation or give you a refund if we are prevented or delayed in the
performance of any of our obligations to you if this is due to any cause beyond
our reasonable control including (without limitation): an act of God,
explosion, flood, fire or accident; war or civil disturbance; strike,
industrial action or stoppages of work; any form of government intervention; a
third party act or omission; failure of our supplier(s); failure by you to give
us a correct delivery address or notify us of any change of address.
We will inform you of any such unforeseen event or of force majeure within
seven days of its occurrence. Should this interruption continue beyond a period
of four consecutive weeks, you will be entitled to cancel the order, and
we will refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
14. USE OF YOUR
The holding and
using of personal information provided to James Harrop Pty Ltd, trading as
Policy to understand how we use and protect the information that you provide to
us. By placing an order on the Website, you consent to the collection, use and
comments, queries or requests relating to our use of your information are
welcome and should be addressed to here.
contract is governed by the laws of Western Australia and the Courts of Western
Australia shall have the non-exclusive jurisdiction to resolve any disputes
arising out of or under it.
15.2 No waiver by us of any breach of the Contract by you is considered as a
waiver of any subsequent breach of the same or any other provision.
For further information or clarification, please
contact us on (08) 6162 0026
Harrop & Co.
A luxury Interior Design showroom housing exclusive collections of hand-crafted furniture, lighting & home decor from the world's very best luxury lifestyle brands.