T & Cs, Warranty & Layby Policy

Terms & Conditions of Sale

1. General

These Terms & Conditions apply to all sales of goods by New Yorke Bedding & Furniture (“we”, “us”, “our”) to the customer (“you”).

By purchasing goods from us, you agree to be bound by these Terms & Conditions.

2. Pricing & Payment

  • All prices are in Australian Dollars (AUD) and include GST unless stated otherwise.

  • Payment must be made in full prior to delivery or collection unless otherwise agreed in writing.

  • We reserve the right to change prices at any time prior to sale.

3. Retention of Title

  • Ownership (title) of the goods remains with New Yorke Bedding & Furniture until full payment has been received.

  • Until ownership passes, you must:

    • Keep the goods safe and in good condition

    • Not sell, dispose of, or encumber the goods

  • If payment is not made when due, we reserve the right (to the extent permitted by law) to:

    • Enter premises where the goods are stored

    • Recover and repossess the goods

  • You agree that these Terms create a security interest under the Personal Property Securities Act 2009, and we may register that interest on the Personal Property Securities Register.

4. Risk & Delivery

  • Risk in the goods passes to you upon delivery or collection.

  • Delivery times are estimates only and may be affected by factors outside our control.

  • We are not liable for delays in delivery.

 

5. Returns & Refunds

  • We comply with the Australian Consumer Law.

  • You are entitled to a repair, replacement, or refund where goods are faulty, not as described, or not fit for purpose.

  • We do not provide refunds for:

    • Change of mind

    • Incorrect choice

    • Normal wear and tear

6. Limitation of Liability

To the extent permitted by law:

  • Our liability is limited to:

    • Repair or replacement of goods, or

    • Refund of the purchase price

  • We are not liable for indirect or consequential loss.

7. Storage

If goods are not collected within a reasonable time:

  • We may charge storage fees

  • We may resell the goods after providing notice, and recover any shortfall from you

8. Default

If you fail to make payment:

  • We may suspend or cancel supply

  • Charge reasonable recovery costs (including legal fees)

  • Enforce our rights under these Terms

9. Privacy

We may collect and use your personal information for the purpose of supplying goods and managing transactions, in accordance with Australian privacy laws.

10. Governing Law

These Terms & Conditions are governed by the laws of South Australia, and you submit to the jurisdiction of its courts.

Warranty & Replacement Information

Have peace of mind knowing that our warranty on mattresses have up to 10 years of warranty.
Most of bedroom furniture including bed frames have one year of warranty. Adjustable beds have 10 years warranty on frames and 5-10 years on electronics/motors (depending on the brand).
Our warranty does not cover goods damaged due to accidents, neglect, misuse, or wear & tear. Things not covered under warranty:
Sitting or standing on the headrest, side rails, foot board or any part of the bed frame not designed to support weight.
General wear and tear, including stretching of the leather or fabric.
Jumping, falling or roughly landing on any part of the bed frame with force.
Excessive damaged deemed ‘Misuse or Neglect’. These include, but not limited to, broken frames caused by falling or landing on the bed frame with force or snapped support base, frame or structure not caused by general use.
Removing parts or DIY fixes to any part of the bed frame or mattress. For example, taking apart the mechanism or slat system, or removing or opening parts of the bed frame or mattress to attempt to repair something yourself.

New Yorke Bedding & Furniture have the right to refuse service upon further inspection if terms of the warranty are not met.
Every effort will be made to replace and service the product with the same materials and colours as originally intended on purchase, however,
in the case that colours are not available, the next suitable option may be presented.
We have the rights to reject a warranty claim if product failure is
deemed to have been caused by factors other than faulty workmanship or materials.
Upon presenting your claim, we will also require a satisfactory proof of purchase.
Due to health and safety reasons we will not attend to mattresses that
have stains on them. Also due to health reasons, pillows cannot be returned.
Please contact us for any further questions related to our terms of warranty.

NEW YORKE BEDDING AND FURNITURE LAYBY POLICY

This policy sets out the terms and conditions of our lay-by service in accordance with the Australian Consumer Law (ACL), which applies in South Australia.

 

1. What is a Lay-By

A lay-by agreement allows you to pay for goods over time before taking possession of them. Ownership and delivery occur only after the full purchase price has been paid.

RETENTION OF TITLE – Ownership of the goods does not pass to the buyer until full payment has been received. New Yorke Bedding & Furniture reserves the right to recover the goods in the event of non-payment.

 

2. Lay-By Period

  • Minimum lay-by period: 4 weeks

  • Maximum lay-by period: 12 weeks

  • Any request to extend a lay-by beyond 12 weeks must be approved by New Yorke Bedding & Furniture.

  • Approved extensions may incur a reasonable administration or storage cost, which will be disclosed before the extension is agreed.

 

3. Payments

  • A minimum deposit of 10% of the total purchase price is required to commence a lay-by.

  • Payments may be made weekly, fortnightly, or monthly, as agreed at the time of purchase.

  • The full balance must be paid by the end of the agreed lay-by period.

 

4. Cancellation by the Customer

  • You may cancel your lay-by at any time before the final payment is made.

  • If you cancel, we will refund all amounts paid less any reasonable costs incurred by us as a result of the cancellation, including storage and handling costs.

Examples of reasonable costs may include:

  • Supplier cancellation or restocking fees

  • Freight already paid

  • Storage or handling costs incurred during the lay-by period

Any deduction will be limited to the actual costs incurred and will be explained at the time of refund.

 

5. Cancellation by Us

If New Yorke Bedding & Furniture cancels a lay-by agreement for any reason, including where the goods become unavailable, you will receive a full refund of all money paid.

 

6. Non-Payment

If payments are not made in accordance with the agreed schedule, we may contact you to discuss continuation or cancellation of the lay-by. If the lay-by is cancelled due to non-payment, refunds will be handled in accordance with Section 4 above.

 

7. Product Reservation

  • Goods on lay-by are reserved for the customer during the lay-by period.

  • If a lay-by is cancelled, the goods may be returned to general stock.

 

8. Storage Clause

  • If a lay-by extends beyond the agreed period or if cancellation occurs after the scheduled period, New Yorke Bedding & Furniture may charge reasonable storage and handling costs for the period the goods are held.

  • Any storage or handling charges will be calculated based on actual costs incurred and explained to the customer at the time of refund.

 

9. Policy Updates

This policy may be updated from time to time for new lay-by agreements. Existing lay-by agreements will continue under the terms agreed at the time of purchase unless both parties agree otherwise.

 

10. Contact Details

New Yorke Bedding & Furniture
13 Graves Street, Kadina SA 5554
Phone: (08) 8812 5858
Email: sales@newyorke.com.au

 

Acceptance of Terms

By entering into a lay-by agreement, you acknowledge that you have read and understood this policy.