Terms and Conditions
These Terms and Conditions (“Terms”) apply to all purchases from Mentone Furniture Clearance Centre (business name) operated by SHANEMAC PTY LTD (ABN 58 608 648 255) (“we”, “our”, “us”), including purchases made in-store and via https://mentonefurnitureclearance.com.au/ (the “Website”).
By placing an order, making a purchase, or using the Website, you agree to these Terms. If you do not agree, you must not use the Website or purchase from us.
1. Definitions
- ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Clearance Stock means excess stock, discontinued lines, and clearance inventory sourced from retailers and suppliers.
- Brand New Boxed Stock means unused products supplied in original packaging, including excess and discontinued stock.
- Ex-Display / Floor Stock means items used for showroom display or floor presentation, which may show cosmetic wear consistent with display use.
- Order means any order placed for goods and/or services (including delivery and assembly).
- Goods means products purchased from us.
- Services means any services arranged by us, including delivery and assembly (whether provided by us or third parties).
2. Clearance Stock, Ex-Display Items, and Product Condition
2.1 We operate as a clearance centre. Most Goods are sold as Clearance Stock and come brand new in the box with a 12 month warranty included.
2.2 Where an item is marked and sold as an Ex-Display / Floor Stock item the item may show minor cosmetic marks, wear, or imperfections consistent with display use.
2.3 Product images are indicative only. Colours and finishes may vary due to lighting, photography, device screens, and manufacturing batches.
Nothing in these Terms excludes or limits rights you may have under the ACL.
3. Warranty and Consumer Guarantees
3.1 All Goods are covered by consumer guarantees that cannot be excluded under the ACL.
3.2 Brand New Boxed Stock Warranty
Where Goods are sold as Brand New Boxed Stock, we provide a minimum 12-month warranty from the date of purchase covering manufacturing faults and defects.
3.3 This warranty does not cover:
- normal wear and tear
- misuse or neglect
- damage caused during customer transport
- incorrect assembly or installation
- damage caused by third parties
- damage caused by improper handling or storage
- cosmetic marks on Ex-Display / Floor Stock items disclosed at the time of sale
3.4 Where a valid warranty claim is accepted, we will provide an appropriate remedy, which may include repair, replacement, or refund, depending on the nature of the fault and the requirements of the ACL.
4. Pricing, Promotions, and Errors
4.1 All prices are in AUD and are subject to change without notice.
4.2 Promotions apply only for the stated period (or while stock lasts).
4.3 If an obvious pricing or product description error occurs, we may cancel or amend the Order and refund any amount paid.
5. Orders and Stock Availability
5.1 Stock availability is subject to change and is not guaranteed until payment is confirmed.
5.2 We may cancel an Order if Goods become unavailable, are incorrectly listed, or cannot be supplied for reasons beyond our control. If so, we will refund amounts paid for cancelled Goods.
6. Payments and Surcharges
6.1 Payment must be made in full prior to fulfilment, collection, or delivery unless otherwise agreed in writing.
6.2 We accept bank transfer, cash, credit card, Afterpay, LatitudePay, and Zip.
6.3 Credit card payments attract a 2% surcharge (where permitted by law).
7. Cancellations and Cancellation Fee
7.1 Where an Order is placed for a product that is not in stock at the time of purchase and the customer later cancels prior to collection or delivery, a cancellation fee of 30% of the invoice value will apply to reflect reasonable costs incurred.
7.2 The cancellation fee may be deducted from any refund otherwise payable.
8. Returns and Refunds
8.1 Change of Mind
We do not offer refunds or exchanges for change of mind, including where the customer:
- decides they no longer want the item
- orders the wrong item
- fails to confirm measurements
- cannot fit the item into their premises
- cannot transport the item
- dislikes the colour/finish after purchase
8.2 Measurements and Access
It is the customer’s responsibility to obtain measurements and confirm suitability prior to purchase, including access through doorways, lifts, stairwells, and hallways.
8.3 Faulty Goods (ACL)
Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and compensation for other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
8.4 Inspection and Notification Requirements
You must inspect Goods immediately upon collection or delivery.
You must notify us of any defect or issue within 3 days of purchase.
8.5 Return Conditions (Where Approved)
Any approved return must be:
- returned within 7 days of purchase
- returned to the purchase location (unless otherwise agreed in writing)
- accompanied by proof of purchase
- returned with original packaging, components, manuals, and accessories (where applicable)
8.6 Exclusions
We will not provide a remedy (to the extent permitted by law) for damage caused by mishandling, improper transport, incorrect assembly/installation, misuse, neglect, abnormal use, wear and tear, unauthorised modifications/repairs, or damage occurring after delivery/collection due to customer circumstances.
9. Proof of Purchase
Customers must retain their tax invoice/receipt as proof of purchase. Proof of purchase is required for any assessment, return, repair, exchange, or replacement.
10. Title and Risk
Title passes once payment is received in full.
Risk passes at collection by the customer (or their carrier), or upon delivery to the nominated address where delivery is arranged through us.
11. Delivery
Delivery may be provided by third-party contractors. Delivery times are estimates only.
The customer must ensure safe, reasonable access. Additional fees may apply where access is difficult.
For single-person deliveries, the customer may be required to assist with moving Goods from the vehicle.
If delivery cannot be completed due to customer unavailability or unsuitable/unsafe access, Goods may be returned to the warehouse and a re-delivery fee will apply.
Quotes are for ground floor delivery unless stated otherwise. Upper-level deliveries may require a two-person delivery and a revised quote.
12. Collection and Storage
If Goods are not collected or delivery not arranged within a reasonable time after notification, we may charge storage fees and/or take steps permitted by law (including resale) to recover costs.
Storage fees (if applicable) will be communicated where reasonably practicable before being applied.
13. Assembly (RTA and Boxed Goods)
RTA/boxed Goods may require assembly. We do not assemble prior to delivery.
Assembly may be arranged via a third-party contractor for an additional fee (from $49, subject to scope).
We are not liable for damage caused by assembly performed by the customer or any third party.
14. Pre-Orders and Estimated Timeframes
Timeframes for pre-orders are estimates only and depend on suppliers/retailers.
We do not provide refunds or free delivery due to delays outside our control.
Once received, the customer must arrange delivery/collection promptly.
15. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control (including bushfires, floods, natural disasters, pandemics, transport and supply chain disruptions).
Where such an event occurs, we may extend timeframes as reasonably required.
16. Limitation of Liability
Nothing in these Terms excludes, restricts, or modifies any ACL right or remedy that cannot be excluded.
Subject to Section 16.1, we are not liable for indirect or consequential loss, loss of profits or business, delays caused by third parties, or damage arising from misuse, incorrect assembly, or improper transport by the customer or third parties.
Where liability cannot be excluded but can be limited, our liability is limited (at our option) to replacement, repair, supply of equivalent goods, or payment of the cost of replacement/repair.
17. Website Terms
Website content is provided “as is” and may be updated without notice.
You must not misuse the Website, attempt unauthorised access, or interfere with Website operation.
Third-party links are provided for convenience; we are not responsible for their content or privacy practices.
18. Changes to These Terms
We may update these Terms by publishing an updated version on the Website. Updates take effect from the date of publication.
19. Governing Law
These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of Victorian courts.
20. Contact Details
Mentone Furniture Clearance Centre
Operated by SHANEMAC PTY LTD (ABN 58 608 648 255)
- Phone: 03 8522 2115
- Mobile: 0421 768 052
- Email: hello@mentonefurnitureclearance.com
- Address: 65A Grange Rd, Cheltenham VIC 3192, Australia
- Opening Hours: Open 6 days a week (Closed Tuesdays)