POCO INSTORE TERMS & CONDITIONS

POCO Australia Pty Ltd ACN 109 214 495 (“POCO” or “we” or “us” or “our”) is fully committed to respecting your privacy. To view our Privacy Policy, please visit www.POCO.com.au/privacy or ask in store.

PAYMENT

Full payment for products must be made at the time of purchase or, if agreed by POCO, a deposit may be paid with the remaining payment made prior to delivery being arranged.

STORAGE

You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, POCO may charge storage fees of $50 per delivery per week and/or cancel your order.

DELIVERY

Delivery charges and estimated times will depend on where your product is being delivered. You must ensure the correct delivery address and access details are provided to us. We shall use all reasonable endeavours to meet the estimated delivery date, however you agree that POCO is not and will not be liable for any loss or damage, however it arises, if the products are not delivered within a reasonable time after the estimated delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present.

RISK AND TITLE

Risk in POCO products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by POCO of full payment by either cash or clearance of funds into our bank account.

POCO WARRANTY AND CONSUMER GUARANTEES

POCO Warranty: POCO provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale. The period of the Warranty will be:

  • (a) 10 years for upholstery frames (including sofas, daybeds, chaise, armchairs and recliners, and excluding occasional chairs, dining chairs and bar stools);
  • (b) 2 years for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms), pendant lights and any other product which POCO identifies in writing as attaching this Warranty; and
  • (c) 1 year for all other products.

This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.

Exclusions: Subject to the Australian Consumer Law, this Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:

  • (a) Repairs to a product are made or attempted by a service provider other than one approved by POCO.
  • (b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions.
  • (c) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
  • (d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
  • (e) The product is tampered with in any way.
  • (f) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.

Mattress and appliance Warranty: POCO will pass on any warranty on a mattress or appliance provided to it by a manufacturer to you. The warranty period is as specified by the manufacturer.

Consumer guarantees: 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 for 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the POCO Warranty apply to the consumer guarantees.

Consumer guarantee remedies: If there is a major failure with the product, the customer is entitled to:

  • (a) reject the product and get a refund;
  • (b) reject the product and get an identical replacement, or one similar in value if reasonably available; or
  • (c) keep the product and obtain compensation from POCO for the drop in value of the product caused by the major failure.

If there is a minor failure with the product, the customer is entitled, at the election of POCO, to:

  • (a) a refund of the cost of the product;
  • (b) replacement of the product; or
  • (c) have the product repaired within a reasonable time.

Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, POCO is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.

RETURNS AND CHANGE OF MIND POLICY

For products (excluding upholstered and furniture products, custom kitchens, clearance and sale products, products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product) paid for at the time of purchase in store and collected either in store or at a warehouse, or delivered to you, in addition to the rights granted by applicable statute (including the Australian Consumer Law), if you change your mind you may exchange the product within 7 days of the date of purchase, pick up or delivery (whichever is applicable) provided that the product is returned in its original condition, is in its original unopened and sealed packaging, and is accompanied by the original sales docket receipt or another form of proof of purchase.

POCO shall not accept a cancellation for change of mind by a customer, unless POCO chooses to do so at its absolute discretion.

If POCO does accept such cancellation, the customer must pay an amount to POCO which in POCO’s reasonable view reflects the loss that POCO will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). POCO shall set off this amount against any moneys already paid to us by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to POCO, the customer must pay such amounts to POCO within 7 days of POCO’s request to pay.

MADE TO ORDER STOCK

Notwithstanding any other provision of these terms and conditions, orders for products which are made to individual customer specifications, including custom made kitchens, furniture products, or custom fabric products, which have to be ordered specifically for a customer cannot be cancelled or returned if the customer decides the customer no longer wants the products.

HOW TO MAKE A CLAIM

To claim under the Warranty or a consumer guarantee, you must contact your store of purchase by ringing the store number on our website. You will be directed to either return the product for inspection, or we will arrange for the product to be assessed at your premises or ours. POCO reserves the right to charge an up-front call out fee prior to an inspection taking place, in which case such a fee will be refunded should POCO determine the customer has a valid claim. All reasonable transportation costs within Australia will be met by POCO where such costs are significant, and where POCO determines the customer has a valid claim. POCO will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you, which shall comprise the original sales docket receipt or another form of proof of purchase. We will do our best to resolve the issue in a timely manner.

GENERAL

Products are suitable for domestic use only unless otherwise specified. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.