About this Policy

This Shipping and Delivery Policy applies to products purchased directly from VILU through vilu.com.au, an accepted VILU quotation, email ordering or another authorised VILU sales channel.

VILU is operated by VILU LIVING PTY LTD.

Email: vilu@vilu.com.au
Website: vilu.com.au

This Policy forms part of the VILU Website and Sales Terms and Conditions.

Australian Consumer Law

Nothing in this Policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

Where VILU does not supply products within an agreed or reasonable time, or where products are damaged, faulty, incorrect or materially different from their description, the customer may have rights under the Australian Consumer Law.

Any recommended reporting timeframe in this Policy is intended to help VILU investigate a delivery issue promptly. It does not remove any statutory right that cannot lawfully be excluded.

Delivery availability

Delivery is available only to locations accepted by VILU or its nominated carrier.

Availability may depend on the delivery postcode, product dimensions, quantity, freight capacity, road access, carrier coverage and site conditions.

VILU may decline or revise a delivery arrangement where the location is remote, restricted, unsafe, inaccessible or unsuitable for the selected delivery service.

A website checkout option or preliminary freight estimate does not guarantee that a particular carrier or delivery service is available until VILU confirms the Order.

Delivery charges

Delivery charges are calculated using factors that may include:

• the delivery postcode and distance;
• the number, size and weight of the Products;
• whether the Products are assembled or packaged flat;
• the number of pallets, cartons or delivery vehicles required;
• commercial, residential, regional or remote delivery conditions;
• stairs, lifts, loading docks, time restrictions or special access;
• after-hours, weekend or timed delivery requirements; and
• any requested placement, assembly, installation or packaging-removal service.

A quoted delivery charge applies only to the delivery details supplied by the customer. Any change to the address, quantity, access conditions or required service may result in a revised charge.

Where a freight calculator produces an obvious error, VILU may correct the charge before accepting the Order.

Order processing and readiness

An Order will not be prepared, manufactured, allocated or dispatched until all required payments, approvals and information have been received.

For made-to-order, custom or project Products, production and delivery lead times commence only after VILU has received:

• the required deposit or payment;
• final written approval of colours, quantities and specifications;
• complete delivery and access information; and
• any other approval identified in the applicable Quotation.

The customer is responsible for reviewing all Order and delivery details before providing final approval.

Dispatch and delivery estimates

Production, dispatch and delivery dates are estimates unless VILU expressly confirms a guaranteed date in writing.

An estimated date is not an appointment and should not be relied on for the booking of trades, venue closures, events, installation teams or other dependent work.

The customer must not schedule contractors or commercial opening dates based solely on an estimated delivery date.

VILU will take reasonable steps to advise the customer of a material delay. Nothing in this section limits any right arising where Products are not supplied within an agreed or reasonable time.

Delivery methods

VILU may use its own delivery personnel, a furniture carrier, a pallet carrier, a courier, a freight broker or another third-party logistics provider.

The delivery method may vary according to the Product, destination, quantity and site requirements.

VILU may substitute one reasonable carrier or delivery method for another, provided the change does not materially reduce the service purchased by the customer.

Standard delivery service

Unless a Quotation or Order confirmation expressly states otherwise, standard delivery is limited to delivery to the safest reasonably accessible ground-floor point at the nominated address.

Depending on the carrier and location, that point may be:

• the kerbside or driveway boundary;
• a ground-floor external entrance;
• a loading dock;
• a reception or goods-receiving area; or
• another safe point selected by the driver.

Standard delivery does not include:

• carrying Products through a building or residence;
• delivery above or below ground level;
• stairs or lift delivery;
• unpacking or removing protective materials;
• assembly, installation or placement;
• moving existing furniture;
• removing old furniture or rubbish;
• fixing Products to floors, walls or other structures; or
• removing cartons, pallets or packaging.

Any service beyond standard delivery must be requested and accepted by VILU in writing before dispatch.

Customer access information

Before dispatch, the customer must provide complete and accurate information about the delivery site, including:

• the full address, unit number and business or venue name;
• the name and telephone number of the site contact;
• available delivery hours and restricted delivery periods;
• parking, loading-zone and loading-dock arrangements;
• height, width, weight or vehicle restrictions;
• stairs, lifts, corridors, gates and doorways;
• building-management procedures and booking requirements;
• security, induction or identification requirements;
• construction-site conditions or personal protective equipment requirements; and
• any road, driveway or property condition that may affect safe access.

VILU and its carrier may rely on the information supplied by the customer when quoting and arranging delivery.

Measuring access

The customer is solely responsible for confirming that every Product, carton and pallet can pass safely through all required access points.

The customer must measure, where relevant:

• doorways and gates;
• hallways and turns;
• stairwells and landings;
• lift doors and lift interiors;
• ceiling heights;
• loading areas; and
• the final placement area.

Product dimensions shown online may not include packaging dimensions. Customers must request packaged dimensions before dispatch where access is limited.

VILU is not responsible for a failed delivery caused by inadequate measurements or undisclosed access restrictions, except to the extent required by law.

Safe delivery conditions

The delivery area and route must be safe, clear, stable, adequately lit and free from hazards.

Children, pets, customers, contractors and members of the public must remain clear of the delivery route.

The customer must ensure that fragile surfaces, walls, floors, landscaping and nearby property are protected where necessary.

Drivers are not required to:

• enter an unsafe construction site;
• move through standing water, mud or unstable ground;
• use an unsuitable or unbooked lift;
• block traffic or breach parking restrictions;
• carry Products over balconies, fences or other structures;
• remove doors, windows, railings or fixtures; or
• perform any manual handling task considered unsafe.

The driver may refuse or stop delivery where conditions are unsafe, unlawful or materially different from the information provided.

Delivery booking

Where a delivery appointment is required, VILU or the carrier will contact the customer using the details provided with the Order.

The customer must respond promptly and provide any requested booking information.

A delivery booking is not confirmed until it has been accepted by VILU or the carrier.

Delivery windows are estimates. Traffic, weather, earlier deliveries, site delays and operational conditions may affect arrival time.

The customer must keep the nominated telephone available on the delivery day.

Attendance and authority

Unless VILU has approved an authority-to-leave arrangement in writing, a responsible adult or authorised representative must be present for the full delivery window.

The attending person must be authorised to:

• provide access to the site;
• inspect the packaging and Products;
• identify visible damage or shortages;
• sign delivery documents; and
• accept the Products on behalf of the customer.

A receptionist, building manager, employee, contractor or other person who accepts the delivery at the nominated address will be treated as authorised by the customer unless VILU was advised otherwise in writing before dispatch.

Authority to leave

Authority to leave is not available for every Product, carrier or location.

Where VILU agrees to authority to leave, the customer must nominate a specific, lawful, weather-protected and reasonably secure location.

The carrier may refuse to leave the Products if the nominated location is unsafe, insecure, exposed, inaccessible or unsuitable.

Once Products are delivered to the authorised location, the customer is responsible for loss, theft or damage occurring afterwards, except to the extent that the loss or damage was caused before delivery or liability cannot lawfully be excluded.

The customer remains responsible for inspecting the Products promptly after delivery.

Failed or aborted delivery

A delivery may be treated as failed or aborted where:

• no authorised person is present when attendance is required;
• the customer or site contact cannot be reached;
• the address or contact information is incorrect or incomplete;
• the site is closed or refuses entry;
• access is blocked, unsafe or materially different from the information provided;
• the Product does not fit through the available access route;
• required lift, dock, permit or building booking has not been arranged;
• the customer asks the driver to perform a service that was not purchased; or
• the driver cannot complete delivery without breaching safety or legal requirements.

The driver is not required to wait while access problems are resolved beyond any reasonable waiting period included in the delivery service.

Redelivery and additional charges

Where a delivery fails for a reason within the customer’s control, the customer must pay the reasonable costs of:

• the failed delivery attempt;
• return freight to the carrier depot or VILU location;
• storage and handling;
• redelivery;
• additional labour or waiting time; and
• any special equipment or service required for the new attempt.

VILU may require payment of all additional charges before arranging redelivery.

A revised delivery date will be subject to carrier availability and is not guaranteed to match the original delivery schedule.

Delayed acceptance and storage

Once VILU notifies the customer that an Order is ready for dispatch, delivery or collection, the customer must accept delivery or collect the Order within five Business Days unless another period is agreed in writing.

If the customer cannot accept the Order within that period, VILU may charge reasonable storage, handling, administration and insurance costs from the sixth Business Day, provided the customer is informed of the applicable charges.

Storage does not guarantee immediate redelivery. A new delivery booking will depend on carrier and warehouse availability.

Where an Order remains uncollected or undeliverable, VILU may issue a final written notice requiring collection or delivery arrangements within a further 14 days.

If the customer does not comply with the final notice, VILU may exercise any rights available under the contract and applicable law, including cancellation and recovery of reasonable costs already incurred.

Regional, remote and restricted locations

Delivery to regional, remote, island, rural or restricted-access locations may require a separate quotation.

Some carriers may deliver only to a freight depot, town centre, kerbside location or commercial receiving point.

The customer may be required to collect from the nearest available depot or arrange final-mile transport at the customer’s cost.

Additional transit time, transfer handling and surcharges may apply.

VILU may decline delivery where no suitable or commercially reasonable freight service is available.

Split and multiple deliveries

VILU may dispatch an Order in more than one consignment where Products are stored in different locations, become available at different times or require different carriers.

The customer must inspect and account for each consignment separately.

A partial delivery does not necessarily mean that an item is missing. The customer should review all tracking and delivery information before reporting a shortage.

VILU will advise the customer where a material additional delivery charge applies to a customer-requested split delivery.

Third-party carriers

Where VILU arranges delivery through a third-party carrier, the carrier may impose reasonable operational requirements concerning booking, access, unloading, identification and proof of delivery.

The customer must cooperate with those requirements where they are consistent with the purchased delivery service.

VILU remains responsible for its obligations as seller to the extent required by applicable law.

Customer-appointed carriers

Where the customer appoints or arranges its own carrier, freight forwarder or collection agent:

• the customer must provide written collection authority;
• the carrier must comply with VILU warehouse procedures and collection hours;
• the customer is responsible for selecting a suitable carrier and transport method;
• the customer is responsible for all freight, insurance and carrier charges; and
• risk passes when the Products are collected by the customer’s carrier, subject to any right or responsibility that cannot lawfully be excluded.

The customer must pursue any loss or damage occurring after collection directly with its carrier, except where the issue was caused by VILU or responsibility cannot lawfully be excluded.

Changes to delivery details

A request to change a delivery address, contact, date, service level or access arrangement must be made in writing before dispatch.

VILU is not required to approve a change after the Order has been booked, loaded or dispatched.

An approved change may result in additional freight, handling, redirection, storage or administration charges.

Changing a delivery address may also change the applicable delivery date and carrier.

Inspection at delivery

The customer or authorised representative must inspect the number of cartons, pallets and visible external condition of the Products before signing the delivery record where reasonably possible.

Any visible damage, shortage or discrepancy should be clearly written on the proof of delivery before signature.

Signing a delivery document without notation does not remove rights concerning damage that could not reasonably have been identified at delivery.

The customer must not sign a document stating that Products are in good condition where visible damage is present.

Visible transit damage

Where packaging or a Product is visibly damaged at delivery, the customer should:

• record the damage on the delivery document;
• take clear photographs or video before moving or unpacking the Product;
• photograph all sides of the packaging, labels and pallet;
• retain all packaging and protective materials;
• avoid assembly, installation or use; and
• contact VILU promptly at vilu@vilu.com.au.

VILU recommends reporting visible transit damage within 48 hours after delivery to support a prompt carrier investigation. This recommended period does not limit any rights under the Australian Consumer Law.

Concealed damage

Products must be unpacked and inspected as soon as reasonably practicable after delivery.

Where damage was concealed by packaging, the customer should contact VILU promptly and provide photographs of:

• the complete Product;
• the damaged area;
• the external and internal packaging;
• the shipping labels; and
• the manner in which the Product was packed.

VILU recommends reporting concealed transit damage within three Business Days after delivery so that evidence can be preserved and the carrier can be notified promptly.

The recommended period does not remove any statutory right that cannot lawfully be excluded.

Incorrect Products and shortages

The customer should compare the delivery with the Order confirmation or invoice as soon as reasonably practicable.

A claim concerning an incorrect Product or shortage should include:

• the Order or invoice number;
• the Product and quantity expected;
• the Product and quantity received;
• photographs of all delivered cartons or pallets;
• photographs of labels and product codes; and
• a copy or photograph of the delivery record.

The customer must retain any incorrectly delivered Product in unused condition and must not sell, install, alter or dispose of it.

Where VILU confirms a supply error, VILU will arrange the appropriate correction.

Packaging and evidence

The customer must retain cartons, pallets, foam, wrapping, labels and other packaging while a delivery-damage or shortage claim is being assessed.

Packaging must not be discarded until VILU confirms in writing that it is no longer required.

Disposing of relevant evidence may prevent VILU or the carrier from determining how damage occurred. This does not remove any legal right, but it may affect the evidence available to assess the claim.

Assembly, installation and placement

Assembly, installation, placement and packaging removal are included only where expressly stated in the Order or Quotation.

Where those services are not included, the customer is responsible for:

• moving Products from the delivery point;
• unpacking Products safely;
• following all assembly instructions;
• using suitably competent personnel;
• checking and tightening all fixings;
• protecting floors and surrounding property; and
• disposing of packaging lawfully.

The customer must not assemble, install or use a Product that appears damaged, unstable, incomplete or incorrect. VILU must be contacted first.

Damage after delivery

Subject to applicable law, VILU is not responsible for loss or damage occurring after delivery as a result of:

• the customer moving, unpacking or storing the Products;
• incorrect lifting or handling;
• dragging Products across floors;
• stacking Products incorrectly;
• exposure to rain, salt, chlorine, construction dust or other contaminants;
• incorrect assembly or installation;
• use before an identified issue is reported; or
• acts or omissions of the customer’s contractors, staff or agents.

Customers should follow all VILU care, handling and storage instructions immediately after delivery.

Risk and title

Where VILU arranges delivery, risk passes to the customer when the Products are delivered to the nominated location or authorised delivery point.

Where the customer collects the Products or appoints a carrier, risk passes when the Products are released to the customer or its authorised carrier.

Legal title remains with VILU until all amounts payable for the relevant Order have been received in full.

Nothing in this section limits liability for damage occurring before risk passes or any responsibility that cannot lawfully be excluded.

Commercial, hospitality and project deliveries

Commercial, hospitality, construction and project customers must appoint a competent site representative to coordinate delivery.

Before dispatch, the customer must confirm:

• the receiving hours and site contact;
• loading dock, crane, forklift or pallet-jack requirements;
• site inductions, permits and safety procedures;
• the location where each consignment will be received;
• whether Products may remain packaged at the site;
• whether the site is complete, secure and weather-protected; and
• whether the customer requires staged, split or after-hours delivery.

VILU delivery personnel are not site labourers and will not distribute furniture through a venue, floor, room or outdoor area unless that service is expressly included.

The customer is responsible for adequate staff and equipment to receive, move, store and protect the Products after delivery.

Venue closure, delayed opening, contractor standby, lost trading or project-delay costs are not recoverable from VILU to the extent permitted by law, particularly where the customer relied on an estimated rather than guaranteed date.

Delay outside reasonable control

Delivery may be delayed by circumstances outside VILU’s reasonable control, including severe weather, fire, flood, road closure, industrial action, port congestion, customs processing, shipping interruption, carrier failure, government action, public-health restrictions, supplier disruption or force majeure.

VILU will take reasonable steps to minimise the effect of a material delay and communicate revised information where available.

This section does not exclude any right the customer may have where Products are not supplied within an agreed or reasonable time.

Cancellation after dispatch

An Order cannot be cancelled after dispatch without VILU’s written approval.

Where VILU approves a voluntary cancellation after dispatch, the customer may be responsible for reasonable outward freight, return freight, handling, storage and restocking costs.

No cancellation or freight charge will be applied where doing so would conflict with a remedy required under the Australian Consumer Law.

Customer collection

Collection is available only where VILU has confirmed a collection location and appointment.

The customer or collection agent must provide the Order confirmation, valid identification and any written authority requested by VILU.

The customer must provide a suitable vehicle, weather protection, restraints, padding and sufficient personnel for safe loading and transport.

VILU may refuse or postpone loading where the vehicle, equipment, weather protection or collection method is unsafe or unsuitable.

VILU is not responsible for damage caused by the customer’s loading method, restraints, vehicle, transport or unloading after collection, except to the extent required by law.

Contact VILU

Questions about delivery, access, a freight quotation or a delivery issue should be directed to:

VILU
Operated by VILU LIVING PTY LTD

Email: vilu@vilu.com.au
Website: vilu.com.au

Please include the relevant Order, quotation or invoice number in all correspondence.