Terms & Conditions

1. INTRODUCTION / AGREEMENT 

1.1. The Terms and Conditions below (Terms) apply to Retail purchases of Products via our Website or Showrooms, except for Product sales in the Commercial or Wholesale channel.
1.2. In these Terms:
(a) “we”, “us”, “MCM House”, or any similar expression refer to Charles Bruce Pty Ltd trading as MCM House Pty Ltd (ABN 83 167 988 187) (MCM House); and
(b) “you”, “Customer”, or any similar expression refer to the person named on the Order purchasing a Product from us other than via the Commercial or Wholesale channels.
1.3. The version of the Terms that will apply to your Order is the version which is available on our Website at the time we accept your Order. 
1.4. MCM House and the Customer acknowledge and agree that these Terms take precedence over all other conditions or representations whether documented, discussed, or implied.
1.5. By proceeding with your Order, you acknowledge that you have agreed to these Terms. Once an Order is accepted, a Contract is formed between the Customer and MCM House.
1.6. Defined expressions used in these Terms are set out in section 17. 

2. PLACING AN ORDER
2.1. You must be at least 18 years of age to order and purchase Products from our Website. Customers under the age of 18 may only purchase Products from our Showroom, provided that Full Payment is made and Products are collected at the time of purchase.
2.2. MCM House reserves the right, acting reasonably, to accept or reject in its absolute discretion any Order, or part of an Order, which it may receive from you.
2.3 When placing an Order and paying either the Full Payment or Deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.
2.4 While MCM House endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.
2.5. It is the Customer's responsibility to ensure that the Customer's information included in the Order (including the Customer's name, contact number, email address and delivery address if applicable) is correct and to notify MCM House of any changes to such information.
2.6. If the Order is comprised of multiple items, MCM House will endeavour to deliver the Products together, but may deliver the Products under that Order by separate instalments.
2.7. Representations made by us via our Website, in a Showroom or otherwise do not constitute an offer to sell but an invitation to treat.
2.8. When you order Products through our Website the following additional terms apply to your Order:
2.8.1. Images of Products displayed on our Website are as accurate as  possible. Whilst all efforts are made for accurate representation, you acknowledge and accept that there may be some variation from what is displayed on your monitor. Therefore, we recommend that you view a physical sample of the relevant Product prior to placing your Order.
2.8.2. When you place an Order, we will send you a confirmation email with the details of your Order. That email is not an acceptance of your Order. Orders are deemed to be accepted 48 hours after the confirmation email is sent.
2.8.3. We will notify you as soon as possible about the availability of the Products you have ordered. If we advise you that the Products you have ordered are no longer available, your Order may be declined.
2.8.4. If some or all the Products you have ordered are temporarily out of stock, we will place those Products on back order and supply them when stock becomes available.
2.8.5. Notwithstanding any other clause in these Terms, for Products you order on our Website, you must make Full Payment at the time you place your Order.
2.9. When you order Products that are Floor Stock, marked as Clearance or Sale items or sold through our clearance showroom The Shed, the following additional terms apply to your Order:
2.9.1. You acknowledge that you have been given the opportunity to inspect the Products prior to purchase and in electing to purchase the Products you accept any defect, damage, flaw or otherwise substandard quality.
2.9.2. Products are not covered by MCM House’s warranty, which is expressly excluded. Statutory Consumer Guarantees are not excluded.

4. PAYMENT
4.1. All payments must be made in Australian currency.
4.2. At the time that you place your Order and pay the Deposit, we will issue you a Sales Order. The Sales Order becomes a proof of purchase after we receive your Full Payment.
4.3. Except as otherwise stipulated in respect of a promotion, or as otherwise agreed between MCM House and the Customer, the Customer must pay the Price in the following instalments:
4.3.1. For Orders where the Products are in stock at the time of purchase  Full Payment of the Order is required;
4.3.2. For Orders via our Website where the Products are not in stock at the time of purchase, Full Payment of the Order is required;
4.3.3. For Orders via our Showroom where the Products are not in stock at the time of purchase, a Deposit;
4.3.4. For Orders where a Product is marked as part of a Sale requiring full payment, Full Payment of the Order is required; and
4.3.5. In the case of an Order that has a Deposit, the Balance of the Order value must be paid within 5 Business days from the first request to do so by MCM House (Balance Payment Date). 
4.4. The Customer acknowledges and agrees that they must pay the Price in full by the Balance Payment Date. Unless otherwise agreed in writing between the parties, MCM House may withhold collection or delivery of the Products until the Customer has paid the Price in full.
4.5. If the Customer has not paid the Balance of the Price by the Balance Payment Date and does not rectify this failure within 10 Business Days after receiving notice of the failure from MCM House, MCM House may cancel the Order and the Customer shall forfeit the Deposit.
4.6. Payment is only deemed to have taken place when cleared funds are received into MCM house’s bank account.
4.7. No Delivery or Pickup can be arranged until Full Payment has been received by MCM House.
4.8. If the Customer makes the Deposit payment through the SimplyPaid payment portal, you may be subject to additional terms and conditions directly with respect to the SimplyPaid service (to which MCM House is not a party), and you may be able to preauthorise MCM House to take the final Balance payment of their Order once the Products are available for delivery. By agreeing to this preauthorisation, the Customer agrees that MCM House can automatically process the Balance payment for their Order against the credit card with the preauthorisation.    

5. GIFT CARDS & STORE CREDITS
5.1. The Terms and conditions set out in this clause apply where a Customer purchases or makes payment using a MCM House gift card (Gift Card) or store credit.
5.2. A Customer purchasing a Gift Card must nominate the amount that it wants to put on the Gift Card (which must be a minimum of $50.00) and pay that amount by any means other than by another Gift Card.
5.3. MCM House will also collect personal information about you or the recipient of the Gift Card which will be linked to the unique reference number of the card. The information we collect will include the cardholder’s name, email, address and contact number. Please refer to our Privacy Policy in relation to how we collect, use, handle and disclose your personal information Privacy Policy – MCM House.
5.4. Gift Cards are the sole responsibility of the purchaser and recipient. MCM House is not responsible or liable for lost, stolen or damaged cards or unauthorised use.
5.5. Gift Cards and Store Credits may be used to purchase Products at any MCM House store in Australia. At this time Gift Cards and Store Credits cannot be used to purchase Products on the Website.
5.6. Cancellation and expiry of Gift Cards and Store Credits
5.6.1. Unless otherwise indicated, Gift Cards and store credits are valid for thirty six (36) months after their date of purchase.
5.6.2. Any balance remaining on a Gift Card or store credit after its expiry will be forfeited and will automatically become the property of MCM House.

6. DELIVERY OR COLLECTION
6.1. You acknowledge and agree that Products may not be available for immediate delivery.
6.2. At the time of placing your Order, you may nominate to have the Products delivered to you or collected by you.
6.3. If you nominate collection from our warehouse an administration fee of $95 will be charged and included in your Order total.
6.4. If you nominate delivery, you will need to select and pay the delivery service that you require which will form part of your Order. Further details on delivery options are available here Delivery / Returns – MCM House.
6.5. MCM House will contact the Customer when the Products are ready for delivery or collection, to book in a date for collection or delivery (Dispatch Date).
6.6. At the time of selecting delivery, you acknowledge and agree:
6.6.1. The Lead Time at Order Date is an estimate only;
6.6.2. At the time of processing your Order, you can nominate a date that you do not require delivery before (Not Required Before Date);
6.6.3. Once your Products are available for delivery and the Lead Time at Order Date has been reached or the Not Required Before Date has been reached, in the case where this has been selected, then you must agree a Dispatch Date that can be no longer than 25 days from the time MCM House or one of its agents contacts you to agree the Dispatch Date; and
6.6.4. If you fail to collect or take delivery of Products within 25 days from the date of contact by our Logistics Department, we will treat this as a request by you to cancel the Order and you will forfeit your Deposit.
6.7. In relation to your Order the Customer must:
6.7.1. ensure that the correct delivery address is provided in the Order;
6.7.2. inform MCM House of any issues, difficulties or specific requirements associated with the delivery of Products at time of purchase;
6.7.3. ensure that the Products Ordered are capable of effective and safe delivery, including that the Products will fit through access areas such as doorways, elevators and stairs;
6.7.4. ensure safe access for the delivery of Products, including by ensuring that the delivery location does not require MCM Houses’ delivery personnel to navigate hazardous terrain or active construction sites, or deliver Products via fire stairs, inclinators or balcony lifts;
6.7.5. provide adequate parking and facilities for unloading the Products at the place you specify. Delivery and installation fees are based on reasonable access being provided at the delivery address; and
6.7.6. have a person at the delivery address on the agreed delivery date to acknowledge receipt the Products.
6.8. We reserve the right to recover any fair and reasonable costs associated with the Customer failing to perform any actions under clause 6.7.  This may include but is not limited to redelivery fees, equipment hire, additional labour fees and waiting fees if our delivery agents are required to wait at the delivery address.
6.9. If any Product is unable to be delivered due to the Customer failing to perform any actions under clause 6.7, and a cancellation is therefore required, this will be treated as a change of mind and be subject to clause 8.3.
6.10. Once your Order is confirmed you acknowledge that any request to make changes to the delivery address or delivery type may be agreed at MCM Houses absolute discretion. If MCM House agrees to any change in the delivery, you acknowledge that you will pay any additional costs subject to clause 4.
6.11. Delivery dates and times provided to you are estimates only. We are not liable for any loss, damage or delay arising from late delivery, non-delivery or late installation of the Products. The failure of MCM House to deliver or arrange for collection of the Products by the Dispatch Date does not entitle either party to treat an Order or the Contract as repudiated.
6.12. It is agreed that someone will be at the delivery address to receive delivery of your Products on the Dispatch Date.
6.13. It is your responsibility to inspect the condition of the Products at the location where we deliver (this can either be you personally, or a representative on your behalf) and advise in writing of any deficiencies or errors before acknowledging receipt. 
6.14. Liability for the Products becomes yours when the delivery occurs. If we accidentally damage Products during delivery, then our liability for that damage is limited to our choice of the repair, refund or replacement of the Products.
6.15. Unless we otherwise agree in writing, we may, at our option, deliver the Products to you in any number of instalments.
6.16. For clarity, if we deliver any of the Products by instalments and any one of those instalments is defective for any reason:
6.16.1. it is not a repudiation of the Contract; and
6.16.2. the defective instalment is a severable breach that gives rise only to a claim for compensation.
6.17. The Customer will be advised, at least 24 hours before the Dispatch Date, of the four-hour window (during business hours) on the Dispatch Date in which the Products will be delivered.
6.18. The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, and road closures) may impact MCM Houses’ ability to deliver by the Dispatch Date, and that in such cases delivery may need to be rescheduled.
6.19. The disposal of packing and wrapping materials are the responsibility of the Customer unless the Customer elects to have this removal included as part of their delivery service at the time of the Order.
6.20. Warehouse Collection
6.20.1. If you choose to collect Products from our warehouse, you must contact our Logistics Department at least 48 hours prior to your intended pick-up time to make an appointment. Contact details can be found on your Sales Order. 
6.20.2. Collection of Products must be made by appointment only, and on the designated Dispatch Date as confirmed by MCM House.
6.20.3. In accordance with Workplace Health and Safety regulations, MCM House staff or agents are not permitted to lift, carry, or load furniture outside the warehouse premises. Please ensure you have adequate assistance to load and secure the items into your vehicle. 
6.20.4. MCM House is not liable for any damage that may occur to the Products during loading, transit, or unloading once the Products have left our premises. It is your responsibility to inspect and secure the Products appropriately at the time of collection. 
6.20.5. Customers collecting Products must complete the Warehouse Collection & Release Form (Form D3) on-site prior to collection. This document confirms acceptance of responsibility for the Products once released from MCM House's custody.