Terms and conditions

UPDATED SEPTEMBER 2023

EMAIL SUBSCRIBERS OFFER 

Place a forward order purchase through the Molteni&C Melbourne Flagship Sotre or Sydney Boutique and receive a $500 Voucher redeemable at either Molteni&C or The Front Room. Valid purchases include full priced loose furniture, wardrobes, kitchens and wall or living units. Offer excludes purchases of accessories. Offer valid from 25/09/2023 until 23/12/2023. Offer available to email subscribers of The Management Company, Hub Furniture, The Front Room or Belle Magazine, email address used for purchase must match subscribed email address.

The voucher will be redeemable on full-priced items only, and must be used within six months of issue. THe voucher is not transferable or redeemable for cash. Remaining balances on vouchers after a transaction will not be given as change but will be re-issued as store credit with the original voucher expiry date.

Molteni&C is operated by The Management Company Pty Ltd.

TERMS AND CONDITIONS  

Before making your purchase with The Management Company Pty Ltd trading as Molteni&C Australia, we kindly invite you to acquaint yourself with our trading terms. Your satisfaction is our utmost priority, and understanding our terms will enhance your experience with us.  

Should you ever find yourself with queries or in need of clarification of our Terms and Conditions, our dedicated team of sales consultants is at your service. We are here to ensure your experience with Molteni&C remains nothing short of extraordinary. 

 

1. Introduction 

1.1 These terms and conditions (the “Agreement”) govern the use of services and products (the “Services”) provided by The Management Company Pty Ltd trading as Molteni&C in Australia (hereinafter referred to as “Molteni&C,” “we,” “us,” or “our”).  

1.2 By using our Services, you agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our Services.  

 1.3 The Management Company Pty Ltd ABN 89 655 235 528 (trading as “The Management Company”) and all its related bodies such as Molteni&C Australia, (“us”, “our”, “we”, “TMC”), carries on business from the website.  

1.4 The goods and services described in our website are available from The Management Company or Molteni&C only.  

1.5 In these terms:  

(a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website or engages in services or purchases products from us.  

(b) reference to a “third party” in these terms includes a reference to any agent or contractor of The Management Company or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders, and includes any of them;  

(c) a reference to the “website” means www.themanagement.company  

(d) “Order” means goods or services engaged by you in response to a quotation made by The Management Company, with a deposit of at least 70% paid in return for goods or services offered by The Management Company acting and trading as Molteni&C in Australia.  

  2. User Agreement Website Use

  2.1 By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.  

2.2 These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing an Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.  

 3. Use of Website 

3.1 By accessing and browsing this website, you agree to use it for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations. Your use of this website acknowledges your acceptance of these terms. 

4. Orders and Payment

4.1 When placing an order for products from The Management Company, you agree to provide accurate and complete information. 

4.2 Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or found the same or similar item cheaper elsewhere. We recommend that you review any proposed specifications, finishes and details of the products before proceeding with your Order. 

4.3 Quotes are valid for 7 days from date of issue and are based on quantities and specified finishes as outlined in the Sales Quote or Sales Order. Changes may affect pricing and should be requoted. 

4.4 Prices are excluding GST unless otherwise specified. 

4.5 We require a deposit equal to 70% of the total value of the products ordered before we can begin arrangements for the manufacture or supply of the products to you. The balance of the full amount is due and payable prior to delivery. 

4.6 For all orders less than $2500, including GST, a 100% payment is required. 

4.7 Your order will be accepted upon receipt of 70% deposit. The payment of your deposit amount represents acceptance of The Management Company Terms and Conditions.  

4.8 No cancellation of your order is valid unless you receive written confirmation from us endorsing the cancelled order. In the event the order is cancelled the deposit is NON REFUNDABLE. A store credit less a 20% cancellation fee applies only if the specific goods ordered are not yet in production.  

4.9 Where a client has chosen Customers Own Material [COM] or Customers Own Leather [COL], payment in full is required to process the order. 

4.10 Payment in full is required for stock orders where goods are currently in Australia. Where goods are allocated from incoming The Management Company stock orders a 70% deposit is required with the balance payable prior to delivery.  

 4.11 The Management Company accepts payment by cash, direct transfer, cheque or select credit cards including VISA, Mastercard and AMEX. 

 4.12 Purchases processed via credit card including AMEX, regardless of transaction value, including GST, do not incur any additional fees.  

4.13 You acknowledge that: 

4.13a  the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by The Management Company for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems; 

4.13b  to the extent permitted by law, The Management Company is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction, or any failure to receive an electronic instruction for whatever reason; 

4.13c  The Management Company may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and 

4.13d  may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. 

4.14 The Management Company may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of the products, or an error in your Order. 

5. Retention of Title

5.1  Title to the goods shall not pass from The Management Company to the purchaser until such time as The Management Company has received payment in full of the price for the goods in cleared funds and there are no other moneys owing by the purchaser to The Management Company in respect of the goods. 

6. Delivery and Returns

6.1 Delivery times will be arranged with you once the final payment is received for the completed order. The delivery charge covers a single delivery at ground level, easy access during normal weekday delivery hours. We do ask that someone is onsite to check and sign for all furniture deliveries. Our team will be in touch to book a delivery window and can confirm half an hour prior to arrival. 

6.2 If you are not ready to accept delivery within 7 days of receiving notification of completion, storage can be arranged [see Storage, below] but payment in full is required. 

6.3 Delivery within Australia 

6.3a  Unless specifically noted, delivery and installation within Australia is not included. 

6.3b  A quotation for delivery and/or installation can be provided on request. 

6.3c  Delivery includes unpacking and rubbish removal and assembly, unless otherwise noted. 

6.3d  Access limitations must be advised at the time of placing the order as deliveries that cannot take place due to access limitations are the responsibility of the purchaser. 

6.3e  It is the responsibility of the purchaser to ensure that there is adequate access and entry to their premises to facilitate delivery of the goods. Any additional costs in relation to access into your premises eg crane, product modification are your responsibility. We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the goods delivered on the same condition as set out herein. 

6.3f  In the event that goods cannot be delivered due to access limitations, a suitable time for re-delivery will need to be arranged. In addition to the delivery charge associated with the unsuccessful delivery, a return to warehouse delivery charge and re-delivery charge will be payable, each equal to the value of the original delivery charge. In the event that the original delivery either was included in the cost of the goods, or was waived, the return and re-delivery charges will be calculated and invoiced. 

6.3g  If delivery is not possible at all due to access limitations [including if a goods lift is too small or stair access is too tight], the goods will be taken back to storage and a return to warehouse delivery charge and storage fees will apply until the client advises The Management Company of their intentions in relation to the goods. 

6.3h  Unless requested, delivery will be quoted assuming ground floor site location or sites accessible via a suitable goods lift. Where required it is the responsibility of the purchaser to ensure that goods lifts are ready to take delivery at the agreed delivery time. 

6.3i  First floor deliveries are not included in any delivery quotes unless specified. Further charges may apply but may be waived [at The Management Company’s discretion] if the safe delivery of the goods is possible without delays of greater than 10 minutes. A judgment regarding the waiving of additional fees will be made on a case by case basis and The Management Company’s decision will be final. 

6.3j  In the case of delivery quotes for electrical items such as light fittings or electrical components within furniture pieces, installation is not included. 

6.4 Delivery to Overseas Destinations 

6.4a  Quotations for delivery to overseas destinations are available on request. 

6.4b  Where overseas delivery is required, the price for delivery does not include unpacking, rubbish removal, assembly or installation, which is the responsibility of the purchaser. 

6.4c  Where furniture includes a lighting component and electrical works may be required, The Management Company takes no responsibility should any additional electrical work be required. The fittings are supplied as is and no claim for faulty globes or transformers will be entered into. 

6.4d  Where lighting is being supplied, even where transformer and globe information is stated, it is intended for reference purposes only and all pricing assumes that the fittings are to be supplied without globes or transformers. Any globes or transformers that are included are included at no charge, therefore, no claim for faulty globes or transformers will be entered into. 

6.4e  Whilst we do our best to investigate all government and other taxes and charges associated with deliveries to countries other than Australia, and whilst we seek to advise purchasers of such costs at the time of arranging delivery, any taxes or charges that are incurred by The Management Company as a result of overseas deliveries that are not allowed for in the original and agreed delivery charge will be on-charged to the purchaser at the time they are incurred, including any significant increases in delivery costs due to matters outside of The Management Company’s control, such as changes to laws between the time of accepting the order and the time of delivery. 

6.4f  In the case where additional costs are claimed by The Management Company, an explanation will be provided, and the amount will be invoiced to the purchaser directly. Proof of the additional cost or charge can be requested, and The Management Company will do its best to provide adequate documentation, but no discussions will be entered into. Any percentage mark-up that was applied by The Management Company to the original delivery charge will be applied to any additional costs incurred. 

6.5 The purchaser is required to inspect of the goods at the point of delivery. You will be required to note any damage on the delivery documentation which is presented to you by the delivery carrier for signature.  In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. We will not be liable for any damage to any of the products unless we are notified within the time period specified above. 

6.6  Unless goods are damaged or faulty, and we are duly notified as outlined above, we are unable to provide a refund or exchange simply because you changed your mind or the product was not what you expected. In case of damaged goods, please see our Warranty document for an outline of our warranty policy. This document is available in store or available upon request.  

7. Design Services

7.1 We offer a Design Service and if you choose to use our Design Service, we will provide you with the relevant Terms and Conditions at the time of your engagement. 

8. Installation of Joinery Items

 8.1 For joinery items such as kitchens, wardrobes or furniture items that require installation, the purchaser acknowledges and agrees to refer to our specific ‘Installation Terms and Conditions’ for detailed information regarding their responsibilities including any necessary structural requirements and site preparedness, installation process, and related matters. 

9. Bank Guarantees

 9. 1 The Management Company will not incur any costs or charges associated with the setup and maintenance of bank guarantees.

10. Receipt of Goods

10.1 At the time of receiving your goods, you will be required to sign a Proof of Delivery (POD) confirming your goods have been received and you are satisfied they are either in perfect condition or in the case of receipt of ex display or sale items, in the condition in which they were purchased. 

10.2 All goods are inspected by The Management Company and/or our carrier prior to delivery, therefore any issues in relation to the condition of an item must be raised at the time of delivery, as claims will not be accepted once goods are received. 

11. Storage

11.1 In the event that a client is either not ready to accept receipt of goods, or delays receipt of the goods by more than 14 days, The Management Company will arrange storage that will be charged at $30 (excl GST) per cubic meter or part thereof, per week. 

11.2 Payment in full is required for all goods to be stored. 

11.3 Storage fees will need to be settled quarterly or prior to delivery depending on which comes first. 

12. Lead Times

12.1 All quoted lead times are accurate at the time of the sale, but we cannot guarantee the lead times for reasons that are out of our control. These may include and are not limited to the impacts of coronavirus, supplier delays, freight, lockdowns, industrial action. 

12.2 Unless noted otherwise, lead times are generally anticipated to be 18 – 22 weeks from the date that the deposit is cleared in The Management Company’s bank account. 

12.3 Lead times that are, either noted in writing or are provided in any other way by The Management Company will be subject to the lead time exceptions outlined below. 

12.4 All lead times are as accurate as possible and whilst we endeavour to meet anticipated lead times, The Management Company will not be responsible for extensions to lead times which, for various reasons, may occur. 

12.5 The Management Company’s international shipping transit times may become impacted for a range of reasons that are outside of our control. We continue to work to the best of our ability in calculating the quickest routes for our goods being shipped from overseas. There are and continue to be occasions where we receive advice that our bookings are offloaded due to a variety of reasons including but not limited to vessel instability issues, port omissions, container shortages and vessels being overbooked. The Management Company is working proactively to find the best solution with our freight forwarding agents to re-schedule our goods deliveries when these issues arise. We will contact you regarding any changes to your anticipated delivery, should your goods fall into this category of delay. 

13. Lead Time Exceptions 

13.1 All quoted lead times are accurate at the time of the sale, but we cannot guarantee the lead times for reasons that are out of our control. These may include and are not limited to the impacts of coronavirus, supplier delays, freight, lockdowns, industrial action. 

13.2 For all suppliers, in addition to any stated lead times, please allow an additional 1-2 weeks where public holiday periods including Easter and Christmas fall within the standard lead time. 

13.3 In addition to any stated lead time, please allow an additional 4 weeks for orders placed between 1 June and 31 August, due to the European summer holiday closure period which affects the ability for Molteni&C to place new orders into production during this time. 

14. Tolerances

14.1 All samples seen are considered indicative and small variations in colour, shade or grain may occur in different production lots. The client accepts these variations by making the order. 

 14.2 Colour changes in all materials, be it wood, lacquer, glass, fabric or leather may occur over time and so in cases of completed works, or replacements, any difference in tone that may occur shall not be grounds for consideration or return of the product. 

15. Intellectual Property

15.1 All content provided by Molteni&C, including but not limited to text, images, logos, and trademarks, is protected by intellectual property rights. You may not use, reproduce, or distribute such content without prior written consent from Molteni Group S.P.a.  

16. Privacy

16.1 We collect and process your personal information in accordance with our Privacy Policy, which can be found on our website.  

16.2 Your address and contact details may be used by us and Molteni&C and any of its related entities to provide marketing information to you about products and events. Please refer to our privacy statement for more information. 

17. Liability

17.1 Molteni&C and The Management Company shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of our Services or products or use of this website.  

17.2 The Management Company will not be responsible for ensuring that the products are suitable for a particular purpose. Further we will not accept responsibility for the suitability or strength of fabrics supplied on a customers’ own material (COM) or customers’ own leather (COL) basis which is not supplied by Molteni&C or The Management Company. 

17.3 This website may contain links to third party websites. The Management Company is not responsible for the content or actions of these third-party websites.   

18. Systems with Light Fittings – Installation, Repair, Transformers and Globes

18.1 All systems requiring light fittings or electrical connection are sold excluding installation. 

18.2 The Management Company takes no responsibility for the suitability of the fitting or the impact that the fitting may have on existing or proposed circuitry or systems [such as CBUS systems].  

18.3 It is incumbent on the purchaser to seek professional advice from a qualified electrician regarding the suitability and/or impact that the fitting may have. 

18.4 All lighting prices exclude globes and transformers. Any globes or transformers that are supplied are included at no charge and no claim for faulty globes or transformers will be entered into. 

18.5 Where a fitting is installed in a difficult access location [such as where scaffolding is required for access] and the fitting is found to be faulty or requires a replacement part [excluding light globes], and where the item is still under warranty, The Management Company will cover the cost of replacing the part and the part itself, but not the cost of accessing the fitting. 

18.6 Should The Management Company access the fitting and find the fault was a result of incorrect workmanship, the cost of parts and labour will be invoiced to the Purchaser or Client 

19. Warranties & Guarantees 

 19.1 Available on request, we advise prior to purchasing that you familiarise and understand the Warranty or Guarantee Terms associated with goods purchased through The Management Company.  

20. Customers Own Material [COM] or Customers Own Leather [COL] 

 20.1 On some items The Management Company is able to accept COM or COL for upholstery. In such cases the purchaser must supply three (3) sample pieces of the COM or COL, each piece must measure no less than 100mm x 100mm (or larger where a repeat pattern exists). One piece will be forwarded to the client, one will be kept on The Management Company’s job file and one will be forwarded to the supplier. The cost of forwarding to the supplier will be charged to the client even if the fabric is considered not suitable by the supplier. We are unable to provide any guarantee that the supplier will accept the COM or COL as suitable. We will notify you in writing of the supplier’s decision.  

 20.2 Whilst we and our suppliers do our best to advise on the suitability of COM and COL based on our experience and knowledge of the piece being upholstered, we take no responsibility for the suitability of COM or COL, even where a sample has been ‘approved in principle’ by the supplier as suitable for use. Full responsibility for the result of COM or COL upholstery remains with the purchaser. The COM or COL upholstery is excluded from our warranty.  

 The Management Company applies a 20% handling charge to the cost of COM or COL [including freight where it is not included in the COM or COL cost]. 

 20.3 Where a client has chosen COM or COL, a 100% payment is required to process the order. 

 20.4 The lead times noted above [Lead Times} will be extended if the client has chosen COM or COL.  

21. Governing Law

21.1 This Agreement is governed by the laws of Australia. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Australia. 

22. Changes to Terms and Conditions

22.1 The Management Company reserves the right to modify these terms and conditions at any time. Updated terms will be posted on our website, and it is your responsibility to review them periodically. 

 22.2 The Terms and Conditions were last updated on 14 September 2023.  

23. Contact Information

 23.1 If you have any questions or concerns regarding these terms and conditions, please contact us using the below details: 

 

THE MANAGEMENT COMPANY PTY LTD
ABN 89 655 235 528
INDUSTRY LANES
459 CHURCH STREET, RICHMOND VIC 3121
+61 (0)3 9967 1222
HELLO@THEMANAGEMENT.COMPANY