Terms & conditions


Terms & conditions


July 17th 2021

1. NATURE OF THE AGREEMENT:
CLIENT is engaging COMPANY for Interior Design and Styling Services. The Services as stated at the time of purchase is complete, whole and current, and any modifications to past or future Services have no bearing on this agreement.

The intention of the Design and Styling Services is for the CLIENT to receive educational information and Interior Design and Styling concept in line with CLIENT brief from the COMPANY on “best suitable products” for personal and or professional use.

2. SCHEDULE:
The Parties agree to the following schedule:

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Proposed date of completion: {{as per individual client quotation}}

Common circumstance/s of schedule variation include alteration to CLIENT brief requiring variation to contract accompanied by subsequent works to be carried out by COMPANY to meet CLIENT brief, THIRD PARTY delays and violation of contract PAYMENT TERMS resulting in project progress and delivery delays. The proposed date of completion is reasonably estimated by COMPANY based on initial consultation information and advice of CLIENT and is subject to change in accordance with delays. 

3. PAYMENT:
The Parties agree to the following Payment and Payment Terms:

Total Fee for Services: {{job.invoice | total}}

Progress deposit due upon acceptance of Contract Agreement: 50%

Balance Due upon final invoice: 50%, prior to delivery of goods

4. PRIVACY AND CONFIDENTIALITY:
COMPANY shall hold all information and data supplied to it by the CLIENT in complete confidence, and will not disclose confidential information (information that is not already available to the public) without CLIENT’s prior consent, in whole or in part to any person, other than to a person who is directly involved with the CLIENT’s project, and whose knowledge of such information or data is essential for such purposes. COMPANY will never sell or trade CLIENT information. COMPANY is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

All Intellectual Property in any Material shred with CLIENT and or on the Website is the property of COMPANY. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

5. TERMINATION:
This Agreement shall automatically terminate upon Client’s acceptance of the deliverables. This Agreement may otherwise be terminated at any time by either Party upon written notice to the other party. Client will be responsible for all costs and expenses incurred prior to the date of termination.

Upon termination, COMPANY shall return all Client content, materials paid for in full, and all copies of documented Deliverables to the Client at its earliest convenience, but in no event beyond thirty (30) days after the date of termination.

6. DELIVERY AND OWNERSHIP OF GOODS:
All CLIENT purchasers made on behalf of COMPANY include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier. Once an order has been dispatched to the customer by COMPANY (via third party Suppliers) - the dispatch service is deemed to have been provided, and in no circumstances is COMPANY then liable to refund the delivery fee paid by the customer. 

COMPANY is not responsible for the delivery and delivery times of Goods once dispatched. Once Goods have been dispatched, it is the customer's responsibility to liaise with COMPANY in relation to date of delivery and to make themselves available to take delivery during business hours or other method of acceptance in accordance with the carrier’s instructions. Any information provided by COMPANY to a customer in relation to delivery will be from a third party, and as such COMPANY will not guarantee the accuracy of such information. 

Where applicable for Third party deliveries COMPANY will provide customers with tracking information to enable liaising with the carrier. The parties acknowledge that delays in shipping do occasionally occur, and COMPANY is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact COMPANY to resolve pertinent to courier warranty rulings. COMPANY is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process. The date of dispatch is reasonably estimated by COMPANY and is subject to change without notice.

Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order. COMPANY will not dispatch Goods to PO box addresses. Title and risk in the Goods pass to the customer on signing for delivery of the Goods. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed. COMPANY nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with COMPANY. Where a customer wishes to cancel an order after it has been dispatched, the cancellation is treated in accordance with the 14 day return policy, whereby shipping costs and return or redirection costs are not refunded and/or are payable by the customer.

7. DELIVERY AND OWNERSHIP OF DRAFTING CONCEPT PLANS:
CLIENT agrees to personalised terms & conditions as documented in proposal for concept plans and the provision of documented amendments as per client brief. In no circumstances is COMPANY then liable to refund the concept fee paid by the customer. 

8. THIRD PARTY BUILDING AND CONSTRUCTION TRADE WORKS:
Third Party Building and Construction works supplied by COMPANY come with third party guarantees that cannot be excluded under the Victorian building and Construction LAW. CLIENT is entitled to a repair for a minor and major failure, in accordance with Third Party contractor Terms and Conditions. 

You are also entitled to have the building works repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty does not cover: (a) Normal wear and tear; (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations; (c) Products which have not been maintained, or which have been modified

9. WARRANTIES:
Third Party goods supplied by COMPANY come with guarantees that cannot be excluded under the Australian Consumer Law. CLIENT is entitled to a replacement or refund for a major failure, in accordance with Third Party Supplier and Manufacturer and COMPANY Returns Policy. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty does not cover: (a) Normal wear and tear; (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations; (c) Products which have not been maintained, or which have been modified

10. SALE TERMS & DISCOUNT CODES:
Discount codes or promotional codes are offered as a discount off the service and or product Recommended Retail Product (RRP). COMPANY Website and Order Terms and Conditions apply during promotions. Discount Codes are not applicable to the purchase of gift cards or e-gift vouchers. Only one discount code can apply per order.

11. DISCLAIMER:
CLIENT acknowledges that COMPANY's services are pertinent to Interior Design and Styling advice and recommendations only and that COMPANY DOES NOT REPRESENT OR WARRANT THAT SUCH DELIVERABLES WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. 

12. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.

CLIENT bears the sole responsibility for the use and implementation of product installed as per agreement with the COMPANY. CLIENT also agrees to forever indemnify and hold harmless COMPANY from and against any actual or consequential loss, cost, expense or damage whatsoever resulting from the CLIENT’s activities and related to the subject matter herein.

13. SEVERABILITY:
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

14. LEGAL FEES:
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

15. LEGAL AND BINDING AGREEMENT:
This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in Australia,  The United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

16. GOVERNING LAW AND JURISDICTION:
The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Australian law.

17. ENTIRE AGREEMENT:
The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so verbally or in writing (to be signed by both parties).