TERMS & CONDITIONS

 

GENERAL TERMS AND CONDITIONS

  1. OVERVIEW

1.1          The terms and conditions set out below (Terms) are issued by FREE-MAN STORE Pty Ltd (ACN 201 779 275) collectively, (Us/We) and, unless we express otherwise, govern your use of https://free-man.store (Our Website) and any products or services used or purchased on Our Website or in-store at one of our locations.

1.2          By using and accessing or using Our Website, or purchasing our products or services, you have read and understood and agree to be bound by the Terms. If you do not accept the terms, you must not use Our Website or purchase our products or services.

1.3          We reserve the right to vary any of the Terms, at any time in and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on our Website or in-store.

1.4          References to “You” (you) may vary throughout this agreement, depending on whether you are only a user of Our Website, whether you purchase our products or services from Our Website or instore, or whether you are classified as a consumer under the Competition and Consumer Act 2010 (Cth) (Competition Act).

  1. USE OF OUR WEBSITE

2.1          You, at all times:

2.1.1      warrant that your use of Our Website does not violate any applicable laws;

2.1.2      agree to provide us with accurate, current and complete information necessary to process orders and delivery for our products or services and you will promptly update any information you provide to us in order to keep it accurate, current and complete;

2.1.3      agree to maintain the security of your password should you be required to create a login to purchase our products or services;

2.1.4      will use Our Website at your own risk;

2.1.5      acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content subject to privacy legislation and our Privacy Policy; and

2.1.6      agree and acknowledge that we, or our Related Entities (as defined in the Corporations Act 2001 (Cth) or third party licensors own all intellectual property rights in relation to Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

2.1.7     

2.2          When accessing or using Our Website or content displayed on our Website (Our Content), You must not, at any time:

2.2.1      use Our Website or Our Content for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;

2.2.2      use Our Website or Our Content in any way that could damage our reputation, or the goodwill or other rights associated with Our Content;

2.2.3      use or attempt to use another user’s account in any circumstances or the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; and

2.2.4      except as otherwise expressly indicated by us in writing, use, reproduce or exploit any information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in Our Website, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof.

2.3          We hereby grant you a non-exclusive, limited, non-sublicensable licence to access Our Website and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:

2.3.1      use Our Content other than for its intended purpose;

2.3.2      reproduce, publish, display, distribute or display Our Content without our prior permission;

2.3.3      modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;

2.3.4      use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;

2.3.5      use Our Content for any commercial use; or

2.3.6      copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of Our Website, including all page headers, custom graphics, button icons and scripts.

2.4          To request permission to use Our Content not included in the foregoing licence, you must contact us by email to: [Insert email address].

2.5          All website images, drawings, samples, descriptions, catalogues, photographs, brochures and any presentations provided by us (Sales Materials) are for illustrative purposes only. It is Your responsibility to ensure that the dimensions, materials, colour and design of our products are suitable for your purposes. The Sales Materials provided by us are intended to give a general description of items supplied by us and any person reading them may not rely on anything contained as being a representation of fact concerning the products produced by us or a warranty relating to the products or services, to the extent permitted by law.

2.6          We reserve the right to modify the design of our products and cease to manufacture or supply our products available for sale online or in-store, without notice.

2.7          Other than the warranties which are expressly provided in these Terms and/or warranties which are unable to be contracted out of at law, we expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the products, services and the Third Party Products or Services (as defined in paragraph 4.1.2), information, content and materials on Our Website. We do not represent or warrant that materials displayed on Our Website are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of Our Website, Our Content, our products or services, and/or the Third Party Products or Services, or any portion thereof except to the extent such matters are covered by our Consumer Guarantees and Warranty.

2.8          We are not responsible for typographical errors or omissions relating to Our Website, Our Content, Sales Materials, our products or services, or Third Party Products or Services, availability, pricing, text or imagery, except to the extent such matters are covered by our Consumer Guarantees and Warranty.

2.9          In the event that any information displayed on Our Website or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, our products or services and/or Third Party Products or Services or other information, you agree that we may terminate Your Order in this regard, despite the fact that you have received a confirmation email. In this event, a refund will be approved and provided to you.

2.10        While we attempt to make your access to and use of Our website safe, we cannot and do not represent or warrant that Our Website and/or app server(s) are free of viruses or other harmful components, or that defects will be corrected, therefore, you should use industry-recognised websites and/or apps to detect and disinfect viruses from any download or use of the software application.

2.11        We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third parties. We are not responsible for any entity that claims to be authorised on its behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.

  1. YOUR ACCOUNT

3.1          When purchasing products or services online, you may be required or prompted to create an account with us in which you will be able to save items of interest in your cart and keep record of details about your order (Your Account).

3.2          Your Account is not transferrable to any other entity or person. You are the sole owner and have sole responsibility of Your Account and only you can retain, access and use Your Account.

3.3          You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:

3.3.1      modify, discontinue, freeze or terminate, temporarily or permanently, your access to Your Account in whole or in part; and

3.3.2      assign our interests outlined in these Terms.

  1. THIRD PARTIES

4.1          You, at all times:

4.1.1      agree and acknowledge that we may from time to time provide you with products or services provided by third parties (Third Party Products or Services), and/or our other Related Entities;

4.1.2      agree and acknowledge that we are not responsible nor liable for any obligations that any providers of Third Party Products or Services may have to you; and

4.1.3      acknowledge that any recommendations that we make are suggestions only, and that we make no warranty of any kind in relation to Third Party Products or Services and You release us from all liability in this respect.

  1. PRICE AND PAYMENT

5.1          The products or services available for sale on Our Website or in-store constitute an invitation to treat, and your offer to purchase our products or services and/or Third Party Products or Services will not be accepted by us until your payment has been successfully processed, we have received your payment in cleared funds, and you have received a receipt from us that includes the transaction number (or the like), and, for select products, after the cost of delivery, shipping and handling has been confirmed by us and paid by you in full(Your Order.

5.2          All prices listed on Our Website or in-store are inclusive of GST [Australia only];

5.3          We may vary the price of our products or services at any time prior to You receiving a confirmation of payment or prior to Your Order being confirmed.

5.4          The prices of our Third Party Products or Services may vary at any time prior to Your Order being delivered to you.

5.5          With respect to in-store purchases, we may from time to time provide a quotation or price. This does not constitute an offer to sell our Products or Services to you. We reserve the right to alter the quote or price and to supply our Products or Services to you at our sole discretion.

5.6          In order to place an order, you must make payment as follows:

5.6.1      for telephone purchases, payment details must be provided to us over the telephone. We may from time to time change this method to a secure online platform. Please note that all delivery and storage fees are excluded from the listed price and must be paid by you in addition to the listed price;

5.6.2      for in-store purchases, unless otherwise agreed by us in writing, payment must be in full in-store. Please note that all delivery and storage fees are excluded from the listed price and must be paid by you in addition to the listed price in-store or prior to dispatch;

5.6.3      payment for all products or services must be made via credit or debit card. We accept Visa, Mastercard and American Express;

5.6.4      for online purchases, payment must be made in advance. All storage and delivery charges are excluded from the listed price and must be paid by you in addition to the  price of products or services advertised on Our Website.

5.6.5      for online purchases, we currently use Shopify] to ensure that your payment information is kept safe and secure. Should you require information as to how Shopify manages your information, please refer to their terms and conditions and privacy policy available here.

5.6.6      Please note that delivery and storage fees for select products will be excluded from the listed price and must be paid by you in addition to the listed price. Indicative delivery and storage fees for select products will be calculated either at checkout or will be communicated to you after Your Order is placed and will be required to be paid by you separately;

5.6.7      we may from time to time change our payment processing service provider, in our absolute discretion, and without notice to you.

5.7          You agree and acknowledge that a tax invoices will be delivered electronically to your nominated email account after a payment is processed for online purchases. You must ensure that the nominated email address that you have provided in Your Account is correct to issue with an invoice.

5.8          We reserve the right to cancel Your Order at any time if:

5.8.1      If our manufacturer or suppliers are unable to deliver the products or services in Your Order in which cae, we would organise a refund to you; or

5.8.2      Due to government regulation, natural disaster or force majeure we are unable to, or it would be practically and commercial unreasonable for us to continue to provide the products, services or Third Party Products or Services to You, in which case we would organise a refund to you.

5.8.3      For in-store or telephone purchases, if we agree to accept a deposit and you fail to pay the balance of Your Order or delivery or storage fees within 7 days of days’ notice from Us of the amount owing, in which case we are permitted to keep the deposit; or

5.9          All furniture is made to order. If you will be unable to make changes to your order once you receive confirmation that Your Order has been placed. No refunds will be provided for change of mind.

5.10        For further information about refunds and returns, please refer to our Consumer Guarantees And Warranty below.

  1. DELIVERY

6.1          Delivery of our products will not be made until our products have been paid in full.

6.2          If you purchase your products in-store and for select products purchased via Our Website, you will also need to pay all freight costs (including hand unloading, crane or tail-lift charges, specific equipment or specialised services, and costs arising from failed delivery or re-delivery (including storage charges)).

6.3          In most cases, we will choose a carrier at your cost. However, if you wish or are required to nominate your own carrier, we will not be liable for any damage caused to the products while in transit with your carrier. We at all times have a right to reject the carrier nominated by you, in the absence of which we will choose a carrier and arrange delivery at your cost.

6.4          While we, or our service providers make reasonable efforts to deliver products ordered in accordance within a specified timeframe, time will not be of the essence in this regard. You acknowledge and agree that any delivery times notified to you are honest estimates only. If relevant, we reserve the right to deliver the products to you by instalments.

6.5          We will not be responsible for non-delivery or delay in delivery of any products due to any cause beyond our reasonable control, even if the cause may be operative at the time of confirming Your Order. Where such non-delivery or delay occurs, we may deliver the products not delivered or delayed at any subsequent time and you must accept and pay for them.

6.6          If you ask us to postpone delivery of the products beyond the delivery date or dates specified in your order, we may agree to do so, but any such delay may incur storage costs for the postponement. Please refer to Fees and Charges.

6.7          If we do not receive delivery instructions sufficient to enable us to deliver the products within 14 days of you being notified that the products are ready for delivery, you will from the fifteenth day after notification:

6.7.1      be deemed to have taken delivery of the products;

6.7.2      be liable for storage charges outlined in the Fees and Charges, payable monthly on demand;

6.7.3      assume risk in the products.

6.8          Risk of loss or damage to the products will pass to you when the products have been consigned to your carrier and the carrier has removed the products from our premises (if you are using your own carrier) or risk will pass upon delivery at the first access point of your delivery address (for example front door, main floor of the apartment). 

6.9          Notwithstanding any other provision in these Terms, title in products will only pass to you once you have paid us in full and in cleared funds, for those products and any associated costs and charges (such as delivery fees).

  1. DEFAULT

7.1          If You:

7.1.1      fail to pay for any products or services or delivery on the due date; or

7.1.2      commit an act of bankruptcy; or

7.1.3      appoint or allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property; or

7.1.4      allow distress to be levied or a judgment, order or security to be enforced, or to become enforceable against your property; or

7.1.5      are a company and:

(a)          proceedings are commenced to wind you up or any of your subsidiaries; or

(b)          a controller, receiver, administrator, liquidator or similar officer is appointed to you or in respect of any part of your property,

then we and our agents may enter upon Your premises (doing all that is necessary to gain access) or premises in which Your products are stored and retake possession of any or all of the product we have supplied to You and resell the products concerned; and/or sue for the balance of the price payable by You along with all of our enforcement costs in accordance with this Agreement.

7.2          In the event of a default by you, including but not limited to as described in paragraph 7.1, we may also:

7.2.1      withhold supply;

7.2.2      charge interest at the rate of 12% per annum (calculated daily) on the whole or any part of the monies outstanding where we are unable to obtain payment from your credit card provider or a cheque is not paid by your bank, charge a dishonour handling fee at the rate advised by us in the Fees and Charges;

7.2.3      sue for the money owing on the products or services and recover all collection costs and expenses incurred in collecting the overdue sums payable, including without limitation solicitor/client costs on a full indemnity basis; and

7.2.4      recover legal fees from you should you fail to pay monies due and owing to us.

  1. FEES AND CHARGES

8.1          Where a cheque issued for payment for products or payment of a credit account is dishonoured by a customer’s bank, the following dishonour handling fee (exclusive of GST) charged by your bank will be passed onto you. will apply;

8.2          We reserve the right to charge interest on the whole or any part of the monies outstanding on the invoice shall accrue at 12% per annum, calculated daily.

8.3          A credit card administration fee charged by your bank for the transaction.

8.4          If the products stored at our site, at least 1% of Your Orderprice of the stored products will be charged per month commencing on the products were due to be delivered.

8.5          If the products are stored off-site all relevant costs we incur will be payable or must be reimbursed by you.

  1. PRIVACY POLICY

9.1          You acknowledge that we may use the information that you provide to us through Our Website, over the phone, or in-store to market and suggest products or services (including Third Party Products or Services) that may be of interest to you.

9.2          You agree that we may use cookies to monito your use of Our Website.

9.3          Please refer to our Privacy Policy for information on how we collect, use, disclose, store and secure Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users and customers.

  1. LIABILITY

10.1        We note that some legislation and consumer protection laws and regulations, which apply to our products and services, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). By agreeing to these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to Our Website, Our Content, the products and services and Third Party Products or Services to the extent permitted by law.

10.2        You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our directors, officers, employees or agents, our Related Entities or directors, officers, employees or agents of our  Related Entities arising out of or in any way relating to your purchase or use of the products, services, or Third Party Products or Services, your use of Our Website, Our Content or the Sales Materials contained in or accessible through our Website or in-store, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Our Content, or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of Our Website, Our Content. You use Our Website at your own risk and purchase our products, services, or Third Party Products or Services at your own risk.

10.3        Without limitation of the foregoing, neither we nor our directors, officers, employees or agents, nor our  Related Entities nor directors, officers, employees or agents of our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase or use of the products, services and/or the Third Party Products or Services, the use of Our Website, Our Content or the Sales Materials contained in or accessible through Our Website, including without limitation any damages caused by or resulting from your reliance on any of Our Content or other information obtained from us or accessible via the Our Website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.

10.4        To the extent permitted by law, in no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the purchase or use of our products, services Our Website, Our Content, and/or Third Party Products exceed any amount that you pay to us, if any, for the purchase of the applicable products, services and/or Third Party Products.

10.5        We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.

10.6        We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of Our Website.

10.7        We take no responsibility and assume no liability for any Third Party Products or Services, content or communication that you may receive from the third party provider, nor any of the changes that the provider may make to the Third Party Products or Services.

  1. INDEMNITY

11.1        You agree to indemnify us and our directors, employees or agents, our  Related Entities or its directors, officers, employees or agents of our Related Entities from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your, or your inviteesfailure to comply with the Terms or any applicable legislation.

  1. FORCE MAJEURE

12.1        If we are prevented, or delayed from, or in performing any of our obligations in accordance with Your Order by force majeure, which will include but not be limited to pandemic (either pre-existing or future), disease, act of war, natural disaster, strikes, lock-outs or other industrial action, whether or not by, or involving our employees, then we may give you notice in writing of the circumstances constituting force majeure and of the obligation, performance of which is delayed or prevented. On service of the notice, we will be excused from compliance with the requirement to perform our obligations under these Terms for as long as the force majeure circumstances may continue. If by virtue of this clause either party is excused from compliance with any obligation for a continuous period of four calendar months, then without prejudice to any other right or remedy, either party may terminate Your Order with immediate effect by giving notice in writing to the other. In which case a refund will be approved and provided by us.

12.2        We will not be liable to you in any circumstances whatsoever for any:

12.2.1    consequential loss, including without limitation loss of profits or contracts you may suffer; or

12.2.2    loss or damage arising in circumstances over which we have no control.

  1. APPLICABLE LAW AND VENUE

13.1        The products, services or Third Party Products or Services, and the Website and Our Content are accessible in all states of Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of our products, services, Third Party Products or Services and/or Our Website or Our Content will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles.

13.2        You agree that all claims you may have against us arising from or relating to products, services, Third Party Products or Services and/or Our Website or Our Content will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia.

13.3        You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.

  1. SEVERABILITY

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

  1. NOTICES

15.1        You agree that we have the right to send you certain information in connection with our products or services, Third Party Products or Services and/or Our Website or Our Content.  We may send you this and any other information in SMS to the mobile number, postal address and/or email-address you provided for Your Account.

15.2        Notices provided to you via SMS and/or e-mail will be deemed given and received on the transmission date of the SMS and/or e-mail.

15.3       

15.4        You have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to Your Order, Third Party Products or Services and/or Your Account.

  1. WAIVER

You agree that a failure or delay by us in enforcing any provisions of these Terms does not operate as a waiver of our rights in relation to enforcement of those provisions. 

  1. WHOLE AGREEMENT

These Terms embody the whole agreement of the parties with respect to its subject matter and, subject to the express terms contained in any written order or written acceptance by us, all previous dealings, representations and arrangements are hereby excluded and cancelled.

  1. QUESTIONS AND COMMENTS

If you have any questions regarding these Terms, our products or services, or Third Party Products or Services, Our Content, or Our Website, please submit them to us, using the email address, [Insert email address].

  1. COPYRIGHT

19.1        Our Website and all of Our Content is copyrighted - (c) 2020 FREE-MAN STORE Pty Ltd (ACN 201 779 275) and FREE-MAN STORE PTY LTD (ABN: 54 645 099 047) All Rights Reserved.

19.2        Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright or that our materials are being infringed by a third party, please contact us via this email address [Insert email address].

19.3        If you believe in good faith that materials hosted by us infringe your copyright, we suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal costs).

CONSUMER GUARANTEES AND WARRANTY

 

  1. CONSUMER GUARANTEE

20.1        Our products come with the guarantees which cannot be excluded under Australian consumer law, which is set out in Schedule 2 of the Competition Act (Australian Consumer Law). These guarantees (collectively, the Consumer Guarantees) include that:

20.1.1    you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.

20.1.2    you are 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.

20.1.3    your goods will be of an acceptable quality, will be fit for purpose and will match the descriptions, sample or model provided; and

20.1.4    reasonable steps will be taken to provide spare parts and repair facilities; and

20.1.5    express warranties will be honoured.

20.2        We do not provide any express or implied warranties or guarantees which are additional to the Consumer Guarantees.

20.3        Where the Australian Consumer Law refers to periods of time, the Consumer Guarantees are provided for those periods of time.

20.4        Where the Australian Consumer Law refers to a “reasonable” period of time, or is silent as to a period of time, we consider the following periods of time to be reasonable, starting from the date your goods are delivered, (the Warranty Period):

20.4.1    18 months, for furniture (including frames, legs, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms but excluding fabric or leather upholstery furniture coverings unless defective (faulty));

20.4.2    12 months, for lighting and all other products; and

20.4.3    24 months, for rugs.

20.5        Should your rights and entitlements under this warranty be less than what you are otherwise entitled to under Australian Consumer Law, your Consumer Guarantees will prevail.

20.6        Regardless of where you are located, only the Consumer Guarantees apply. To the extent permitted by law, we provide no other equivalent warranties or guarantees,

  1. ELIGIBILITY

21.1        You must carefully inspect your products when you take delivery of them and note any damage on the delivery documentation presented to you by the carrier for signature.

21.2        You must notify us in writing of any damage or shortages within 7 days of delivery as a delay in notifying us could exclude your eligibility under our warranty where you should or would have reasonably been aware of the damage upon inspection and we form the reasonable view that the damage was not caused by our, or our manufacturer’s fault.

21.3        Should we replace or repair your product during the Warranty Period, the Warranty Period for the replaced or repaired good, or part of the good, will be from the date the original goods were delivered.

21.4        This warranty and the Consumer Guarantee is not transferable (save for in the case of gifts).

21.5        This warranty may not be amended, altered, or extended without our prior written consent.

  1. EXCLUSIONS

22.1        Our products are custom-made and bespoke which are designed and manufactured for aesthetic purposes only (similar to a work of art). The normal and intended purpose of our products is not to be used for everyday use or wear and tear, unless otherwise specified by us in writing.

22.2        Our products are hand-made, using delicate materials which must be handled with great care in accordance with the care instructions listed for that product on Our Website or in-store. If you have any questions about how best to care for your products, please contact us on [Insert email address] before doing so.

22.3        Because our products are hand-made and bespoke, there will be variations to the colours and grain in timbers and will differ from how they are depicted in the Sales Materials or displayed products in-store.

22.4        The Sales Materials are for illustrative purposes only. It is Your responsibility to ensure that the dimensions, materials, colour and design of our products are suitable for your purposes.

22.5        The Sales Materials provided by us are intended to give a general description of items supplied by us and any person reading them may not rely on anything contained as being a representation of fact concerning the products produced by us or a warranty relating to the products or services, to the extent permitted by law.

22.6        Subject to the Australian Consumer Law, the Consumer Guarantees do not apply:

22.6.1    To products used for a purpose outside of the normal and intended purpose outlined above at 22.1 and 22.2;

22.6.2    To variations in grain or colour or grain in timbers;

22.6.3    to any customised or made-to-order products;

22.6.4    to any products sold as seconds, floor stock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product.

22.6.5    to damage sustained in the handling or transportation of your product if the products are delivered by your own service providers;

22.6.6    to damage sustained to the products in handling or transportation due to lack of access to the delivery address nominated by you;

22.6.7    to normal wear and tear (including settling or flattening of cushion filling over time, or a natural characteristic of the material used);

22.6.8    to products or partial products made to order or customised at your request using materials supplied by third party providers;

22.6.9    to creases, wrinkling, and/or natural markings, non-substantial colour variations of materials, fabric or leather coverings, or timber grain (on receipt or which develops over time);

22.6.10  to damaged caused animals;

22.6.11  to damage caused independently after the products have left our control;

22.6.12  to damage to fabric or leather coverings due to the application of chemicals, cleaners, conditions such as acids, solvents, dyes, inks, paints not approved or recommended by us in the care instructions (displayed in-store, on our Website, and/or which are attached or accompany your product).

22.6.13  to goods purchased for re-supply in trade or commerce;

22.6.14  if you change your mind;

22.6.15  if repairs to a product are made or attempted by a service provider other than one approved by us in writing;

22.6.16  if the product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product or in accordance with our care instructions;

22.6.17  if the customer uses the product in an abnormal manner or in a manner inconsistent with their normal and intended purpose, for example if the product is modified, abused, misused, dropped, stood on, crushed, impacted with any hard surface, exposed to extreme heat (including sun or  fire) or cold, not maintained properly or used after partial failure, whether intentional or otherwise,

22.6.18  if the product has been incorrectly adjusted or operated, subjected to incorrect electrical bulbs or supply or inconsistent electrical supply or used with inappropriate accessories;

22.6.19  if the product is tampered with in any way; or

22.6.20  if the product’s serial number, as applied by the manufacturer, has been altered or removed from the product;

to anyone who is not classified as a consumer under Australian Consumer Law, as determined by us, acting reasonably.

  1. HOW TO MAKE A CLAIM

23.1        To make claim you must:

23.1.1    notify us no later than 7 days of becoming aware of the issue; and

23.1.2    notify us by:

(a)          ringing [Insert customer care phone number];

(b)          e-mailing [Insert customer care email];

(c)           by completing the online claim form at [Insert link]; or

(d)          by visiting us in-store and if practicable.

23.2        Before your claim will be processed, we require:

23.2.1    proof of purchase (the sales docket receipt or another acceptable form of proof of purchase); and

23.2.2    photographs and/or a description of any damage.

23.3        We will then 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.

23.4        Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them.

  1. ORGANISING A RETURN, INSPECTION OR REPAIR

24.1        After you make a claim, we will contact you to arrange:

24.1.1    the return of the product for inspection/repair to a location as further identified and instructed by Us; or

24.1.2    the product to be inspected at your home; or

24.1.3    in the case of major failure, provide a replacement, refund or compensation for any consequential loss that is reasonably foreseeable.

24.2        We reserve the right to charge an upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should we determine you have a valid claim.

24.3        If you are requested to return the product to us for inspection/repair, you will need to return the product to one of our stores or other address advised by Us. If the product cannot be returned easily because of its size or height, we will arrange, at your cost, for the transportation of the product to the store or to another address advised by us.

24.4        If we determine there is a valid claim, we will reimburse you for the transportation costs paid by you.

24.5        If we determine you do not have a valid claim, you must pay or reimburse us for any packaging and transportation costs (including return costs) that we have paid.

24.6        In the event one of our service providers is unable to accommodate the transportation and/or repair of your goods, we will, if agreed in writing beforehand, reimburse you for the reasonable costs of transportation and repair you incur for selecting your own provider.

24.7        Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the products.

24.8        We will pass on any warranty on a product provided by the relevant manufacturer to you. The warranty period is as specified by the manufacturer. This does not mean that we will offer such a warranty ourselves, if such warranty is additional to the Consumer Guarantees.

24.9        We will do our best to resolve the issue in a timely manner. For any queries please contact us by:

24.9.1    ringing [Insert customer care phone number]; or

24.9.2    e-mailing [Insert customer care email]; or

24.9.3    by visiting us in-store and if practicable.

 

  1. LIABILITY

25.1        To the extent permitted by law, our liability under these Terms and any Consumer Guarantee shall not exceed the purchase price and delivery of your product.

25.2        To the extent permitted by law, we will not be responsible for any loss not caused by our conduct or our product and will not be liable for any loss or damaged caused;

25.3        Any loss you incur as a result for damage or defective products must be mitigated.

25.4        You must make proper enquiry and ensure that the products can be delivered without unusual hindrance of physical restrictions.

 

     26.   CONCIERGE SERVICES

26.1   When engaging FREE MAN for any of its services the customer agrees FREE MAN hold no liability, insurance or responsibility for these items as FREE MAN simply act as a purchase representative. Any legality relating to items being not fit for purpose, damaged, defective and or non-legitimate or forgery the client must accept to take up damages and or legal action directly with the original supplier. FREE MAN agrees to offer all assistance necessary to rectify any damages but holds no liability for damages directly.

26.2   When purchasing custom furniture and lighting through FREE MAN, clients of FREE MAN accept the liability for defects, damages and any harm caused by an item is the responsibility of the manufacturer not FREE MAN. FREE MAN clients understand FREE MAN is not the manufacturer simply the retailer thus any damages are to be rectified by the manufacturer directly. 

26.3     All FREE MAN clients on a retainer fee for a specific period or any other agreed contract (which must be stated in writing) and signed by both parties may cancel the contract and or retainer after stating this in writing to the other party. FREE MAN clients note any stages completed by FREE MAN must be paid prior to cancellation of the services. 

26.4    FREE MAN clients understand any damages incurred during transit, eg. international shipping, air-freight, couriers and local transporters, should an item being damaged FREE MAN hold no responsibility or insurance for this item. FREE MAN are unable to refund or credit these items unless agreed by FREE MAN directors authority. 

26.5 Note prices do not include GST.

26.6 FREE MAN proposals are prepared in good faith and are based on our ability to interpret instruction by the client and/or other consultants.

26.7 In the event that there are excessive changes to the scope of work, FREE MAN Store Pty Ltd reserves the right to renegotiate the fee.

26.7 International travel and related fees are not included in FREE MAN proposals unless noted.

26.8 Should amendments or consultancy services be required, they will be charged at an hourly rate, as per the following schedule:

  • Director - $450 p/h
  • Designer - $250 p/h
  • Assistant - $150 p/h

26.9 It is preferred that clients provide written acceptance of all quotes. Verbal acceptance will be confirmed in writing by FREE MAN Store Pty Ltd. Work on any jobs will not commence without acceptance. Acceptance of the quotation will also be acceptance of our terms and conditions.

26.10 FREE MAN Store Pty Ltd reserves the right to discontinue the Services in cases where the Client has not made payment on outstanding invoices during the course of provision of the Services.

 

STATEMENT OF CONFIDENTIALITY

The information provided in this response is confidential and proprietary information of FREE MAN Pty Ltd and is furnished solely for the purpose of (a) evaluation and (b) if the response is accepted, negotiation of an Agreement between the parties for the performance of the proposed services. Until a final FREE MAN Pty Ltd contractual agreement between the parties is executed, this document constitutes only an offer by FREE MAN Pty Ltd to perform services and may be withdrawn by FREE MAN Pty Ltd at any time prior to execution of an Agreement upon notice. This document is the proprietary and confidential property of FREE MAN Pty Ltd. By accepting possession of this document, the client agrees to keep its contents in confidence and to not use, duplicate or disclose the document for any purpose other than evaluating FREE MAN Pty Ltd Ltd ability to provide the services herein, unless otherwise agreed in writing by FREE MAN Pty Ltd.