Terms and conditions

In these terms:

Accessories refer to items or any of them described under that heading on the first page; and

Appliances refer to the items or any of them described under that heading on the first page.

Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA).

Check Measurer refers to an employee or sub-contractor of the Company who conducts a measure of the site.

Company refers to Home Design Co. Pty Ltd (ABN 73 666 821 281).

Contract refers to a binding contract between us and you for the supply of the Product in accordance with these terms, any quote we send you which you have accepted, and any email we send you confirming your order.

Customer or You refers to the person or entity ordering the Products from us.

Delivery Date refers to the date agreed between the Company and the Customer under clause 6(a).

Home Design Co., We or Us means Home Design Co. Pty Ltd.

Goods or Product refers to the items described online (at www.homedesignco.com.au), or by a Home Design Co. Designer.

Price refers to the price of the Products in Australian Dollars and any delivery fees, installation fees or other fees or charges stated in the Contract or any quote we send you which you have accepted.

These terms supersede any earlier terms and conditions wherever published or applying between Home Design Co. and you in respect of the Goods. Once the order is accepted by us in accordance with these terms, the Contract is formed.

a) Home Design Co. will strive to provide accurate pricing information for its custom-made products based on a product catalogue, and you are responsible for providing accurate site measurements. When you choose self-measure, you accept responsibility for any errors in the measurements. However, Home Design Co. does offer an optional Check Measure service for an additional fee of $99 to ensure the Product will fit correctly.

b) If we become aware that the Product as estimated needs to change due to site-specific issues such as measurement or site problems, we will inform you. A redesign will be undertaken, and a new price provided for both parties to agree on.

c) Before production of the Product, you must approve any redesign and new price. If the new price cannot be agreed on, either party can cancel the contract and you will be refunded the full amount paid, less the Check Measure fee if applicable and without any party having any claim whatsoever against the other.

d) In the event that Home Design Co. is prevented by you from fulfilling the terms of this Contract, for any reason whatsoever, then we may give you 60 days’ notice that we will cancel the Contract on the terms of clause 14. If you delay fulfilment of the Contract, you will need to request an extension and make a progress payment of $500 every six months, after the first 12 months of the contract, in order for Home Design Co. to honour the Contract.

e) Further, if Home Design Co. is prevented by you from fulfilling the Contract for a period more than 12 months, we will either give notice to cancel the contact on the terms of clause 14 or review the contract price (such review not to increase by more than 10% a year) and the reviewed price will become the new Price. Production of the Product will still remain subject to measurements.

a) In the case where we may need to make minor modifications to the specifications for the Product as a result of the Home Design Co. Check Measurer’s site inspection, such modifications may be made without notifying you, but only if such modifications do not materially affect the appearance, design, and quality of the Product.

b) Timber and granite being natural products may have variance in colour, texture and grain. By accepting these terms, you acknowledge such variances are typical of these materials and what make these products unique.

c) By accepting these terms, you also acknowledge that the plan provided within this document and that all the details for the Product, Accessories and Appliances are both confirmed and shown correctly in this document.

d) If for any reason, beyond our reasonable control, we are unable to supply a particular item of Product, a particular Appliance, or a particular Accessory, Home Design Co. will notify you and with your consent, we will replace it with an item of similar standard and value. You have the right to withhold consent for such changes, but not without fair reason.

a) All prices mentioned in the contract are inclusive of all taxes applicable unless otherwise specified in writing.

b) All prices published in a price list or quoted by Home Design Co. are subject to change without notice.

c) All freight, shipping, air cargo, insurance and courier charges are to be paid by you, unless otherwise specified in writing.

d) The Price is subject to variation in the event of changes in GST, other taxes or duties, exchange rates, freight costs or the prices of materials or labour conditions. You will be notified of any variation as soon as reasonably possible after Home Design Co. becomes aware and an invoice reflecting the variation will be issued.

e) Home Design Co. will only commence the production of the Product by undertaking working drawings after the Company has:

• Received the 20% deposit of the Price;
• Received Customer signed measurements; and
• Received payment of an additional 50% of the Price.

f) Home Design Co. will notify you when the Product is ready for delivery and you must then pay the remaining 30% balance of the Price by electronic funds transfer or credit card. Once evidence of full payment is received, Home Design Co. will arrange for delivery of the Product to site.

a) Following any site inspection and measure, where applicable, referred to in clause 3 and any subsequent agreement to vary the Product and Price as referred to in clause 3 (c), Home Design Co. will present a range of delivery dates for you to choose from which will be between 1 to 8 weeks from the date of agreement.

b) We will do all that we can to meet the Delivery Date, however these are only estimates. Home Design Co. will not be liable for any damage or loss caused by delays in delivery. If something beyond our control delays production of the Product, we will notify you and provide a new Delivery Date.

c) As the Customer, you will need to do all you reasonably can to ensure the Product can be delivered on the Delivery Date. If something unexpected happens that is beyond your control and prevents you from receiving the delivery on the Delivery Date, you will need to contact Home Design Co. immediately to arrange a new Delivery Date.

d) If you advise Home Design Co. that you cannot take receipt of the product on the agreed-upon Delivery Date after it has been made or almost made, the Customer may be liable for storage costs in order for us to store the Product safely. Such costs won’t be more than $100 per day.

e) If you are not ready to take delivery for 3 months after the Products have arrived with Home Design Co., we will dispatch the Products to site and you must accept delivery of the Products.

f) Notwithstanding anything to the contrary in these terms and conditions, you are responsible for any loss, damage or risk to the product from:

• When the Product is delivered to your site; or
• When the Product is under the your direction or control.

g) Without prejudice to clause 6 (e), if you request for the Product to be delivered to any location, including your own site, we will do so. However if the location is unattended at the time of Delivery, Home Design Co. are not responsible for any damage or loss of the Product, however arising.

a) Within a ‘supply only’ Contract, Home Design Co. will not provide installation or any other trades work.

b) Home Design Co. does not make any guarantees to the Customer or anyone associated with the customer in regard to trades or workers hired to install the Products.

c) Where Home Design Co. has suggested trades people, these are not recommendations. A suggested trades person is not employed by Home Design Co. unless we confirm so in an official email. Any suggested trades person is licensed and operates as a separate legal entity.

d) By accepting these terms and conditions, you are acknowledging that you hold sole responsibility in regard to all aspects of the trades personnel you engage with and cannot hold Home Design Co. responsible for any issues that may arise.

e) The Customer is solely responsible for installing the Product, Appliances and Accessories, and Home Design Co. is not liable for any damage or loss that occurs during installation by the customer, suggested trades people or any third party.

The Appliances and Accessories are supplied subject to warranties offered by the manufacturers or where appropriate, subject to the terms of any extended warranty schemes. These terms and conditions do not alter any manufacturer’s warranties, which are supplied separately by the manufacturer and will be provided to you by your Designer. Warranties are applicable only where the Products have:

• Not been modified;
• Not been subjected to misuse, negligence, improper cleaning; or
• Not failed as a result of normal wear and tear.

a) Once the Products are delivered, you are responsible for any loss or damage to the Goods. Home Design Co. is not responsible for any defects caused by the Customer or any third party, including any tradesperson hired by the Customer.

b) The Products provided by Home Design Co. belong solely to us until you have paid all outstanding amounts owed to us.

c) If the Customer fails to pay all monies owed, and as a result Home Design Co. suffers damages, incurs costs, liabilities, or penalties, then the customer will be responsible for covering such expenses.

d) Home Design Co. will not be responsible for any indirect or consequential loss or damage under any circumstances.

a) Home Design Co. will provide all the Products in compliance with the consumer guarantees and protections under the Australian Consumer Law, if applicable.

b) Home Design Co. does not provide any guarantee or warranty for the Products except as required by the Australian Consumer Law. By accepting these terms and conditions, you agree to accept any warranty provided by Home Design Co., subject to clause 10(a) and clause 15.

c) To the extent permitted by the laws governing these terms and conditions, all guarantees, conditions, or warranties expressed or implied by statute, the common law, equity, trade, custom, use or otherwise are expressly excluded by Home Design Co.

If supplied Products, Appliances or Accessories fail to meet the Australian Consumer Law, then:

a) Where the problem is minor, Home Design Co. can choose between providing a repair or offering a replacement or refund;

b) Where there is a major failure under the Australian Consumer Law, you can:

• Reject the Products, Accessories or Appliances within a reasonable period (unless the products or appliances have been attached to your premises in such a way that they cannot be detached or isolated without damaging them) and either choose a refund by cancelling under clause 13(a) or a replacement; or
• Ask for compensation for any drop in value of the Products Accessories and Appliances as a result of the failure; and
• Ask for compensation for any reasonably foreseeable loss incurred as a result of the failure.
• Ask for compensation for any reasonably foreseeable loss incurred as a result of the failure.

Home Design Co. reserves all of its rights in respect of our intellectual property.

a) You may cancel the Contract immediately by written notice:

• In the circumstances set out in clauses 3(c), 3(e) or 11(b); or
• If Home Design Co. faces insolvency, is at risk of becoming insolvent, or is threatened with insolvency administration.

b ) If this Contract is cancelled by you in the circumstances referred to in clauses 3(c) or 11(b), all monies paid will be refunded.

c) You may cancel the order, with the consent of Home Design Co., at any time up until the production of the Products.

d) If this Contract is cancelled by you in the circumstances referred to in clauses 3(e) or 13(c) the deposit and any other monies already paid, up to the value of the costs incurred by Home Design Co. to the date of cancellation, may be retained by us.

a) Home Design Co. may cancel this Contract immediately by written notice:

• In the circumstances set out in clause (d);
• If the Customer is in breach of any term of the Contract or these Terms and Conditions and the breach is not remedied within 30 days of written notice by Home Design Co.; or
• If the Customer becomes or threatens to become bankrupt.

b) If Home Design Co. cancels the Contract under any of the circumstances in clause 14(a), it can keep the deposit and any other monies paid by the Customer up to the amount that covers the costs already incurred until the date of cancellation. This is in addition to any other rights or remedies the Company may have under the law.

a) Home Design Co. guarantees that all products sold will be free from defects for a specified period from delivery. This period is stated in the Product Information Letter. This warranty is in addition to any statutory rights or remedies you may have.

b) If a defect arises within the warranty period, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Products should be returned to us. This is provided that the Products have:

• Not been modified;
• Not been subjected to misuse, negligence, improper installation, and improper cleaning; or
• Not failed as a result of normal wear and tear.

c) If the Products are defective, in compliance with the Australian Consumer Law, the Company will promptly arrange, depending on the extent of the defect:

• To repair the Products and return the repaired Products to the Customer, free of charge; or
• To deliver replacement Products of similar quality and specification, free of charge; or
• To refund the Price of the defective Products by crediting the Customers debit or credit card or sending the Customer a cheque within 30 days of receipt of the defective Products.

d) To activate the warranty, you must contact Home Design Co. to arrange the return of the Products along with the original sales invoice or receipt. Home Design Co. will be liable for transport for the first 12 months only. After this time this is the responsibility of the Customer.

e) The warranty is not transferable.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty is provided by:

Home Design Co. Pty Ltd
1300 402 521
customerservice@homedesignco.com.au

By accepting these Terms and Conditions, you agree that if you have taken out finance with a third party to purchase through Home Design Co. that you will be solely responsible for the repayment of that finance.

Before seeking any external dispute resolution in relation to a dispute concerning these terms and conditions or a party’s actions or omissions, the following escalation procedure must be followed:

a) Notify Home Design Co. in writing advising of:

• Reasons for the dissatisfaction (Issue); and
• The available dates to meet and discuss the Issue.

b) Within 7 days of receiving the Notice, Home Design Co. will notify you, in writing, advising of available dates to meet and discuss the Issue.

c) The parties will meet and discuss the Issue and use best endeavours to resolve the Issue within 7 days of this meeting.

d) If within 7 days of the aforementioned meeting, the Issue is not resolved, it must then be resolved through the Consumer Affairs body or the equivalent government department in the state of delivery.

Home Design Co. will have no liability to you whether for damages or otherwise, for any failure to deliver Goods you have ordered or for any delay in doing so or for any change to the specified Delivery Date or for any damage or defect to Goods delivered that is caused by events or circumstances beyond our reasonable control including, without limitation:

• Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
• Earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
• Global health emergency, pandemic or epidemic, which involves the forced closure, restrictions and/or suspension of programs and services of the party affected; and
• Strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers, and which affect an essential portion of the Company being able to ultimately delivery the Products to the Customer.

a) Any leniency, indulgence or extension of time which may be granted by Home Design Co. will not affect or waive any of our rights.

b) Home Design Co.’s failure to exercise, or delay in exercising, any right, power or privilege will not operate as a waiver of any such right, power or privilege.

Any notice or other notification required to be given under the Contract must be in writing and will be deemed duly served three business days after it is mailed (either by prepaid post, registered mail or security post), or one business day after the transmission by email by either party to the others email address stated in the Contract.