TERMS OF SERVICE
This website is operated by Maker & Son. Throughout the site, the terms “we”, “us” and “our” refer to Maker & Son. Maker & Son offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - PRODUCT SPECIFICATIONS
1.1 We constantly develop our products and we therefore reserve the right to amend the specification of products without prior notice in relation to future sales.
1.2 Many of our products have natural wood exposed, such as the wooden legs. As with all natural materials, wood and fabrics will change with age and exposure to sunlight.
1.3 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the colour and texture may occur.
SECTION 2 - MEASUREMENTS
2.1 It is your responsibility to make sure that the furniture you order from us will be able to easily be carried through into your room of choice.
2.2 Please note that all delivery charges include no allowance for the removal of windows, doors or other fixtures.
2.3 The measurements of all furniture and furnishings made by us will be as accurate as possible, but are approximate.
SECTION 3 - PRICES AND PAYMENTS
3.1 All prices include GST, unless stated otherwise, at the prevailing rate. If you live outside Australia, please note that the price you see on our Website may differ from what we charge you, due to, for example, differences in your country’s GST rate.
3.2 All prices which we have quoted you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
3.3 Orders have 100% of the total amount payable taken at the point of order. The total amount payable by you regardless of the method of payment is the same.
3.4 We accept the forms of payments that are stated on our Website during the online purchase process.
3.5 The contract will not be concluded until we have received your valid credit card charge, debit card payment details or bank transfer and we have accepted the order by way of a confirmation by return email to the address that you have given during the registering procedure and upon ordering.
3.6 We are entitled to refuse any order placed by you
SECTION 4 - REFUNDS AND RETURNS
4.1 If you wish to return your goods it is your responsibility to take good care of the furniture and you are liable for any loss or damage. Failure to take reasonable care may result in a claim against you. To minimise the risk of any such claim we recommend that you return the goods in appropriate packaging. Our refund policy does not apply to bespoke pieces of furniture.
4.2 For goods residing in Australia, we shall refund our standard delivery charge but not charges made for specialist delivery. We may apply a second delivery charge for the collection of the goods, this will be equal to the delivery charge paid by you. Alternatively you can arrange to have the goods delivered to our main premises. Items returned as a result of damage or fault will have delivery charges refunded and no collection charges will be made.
4.3 For those outside of Australia it will be your responsibility to pay and organise transportation of any goods. Maker&Son does not take any responsibility for any damage that maybe caused during transportation.
4.4 Products must be returned to us in a saleable condition and we reserve the right to make reasonable deductions from the amount refunded to you if there are signs of wear and/or damage to the Products. All returned Products will be inspected in our premises and, if deemed to be damaged, we will charge you a fee to reflect the amount by which the value of the Products has been diminished.
4.5 Distance selling regulations and our policy only applies to your order if the goods have not been custom made to your specification or if you have not examined the product in one of our premises. If the distance selling regulations do apply you are entitled to cancel your order before delivery or within 14 working days beginning with the day after the date of delivery. You will need to notify us in writing.
4.6 Any furniture that you order with additional options selected, (for instance with your own fabric choice) is custom made for you and as such once successfully delivered and signed for, the furniture may not be returned nor will we provide any refund unless it is defective or has been accidentally damaged by us in the delivery process.
4.7 We will collect any Products which are the subject of a cancelled order from the Australian address to which we originally delivered the Products. For those outside of Australia, you will be required to organise the transportation of your cancelled order.
4.8 This section 4 does not affect your statutory rights.
SECTION 5 - DELIVERY
5.1 Either we or our nominated delivery partner will contact you to notify you when your Products are available and, subject to the separate provisions below relating to customers resident outside Australia, we will arrange a date for delivery to the address specified by you.
5.2 Either we or our nominated delivery partner will deliver your Products to any Australian address. The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
5.3 You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
5.4 Our delivery partner for large items will contact you to arrange a delivery date. They will provide an estimated delivery time slot approximately 48 hours before delivery, once the delivery route has been planned. If you cancel the delivery later than 8AM Melbourne time two days before your delivery date or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.
5.5 For deliveries of large items to any non-Australian address, our delivery charges are for delivering to the nearest mainland port. It will be your responsibility to arrange transport thereon. For deliveries of large items to any addresses outside Australia, we do not offer a delivery service. The transportation of your Products from the depot to your address will be your sole responsibility and at your sole cost. If requested, we will be happy to recommend third party providers of delivery services to you.
5.6 Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
5.7 For deliveries of large items to addresses in Australia, our nominated delivery partner will exercise every caution and extend every courtesy during delivery. Please do note that neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
5.8 Our nominated delivery partner will endeavour to deliver the purchased goods to you within 10 working days of them arriving in their warehouse. Failure for you to accept delivery of these items within 10 working days will result in us having the right to charge you storage charges of sixty Australian dollars per week. This payment is incurred every seven days. Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly.
5.9 Our nominated delivery partner will reasonably endeavour to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via suitable stairs or an elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by federal health and safety regulation: https://www.australia.gov.au/information-and-services/health/workplace-health-and-safety.
5.10 At the time of delivery the Products will usually be unpacked and assembled. However we will not remove the outer packaging of any product which you have ordered, unless asked to do so by you, as the product can not be returned by you once opened unless it is deemed defective. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery.
5.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of rectifying the issues that are presented at this time.
+61 452 549 371.
SECTION 6 - CUSTOMER OWN MATERIALS
6.1 This clause applies to any fabric that you provide to us or which you specify and is not on our website (‘Customer Own Material’). This applies to any Product that, at your request, we make with Customer Own material as a ‘Customer Own Material Product’.
6.2 We may refuse to use any Customer Own Material of which we deem to be unsuitable.
6.3 We may cut, work on and otherwise treat and deal with your Customer Own Materials as we consider appropriate in the course of making the Product and (unless you state in writing with your order that surplus should be returned to you) we may use or dispose of excess fabric or items as we think fit.
6.4 Customer Own Materials will become owned by us when we receive them; ownership in any of them which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
6.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
SECTION 7 - FABRICS
7.1 Fabric batches may vary. The majority of our fabrics are created from natural materials, and thus, unlike man made products, there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.
7.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
7.3 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
7.4 We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
7.5 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (these products will normally warn against spraying close to upholstery without first covering it).
SECTION 8 - WEBSITE ACCURACY
8.1 We endeavour to display as accurately as possible the colours of our Products that appear on our Website. However we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
8.2 Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are not able to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 8.3 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).
8.3 Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return email to the email address you have given us during the online payment process.
8.4 We reserve the right to refuse any order placed by you.
8.5 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
SECTION 9 - PRIVACY
SECTION 10 - APPLICABLE LAW
These Terms and Conditions of Trading are governed by and are to be constructed in accordance with the laws of Australia.
SECTION 11 - STATUTORY RIGHTS
The above do not affect your statutory rights.