Terms & Conditions
www.makerandson.com.au is operated by Maker&Son Pty. Ltd ACN 626 242 626. You can contact us by email via email@example.com, or by phone on +61 (0) 452 549 307.
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, conditional 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 and Conditions”, “Terms”), including those additional terms and conditions and policies referenced in these Terms and/or available by hyperlink.
These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. In these Terms, any references to “you”, “your”, “yours” is a reference to users of the site as described above.
Any reference to ‘Products’, ‘items’, ‘goods’ or ‘order’ is a reference to the Products designed by us and supplied to you as part of the contract for the sale of goods or offered or advertised on our Site. Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
Please read these Terms carefully before accessing or using our website, and before you submit an order to us. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms of this agreement, then you may not access the website, order from us or use any services and you should immediately navigate away from our Site. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
1. OUR PRODUCTS AND SERVICES
1.1 We continuously 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 The measurements of all Products made by us will be as accurate as possible, but are approximate.
1.3 A Bespoke Order is an order for a product custom made to your specifications and/or requirements (e.g. using your own material and/or measurements). If we are making the product to measurements you have provided, you are responsible for ensuring that these measurements are correct. The final dimensions of the finished Product will be within 2cm of the requested measurements.
1.4 It is your responsibility to check that all of the details on the order form are correct, including the exact specifications of the Products and delivery details.
1.5 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.
1.6 We will endeavour to match the colour and texture of the fabric of your sofa to the samples chosen as accurately as possible, but batch variations in both the colour and texture may occur. 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.
1.7 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
1.8 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.
1.9 We do not 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.
1.10 After delivery, we do not 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).
2. PRICES AND PAYMENTS
2.1 The price of the Product will be as quoted on our site from time to time, except in cases of obvious error. All prices include GST, unless stated otherwise, at the prevailing rate.
2.2 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.
2.3 At the point of order, deposits of 20%, 50% or 100% of the total order value are accepted. If you opt to pay a 20% deposit at the point of order, we will contact you 21 days later and require you to pay a further 30% of the total order value. The remaining 50% balance is required one (1) week before delivery. If you opt for a 50% deposit at the point of order, we will contact you one (1) week before delivery to collect the remaining balance. Products will not be delivered until full payment is received.
2.4 We accept the forms of payments that are stated on our website during the online purchase process.
2.5 The contract for sale for the Product/s arise/s once we have (1) accepted the order, evidenced by a return email confirmation and; (2) received a valid payment or deposit in accordance with clause 3 (credit card charge, debit card payment details or bank transfer).
2.7 We reserve the right to refuse any order for any Product
3.1 Our delivery fees are either stated at the time you confirm your order or when we confirm your order by return email.
3.2 Our nominated delivery agent will notify you when your Products are available and will contact you to arrange a date for delivery to the address specified by you. You will be provided with an estimated delivery time slot approximately 24 hours before delivery, once the delivery route has been planned.
3.3 You are required to take delivery on the date you have agreed with our delivery agent. If you cancel the delivery later than 8am 2 days prior to your delivery date, we reserve the right to charge you for the cost of redelivery in addition to the delivery cost you have already paid.
3.4 If you are not available to accept the delivery when our delivery agent arrives at your address within the advised time slot, we reserve the right to charge you an additional redelivery fee and the cost of storing the Products until they can be delivered. This payment must be paid before redelivery.
3.5 Time of delivery is indicative and is not guaranteed. We will not be liable for any loss or damage including any direct or indirect loss of profits or other financial loss or damage incurred by you through any delay.
3.6 We reserve the right to charge you storage fees if you fail to accept delivery of the Products within 14 business days of being notified of that your Products are ready for delivery. Payment of fees for a failure to take delivery in accordance with this clause must be made before delivery. If you do not pay these storage fees we reserve the right to cancel your order and refund you less the storage fees, unless the Product is a Bespoke Order where we will not give you a refund.
3.7 We are not liable for any act or omission of our delivery agent (they are outside our control).
3.8 Our nominated delivery agent will reasonably endeavour to deliver items to one room of your choice. Once delivered to that room the delivery agent is not obligated to move the Products to any other room or position. 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.
3.8 Any potential issues with delivery due to access must be raised at the point of order. 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. You may be liable for any costs incurred in remaking the frame to permit delivery. You will also have to pay the cost of re-delivery and/or storage. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations of Australian laws.
3.9 Delivery charges do not include allowance for the removal of windows, doors or other fixtures.
3.10 At the time of delivery the Products will usually be unpacked and assembled, unless otherwise specified by you. 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 taken delivery.
3.11 You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with our delivery agent. The delivery agent will direct all complaints and issues with the Product to us.
4. RISK AND TITLE
4.1 The Products will be at your risk from the time that you sign that the Product has been delivered.
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and/or storage charges (if any). We reserve the right to enter into the premises where the Product is located and you grant us that right to so enter, to recover and take possession of the Product in the event that, despite demand, you have not paid all monies owing to us.
5. WARRANTIES AND GUARANTEES
5.1 The provisions of this clause 5 apply in addition to your statutory consumer under the Australian Consumer Guarantee laws.
5.2 We provide the following limited warranties to the person who ordered and paid for the Product:
5.3 For the first five (5) years after your purchase your Product, Maker&Son will be responsible for the cost associated with the transport of the defective furniture where a warranty covers the defect.
5.4 From year six (6) and continuing for the duration of the warranty period, you will be responsible for the cost associated with the transport of the Product for the purposes of this warranty.
5.5 This warranty does not cover fabric fading caused by stains from spills including but not limited to acids, solvents, dyes, ink, paint, other corrosive chemicals, bodily fluids, exposure to sunlight, bright light or extreme heat. Use of any aftermarket soil or leather protector not approved by Maker&Son in writing will void this warranty. Colourfastness and durability of Fabric Covering are also excluded from the warranty.
5.6 These warranties do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party or any use of the Product other than in accordance with our directions of use.
5.7 To make a warranty claim you must have the original purchase receipt or a copy of the original purchase receipt. This warranty commences on the date of delivery.
5.8 To initiate a warranty claim, a return, or report a product damaged in transit, please contact us at firstname.lastname@example.org
6. REFUNDS AND RETURNS
6.1 Subject to the rest of this clause 6, you have the right to cancel these Terms and return Products from our Standard range at any time before delivery, or within 14 days from the day you take delivery of the Product. We will refund you for the purchase price of Product(s), subject to the limitations below. If our delivery agent delivered the Product, we will also refund the delivery charge.
6.2 Bespoke orders of Products cannot be cancelled, either before or after delivery. A bespoke order may not be returned and cannot be refunded, unless it is accepted under a warranty claim.
6.3 If you place a bespoke order it is generally put into Production within 24 hours of Maker&Son receiving the signed order form; changes to the order may not be possible or may incur an additional cost. It is your responsibility to confirm the accuracy of any bespoke orders.
6.4 If you wish to return the goods in accordance with clause 6.1, we will apply a charge for the collection of the goods which will be equal to, if not more than the original delivery charge paid by you. Maker&Son will collect the goods from the address to which we originally delivered the Products.
6.5 Items returned because we accept that it is damage or fault caused by the manufacture will have no collection charge.
6.6 Products must be returned to us under clause 6.1 in like new condition in order to qualify for a full refund of the purchase price. 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. To minimise the risk of any such claim we recommend that you return the goods in the original or appropriate packaging.
6.7 Standard Products with Customer Supplied Coverings are refundable but you will bear the cost of the making up the cover, and the cost of the material itself.
6.8 If you wish to exercise your right to cancel an order, please email us at email@example.com.
7. CUSTOMER OWN MATERIALS
7.1 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’.
7.2 We may refuse to use any Customer Own Material which we deem to be unsuitable for purpose of manufacturing your Product.
7.3 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.
7.4 Customer Own Materials are 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.
7.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
8.1 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.
8.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
8.3 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.
8.4 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.
8.5 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).
9. WEBSITE ACCURACY
9.1 The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
9.2 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 reach 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 9.3 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).
9.3 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
9.4 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.
11. APPLICABLE LAW
11.1 These Terms and Conditions of Trading are governed by and are to be construed in accordance with the laws of Victoria Australia.
12. COMPLAINTS AND FURTHER INFORMATION
12.1 Any further information or clarifications you may seek, or any complaints you wish to make in regards to these terms and conditions or our online properties can be sent to: firstname.lastname@example.org