- Terms & Conditions
Terms & Conditions
By placing a purchase order using this website, you agree to the following terms and conditions. We reserve the right to change or modify any of the terms contained in these terms and conditions at any time. Any such modifications or changes will immediately become effective upon posting of such changes.
1.1. ‘We’ refers to Jason Agustina Australia Pty Ltd A.C.N. 603 436 246 as trustee trading as North Hem. ‘You’ refers to the purchaser.
1.2. Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
2. Payment & Delivery
2.1. Full payment is required upon placement of your order. Payment must be made by credit card (visa or mastercard) and/or paypal, or as we nominated from time to time.
2.2. Delivery and dispatch timeframes communicated by us are estimates only. In no event shall we be liable for delayed deliveries or non-delivery.
2.3. We may at our option deliver the goods to you in any number of instalments.
2.4. If we deliver any of the goods by instalments, and any one of those instalments is defective for any reason:
(a) this does not constitute a repudiation of the contract of sale formed by these conditions; and
(b) the defective instalment is a severable breach that gives rise only to a claim for compensation.
2.5. We will only deliver the goods to the front door of your building. If you require goods to be taken up stairs (because, for example, you live in an apartment), you will need to contact us before placing your order to discuss delivery options.
3. Loss or Damage in Transit
3.1. We are not responsible to you or any person claiming through you for any loss or damage to the goods in transit caused by any event of any kind or by any person (whether or not we are legally responsible for the actions of that person).
3.2. We must provide to you such assistance as may be reasonably necessary to institute claims against a carrier for damages to goods in transit so long as you:
(a) notify us and the carrier in writing immediately 3 business days after loss or damage is discovered on receipt of goods; and
(b) serve a claim for compensation on the carrier within 3 business days of the date of receipt of goods.
4.1. We reserve the right to charge a reasonable fee for storage if delivery instructions are not provided by you within 14 days of a request by us for such instructions. You agree that we may charge for storage from the first day after we request you to provide delivery instructions.
4.2. You authorise us to charge any such fee to your credit card according to the details provided to us on your purchase order form.
5. Returns & Refunds
5.1. Except for any provisions to the contrary contained in this agreement, we are not under any duty to accept goods returned by you and will do so only on terms to be agreed in writing in each individual case.
5.2. If we agree to accept returned goods from you under clause 5.1, you must return the goods to us at our place of business (as advised by us to you in writing).
5.3. Returns will only be accepted if the product is in its unused new condition and in its original packaging.
5.4. We will deduct the original delivery and pickup charge from your refund. The pickup charge is the same as the delivery charge.
6.1. The manufacturer’s warranty (no less than 12 months after the date of purchase) concerning the goods is accepted by you and is the only guarantee given to you in respect of the goods. We agree to assign to you the benefit of any warranty (including any extended warranty offered by the manufacturer) or entitlement to the goods that the manufacturer has granted to us under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
6.2. We are not liable for and you release us from any claims in respect of faulty or defective design of any goods supplied.
6.3. Except as provided in these terms and conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of our negligence or in any way.
7. Consumer Guarantees
7.1. Our liability for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law (as amended from time to time) is limited to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
8. Indemnification of Suppliers by Manufacturers
8.1. Our liability under s 274 of the Australian Consumer Law is expressly limited to a liability to pay to you an amount equal to:
(a) the cost of replacing the goods;
(b) the cost of obtaining equivalent goods; or
(c) the cost of having the goods repaired, whichever is the lowest amount.
9. Product Descriptions
9.1. Although we endeavour to be as accurate as possible, we do not warrant that product descriptions or other content on our website is accurate, complete, reliable, current, error-free or of the same colour. If a product offered is not as described, your sole remedy is to return the product in its unused condition according to our Returns Policy (separate document?).
10.1. No order may be cancelled by you except with our written consent. In the event of a cancellation of the order by you, we have the right to claim indemnity against all losses suffered by us as a result of such cancellation.
11. Force Majeure
11.1. If by reason of any fact, circumstance, matter or thing beyond our reasonable control, we are unable to perform in whole or in part any obligation under this agreement then:
(a) we are relieved of that obligation under this agreement to the extent and for the period that we are unable to perform such obligation; and
(b) we will not be liable to you for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.
12. Governing Law
12.1. This agreement is governed by the laws of Queensland, Australia.
13.1. The parties submit to the jurisdiction of the courts of Queensland, Australia and any court competent to hear appeals from those courts of first instance.