Made to Order / Custom Order Terms and Conditions:
By consenting to the terms and conditions you hereby understand that the items you are ordering a made to order items that are created specifically for your order. These items take time to create, and are typically completed between 1-2 weeks after your order is placed. Once your order is placed we do not allow alterations to sizing, material, style, font or images, nor do we permit refunds to be given in the event that these terms were overlooked and blindly agreed to. If you receive a custom/made to order item from us that is incorrect you may contact us with your invoice number as found in your invoice and the we will be happy to assist you. Please double check to make sure your order is correct before submitting payment! We will not provide a cash refund on custom orders unless permitted by law or otherwise stated in 4.3. Please make sure you select the correct size/design/colour prior to completing your order for custom or made to order products as the invoice constitutes the final description of the goods ordered .
The Purchaser agrees to pay the price specified in the FoamworldAU's tax invoice for any Goods invoiced on the date for payment specified in the tax invoice and if no date is specified, within one (1) calendar week after receiving the invoice. Failure by the Purchaser to pay the tax invoice for the Goods in accordance with clause 1, shall entitle FoamworldAU to immediately cancel all outstanding contracts, agreements or orders made or placed by the Purchaser, without incurring any penalty or liability for such cancellation.
2.0 Colour Matching
Due to the nature of the product supplied, it is not always possible to obtain an exact colour match with sample presentations or required colours. Although every effort is made to ensure colours correspond to those illustrated in the sample presentations, these are an indication of colour only and variations occur between batches and/or deliveries. Should a close colour match be required it is recommended that you provide us with a colour chart number with your preferred paint brand. Even then colour variations may still occur.
Deliveries will be made to the address nominated by the Customer for a delivery fee. If the Customer requests delivery of the goods to a third party, the third party must accept the goods for and on behalf of the Customer . Unless specifically requested, all deliveries within Australian will be made by a carrier nominated by FoamworldAU. If an alternative freight company is nominated by the Customer then the Customer will cover the expense of this option.
The Customer acknowledges that the capacity of FoamworldAU to deliver products is subject to external factors, persons and entities beyond the control of FoamworldAU and over which FoamworldAU has no control. The delivery times advised to the Customer are estimates only and FoamworldAU will not be liable for late delivery or non-delivery by a carrier. In no circumstances shall FoamworldAU be liable for any loss, damage or delay suffered by the Customer arising from late or non-delivery of goods.
4.0 INSPECTION OF PRODUCTS ON DELIVERY
4.1 Check all Products
It is important that the Receiver check on arrival that:
• The correct product has been received
• The colour is correct, and
• The quality and quantity are as ordered
4.2 Alteration or Cancellation of orders other than made to order items
All reasonable requests for changes or refund will be accommodated where possible.
If the Customer wishes to cancel or alter a made to order item, contact us via email on email@example.com.
If the order has already been processed a cancellation / restocking fee may apply as outlined in clause 4.3 below. If products have already been dispatched in addition to the cancellation / restocking fee the Customer may be responsible for return freight costs.
4.3 Return of Products:
No return for made to order items will be accepted without prior written approval from FoamworldAU. Unless there is a problem with the product i.e. defects, or error on FoamworldAUs behalf the Customer may be liable for the cost of return shipment of the product to FoamworldAU and subject to a cancellation / restocking fee of 50% of invoice value of the goods or $100 (whichever is the greater).
A return can only be accepted under the following circumstances:
• FoamworldAU is notified within a reasonable time of receipt of products.
• The product is returned in the same condition as supplied and products are securely wrapped for transportation. The return of products will NOT be accepted after the product has been cut, treated, marked and/or altered in any way.
• Products that have been specifically manufactured or designed for the Customer or custom made are not returnable, FoamworldAU, in its absolute discretion MAY agree to accept the return of custom made orders.
• When FoamworldAU has agreed in writing to accept a return the products are required to be returned within 7-days of this written agreement or otherwise agreed with FaomworldAU or as permitted by law.
All quotations are without guarantee, expressed or implied that the products will be suitable for a specific purpose.
IMPORTANT – Notwithstanding, to the extent lawfully permitted, FoamworldAUs liability is further limited to a sum not exceeding the invoice price of the products, and the Customer acknowledges that all products are supplied on this basis.
All our quotations are valid for 1 week of the quotation date.
6.0 FoamworldAU Not Liable For Consequential Damages
The Customer further acknowledges and agrees that in no circumstances shall FoamworldAU be liable for any consequential losses or damages suffered or incurred by the Customer as a consequence of a breach by FoamworldAU of any term or condition on its part to be performed or of any warranty notwithstanding that FoamworldAU may have been given notice by the Customer of the prospective consequential losses or damages the Customer may suffer or incur as a consequence of such breach.
7.0 RISK & TITLE
The risk in the products shall pass to the Customer upon delivery to the Customer or to any carrier or agent acting on the Customer’s behalf. For the purpose of this provision, when FoamworldAU has agreed to deliver the products to the premises of the Customer, its carrier or agent, as the case may be, delivery shall be deemed to have been effected upon the entry of the carrier onto such premises and thereafter the products shall be at the Customer’s risk, including without limitation during the off-loading of the products from FoamworldAUs carrier. Or in the event of the products being picked up from the premises of FoamworldAU, the risk in the products shall pass to the Customer on leaving the premises of FoamworldAU.The purchaser agrees that, FoamworldAU has not given any warranties or made any representations as to the suitability of the Goods for any purpose and no previous supplies or purchases of Goods by the Buyer from FoamworldAU is indicative that the Goods are of a particular quality or type or suitable or fit for a particular purpose.
7.2 Property / Ownership
Property in the products shall not pass to the Customer until full payment has been received by FoamworldAU. The Customer agrees that FoamworldAU is authorised to enter the Customer’s premises and repossess the products (or any FoamworldAU products in lieu, even if previously paid for) if the Customer fails to comply with the terms of payment.
8.0 Intellectual Properties, Design Rights and Copy Rights
FoamworldAU will retain all copyright and other proprietary rights in any of the FoamworldAU’s confidential information and any of the FoamworldAU’s material, including documents, drawings, certifications and instructions provided to the Purchaser. FoamworldAU reserves the exclusive right to manufacture or distribute them. Any reproduction of these designs, in any form, including but not limited to foam products, plastic products, perspex products, foam polystyrene products infringes FoamworldAU rights and that infringement will be prosecuted. The Purchaser must not use any of the FoamworldAU's intellectual property including copyright, patents, trademarks, logos, know-how and any other type of intellectual property belonging to the FoamworldAU without the prior written consent of the FoamworldAU (such consent may be granted or withheld in the FoamworldAU’s absolute discretion). If the FoamworldAU grants its consent to the Purchaser, the Purchaser must not disclose, transfer, transmit or otherwise make available to any third party in any manner or form, any material or their contents or any information relating to them or the Goods without the FoamworldAU’s written consent.
To the extent of any inconsistency in this Contract, these terms and conditions of sale prevail, and the other terms and conditions in all Collateral Documents are to be construed so as to give paramount effect to the terms and conditions of sale.
FoamworldAU is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including [correspondence, by telephone and facsimile, by email, via our website www.foamworldau.com.au from your website, from media and publications, from other publicly available sources, from cookies] and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
FoamworldAU will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
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