1. The following only applies if you are a “Consumer” as defined in Section (3) of the Australian Consumer Law. It may not apply in your particular case.
2. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.1. Some goods you purchase from us may come with the additional warranties below. These are in addition to the other rights and remedies available to you under the Australian Consumer Law.
3.2. These additional warranties are offered by Artspire home having regard to the nature, design and features of the goods. For example, if the goods are of a rustic or organic nature, then surface details may vary from imagery and display models. Where natural materials are used in the manufacturing process or are handmade, minor variations will occur from piece to piece. Such variations as a result of the nature of the goods are not considered defects under this warranty.
3.3. Any additional warranties below do not apply to:
3.3.1. defects or damage resulting from negligence, abuse or misuse, including (but not limited to) inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear-and-tear; 3.3.2. the fabric or leather coverings of goods or furniture or cane/wicker furniture (unless the terms of sale expressly say so); 3.3.3. any failure by you to follow the Artspire home Care Instructions or manufacturer’s instructions or specifications; 3.3.4. if a product is relocated from its original delivery location by transporters not approved by Artspire home or the relocation caused damage due to improper packaging and transporting; 3.3.5. any furniture which has been exposed to Extreme Use (Extreme Use is damage caused by more than ‘normal wear and tear;’ or spills such as acid, solvents, dyes, or other corrosive materials, ink, paint or body fluids; moisture of any kind, improper cleaning techniques or placing furniture outdoors, in close proximity to heat or in direct sunlight); 3.3.6. any work or installation carried out on the item by a contractor or third party not approved in writing by Artspire home.
Other Manufacturer’s Warranties
4.If a separate or additional manufacturer’s Warranty applies, then Artspire home will advise you of its details.
Definitions and Types of Warranties
5. The following warranties will be available to the relevant goods purchased from Artspire home, unless the description of the good or product specifies otherwise.
These words have the following meaning in the table below.
“Commercial Use Furniture” means furniture for business, commercial, industrial, hospitality or any non-residential purpose or use.
“Furniture” includes furniture used for personal, domestic or household use or consumption but excludes Commercial Use Furniture.
“Ex-Rental Stock” means certain goods which are second-hand, used or ex-rental.
“Factory Second Stock” means certain goods that: (1) due to a fault or imperfection (e.g. cosmetic issues such as scratching or denting; (2) could be an ex display model or floor stock; and is sold at reduced price.
The same warranties and criteria in the table apply to the purchase of Ex-Rental Stock, however, the warranty for Ex-Rental Stock will be subject to implied guarantees as well as to the state of repair of the Ex-Rental Stock item at the time of sale. The purchaser also acknowledges he or she has seen or examined the Ex-Rental Stock prior to purchase or noted the description of the goods including the goods state of repair. Not all Ex-Rental Stock will come with an Ex-Rental Stock Warranty – this will depend on the condition of each item.
“Structural Warranty” means a warranty relating only to the frame or internal structure of a product (and excludes any surface, decoration, fabric, cracks or finish of a product).
Remedies & Solutions
6. Artspire home cannot give an exact timeframe by which a product will be repaired (if capable of repair) but will do so (if capable of repair) within a reasonable time.
7.1 Certain legislation, including Schedule (2) of the Competition and Consumer Act 2010, imply guarantees and impose obligations upon Artspire Home, which cannot be excluded, restricted or modified. Where such statutory provisions apply to the extent which Artspire Home is entitled to do so, its liability shall be limited at its option to; (i) in the case of supply of Goods, the replacement of the Goods or supply of equivalent Goods; or (ii) the payment of the cost of replacing the Goods or acquiring equivalent Goods; or (iii) the payment of the cost of having the Goods repaired; or (iv) the repair of the Goods. 7.2. Where such statutory provisions apply and to the extent to which Artspire Home is entitled to do so, its liability shall be limited at its option in the case of the supply of services, to: (i) the supply of the services again; or (ii) payment of the cost of having the services supplied again.
To claim under any of the above Warranties
8.1. To be entitled to claim under any of the above warranties you must: (i) Should a defect or imperfection appear in the item within the period specified in the table in paragraph 5 above, stop using the item immediately. To make a claim under this warranty you must, before the warranty period expires: (ii) call the Artspire Home Representative on the number available from any of our staff and provide the receipt or proof of purchase, details of what you consider the defect to be and the circumstances in which the defect appeared and all other relevant communications in respect of the Warranty claim or goods. (iv) be mindful that the reasonable expenses you incur in claiming under a Warranty will be borne by Artspire Home. You can claim these expenses providing you raise them at the first opportunity when you make a claim and by subsequently forwarding to Artspire Home all invoices reflecting such expenses within seven (7) days.
(v) We will then inspect and determine whether the item is defective and if, acting reasonably, we agree the item is defective and the warranty responds, we will provide the remedies identified in paragraph 7.1 above.
If Purchaser is an Interior Designer
9.1. Where the purchaser is an Interior Designer, the Interior Designer warrants to Artspire Home that they will not make any representation to their customer to the effect that the Interior Designer is an agent for Artspire Home. In addition, the Interior Designer will not offer any Warranty beyond that which already applies to the contract for sale between Artspire Home and the Interior Designer. 9.2. If the purchaser is an Interior Designer, then the Interior Designer is responsible for payment of the goods, not their own customer.