Freedom Furniture Australia Pty Limited ACN 051 493 764 or, if purchasing from a Freedom franchisee, the company identified by company name and/or ABN on the front of the customer invoice (“Freedom” or “we” or “us” or “our”) is fully committed to respecting your privacy.
All product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
Delivery costs will also be charged on orders delivered to you. Further details on delivery are set out in the Delivery section below.
Full payment for products must be made at the time of purchase or, if agreed by Freedom, a deposit may be paid with the remaining payment made prior to delivery being arranged.
REFUSAL OF A PURCHASE
We may refuse to proceed with a purchase or any part of your purchase without liability to you for that refusal to proceed if:
a. a product in that purchase is not available; b. there is an error in the price or the description of a product in that purchase; or c. the purchase triggers fraud prevention protocols.
For each order accepted by us, we will supply the product(s) in that order to you in accordance with these Terms & Conditions.
You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, Freedom may charge storage fees of $50 per delivery per week and/or cancel your order.
Delivery charges and estimated times will depend on where your product is being delivered.
Products can only be delivered within Australia.
It is the customer’s responsibility to ensure correct delivery address and access details are provided to Freedom.
We will use all reasonable endeavours to meet the estimated delivery date, however you agree that Freedom is not and will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.
Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present.
RISK AND TITLE
Risk in Freedom products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Freedom of full payment by either cash or clearance of funds into our bank account.
ADVICE AND TECHNICAL INFORMATION
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products is given in good faith and is believed by Freedom to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products supplied by Freedom is approximate only.
FREEDOM WARRANTY AND CONSUMER GUARANTEES
Freedom Warranty: Freedom provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale.
The period of the Warranty will be:
(a) 10 years for upholstery frames (including sofas, daybeds, chaise, armchairs and recliners, and excluding occasional chairs, dining chairs and bar stools); (b) 2 years for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms), pendant lights and any other product which Freedom identifies in writing as attaching this Warranty; and (c) 1 year for all other products.
This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: Subject to the Australian Consumer Law, this Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:
(a) Repairs to a product are made or attempted by a service provider other than one approved by Freedom. (b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions. (c) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure. (d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories. (e) The product is tampered with in any way. (f) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Mattress warranty: Freedom will pass on any warranty on a mattress provided to it by a mattress manufacturer to you. The warranty period is as specified by the manufacturer.
Consumer guarantees: 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 for 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Freedom Warranty apply to the consumer guarantees.
Consumer guarantee remedies: If there is a major failure with the product, the customer is entitled to:
(a) reject the product and get a refund; (b) reject the product and get an identical replacement, or one similar in value if reasonably available; or (c) keep the product and obtain compensation from Freedom for the drop in value of the product caused by the major failure.
If there is a minor failure with the product, the customer is entitled, at the election of Freedom, to:
(a) a refund of the cost of the product; (b) replacement of the product; or (c) have the product repaired within a reasonable time.
Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Freedom is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
HOMEWARES CHANGE OF MIND POLICY
For homewares products (excluding upholstered and furniture products, clearance and sale products, products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product) collected and paid for at the time of purchase in store, in addition to the remedies available under the Freedom Warranty and applicable statute (including the Australian Consumer Law), if you change your mind you may return the product within 7 days of the date of purchase provided that the product is returned in its original condition, is in its original unopened and sealed packaging, and is accompanied by proof of purchase (the sales receipt or another acceptable form of proof of purchase).
Except as set out above, Freedom will not accept a request for cancellation if you simply change your mind, unless Freedom chooses to do so at its absolute discretion.
If Freedom does accept a request for cancellation simply due to a change of mind, the customer must pay an amount to Freedom which in Freedom’s reasonable view reflects the loss that Freedom will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). Freedom will set off this amount against any moneys already paid to us by the customer for this product, and refund the balance. For any cancellation charges over and above what has already been paid to Freedom, the customer must pay such amounts to Freedom within 7 days of Freedom’s request to pay.
Made to order stock: Notwithstanding any other provision of these terms and conditions, orders for products which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer cannot be cancelled or returned if the customer decides they no longer want the products simply due to a change of mind.
HOW TO MAKE A CLAIM
To claim under the Warranty or a consumer guarantee, you must:
You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Freedom reserves the right to charge an upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Freedom determine you have a valid claim.
If you are requested to return the product to Freedom for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or other address advised by Freedom. If the product cannot be returned easily because of its size or height, Freedom will arrange and pay for the transportation of the product. If Freedom determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If Freedom determines you do not have a valid claim, you must reimburse Freedom for any transportation costs that Freedom has paid and any return transportation costs.
Freedom will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you. We will do our best to resolve the issue in a timely manner. For any queries please call:
The Freedom In-Store Customer Terms & Conditions form a binding legal agreement between you and Freedom in regards to your in-store purchases from Freedom. The Freedom Online Customer Terms & Conditions apply to online purchases from Freedom, and can be found on the Freedom website at www.freedom.com.au.
Products are suitable for domestic use only unless otherwise specified.
We may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on the Freedom website at www.freedom.com.au and making the terms and conditions available in store. The amended agreement will take effect from the time of posting on the website.
If any part of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions will continue to be enforceable and valid.
These Terms & Conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in the State or Territory in Australia where the products are purchased.