Terms & Conditions - Online Sales
1.0 VALIDITY
1.1 This quotation is open for acceptance for a period of 6 months from the date of quotation. Alessi Design Group may, at its option, extend this period by notification to the Customer.
2.0 FORMATION OF AGREEMENT
2.1 No contractual obligations shall arise until Alessi Design Group has;
2.1.1 Received from the Customer the accepted agreement of these Terms & Conditions and the payment as stated in the official quotation.
2.1.2 Prior to the occurrence either of the events in 2.1.1 Alessi Design Group may without incurring any liability whatsoever revise or withdraw its quotation.
2.1.3 In the event the Customer provides Alessi Design Group with a written Order, such an Order is subject to these terms and conditions.
3.0 ENTIRE UNDERSTANDING
3.1 The parties acknowledge that this quotation embodies the entire understanding and agreement between the parties as to the subject matter thereof.
3.2 All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this Contract will be merged in and superseded by this Contract and will be of no force or effect whatever and no party shall be liable to any other party in respect of those matters.
3.3 No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this Contract; or
4.0 PAYMENT TERMS
4.1 The Customer shall pay to Alessi Design Group 100% payment as stipulated at time of processing the online order.
4.2 Credit Card Details: All credit card payments are processed securely through the STRIPE Payment Gateway. Alessi Design Group does not store any credit card information on our servers.
5.0 LIABILITY
5.1 To the maximum extent permitted by law, Alessi Design Group will only be liable to the Principal under this agreement for the direct, proximate and foreseeable loss of damage suffered from a breach or default of any of its obligations under this agreement. Alessi Design Group will in no case whatsoever (including, but not limited to, negligence) be liable:
5.1.1 For any loss or damage that is indirect, remote or unforeseeable; or
5.1.2 For any consequential loss or damage, being loss or damage that does not occur directly and naturally in the ordinary course of events as a result of a breach of this contract including but not limited to, the loss of a benefit or gain and the incurrence of any expense; or
5.1.3 For loss of production, loss of revenue, loss of use, loss of contract, loss of goodwill or loss of profit arising from on in connection with the performance of this agreement.
6.0 EXCEPTED RISKS
6.1 Alessi Design Group shall not be liable for delay or failure to fulfil any of its obligations resulting directly from the following events including but not limited to:
6.1.1 Any negligent act or omission of the Customer, its employees and or agents,
6.1.2 Any events occurring on or before the date of completion for the works which are beyond the reasonable control of Alessi Design Group including but not limited to industrial conditions, inclement weather, shortage of suitable materials or parts
6.1.3 Any condition on the site or its surroundings affecting the ability to complete the works without delay which Alessi Design Group could not have reasonably foreseen.
6.1.4 Variations directed by the customer,
6.1.5 Directions or delays by municipal, public or statutory authorities.
7.0 RISK & OWNERSHIP
7.1 Risk of loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
7.2 Ownership of materials and equipment shall remain with Alessi Design Group, until payment of the full contract sum and any other monies due to Alessi Design Group under this agreement.
7.3 If payment is not made to Alessi Design Group by due date, the customer irrevocably grants to Alessi Design Group or (where necessary) agrees to produce for Alessi Design Group full and free licence to enter the site where the goods are installed and to repossess and remove the goods. The customer releases and indemnifies Alessi Design Group from and against all claims, demands, actions, liability, damages, loss, cost and expense whatsoever arising out of or in consequence of such entry, repossession and removal and any damage necessarily caused thereby.
8.0 ACCESS
8.1 Alessi Design Group’s proposal is based on a continuous work program, unless otherwise stated. If the Customer causes the Works to be delayed or delays are caused by any of the events stated above, then such extensions of time to the date for Practical Completion shall be granted.
8.2 Where Alessi Design Group has been granted an extension of time under this clause, the Customer shall pay such extra costs as are necessarily incurred by Alessi Design Group by reason of the delay.
9.0 WARRANTY
9.1 Alessi Design Group warrants all products for 12 months unless otherwise stipulated in official quote. Alessi Design Group provides warranty on workmanship, programming, and commissioning only. Product warranties are provided by the manufacturer or supplier of the product installed. This warranty does not apply if full payment has not been received by Alessi Design Group.
9.2 It is the responsibility of the Customer to test the functionality of the equipment at the time of commissioning. In the course of testing, should the Customer discover any faults, the Customer shall immediately inform Alessi Design Group so that arrangements can be made to remedy the fault.
9.3 Within 12 months of practical completion, Alessi Design Group shall replace faulty hardware at no cost to the Customer. After that period, any product related warranty claims will incur labour costs associated with the service call and charged according to the Alessi Design Group Schedule of Rates.
a) Motors are subject to individual manufactures warranties of 5 years.
b) Somfy products have a warranty of 5years
1. Service call fees, labour, scaffold, electrical are not included in this warranty – only Somfy parts
9.4 Alessi Design Group staff will only attend site for the purpose of service calls or works outside the specifications (including any warranty works) unless an official order is received by email.
10.0 DELIVERY
10.1 Product type, fabric colour or other specifications: An order is accepted based on all enclosed details on quote. The client fully understands the nature of the product, fabric colours, control positions, blind fixing positions and fabric coverage in relation to gaps. If not the responsibility is the clients to follow up – not Alessi Design Group. Sample images and colour swatches provided on website may not be a true representation of actual product supplied.
10.2 Date for Delivery: Any date specified by Alessi Design Group for delivery or installation is approximate only and is estimated as accurately as possible in good faith having regard to existing conditions, such as availability of fabric, parts, labour and favourable weather, for estimated timeframes on specific products refer to 10.2.1. Unless otherwise agreed in writing Alessi Design Group will not be liable to the customer for any failure to effect delivery or (where applicable) installation by the specified date, nor its consequences.
10.2.1 Product Delivery Dates are listed below and are from date of finalised measurement.
- Roller Blinds please allow 3 to 4 weeks
- Curtains please allow 5 to 6 weeks
11.0 SCHEDULE OF RATES
11.1 During standard operational hours 0800-1700, Monday-Friday, Alessi Design Group technical resources are charged at $195 + GST.
11.2 For after hours and weekend works, Alessi Design Group technical resources are charge at $200 + GST per hour.
11.3 For all service call requests the initial call out fee is $195.00 + GST
11.4 All spare parts required for service calls will be charged accordingly depending on the part/s required.
12.0 GENERAL EXCLUSIONS
12.1 Unless specifically stated in the proposal document and/or quotation, the following items are excluded from the Alessi Design Group scope of works:
12.1.1 Site allowances or site establishment
12.1.2 Trenching, digging, cable chasing, concrete cutting or road boring
12.1.3 Supply authority fees and charges
12.1.4 Patching/painting
12.1.5 Supply of telephone or broadband lead in cable
12.1.7 Supply of light fitting
13.0 RETURNS & REFUNDS
13.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
13.2 As all Products are custom made to the specifications in an Order and will be sent for manufacturing 48 hours after an Order is confirmed, Customers are only able to change or cancel an Order by contacting Alessi Design Group within 48 hours of placing an Order. Alessi Design Group cannot accept any change or cancellation to an Order once manufacturing has commenced.
13.3 Alessi Design Group will only accept the return of faulty or defective Products or Products that have been supplied incorrectly.
13.4 In order to facilitate a return under these Terms and Conditions, please contact us at admin@alessidesigngroup.com.
13.5 Returned Products must be returned in their original packaging with all accessories. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Products due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Products without their original packaging.
13.6 It is the Customer’s responsibility to ensure that returned items are returned safely. Alessi Design Group takes no responsibility for items lost in transit.
13.7 Where you are returning Products to us because of our failure to comply with a consumer guarantee, you must return the Products to us at your cost unless the Products cannot be returned, removed, or transported without significant cost to you because of:
(a) the nature of our failure to comply with the consumer guarantee; or
(b) the size, height or method of attachment of the Products.
Where you are returning Products to us, we take no responsibility for Products lost in transit.
13.8 Refunds may take up to 10 business days to be processed.