Terms of service
Orders, Payments and Cancellations
By paying a deposit or making full payment, the customer confirms their order and agrees to these Terms and Conditions. An order becomes binding when Fireplace Solutions Australia Pty Ltd sends the customer an order confirmation.
Many of our products are special-order goods that are ordered from the manufacturer or supplier specifically for the customer. Customers must check the selected product, model, size, colour, fuel type, configuration, accessories and delivery details before confirming an order.
We do not offer refunds or exchanges where the customer simply changes their mind, selects the wrong product, finds the product elsewhere for a lower price or no longer requires the product.
A request to cancel or change a confirmed order must be submitted to us in writing. We may approve or decline the request, subject to the Australian Consumer Law and any other applicable law.
Where a cancellation is approved and the customer is not otherwise entitled to a refund under the Australian Consumer Law, we may deduct the reasonable costs and losses we have incurred because of the cancellation. These may include non-refundable supplier charges, freight, handling, administration and supplier restocking fees. We will take reasonable steps to minimise these costs and will provide the customer with a breakdown upon request. Any remaining balance will be refunded to the customer.
No cancellation, handling, freight or restocking charge will be applied where doing so would limit a remedy the customer is entitled to under the Australian Consumer Law.
Collection of Goods
Customers must collect their goods within 10 calendar days after being notified that the complete order is ready for collection, unless another arrangement has been agreed in writing.
Goods that remain uncollected after this period may be moved into storage. We may charge a reasonable storage fee of $45 per week after giving the customer notice of that fee.
We will not dispose of uncollected goods merely because the 10-day collection period has expired. Any sale, disposal or other dealing with uncollected goods will be carried out in accordance with the Uncollected Goods Act 1995 (NSW) and any required notice periods.
The customer must inspect the goods at collection and ensure that all packages and components listed on the collection documentation have been received.
Delivery
Unless expressly agreed otherwise in writing, delivery is a curbside delivery service only.
Curbside delivery means delivery to a safe and reasonably accessible location at the boundary of the delivery address, as determined by the driver. It does not include carrying goods inside a building, navigating stairs, installing the goods, removing packaging or positioning the goods at their final installation location.
The customer is responsible for:
- providing accurate delivery details;
- ensuring suitable vehicle access;
- informing us beforehand about access restrictions;
- being present during the agreed delivery period; and
- providing sufficient people and equipment to move the goods safely after delivery.
If delivery cannot be completed because nobody is available, the delivery address is incorrect, access is unsafe or unsuitable, or relevant access restrictions were not disclosed, the customer may be charged the reasonable cost of storage, return freight and redelivery.
Any redelivery date will be arranged after the applicable redelivery charges have been paid.
Inspection and Transit Damage
Customers should inspect all packaging and goods as soon as reasonably possible after delivery. Any visible damage, missing packages or missing components should preferably be recorded on the delivery document and reported to us within 24 hours, together with photographs and the order number.
Customers should retain the product and its packaging and should not install or use a visibly damaged product until we have provided instructions.
Reporting damage within 24 hours assists us in making a prompt claim against the carrier or supplier. However, failure to report within 24 hours does not remove or limit any rights or remedies available under the Australian Consumer Law.
Where goods fail to meet a consumer guarantee, responsibility for inspection, collection, return freight and the available remedy will be determined in accordance with the Australian Consumer Law. Customers will not be charged restocking or return freight fees where those charges would improperly restrict an Australian Consumer Law remedy.
Manufacturer Warranties and Consumer Guarantees
Products may be supplied with a manufacturer's warranty. The length, coverage, exclusions and claim procedure for each manufacturer's warranty may vary and will be contained in the warranty documentation supplied with the product.
Manufacturer warranties operate in addition to the customer's rights under the Australian Consumer Law. They do not replace, exclude or restrict those rights.
Customers may contact Fireplace Solutions Australia Pty Ltd directly if they believe a product is faulty or does not comply with a consumer guarantee. We will not require a customer to deal exclusively with the manufacturer.
Depending on the circumstances and whether the problem is major or minor, the customer may be entitled to a repair, replacement, refund, cancellation or compensation under the Australian Consumer Law.
Manufacturer warranty coverage may be affected by incorrect installation, installation by an unlicensed person where licensed installation is required, misuse, unauthorised modification, failure to follow the manufacturer's instructions or lack of required maintenance. Nothing in this clause excludes any rights that cannot lawfully be excluded.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.
Where any provision of these Terms and Conditions is inconsistent with a mandatory right under the Australian Consumer Law, the mandatory right will apply to the extent of the inconsistency.