Terms and Conditions
Welcome to HEQS Commercial Pty Ltd's (“HEQS” or “Company” or “us” or “we” or “our”) website (the “Site”). These Terms and Conditions of Use (“Terms”) outline the terms of our relationship with you the Customer. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them and all applicable laws and regulations.
Your consumer rights
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.
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded.
Return Policy
If a product has a manufacturing fault, HEQS will repair, replace or refund it in line with your rights under the Australian Consumer Law. We do not otherwise accept returns for change of mind, ordering the wrong item, or minor variations in colour or texture from on-screen images or due to handcrafted elements.
Where we agree to a change-of-mind return, items must be unused and in their original packaging, and we will confirm any restocking and freight charges in writing before you return them.
Shipping
HEQS will give estimated delivery dates and use its best endeavours to meet them. Delivery dates are estimates and can move because of supplier, freight or seasonal delays; we will keep you informed.
All deliveries are to the kerbside or street level only. In the event that there are additional delivery requirements, please contact us for a quote as additional charges will apply.
All deliveries take place during standard business hours. If you are unable to accept a delivery please let us know because additional re-delivery charges will apply.
Please be aware that if your order contains multiple products, the products may ship from different locations and may not arrive at the same time.
Delivery charges for orders delivered as ordered are not refundable, except where the Australian Consumer Law requires.
Free Metro Shipping
Our free metro shipping offer currently includes: Sydney, Melbourne, Brisbane, Canberra, and Adelaide. If you are in a metro area outside these cities, we are sorry to exclude you from this offer at this stage. We look forward to including more Australian cities in the future.
Damage in transit and product faults
Please check your delivery on arrival and tell us about any transit damage or fault as soon as possible, ideally within 7 days, with photos and a short description. Reporting early helps us inspect and fix the problem quickly. It does not limit your rights under the Australian Consumer Law.
Email us at warranty@heqs.com.au with a description of the fault or damage and photos showing it. Please keep the original packaging where you can, and contact us before sending anything back so we can arrange inspection or collection.
HEQS is not responsible for damage caused by misuse, tampering, modification, incorrect assembly by others, or malicious damage after delivery.
Outdoor Use
Not all products are suitable for outdoor use. Only products specifically described as outdoor products are suitable and covered by our warranty for outdoor use; each product page states whether a product is suitable for outdoor use. Using indoor products outdoors is at the customer’s own risk.
Cancellations
Please contact us in writing as soon as possible if you need to cancel or change an order. Orders for custom-made, special-order or imported goods may not be able to be cancelled once production or shipping has started.
Where we agree to a cancellation, we may charge reasonable costs we have actually incurred, such as restocking, freight or supplier cancellation fees. We will tell you the amount in writing before the cancellation is confirmed.
We may cancel an order if goods become unavailable, if there is an obvious pricing error, or if payment is not received. If we cancel, we will refund any amount you have paid for the cancelled goods.
Limitation of Liability
If any products are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies, and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation HEQS limits its liability to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods, or supplying replacement parts, or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced or providing replacement parts.
To the extent permitted by law, HEQS is not liable for indirect or consequential loss, including loss of profit or business interruption, arising from delays in supply that are outside its reasonable control.
HEQS is not liable for default or failure in performance of its obligations resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond the reasonable control of HEQS.
Warranties
In addition to your rights under the Australian Consumer Law, HEQS provides a structural warranty against manufacturing faults and defects for the period stated on each product. The warranty does not cover:
- General wear and tear.
- Misuse, neglect or abuse of the goods.
- Damage caused by improper storage.
- Minor cracks and scratches.
- Variations in paint over time, including discolouration, scratches, bubbling, fair wear and tear.
- Use of cleaning products not recommended for the product type.
- Incorrect assembly by the user.
- Replaceable parts and optional accessories, for example cushions, feet and screws.
- Transportation costs for goods picked up from store or warehouse.
To make a warranty claim:
- Contact us at warranty@heqs.com.au with your order details, a description of the problem and photos.
- Give HEQS, or its representatives, reasonable access to the goods for inspection and rectification.
- Please do not repair or alter the goods before we have assessed the claim, and use and maintain them in line with the manufacturer’s recommendations.
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. The benefits of our warranty are in addition to these rights. Warranty claims: HEQS Commercial, 45 Justin Street, Smithfield NSW 2164, (02) 8740 5642, warranty@heqs.com.au. You bear the cost of claiming under this warranty except where we agree otherwise or the law requires.
Images
Images used in this website are for general reference only.
