WEBSITE TERMS & CONDITIONS OF USE
- About the Website
(a) Welcome to www.formedesign.com.au (the ‘Website‘). This ecommerce website exists to display and make available to purchase and or enquire about Forme furniture, decor and design services; as well as represent the functional association and partnership between Eclat (the ‘Products ‘).
(b) The Website is operated by FORME DESIGN PTY LTD (ABN 71 652 788 086). Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
ECLATCV PTY LTD exists as an operational partner and partial stakeholder of FORME DESIGN PTY LTD.
(c) FORME DESIGN PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FORME DESIGN PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by proceeding to make a formal enquiry via the user interface.
- Design & Sales Engagement
(a) Order Confirmation – Following the initial enquiry, design engagement and finalisation of a quote provided by Forme Design; an order confirmation will be forwarded to you in acknowledgment containing payment request for deposit payable. This document and payment forms a contractual commitment and supersedes all prior correspondence in relation to your order (verbal, written, graphic, or otherwise).
(b) Changing your Order – Every Forme item is handcrafted to the specific size and finishes you have selected so whether or not an order can be changed depends on how far it has progressed in production. Once your order has been confirmed and proceeded to production, any request for changes must be sent in writing. We will do our best to assist to help but cannot guarantee that changes can be made. Variations agreed to by Forme may incur additional costs.
(c) Cancelling your Order – Once your order has been confirmed and deposit paid any cancellation request must be sent in writing. As each furniture piece is handcrafted to your specific fabric and finish choices, the cancellation will incur charges which vary depending on the status of production and how far the order has progressed.
(d) Lead Times – All furniture pieces are made to order. Lead times vary through the course of the year with peaks in demand. Please note, shipping and delivery times vary depending on your location. Please contact us to gain an approximate shipping time to your destination. Once your order has been received and has progressed into production, our team will advise an estimated completion date by email.
- Consultation
(a) Design Consultation – Forme offers a personalised in-house or in business furniture selection and styling service. One of our experienced consultants can visit your home to discuss your vision, needs, and individual style. We can work with you to create a beautiful, resolved space in line with your lifestyle and personal aesthetic; and offer introduction to partnering firms to assist with a range of custom joinery, cabinetry, decor and fixed interior design elements.
- Payment & Refunds
(a) Payment process – To confirm your order you will receive a payment request for deposits payable. This document and payment receipt is a contractual commitment and supersedes all prior correspondence in relation to your order (verbal, written, graphic, or otherwise). This form of payment is made via bank transfer.
(b) Refunds – Please choose carefully and consider your intent to purchase as we do not offer refunds for change of mind. All items are quality controlled and checked for any faults before being dispatched. However, should you receive an item that is faulty or damaged, please contact us immediately to arrange a resolution.
(c) Exchanges – Forme does not offers exchanges or credit notes. All sales are final and cannot be exchanged or refunded.
- Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of FORME DESIGN PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FORME DESIGN PTY LTD or its contributors.
The sole exception pertains to ECLATCV PTY LTD wherein all rights (including copyright) in the Eclat brandmark including but not limited to text, graphics, logos, button icons, video images, audio clips are the sole property of ECLATCV PTY LTD.
- Privacy
(a) FORME DESIGN PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to this Privacy Policy, which is available on this Website.
- General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) FORME DESIGN PTY LTD nor ECLATCV PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FORME DESIGN PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FORME DESIGN PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of FORME DESIGN PTY LTD; and
(iv) the Services or operation in respect to links which are provided for your convenience.
- Limitation of liability
(a) FORME DESIGN PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that FORME DESIGN PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Indemnity
(a) You agree to indemnify FORME DESIGN PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
- Dispute Resolution
(a) Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the entity or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Victoria, Australia.
(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation
If 15 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
(a) The Services offered by FORME DESIGN PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Forme® FORME-002 Terms & Conditions: Revision 1 – Effective Date: 25th Feb 2024