Terms

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.

Return Policy

If a manufacturing fault is present, HEQS will gladly replace or fix the item(s). Please note that if a manufacturing fault is present - HEQS must be notified in writing within 2 days of your receipt of the product. We do not accept returns for items for any other reason, including but not limited to changing your mind, due to colour variations from screen image or variations in product colour or texture due to handcrafted elements to an item. We do not accept returns for delays in product lead times, delays in shipping, or delays in supply of your order caused by any reason.

Shipping

HEQS may provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained.

All deliveries are to the kerbside or street level only. In the event that there are additional delivery requirements, please 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.

Shipping costs are non-refundable as we utilise third party couriers.

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.

Damages

Unfortunately products are occasionally damaged in transit.

If you notice that a product is damaged after it has been shipped to you, please take photos clearly showing the damage and email us at support@heqs.com.au within 2 days of receiving your shipment. If we are notified later than 2 days after you receive the products, we will not be able to repair or replace the items.

If we determine that the product was damaged in transit, the type of remedy we offer will depend upon the circumstances. We will determine the outcome at our sole discretion and may offer a repair, compensation, replacement, or refund.

Outdoor Use

Not all products are suitable for outdoor use – therefore; only products which are specifically categorised as ‘outdoors’ are suitable and covered by warranty for this use. On each product page under the heading'Specifications' it will advise if a product is suitable for outdoor use. In saying this, several of our clients choose to use our tables and seating outdoors but this is at their own risk.

Product Issues

If your product arrives with a fault or issue, please email us the photos within 2 days and clearly explain to us what the fault or issue is. If we are notified later than 2 days after you receive the items, we will not be able to resolve the issue, repair or replace the items. Email us at support@heqs.com.au and provide:

A detailed description of the fault or issue, and

Photos showing the fault or issue.

Returns must be sent to our warehouse in the original packaging. If we receive products without the original packaging we will not accept the return.

Where notification of a product fault or issue has been made within 2 days of delivery of the defective products and HEQS is satisfied that the products are faulty, HEQS will repair, replace, or send replacement parts, provided the identified defects have arisen solely from faulty materials and/or workmanship on the part of the manufacturer and this will be the limit of HEQS liability with respect to any faulty products. HEQS will not accept responsibility for any products that have been damaged as a result of mistreatment, tampering, inattention, modification, interference and/or malicious damage. The return to HEQS of faulty products without HEQS written consent will not in any way affect your obligation to pay for the products in accordance with these Terms. You expressly discharge HEQS from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a delivery of defective products if notification of the defect has not been made to HEQS within 2 days of delivery of the products.

Cancellations

Unfortunately, we do not cancel orders for reasons, including but not limited to changing your mind, ordering the wrong items or changes in customer requirements.

No order may be cancelled except with prior consent in writing by HEQS and on terms which will indemnify HEQS against any losses suffered by HEQS including a minimum cancellation and restocking fee not less than 30% of the value of the products. We do not refund or cancel orders due to cancellation requests by customers, due to delays in product lead times, delays in shipping, or delays in supply of your order caused by any reason. We reserve the right to cancel any order, products or services for any reason whatsoever.

Cancellations

Unfortunately, we do not cancel orders for reasons, including but not limited to changing your mind, ordering the wrong items or changes in customer requirements.

Limitation of Liability

When ordering products from HEQS you agree to indemnify HEQS against any losses suffered due to delays in the supply of products and / or services. In all matters arising from product delays and / or shipping delays, you agree to indemnify and hold harmless HEQS for any damages and losses arising from product and / or service delays caused by HEQS, our suppliers or third party carriers.

The sole obligation of HEQS under this agreement is to use its best endeavours to provide the products or to repair the products or repair or replace (at HEQS’s discretion) any part of a product which is found to be defective during the warranty period and in no event shall HEQS be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

If any products supplied pursuant to this agreement 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 in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is 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.

HEQS is not liable for default or failure in performance of its obligations pursuant to this agreement 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 including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of HEQS.

You agree that HEQS shall not be responsible or liable for any loss or damage of any sort incurred as the result of your improper use of our products or services.

Cancellations

Unfortunately, we do not cancel orders for reasons, including but not limited to changing your mind, ordering the wrong items or changes in customer requirements.

Limitation of Liability

(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.

You agree that HEQS shall not be responsible or liable for any loss or damage of any sort incurred as the result of your improper use of our products or services.

Warranties

HEQS's warranty is a structural warranty covering only manufacture faults & defects, it will not cover general wear & tear or damage caused by the user. HEQS does not warranty products for use under all circumstances. The warranty does not cover:

Damage caused as a result of general wear and tear.

Misuse, neglect or abuse of the goods.

Damage caused from improper storage.

Minor cracks and scratches

Variations in paint over time including, discolouration, scratches, bubbling, fair wear and tear.

Any use of toxic cleaning products that are not specifically recommended for the product type.

Shipping and delivery costs

Incorrect assembly by the user.

Replaceable parts and optional accessories e.g. cushions, feet, screws etc

Non reported issues that have escalated from minor to major.

Transportation costs for goods picked up from store or warehouse.

We provide warranties subject to these terms:

(i) HEQS at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by HEQS).

(ii) the customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that HEQS is not responsible for such warranties and gives no warranty of its own in respect of the said goods;

(iii) HEQS, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;

(iv) the customer not having repaired or undertaken to repair the goods without the prior authorisation of HEQS nor altering the goods in any way;

(v) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer;

(vi) the customer having ensured reasonable, appropriate and acceptable use and maintenance;

(vii) the customer acknowledging that it has not relied upon any advice given by HEQS, its agents, servants, representatives or employees in relation to the suitability for any purposes of the goods;

(viii) the customer agrees that all claims for warranties are decided at the sole discretion of HEQS.

Images

Images used in this website are for general reference only.