Freedom In-Store Customer Terms & Conditions

Version March 2023

PRIVACY
1.    Freedom Furniture Australia Pty Limited ACN 051 493 764 or, if purchasing from a Freedom franchisee, the company identified by company name and/or ABN on the front of the customer invoice (“Freedom” or “we” or “us” or “our”) is committed to respecting your privacy.
2.    To view our Privacy Policy, please visit www.freedom.com.au/privacy or ask in store.

PRICING
3.    All product prices are quoted in Australian currency inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
4.    Delivery costs may also be charged on orders delivered to you. Further details on delivery are set out in the Delivery section below.

PAYMENT
5.    Full payment for products must be made at the time of purchase or, if agreed by Freedom, a deposit may be paid with the remaining payment made prior to delivery being arranged.

REFUSAL OF A PURCHASE
6.    We may refuse to proceed with a purchase or any part of your purchase without liability to you (except where liability cannot be excluded under the law) for that refusal to proceed if:
(a)    a product in that purchase is not available;
(b)    there is an error in the price or the description of a product in that purchase; or
(c)    the purchase triggers fraud prevention protocols.
7.    For each order accepted by us, we will supply the product(s) in that order to you in accordance with these Terms & Conditions.

STORAGE
8.    You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. We will endeavour to provide you with reasonable options for organising the collection or delivery of the products. If we have done this, and you fail to collect or take delivery of the products after notice to do so, we may, after providing notice to you that we intend to do so, issue you with an invoice in an amount to cover reasonable storage fees and/or cancel your order. An estimate of storage fees (including handling in and out, storage on-site or off-site where necessary) is $50 per delivery per week.

DELIVERY
9.    Delivery charges and the estimated date of delivery or date range for delivery will depend on where your product is being delivered.
10.    Products can only be delivered within Australia.
11.    It is the customer’s responsibility to ensure correct delivery address and access details are provided to Freedom.
12.    Any delivery date or date range provided to you is an estimate only. We will use reasonable endeavours to meet the estimated delivery date, however products may be delivered within a reasonable period of that date. In these circumstances, and subject to our obligations under the law (including those described at section 21, below), we will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date. 
13.    Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made at the time which you agreed to accept delivery because an appropriate person is not present.

RISK AND TITLE
14.    Risk in Freedom products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Freedom of full payment by either cash or clearance of funds into our bank account.

ADVICE AND TECHNICAL INFORMATION
15.    Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products is given in good faith and is believed by Freedom to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Freedom in relation to any products supplied by Freedom is approximate and general only. 

FREEDOM WARRANTY AND CONSUMER GUARANTEES
16.    Freedom Warranty: Freedom provides this warranty (“Warranty”) for its products that have been purchased in Australia. This Warranty is subject to schedule 2 of the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale.
17.    The period of the Warranty will be:
(a)    10 years for upholstery frames (including sofas, daybeds, chaise, armchairs and recliners, and excluding occasional chairs, dining chairs and bar stools);
(b)    2 years for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms), pendant lights and any other product which Freedom identifies in writing as attaching this Warranty; and
(c)    1 year for all other products, or as otherwise specified on the product packaging.
18.    This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.
19.    Exclusions: This Warranty does not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:
(a)    Repairs to a product are made or attempted by a service provider other than one approved by Freedom.
(b)    The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions.
(c)    The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
(d)    The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(e)    The product is tampered with in any way.
(f)    The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
20.    Mattress warranty: Freedom will pass on any warranty on a mattress provided to it by a mattress manufacturer to you. The warranty terms, including the warranty period, is as specified by the manufacturer, and is in addition to other rights and remedies you may have as a consumer under the Australian Consumer Law.
21.    Australian Consumer Law.  If you are a consumer under the Australian Consumer Law, you have certain rights.  Nothing in these Terms & Conditions limits or excludes any rights that you have as a consumer that cannot be lawfully limited or excluded.  Information about the Australian Consumer Law is available from the website of the Australian Competition and Consumer Commission.  
22.    Consumer guarantees: 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 for 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. 
23.    Consumer guarantee remedies: The Australian Consumer Law broadly provides that if there is a major failure with the product, the customer is entitled to:
(a)    reject the product and get a refund;
(b)    reject the product and get an identical replacement, or one similar in value if reasonably available; or
(c)    keep the product and obtain compensation from Freedom for the drop in value of the product caused by the major failure.
24.    If there is a minor failure with the product, the customer is entitled, at the election of Freedom, to:
(a)    a refund of the cost of the product;
(b)    replacement of the product; or
(c)    have the product repaired within a reasonable time.
25.    Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these Terms & Conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Freedom is entitled, to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute. 

HOW TO MAKE A CLAIM
26.    To claim under the Warranty or a consumer guarantee in the Australian Consumer Law, you must complete an online claim form at https://help.freedom.com.au, except for curtains and blinds, in which case please notify Freedom Curtains and Blinds  Customer Service by ringing 1800 676 612 or emailing support@freedomcurtainsandblinds.com.au and return the product for repair/inspection as requested.
27.    You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Freedom reserves the right to charge a reasonable upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Freedom determine you have a valid claim.
28.    If you are requested to return the product to Freedom for inspection/repair, you will need to arrange and pay for the transportation of the product to the store or other address advised by Freedom. If the product cannot be returned without significant cost because of its size or height, a problem with the product, or the way it is attached, Freedom will arrange and pay for the transportation of the product. If Freedom determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If Freedom determines you do not have a valid claim, you must reimburse Freedom for any reasonable transportation costs that Freedom has paid and any reasonable return transportation costs.
29.    Freedom will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you. We will do our best to resolve the issue in a timely manner. 
30.    For any queries please visit our help centre at https://help.freedom.com.au, or for curtains and blinds, call Freedom Curtains and Blinds Customer Service on 1800 676 612 or email support@freedomcurtainsandblinds.com.au.

HOMEWARES CHANGE OF MIND POLICY
31.    For homewares products purchased in-store and collected and paid for at the time of purchase, however excluding products listed below as ‘excluded products’, in addition to the remedies available under the Freedom Warranty and applicable statute (including the Australian Consumer Law), if you change your mind you may return the product within 30 days of the date of purchase for a refund or exchange provided that the product is:
(a)     returned in its original condition;
(b)    in its original unopened and sealed packaging; and
(c)    accompanied by proof of purchase (the sales receipt or another acceptable form of proof of purchase).
32.    Excluded products are:
(a)    upholstered and furniture products;
(b)    clearance and sale products;
(c)    products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product; and 
(d)    made to order products – products which are made to individual customer specifications, including custom made furniture products, or custom fabric products, which have to be ordered specifically for a customer.
33.   myFreedom Members on a valid membership have extended returns. You can view myFreedom Homewares Change of Mind Policy at www.freedom.com.au.
34.    Items posted to Freedom are at the customer’s cost and risk, and Freedom shall not refund customers for any products that it does not receive, or that it receives which are broken or damaged.  Please make sure you appropriately pack any items before posting these to Freedom.
35.    Except as set out above, Freedom will not provide a refund or exchange, or cancel a product which has been ordered, if you simply change your mind, unless Freedom chooses to do so in our discretion.
36.    If Freedom does choose to provide a refund or exchange (or cancel an order) simply due to a change of mind, we may ask you to pay a reasonable cancellation charge to us (for example, to cover reasonable storage fees and any mark down on products).  We will inform you in advance of the amount of that charge, and you may choose whether or not to proceed with the refund, exchange or cancellation.  If you do proceed:
•    we will reduce any refund payable to you by the amount of the cancellation charge; or
•    if the cancellation charge is more than what you have already paid, we will issue you with an invoice for that amount.

GENERAL
37.    The Freedom In-Store Customer Terms & Conditions form a binding legal agreement between you and Freedom in regards to your in-store purchases from Freedom. The Freedom Online Customer Terms & Conditions apply to online purchases from Freedom, and can be found on the Freedom website at www.freedom.com.au.
38.    Products are suitable for domestic use only unless otherwise specified.
39.    We may modify these Terms & Conditions. The Terms & Conditions which apply to a purchase are those that are made available to you on the day of your purchase.  If we modify these Terms & Conditions, we will post a revised version on the Freedom website at www.freedom.com.au and make the revised Terms & Conditions available in store. 
40.    Any provision of these Terms & Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable.  The validity or enforceability of the remainder of the Terms & Conditions is not affected.  
41.    These Terms & Conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in the State or Territory in Australia where the products are purchased.

Freedom Furniture Australia Pty Limited
Level 4, 1 Epping Road North Ryde NSW 2113

(02) 5566 0011