WARRANTY
At TheEND, we pride ourselves on our craftsmanship and the artistry behind each of our pieces. All products go through a strict quality control process and are covered with a 12 month warranty from the date of delivery. All pieces are handcrafted therefore no two pieces are the same. There will be slight variations in each product bearing the markings of natural materials, craftsmanship and age, and such variations will not be accepted as the basis for any warranty claim.
Claims Process:
In the rare event you have a faulty or damaged product, please fill out our Contact Form providing image(s) of the damage, order number and any supporting details.
WARRANTY TERMS & CONDITIONS - THEEND PTY LTD
1. GENERAL
1.1. TheEnd Pty Ltd, ABN 26 682 411 070 (“TheEND”, “us”, “we” or “our”) provides the original purchaser a guarantee against defects in workmanship and materials, as well as guarantees that cannot be excluded under the Australian Consumer Law.
1.2. To be entitled to claim under the TheEND warranty, the defect in the part or Product must appear within twelve (12) months from the date of delivery. You (as the Customer) bear the onus of proving that fact, and that the defect was not caused by any of the exclusions in clause 3.2.
1.3. Depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the Customer’s expense.
1.4. The warranty against defects is not transferable. It is limited to the original customer specified in the original Order. The warranty against defects only applies to Products that are used for normal domestic purposes and excludes products used for commercial purposes.
1.5. All pieces are handcrafted therefore no two pieces are the same. There will be slight variations in each product bearing the markings of natural materials, craftsmanship and age, and such variations will not be accepted as the basis for any warranty claim.
2. AUSTRALIAN CONSUMER LAW
2.1. 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.
2.3. ‘Acceptable quality’ and ‘major failure’ have the same meaning as referred to in the Australian Consumer Law.
2.4. TheEND warrants against defects and remedies under these warranties and these warranties are in addition to other rights and remedies of the purchaser under the Australian Consumer Law. Should your product be defective, you may choose to make a claim under the Australian Consumer Law or the TheEND warranty.
3. LIAIBILITY
3.1. To the maximum extent permitted by law, including under the Australian Consumer Law, TheEND is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of normal wear and/or the cost of transporting the Product to and/or from the specified place of repair or replacement.
3.2. Subject to any Non-Excludable Rights that may apply to the Customer and to the fullest extend permitted by law, TheEND is not liable under this warranty if:
3.2.1. Fabrics and leathers fading and creasing as part of normal usage;
3.2.2. Foam and fillings softening and forming the shape of the user over time;
3.2.3. Scars, marks and differing pore density and colour that are Characteristics of natural materials;
3.2.4. Damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;
3.2.5. Damage caused by improper cleaning, negligence, treatment of the Product with chemicals, exposing the Product to the sun, heat, or bright light such as lamps, or otherwise caused by your acts and/or omissions;
3.2.6. The failure of the Customer to take reasonable steps to prevent the Product from becoming of unacceptable quality and damage that occurs because of such abnormal use. This includes damage that occurs because of the failure of the Customer to care for the Product in the manner described in the Care Instructions; Product Care.
3.2.7. The Product has been, or TheEND reasonably believes that the Product has been used for purposes other than those for which the Product was intended;
3.2.8. The Product is modified without authority from TheEND in writing;
3.2.9. The Product was serviced or repaired by anyone other than TheEND, or a repairer authorised by TheEND;
3.2.10. The Product was purchased from any entity who is not an authorised TheEND distributor or reseller; or
3.2.11. The Product’s defect or damage is a result of misuse, abuse, accident, act of God such as lightning.
To the fullest extent permitted by law and subject to any Non-Excludable Rights, TheEND excludes all liability, howsoever arising (including from negligence) and in no event shall be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the purchase or use of any Product.
3.3. Subject to these Terms and Conditions and any Non-Excludable Rights that may apply, if the Customer submits a valid Warranty claim during the Warranty Period, TheEND at its option will remedy the defect as below following an assessment of the Product:
3.3.1. Repair the Product or part of the Product;
3.3.2. Replace the Product or part of the Product; or
3.3.3. Refund the cost of the Product or part of the Product
3.4. The repair or replacement will be at no extra charge if the Product is readily accessible for service without the need for special equipment. If special equipment is required to make the Product readily accessible for service, you are responsible for such costs unless otherwise specified. TheEND or its agents may use refurbished parts to repair the Product. You agree that any Product or part of a Product that is retained by TheEND as part of the replacement/repair process becomes the property of TheEND.
4. DELIVERY AND TRANSPORTATION
4.1. TheEND will bear the reasonable cost of transportation, travel and delivery of the Product to and from TheEND. Travel and transportation will be arranged by TheEND as part of any valid warranty claim. You will be responsible for paying any delivery charges for TheEND to send the Product back to you if the Product is not considered by TheEND, acting reasonably, to be defective. Subject to any Non-Excludable Rights, you will be responsible for paying any delivery charges for sending the Product to and from TheEND for repairs occurring outside of the Warranty Period.
5. PROOF OF PURCHASE
5.1. Proof of purchase, in the form of a valid invoice or purchase receipt with the Product and date of purchase clearly visible, is required before you can make a claim under this warranty.
6. CONTACT
6.1. If you discover a defect in the goods covered by our warranty during the Warranty Period, please cease use of the goods right away. If your Product is defective, and the Product is covered by this warranty, you should contact us directly immediately using the contact information provided in the contact information section below.
6.2. To enquire about claiming under this warranty, please contact us at info@theendpiece.com.au
7. DEFINITIONS
7.1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading Acts;
7.2. Customer means the person, entity, firm or corporation that acquires Products from TheEnd pursuant to these Terms and Conditions;
7.3. Non-Excludable Rights means any right remedy, implied or express term or condition, warranty or statutory guarantee, the exclusion of which would contravene any statute or cause any part of these Terms to be void or unenforceable;
7.4. Order means the Products and services that the Customer is ordering from TheEnd as documented in the Sales Order;
7.5. Products means the products (including furniture and any other items) and services (if any) that you buy from us; and
7.6. Warranty Period means the period specified in clause 1.2 of this manufacturer’s guarantee.