TERMS & CONDITIONS
CHIMI Investments Pty Ltd trading as KWD & Co (ABN 41 626 810 366) (‘KWD & Co’, ‘us’, ‘our’) owns and operates the business known as ‘KWD & Co’.
These terms and conditions apply to all goods and services provided by or ordered from KWD & Co.
By paying a deposit or pre-payment in relation to KWD & Co’s goods or services, you (the client) are deemed to have read and agreed to be bound by these terms and conditions below.
1. The consultation fee is based on a 1hour phone consultation with a KWD & Co design team representative and the level of intellectual property required to complete the brief.
2. Fees take into consideration industry knowledge, industry experience and KWD & Co’s ability to streamline the specification process. The KWD & Co team work collaboratively, and as such, usually every member of the KWD & Co team works on every project.
3. Full payment of the consultation invoice is required upfront to secure an appointment for a consultation phone meeting, and a position in the KWD & Co calendar.
4. To the extent permitted by law all payments to KWD & Co are non-refundable.
5. At the consultation phone meeting, KWD & Co’s intellectual property for the scope of works will be presented, discussed and adapted as required. This is a fluid process, where ideas are collated and discussed, and options are presented in an informal manner.
6. At an agreed time after the phone consultation meeting, a clear and detailed ‘Schedule of Finishes’ will be sent by KWD & Co to the client with the complete look, direction, timeline and costings for the project. This document is a ‘work in progress’ document and it is standard protocol for this document to be altered slightly during the course of the project. This document is prepared by KWD & Co on the basis of the client’s acceptance of the design direction during the consultation meeting.
7. The intellectual property in KWD & Co’s Schedule of Finishes and any other goods or services supplied by KWD & Co, will at all times remain the sole property of KWD & Co. Upon full payment of the consultation fee, the client is granted a non-transferable, non-exploitable limited licence to use such intellectual property solely in relation to the project for which it was created.
8. Should, in KWD & Co’s reasonable opinion, the client completely change the design direction for the project after the Schedule of Finishes has been sent to the client, additional fees may be applicable. Such fees will be at the discretion of KWD & Co and notified to the client in advance.
9. If at any time during the phone consultation process there are any issues or concerns, the client must raise these immediately with the KWD & Co team member they are consulting with.
10. KWD & Co offers advice on spatial management and design, and may work with or provide you with recommendations for an architect or draftsperson, however KWD & Co does not create drawings for architectural works, nor are we qualified to do so.
11. While KWD & Co specifies materials as per the Schedule of Finishes, and may agree to source these materials, clients are under no obligation to purchase any materials from KWD & Co. It should also be noted that while we specify a range of materials we are under no obligation to reveal our sources or supply partners.
12. The images provided in the Schedule of Finishes are a guideline only, to provide a feel and mood for the intended design aesthetic, and at no time should be taken as a representation of the work to be undertaken. Material images in your schedule may not be a true representation of the actual material.
13. Quantities and measurements will at no time be taken from supplied drawings. The exact quantities and measurements of all materials are the responsibility of, and must be provided by, the client (or the client’s builder or tradesperson).
14. KWD & Co may recommend trade partners for your project, including architects, draftsmen, builders, joiners, tilers, stonemasons, painters, pool builders, landscapers and pavers, however all communications with these trades will be between the client and the trades. KWD & Co will not be responsible for any works carried out by these trades.
15. Samples from the Schedule of Finishes will generally be provided unless unavailable. Samples are indicative only, and may vary as batches change. Full sized samples may not be available.
16. All photographs, weights, illustrations, shade descriptions, nominal sizes and any other particulars given in or accompanying a KWD & Co quotation, on display in any store, provided as a sample or contained in descriptive literature are approximate and indicative only. And deviations therefrom shall not constitute a defect or invalidate your contract with KWD & Co or be made the basis of any claim made against KWD & Co. Colour, shade and features are subject to some variation.
17. KWD & Co reserves the right to post images of client projects on KWD & Co’s social media channels and website unless requested in writing by the client not to do so.
18. KWD & Co has a positive and welcoming social media family and will in no way accept any negativity towards our posts or to the posts of affiliates. KWD & Co reserves the right to delete or report such posts as KWD & Co sees fit.
19. Quotations for materials:
(a) Quoted prices for stock items are valid for 14 days.
(b) Quoted prices for special orders are subject to review by KWD & Co at any time prior to invoicing.
(c) Any quotation given by KWD & Co is only an invitation to treat, and not an offer or obligation to sell.
(d) Variations to the quoted quantity may result in changes to the pricing. Such changes will render the initial quote invalid and will result in a re-quote.
20. Payment requirements:
(a) All invoices for products or materials (materials) must be paid in full prior to delivery of the material to the client.
(b) A 50% deposit is required for confirmation of all orders unless otherwise noted on the KWD & Co invoice.
(c) The balance of the invoice must be paid by the client upon arrival of the materials into KWD & Co’s importer’s / supplier’s warehouses. We will not deliver or release the materials until the balance of the invoice is paid.
(d) All deposits and payments to KWD & Co are non-refundable.
(e) We will charge interest at the rate of 12% per annum, calculated daily, on any overdue payment. A payment is overdue if it is not paid in accordance with the terms specified on the invoice.
(f) Payments made by credit card will incur a surcharge of 1.5%.
(g) Notwithstanding delivery of the materials or their installation, the materials shall remain the property of KWD & Co until KWD & Co has been paid in full in respect of those materials. The materials are at the client’s risk as soon as the materials leave the importer’s / supplier’s Australian warehouse.
(a) Materials will be delivered kerbside, at the client’s nominated address, unless otherwise agreed.
(b) Once items are delivered to the kerbside, they become the sole responsibility of the client. For smaller orders, it is at the discretion of the courier should they choose to deliver beyond the kerbside, e.g. to a residential address doorstep or similar.
(c) The delivery cost is not included in the cost of materials and will be invoiced separately (by either KWD & Co or the delivery company).
(d) We can arrange delivery on the client’s behalf and expense but accept no liability for any loss or damage arising from the delivery process.
(e) Any obligation of KWD & Co to deliver shall be discharged on arrival of the materials at the client’s nominated delivery destination.
(f) Any date or time quoted for delivery provided by KWD & Co is an estimate only. If KWD & Co is arranging delivery, KWD & Co will endeavour to meet this estimate, however failure to do so shall not confer any right of cancellation or refusal of delivery by the client, nor render KWD & Co liable for any loss or damage directly or indirectly sustained by the client as a result of any delay in delivery.
(a) Larger tiles and feature tiles are more difficult and time consuming to cut and lay and will incur additional installation charges. Please take note of this when selecting your tiles.
(b) KWD & Co accepts no responsibility for inadequate structural support for the surface on which the tiles are laid.
(c) The client must check materials prior to installation as no claims for incorrect or damaged material or for size or shade variation will be accepted by KWD & Co after installation.
(d) Installation of the materials constitutes acceptance of the materials (and their quality) by the client.
(e) It is the client’s responsibility to ask their tiler to tile hidden areas (e.g. under stove, fridge and furniture) last, so that if additional tiles are required, a different batch will not be as noticeable.
(f) It is the client’s responsibility to ensure that sufficient materials have been purchased prior to installation. We cannot guarantee that additional materials will be available at all or available in the same shade and size. If there is a requirement to purchase additional materials to match a previous order, KWD & Co must be advised at the time of order and asked if this is possible.
(g) We recommend the client always keep at least a full box of materials on site for any further maintenance.
(h) If quantities have been calculated by KWD & Co it is up to the client to double check quantities on site with their tradesperson. KWD & Co will not be held liable for incorrect quantities.
(i) The client must ensure that all tiles are be laid in accordance with the Australian Building Code and the appropriate Australian Standards.
23. Descriptive size:
(a) The dimensions of the size are nominal dimensions only. All ceramic tiles are fired at high temperatures, so different production runs may produce small size variations, which may differ from their descriptive size. The descriptive size may be rounded to the nearest centimetre.
(b) Please discuss with us if you require a size to the exact millimetre.
(c) All variations shall be within Australian Standard AS4662-3003.
24. Storage fee:
If the client’s order is not picked up or delivered within 30 days (or such other period as specified by KWD & Co), KWD & Co reserves the right to charge a storage fee which will be advised depending on quantity.
Without derogating from any of your non-excludable rights as a consumer under consumer protection legislation:
(a) Please choose carefully as KWD & Co will not provide a refund, credit or return if you change your mind. To assist in your decision-making process, we encourage you to utilize our sample service so you get an approximate estimation of what you are getting prior to placing your order;
(b) KWD & Co will not accept: partial returns; returns of spares; or returns of leftover stock;
(c) Claims for the return or exchange of materials must be made by phone or email, to KWD & Co within 5 days of delivery or pick-up, and - if we confirm that you are eligible for a return or exchange - you must return the materials to our nominated destination within 14 days of delivery or pick-up; and
(d) If you believe you have received defective goods or services you must contact us within 24hrs of receiving the goods or services.
(e) Minor chipping and shade variation are inherent features of sheeted mosaics.
(f) It is the client’s responsibility to advise their tiler to ensure they are well blended prior to installation.
27. Polished porcelain:
(a) All polished and semi-polished porcelain tiles are subject to optical hazing. It is an occurrence that presents as a smoky or smudged finish on the surface of the tile. This occurrence may only be visible depending on the light source reflecting at certain angles off the surface of the tile. It is an inherent feature and does not affect the technical performance of the tile and is not a defect.
(b) We will not be liable for any claim in relation to optical hazing.
(c) Your polished porcelain may require sealing.
(a) Crazing is an inherent feature of gloss tiles and as such is not a defect. Crazing is very fine cracks in the glaze, often resembling fine web-like lines.
(b) We will not be liable for any claim in relation to crazing.
(a) Timber is a natural material and variations in colour, texture and other naturally occurring features occur between pieces and batches of the same species. Sanding and finishing also causes variation in appearance.
(b) Care should be taken in making a selection based on a single sample as we will not be liable for any claim in relation to variation in timber.
30. Natural and reconstituted stone:
(a) Natural and reconstituted stone may require sealing prior to installation. We recommend such materials are sealed professionally upon installation by a recommended tradesperson or by sealing products recommended by KWD & Co.
(b) Due to the nature of these materials, there can be substantial variation from piece to piece. Please discuss this material fully with KWD & Co prior to purchase.
31. Slip resistance:
(a) Most tiles can become slippery if wet. Please ask for the Australian Tile Council ‘Guidance to assist in Reducing Slip on Floor Tiles within Residential Properties’ from KWD & Co. Select a tile that is appropriate for the area to be tiled.
(b) If purchasing tiles for a commercial application, please confirm the slip rating is appropriate for the area prior to purchasing and installing.
(c) If you have received slip resistance test results for particular materials, it is possible that the performance of the installed material is less than the test results due to factors such as installation method, wear and tear and cleaning methods.
KWD will not be responsible for damage caused to the surface of materials, or change in the slip resistance of the materials, due to cleaning, polishing and general maintenance where the cleaning substances used are not appropriate, or have not been used in accordance with the original manufacturer’s recommendation, or where acid has been used.
33. Protection of tiles:
The client should give consideration to the type of finish of the material chosen in relation to pedestrian traffic. Gloss tiles will require protection from appropriate door mats and require only soft soled shoes at entry points to ensure that material such as sand and grit does not cause abrasion to the tiles.
(a) When we supply goods or services to you as a ‘consumer’ under consumer protection laws:
(i) the services come with non-excludable guarantees, including that they will be carried out with due care and skill and be fit for any specified purpose;
(ii) the goods come with non-excludable guarantees, including that the goods will be of acceptable quality, correspond with their description, and be fit for any disclosed purpose;
(iii) if we breach any of these guarantees you may be entitled to compensation.
(b) When you are not a consumer under consumer protection laws our liability for loss or damage is limited to, as determined by KWD & Co: (in the case of goods) the replacement or repair of the goods, supply of equivalent goods or the payment of the cost of replacing or repairing the goods or supplying equivalent goods; and (in the case of services) supply of the services again or the payment of the cost of supplying the services again.
(c) When you are a consumer under consumer protection laws our liability is limited in the manner specified in clause 34(b) only to the extent permitted by those laws.
(d) To the extent permitted by law KWD & Co is not responsible or liable for:
(i) any loss or damage caused by matters beyond the reasonable control of KWD & Co (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence);
(ii) any indirect or consequential loss; or
(iii) any loss or damage caused by the client or its trades, including where the client or trades do not follow KWD & Co’s (or the relevant manufacturer’s) directions in relation to the materials.
(e) The contract formed between KWD & Co and the client when the client accepts these terms and conditions by paying KWD & Co’s invoice (or part thereof), is governed by the laws of the Victoria and KWD & Co and the client irrevocably submit to the exclusive jurisdiction of the courts of that State.
(f) Nothing in these terms and conditions purports to modify any non-excludable consumer guarantees prescribed by consumer protection legislation.
35. Sample boxes
KWD & Co sample boxes contain up to 5 samples selected online for $50.00 (including GST and shipping) and there is no limit to the number of sample boxes you may purchase. We will endeavour to ensure that the boxes are delivered to you within 10 working days of you placing your order.
CHIMI Investments Pty Ltd trading as KWD & Co (ABN 41 626 810 366) (KWD & Co) respects your privacy and is committed to complying with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).
HOW DO WE COLLECTION INFORMATION?
The main way we collect personal information about you is when you give it to us. For example, we may collect personal information from you when:
In some circumstances we may collect information about you from third parties, such as your employer or authorised representative, or from a publicly available record.
WHAT INFORMATION DO WE COLLECT?
The types of information we may collect from you include:
WHY DO WE COLLECT, AND HOW DO WE USE AND DISCLOSE YOUR PERSONAL INFORMATION?
We may use your personal information to:
WHEN AND TO WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION?
We may disclose your information:
For example, we may share your personal information with financial, customer relationship management, and direct marketing software providers such as Xero, Salesforce and Chimp.
Some of these parties may receive or store your information overseas.
USING OUR WEBSITE
We may use analytic tools to collect data about your interaction with our website. These tools may be hosted by us or third parties. The sole purpose of collecting your data in this way is to improve your experience when using our site. The types of data we may collect with these tools include:
Most browsers allow you to choose whether to accept cookies or not. If you do not wish to have cookies placed on your computer, please set your browser preferences to reject all cookies before accessing our website.
HOW DO WE STORE AND KEEP YOUR INFORMATION SECURE?
We may hold your personal information in either electronic or hard copy form. We use a variety of physical and electronic security measures to keep your personal information secure from misuse, interference, loss or unauthorised use or disclosure. For example, we restrict physical access to our offices, employ firewalls and secure databases, password protect our IT systems and frequently update our anti-virus software.
However, we cannot guarantee the security of your personal information. The internet is not a secure environment. If you do use the Internet to send us any information, including your email address, bank or credit card details, please be aware that it will be sent at your own risk.
Our websites and electronic newsletters may also contain links to other websites operated by third parties (including payment processers). We are not responsible for the privacy practices or the content of those linked websites.
ACCESSING OR CORRECTING YOUR PERSONAL INFORMATION
You have rights under the Privacy Act to:
You can do any of these things by contacting us using the details set out below.
MAKING A COMPLAINT
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below.
We will respond to your complaint within 30 days.
If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at firstname.lastname@example.org or on 1300 363 992.
You can contact us by:
Email - email@example.com
Phone - 03 5974 1800
Post - PO Box 346, Mt Martha, VIC, 3934