Terms & Conditions

About these terms

These terms govern your use of this website and the supply of goods and services by Luminaire Living (ABN 51 462 784 531) of 28 Augusta Street, Willetton WA 6155 (“Luminaire Living”, “we”, “us”, “our”).

By browsing this website, requesting a quote, or accepting a quote, you agree to these terms. Please read them before you place an order — and ask us about anything that is not clear.

Where you have accepted a quote, the agreement between us is made up of the following documents. If they conflict, the earlier one in this list wins:

1. any variation the two of us have signed or agreed in writing after the order was placed;
2. your accepted quote or order confirmation, including the schedule of products, sizes, fabrics and inclusions;
3. these terms.

We may update these terms from time to time. The version that applies to your order is the version published when you accepted your quote, and we will give you a copy on request.

Definitions

Goods

The window furnishings and associated hardware, tracks, motors and controls described in your quote.

Services

The consultation, measure, delivery, installation and after-sales work described in your quote.

Made to measure

Goods manufactured to the dimensions and specifications of your particular windows, which cannot be resold to another customer.

ACL

The Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Consumer guarantees

The guarantees the ACL automatically gives you when you buy goods or services — including that they are of acceptable quality, match their description, and are fit for purpose.

Business day

A day other than a Saturday, Sunday or public holiday in Perth, Western Australia.

Using this website

You may use this website to learn about us and our products, and to contact us. You must not use it to do anything unlawful, to interfere with its operation or security, to scrape or harvest it, or to misrepresent yourself or your association with us.

We try to keep the information here accurate and current, but this site is marketing material, not advice about your particular windows. Product descriptions, specifications and prices may change without notice, and what applies to your job is what appears on your written quote.

We do not warrant that this site will be available without interruption or free of errors, and we may change, suspend or withdraw any part of it at any time.

Images, samples & colour

Fabric is a natural and manufactured product, and timber is a natural material. Both vary.

• Colours shown on a screen depend on your device, its settings and the light you are viewing it in, and will not exactly match the real fabric or finish.
• Photographs on this website show completed projects and are illustrative. Your room, its light and its dimensions will produce a different result.
• Small variations in shade, weave, texture and grain occur between dye lots and production runs. Where an order is made across more than one production run, or where you later add to an existing order, an exact match cannot be guaranteed.
• Natural fibres such as linen may relax, shrink or drop slightly with changes in humidity, and timber may move or vary in grain and colour.

We will always show you physical samples before you order, and we strongly encourage you to view them in the room they are destined for, at different times of day. Your decision to proceed is made on the physical sample, not the website.

Variation of this kind is a characteristic of the material and is not a fault. It does not affect your consumer guarantees where goods are genuinely defective or not of acceptable quality.

Quotes

Our in-home measure and quote is free and carries no obligation. You are under no pressure to proceed, and we will not charge you for attending.

• Quotes are valid for 30 days from their date unless we state otherwise in writing. After that, we may need to requote — fabric prices, freight and exchange rates move.
• A quote is an offer to supply on these terms. It does not become a contract until you accept it and we confirm the order under section 6.
• Quotes are based on the windows we measured, in the condition we found them, and on the fabrics, hardware and inclusions listed. Anything not listed is not included.
• A quote given over the phone, by email or from your own measurements is an estimate only, and is always subject to a check measure at the property before we place the order.
• Where a quote covers a home under construction or renovation, it is subject to a final check measure once the openings are complete and the reveals, floors and cornices are finished.

Obvious errors in a quote — a mistyped price, a missing zero, a duplicated line — may be corrected. If we find one, we will tell you promptly and give you the choice of proceeding at the corrected price or cancelling with a full refund of anything you have paid.

Placing an order

A binding contract is formed when all of the following have happened:

1. you accept the quote in writing — by signing it, or by confirming it by email or another method we agree;
2. you have approved the final measurements, fabrics, colours, hardware and control positions recorded on the order; and
3. you have paid the deposit and we have confirmed the order to you.

Please check your order confirmation carefully as soon as you receive it, and tell us straight away if anything is wrong. Once production starts, sizes, fabrics and configurations are fixed.

We may decline an order — for example where we cannot source the fabric, where the window cannot be safely fitted with the product chosen, or where a check measure shows the job is materially different from what was quoted. If we do, we will tell you why and refund anything you have paid in full.

Prices, deposit & payment

All prices are in Australian dollars and include GST unless stated otherwise. Your quote sets out what is and is not included.

Deposit and balance

• A deposit of 50% of the order value is payable to place your order into production.
• The balance is payable on completion of installation, unless we have agreed different terms with you in writing.
• Where an order is installed in stages, we may invoice the balance for each stage as it is completed.

How to pay

We accept bank transfer, and card payment where we have told you it is available. Any card surcharge is the actual cost our provider charges us and will be shown before you pay. Please use your invoice number as the payment reference.

Late payment

If an invoice is not paid by its due date we may, on reasonable notice to you, charge interest on the overdue amount at the RBA cash rate plus 5% per annum, calculated daily from the due date until payment. We may also recover the reasonable costs we actually incur in recovering the debt. We may suspend further work on your order while an invoice is overdue.

Price changes

The price in your accepted quote is fixed for that order. It may change only where you ask for a variation, where a check measure reveals work that was not quoted, or where the additional-charge situations in section 12 apply — and in each case we will tell you the cost and get your agreement before we proceed.

Measurements

Where we measure, the measurements are our responsibility. If a product does not fit because we measured it wrongly, we will remake or refit it at our cost.

Where you supply the measurements — because you preferred to, or because the property was not accessible to us — you are responsible for their accuracy. Made-to-measure goods manufactured to sizes you gave us cannot be returned or remade at our cost if those sizes turn out to be wrong. We are happy to explain how to measure properly, but we would always rather come out and do it.

Please tell us before we measure about anything behind or around the window that we cannot see — concealed wiring, plumbing, ducting, structural steel, or the type of wall or ceiling construction. See also section 12.

Building tolerances mean openings are rarely perfectly square, level or plumb. We allow for normal tolerances, and we will point out at the measure where an out-of-square opening will show. Where a window is significantly out of true, a small and visible gap may be unavoidable.

Changes & cancellations

Because everything is cut to your windows, timing matters:

Before production starts

You may change or cancel your order. We will refund your deposit less the costs we have reasonably and actually incurred to that point — for example fabric already cut or ordered specially, freight already committed, or consultant time on a variation. We will show you those costs. Where we have incurred nothing, you get the whole deposit back.

Once production has started

The order cannot be cancelled or changed, and the deposit is not refundable. If you cancel at this point you remain liable for the full order value, because the goods cannot be sold to anyone else. We will always try to help — if a change is still physically possible we will tell you and quote the cost.

If we cancel

If we cancel for a reason that is not your fault, we will refund everything you have paid for the cancelled part of the order.

None of this affects your rights where goods or services are faulty or otherwise fail a consumer guarantee (section 14), or your cooling-off rights where they apply (section 10).

We do not offer change-of-mind refunds on made-to-measure goods. This is permitted under the ACL and is standard across the industry.

Your cooling-off rights

The ACL gives a 10 business day cooling-off period for what it calls an unsolicited consumer agreement — broadly, where a salesperson approaches you without invitation and the agreement is negotiated somewhere other than the seller's premises, such as your home.

We do not sell door to door and we do not cold-call. Our consultations happen because you invited us — you called, emailed or filled in the form on this website. An agreement made at a consultation you requested is generally not an unsolicited consumer agreement, and the statutory cooling-off period does not apply to it.

If we ever do approach you without invitation, the ACL applies in full: you will get the agreement in writing, we will tell you about the cooling-off period and give you a cancellation form, we will not take any payment or start any work during the 10 business days, and you can cancel in that time for any reason at no cost. To cancel, tell us in writing at the address in section 23.

Whether or not a cooling-off period applies, you can change or cancel under section 9 at any time before production starts.

Lead times & delivery

Our furnishings are made to order by our manufacturing partner and shipped to Perth. Please allow approximately six to eight weeks from confirmation of your order to installation. We will confirm the expected timing for your particular order before you commit, and we will keep you posted as it progresses.

Lead times are estimates given in good faith, not guarantees, and they depend on fabric availability, production scheduling, international freight and customs clearance. Time is not of the essence unless we have expressly agreed a date in writing.

If your order is going to be materially delayed, we will tell you as soon as we know, and give you a revised date. Where a delay is substantial and not caused by you, you may cancel the delayed part of the order and receive a refund of what you have paid for it.

Please do not book trades, removalists or events around an estimated installation date until we have confirmed the date in writing.

Installation

Our own fitters install every job — we do not sub-contract. Installation takes place during normal business hours unless we agree otherwise.

What we need from you

• Access. Safe, clear access to the property and to each window at the agreed time, and somewhere lawful to park close by. If nobody is home, or we cannot get in, we may charge a reasonable call-out fee for the wasted visit.
• A clear working area. Furniture, fragile items, artwork and personal belongings moved away from the windows. Our fitters will move light items where they safely can, but we are not responsible for damage to items left in the working area.
• Existing window coverings removed before we arrive, unless your quote says we are removing them. We can quote to remove and dispose of them if you would rather we did.
• Power at the window for motorised products, installed by a licensed electrician, unless the quote says we are arranging it. We do not carry out electrical work.
• Notice of anything hidden. Wiring, pipework, ducting or structural elements concealed in the walls or ceiling near the window.

Site conditions

We install into the substrate that is there. We are not responsible for the structural adequacy of walls, ceilings, reveals or window frames, or for surfaces that are unable to hold a fixing — such as damaged plaster, poorly fixed cornices, or reveals too shallow for the product chosen. Where we identify a problem, we will stop, tell you, and agree how to proceed before continuing.

Some fixing marks are unavoidable. Removing an existing treatment usually leaves holes, and installing a new one makes new ones. Making good, patching and painting are not included unless the quote says so.

If we reasonably believe a site is unsafe — including where we suspect asbestos or another hazardous material — we will stop work immediately and will not resume until it is made safe. Any resulting delay is not our responsibility.

Additional charges

We will always tell you and get your agreement before charging extra. Additional charges may apply for a return visit caused by no access, a site that is not ready, work outside the quoted scope, unusual access requirements such as scaffolding or a lift, or removal and disposal of existing coverings.

On completion

Please inspect the installation with our fitter before they leave, and raise anything you are not happy with then and there. It is much easier to fix on the spot. Raising it later does not affect your consumer guarantees or your warranty.

Title & risk

Risk in the goods passes to you on delivery or installation, whichever happens first.

Title in the goods remains with us until we have received payment in full. Until then, you must not remove, alter or dispose of them, and you hold them as our bailee. This is a security interest for the purposes of the Personal Property Securities Act 2009 (Cth), and you agree we may register it.

Where goods are ready but you ask us to delay installation, we will store them free of charge for up to 30 days. Beyond that we may charge a reasonable storage fee, and risk in the goods passes to you at the end of that 30 days.

Your rights under the Australian Consumer Law

Our warranty in section 15 is given in addition to your consumer guarantees, not instead of them. Your consumer guarantees are not limited to the warranty period, and they last for whatever period is reasonable given the price, the nature of the product and what we told you about it.

Our warranty

We warrant that for 3 years from the date of installation our goods will be free from defects in materials and workmanship, and our installation will be free from defects in workmanship.

Motors, automation components, remotes and control systems carry the warranty offered by the component manufacturer — typically 5 years. We will give you those details with your order and we will help you make a claim under them.

What we will do

If a valid warranty claim is made, we will repair the goods, replace them, or supply an equivalent product, at our option and at our cost — including labour and the call-out. Where a fabric or component has been discontinued, we will supply the closest available equivalent.

Making a claim

Contact us at hello@luminaireliving.com.au or +61 433 581 728 with your name, the installation address, roughly when it was installed, and a description and photo of the problem. Please keep your invoice — it is proof of purchase. Warranty is given to the original purchaser at the original installation address and is not transferable.

What our warranty does not cover

• fair wear and tear, and the gradual fading, weakening or deterioration of fabrics caused by sunlight, heat and weather — Western Australian sun is hard on textiles, and some fading is normal;
• the natural variation, movement, relaxation and shrinkage described in section 4;
• damage from misuse, accident, neglect, forcing a mechanism, pets, children, insects, mould, or water and moisture including condensation;
• damage from cleaning contrary to our care instructions, including machine washing or dry cleaning where we have said not to;
• damage caused by adjustment, repair, alteration, removal or refitting by anyone other than us;
• problems caused by movement or defect in the building itself, or by the failure of a wall, ceiling or window frame we fixed into;
• goods manufactured to measurements you supplied, where the issue is those measurements;
• goods that have been moved to a different window or a different property; and
• storm, flood, fire, power surge and other events outside our control.

If we attend and find the problem is not covered by this warranty and is not a failure of a consumer guarantee, we may charge a service call fee of $99 plus the cost of any parts or repair. We will always tell you before we charge it.

Caring for your furnishings

We will give you care instructions for the products you have chosen. Following them keeps your furnishings looking right and keeps your warranty intact. In general:

• dust and vacuum regularly on a low setting with a soft brush head;
• do not machine wash, dry clean, bleach or steam a fabric unless we have told you that particular fabric can take it;
• spot clean spills quickly with a clean, barely damp cloth and no detergent;
• operate tracks, cords and mechanisms gently and never force them; and
• keep window coverings clear of heaters, candles, cooking surfaces and open flame.

Child and pet safety. Corded window coverings can be a strangulation hazard for young children. We supply and install cord safety devices as required by the mandatory safety standard, and we will show you how they work. Please keep cords and chains secured and out of reach, keep cots, beds and furniture away from window coverings, and contact us straight away if a safety device is damaged, loose or missing.

Our liability

Read this section together with section 14 — nothing here limits any right you have that cannot be excluded by law.

Where we are permitted by law to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of those; and for services, to supplying the services again or paying the cost of having them supplied again.

Otherwise, and to the extent the law allows:

• our total liability arising out of or in connection with your order, however it arises, is limited to the amount you have paid us for the goods and services that gave rise to the claim;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, or loss arising from delay — including a delayed settlement, move-in, rental income or event; and
• we are not liable for loss or damage to the extent it is caused by you or someone acting for you, by information or measurements you supplied, by the condition of the building, or by anything outside our reasonable control.

We carry public liability insurance, and we are responsible for damage our own people negligently cause to your property while working there. Please tell us about any such damage within a reasonable time so we can inspect it and put it right.

Intellectual property

Everything on this website — text, photographs, layout, graphics and code — and the designs, drawings, specifications and quotes we prepare for you, remain our property or that of our licensors.

You may view this site and print or download a copy of a page for your own personal, non-commercial use, and you may keep and use your own quote for its intended purpose. You must not otherwise reproduce, republish, adapt or commercially exploit any of it without our written permission. Our name and logo are our trade marks.

We photograph completed installations for our own records. We will only publish a photograph of your home with your written permission, and you can withdraw that permission at any time — see section 6 of our Privacy Policy.

Privacy

We handle your personal information in accordance with our Privacy Policy, which forms part of these terms. It covers what we collect, why, who we share it with, what goes overseas, and how you can access, correct or delete it.

Events outside our control

We are not liable for failing to perform, or for delay in performing, where the cause is outside our reasonable control — including fire, flood, storm and other natural events, pandemic or public health order, war, civil unrest, government action, border or customs delay, industrial action, shipping and freight disruption, failure of a supplier or manufacturer, and failure of utilities or communications networks.

If such an event occurs we will tell you as soon as we can and do what we reasonably can to limit its effect. If it continues for more than 90 days, either of us may cancel the affected part of the order, and we will refund what you have paid for anything not yet supplied.

Resolving a problem

If something is not right, please tell us first. Almost everything is fixed with a phone call and a visit.

1. Contact us with the details — hello@luminaireliving.com.au or +61 433 581 728. We will acknowledge you within 5 business days.
2. We will investigate, arrange an inspection if we need to, and give you our written response within 30 days.
3. If we cannot agree, both of us will try in good faith to resolve it — including through mediation, if we agree to it — before starting court proceedings. Nothing here stops either of us from seeking urgent relief from a court.

You can also contact Consumer Protection WA for free advice and conciliation: consumerprotection.wa.gov.au or 1300 30 40 54.

General

Governing law

These terms are governed by the laws of Western Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.

Entire agreement

The documents listed in section 1 are the whole agreement between us about your order and replace anything said or written beforehand. This does not limit your rights in relation to anything we have told you that is misleading or deceptive.

Severance

If any part of these terms is unenforceable, it is read down or severed to the minimum extent necessary, and the rest continues to apply.

Waiver

If we do not enforce a right straight away, we have not given it up.

Assignment

You may not transfer your order to someone else without our written consent, which we will not unreasonably withhold. We may assign or subcontract our obligations, but we remain responsible to you for them.

Notices

Notices may be given by email to the address each of us has given the other, or by post to the addresses in these terms. An email is taken to be received on the business day it is sent, unless it bounces.

Interpretation

Headings are for convenience only. “Including” and similar words are not limiting.

Contact us

Questions about these terms, or about an order:

Luminaire Living

ABN 51 462 784 531

Post

28 Augusta Street, Willetton WA 6155

Email

hello@luminaireliving.com.au

Phone

+61 433 581 728 — Mon–Fri 9am–5pm

See also our Privacy Policy.