1.1 In these Terms:
“Company” means [Foreva Yours]
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale
2.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice. The prices shown on Foreva Yours website and price list may be updated at any time as required by Foreva Yours.
2.2 Any request for variations or amendments may incur an additional cost.
2.3 Unless specified, all prices quotes exclude Goods and Services Tax (GST).
3.1 Payments are to be made to Foreva Yours
3.2 A minimum deposit of 50% of the invoice price must be paid at the time of casting appointment.
3.3 The balance of the invoice price must be paid upon collection.
3.4 Should the invoice not be paid within the invoice period, the Customer will receive a phone call or message reminder from Foreva Yours to pay the outstanding invoice. If the customer does not pay the outstanding invoice, the customer forfeits any deposit paid and the goods become the property of Foreva Yours and may be destroyed.
4.1 The Customer must, within 14 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
4.2 If the Customer fails to collect the Goods or accept delivery within 14 days of being notified of their availability, Foreva Yours may terminate this contract, keep the deposit and the goods become the property of Foreva Yours and may be destroyed.
4.3 The Company reserves the right to charge the Customer storage on goods not collected or delivered within 14 days of notification of their availability at the rate of $20.00 per week or part thereof. Storage of goods is off Foreva Yours premises hence the storage fee applies.
4.4 Foreva Yours take care in packaging goods to ensure their protection in transit. Foreva Yours takes NO responsibility for breakages or damages that occur during transit due to customer handling.
4.5 Foreva Yours will not be held liable for any losses that may occur as a result of the loss or non-delivery of your goods. In the event of a loss or non-delivery, the customer must contact the carrier directly to lodge a claim.
5.1 Unless the Customer has inspected the Goods and gives written notice with supporting images to Foreva Yours within 24 hours after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
6. Change of Mind & Cancellation Policy
6.1 In the event that an incorrect selection has been made, the customer is to contact Foreva Yours in writing as soon as possible and within 24 hours to request an amendment.
6.2 If the order has not commenced, amendments may be approved in writing, at the discretion of Foreva Yours. Any amendments or variations to the original order may incur additional fees.
6.3 A customer may cancel an order within 24 hours of payment being made. In the event of cancellation, the customer will receive a refund of 50% of the deposit paid. This is excluding orders made for baubles and/or freestanding sculptures whereby the deposit is non-refundable.
6.4 Foreva Yours will not provide a refund for change of mind; or for any orders cancelled after the 24 hour grace period.
7. Return & Refund Policy
7.1 Foreva Yours is not obliged to accept the return of any goods.
7.2 All goods are personally handcrafted by Foreva Yours. Thus, refunds are not provided unless the goods are faulty or contain a manufacturing defect.
7.3 Variations in colour and texture may occur and do not constitute a defect.
7.4 The customer acknowledges that imagery contained on the Foreva Yours website and social media accounts are indicative only, and the goods provided may differ. All goods are handcrafted and as such, may contain unique variations, which cannot be replicated.
8.1 Except as expressed, Foreva Yours makes no warranties or other representations under these terms and conditions.
8.2 The customer agrees to abide by all care instructions as provided with the goods. Foreva Yours will not be held liable for the mistreatment or incorrect mounting of goods, or failure to follow the mounting care instructions.
9. Limited Liability
9.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
9.2 Foreva Yours is not subject to, and the Customer releases Foreva Yours from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that Foreva Yours is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
9.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Foreva Yours and the Customer (Contract) then, to the extent to which Foreva Yours is entitled to do so, Foreva Yours liability under the statutory provisions is limited, at Foreva Yours option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
And in either case, Foreva Yours will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
10. Force Majeure
10.1 Foreva Yours will not be liable for any breach of contract due to any matter or things beyond Foreva Yours control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, strikes, lock-outs, work stoppages,riots or civil commotion, intervention or public authority, explosion or accident.