PLEASE READ THESE TERMS AND CONDITIONS FULLY BEFORE USING THE SITE.

  1. Definitions

The following definitions apply to these Terms & Conditions.

“FKF” means Flatpack Kitchen Fitters PTY LTD (ABN 48 661 951 006).


“GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Hardware” means any cabinetry, appliance or other items purchased by you for installation by FKF.


“Law” means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.


“Personal Information” has the meaning given in the Privacy Act 1988 (Cth).


“Privacy Policy” means the FKF Privacy Policy. View the FKF Privacy Policy for more information www.flatpackkitchenfitters.com.au/privacy-policy  

“Site” means the FKF website www.flatpackkitchenfitters.com.au

“Terms” means these Terms & Conditions.


“User Submission” means anything you post, upload, share, store, or otherwise provide through the Site.


“We”, “Us” and “Our” means Flatpack Kitchen Fitters PTY LTD (ABN 48 661 951 006).


“You” and “Your” means you as the person engaging our services pursuant to these terms.

2. Introduction

Welcome to the website (“the Site”) for Flatpack Kitchen Fitters PTY LTD (ABN 48 661 951 006).

Under the Competition and Consumer Act 2010 (Cth), you must be 18 years of age or older to use the Site and to contract for our services. (This is the age under Australian law at which you are considered to have legal capacity to enter into a contract.) By using the Site or contracting with us, you are confirming that you meet this age criteria.

If you contract with us, you are indicating that you have read and accepted these Terms. Upon engaging our services, these Terms form part of the contract between you and us. Other than these Terms and the agreement about specific work we are to perform, no other term is included in this contract except where required to be included by any law of Australia, or its States or Territories. All implied terms, except those implied by law and which cannot be expressly excluded, are expressly excluded.

Due to constantly evolving business practices and technologies, we may update these Terms at any time. Any updates will be published here on the Site. If there are any significant changes, we will endeavour to let you know about them, but it is your responsibility to check these Terms from time to time to check that you are still comfortable with them. If you continue to use the Site after any amendments to the Terms are published, your use indicates that you have read and accepted them.

We may also terminate these Terms at any time, without notice. If we do this, any rights or obligations outlined in these Terms will survive the termination.

TRADE TERMS

3. Engaging our services

You may organise a quote by following the instructions on the Site, or phoning or emailing us.

A contract is formed between you and us when you accept a quote.

If the price of the services is $10,000 or more, you have a five-day cooling off period in which you can withdraw from our contract. If you do, we will work out what we have spent on the job so far and notify you accordingly. You are entitled to a refund of your deposit, less $100 and any out-of-pocket expenses we incurred before you withdrew from the contract. (Note: This cooling-off period does not apply to contracts with a price of less than $10,000)

If you accept our quote within 30 days, we’ll do your job at the quoted price. If we have delays outside our control or you accept our quote after 30 days, we will charge you prices that apply on the day we start work. We like to keep you informed, so we will let you know of any price changes before starting work, in these situations. 

It is agreed that, in providing the Services, we are acting as an independent contractor and not an employee. Any agreement does not create a partnership or joint venture between the parties and is exclusively a contract for service. 

Except where otherwise agreed in writing, we may, at our absolute discretion, engage a third party subcontractor to perform some or all of our obligations for the contracted works. If we hire a subcontractor:  


    1. to install cabinetry, we will pay the subcontractor for their services;
    2. for works other than the installation of cabinetry (eg. for electrical, plumbing or plastering work), you will pay the subcontractor directly as invoiced by them;
    3. for the purposes of the indemnification and waiver clauses in this Terms and Conditions policy, the subcontractor is our agent;
    4.  the subcontractor is not delegated to agree to amendments to the contracted works on our behalf; and
    5. you remain liable for payment of the Price to us 
Any amendment to the contracted works or additional obligation assumed by either party in relation to the contracted works will only be binding if signed by each party or an authorised representative of each party.

 

4. When work is in progress

We’ll provide you with services as outlined in our quote and your order. We will also comply with the Building Code of Australia and other relevant legal requirements that apply to our work, subject to a small number of exceptions.

We reserve the right to change or alter prices without notice to you. If you have already booked our service at a particular price, we will provide that service at that price.

 

It is your responsibility to order the correct hardware for your premises. Please measure the space your hardware is to be installed in carefully. If you don’t feel confident in doing this, we’re happy to help. Just ask about our check measure service. 

 

It is also your responsibility to buy appliances that match your cabinetry. For example, we have found that kitchen appliances sold by IKEA are made specifically to fit IKEA cabinets. If you buy non-IKEA appliances for an IKEA kitchen, we are not liable for any inconvenience or cost you may occur in remedying that mismatch.

It is up to you to obtain any necessary consents or approvals from local council, body corporate or other entities for contracted works. You must also provide copies of those consents and approvals and other related documents to us. 

 

If the Services includes removal and disposal of existing cabinetry or other hardware, we will arrange for hire of a skip bin and the cost of that hire is incorporated in the Price. If, however, there is not enough room on your property for placement of the skip bin and it needs to be placed on the street during completion of works, you are responsible for paying the skip bin owner for the cost of any permit required for the bin’s temporary placement on the street.

 

We will do our best to do the contracted work on the dates and at the times agreed. However, sometimes things beyond our control prevent us from doing this. We are not liable for any costs incurred by you as a result of delays outside our control. No one likes to be mucked around though, so we will communicate with you promptly if this happens. 

 

You agree to reimburse us from time to time for reasonable and necessary expenses we incur in the course of providing the Services. We will communicate with you and give you the opportunity to pre-approve all such expenses. 

 

Any additional work that needs to be done or that you wish for us to do that is not part of the quote will be charged at an additional rate. We will provide you with a seperate quote for the additional works before commencing them.

 

Except where provided elsewhere in these Terms and Conditions or as agreed separately in writing, we have full control over working time, methods and decision-making in relation to providing the Services to you. We will work autonomously and not at your direction. However, we will be responsive to your reasonable needs and concerns as work progresses. 

 

If the property was built before 1990 there is a chance asbestos may be in the walls. If at any point the installer suspects asbestos, the job must stop for the health and safety of everyone. The issue will be discussed with the customer and it will be the customer’s responsibility to engage the services of an asbestos tester/removalist. Once the asbestos is safely removed the installer can continue works.

5. Paying us for our services

You can pay us for the contracted services by direct debit into our nominated account. 

There are three payment stages under your contract with us.

  1. 10% of the contract price – payable upon acceptance of the quote. We will not book in your job until this is received. We will accept evidence of electronic transfer of your 10% deposit to expedite booking your job. This deposit is non-refundable. 
  2. 60% of the contract price – payable within 24 hours of work commencing. If paying electronically, again, we recommend you provide us with evidence of your payment to ensure there are no unnecessary delays with your work.
  3. 30% of the contract price – becomes due and payable immediately upon completion of the contracted work (if relevant, in accordance with the plans and specifications).

If you don’t pay us on time, we can stop or delay work. We can also terminate your contract and recover from you any outstanding payments and our costs in recovering these from you. 

Contact us as soon as you can if you have any payment issues, to keep communication open.

We can end our contract with you if we learn of circumstances relating to your insolvency, or being placed under receivership or administration. 

If you obtain finance to fund our job, you are responsible for ensuring funds are available when needed under our contract. Any terms and conditions of a third-party finance contract, or delays in obtaining funds under that contract, are not relevant to us and these Terms still apply. 

WEBSITE-RELATED TERMS

6. How you are permitted to use the Site

You have unlimited but revocable permission to use the Site for lawful, personal,
non-commercial use, as outlined with these Terms & Conditions. You are prohibited from using the Site for any other purpose unless you have our written consent to do so.

You must not do any of the following.

  • Distribute, copy, store, post, transmit or commercially exploit any of the Site’s content, unless you have FKF’s written consent to do so. (See 8. Copyright below.)
  • Redistribute or reproduce part or all of the Site’s contents, unless for your personal,
    non-commercial use.
  • Reproduce any of the Site’s contents for the purposes of sale or use by a third party.
  • Assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without FKF’s prior written consent. 
  • Knowingly transmit viruses or other disabling features to the Site.
  • Use the Site or our email address to send unsolicited emails to third parties.
  • Use the Site in any way that:
– infringes the intellectual property or other rights of any person (corporate or individual);
– would cause you to breach Law or any legal obligation;
– would bring FKF or the Site into disrepute;
– defames, harasses, threatens, deceives, defrauds, harms or offends any person;
– would interfere with any other person’s use of the Site;
– would interfere with the proper working of the Site;
– facilitates or assists another person to do any of the above acts;
– violates the security of any computer network, or cracks any passwords or security encryption codes;
– decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.
 We also reserve the right to take action against you if you breach any of these Terms. This may include (but is not limited to) blocking you from use of the Site and to enforce our rights against you.

7. Accuracy of site information

We will take all reasonable care to ensure that all Site content and advertising materials are accurate. Despite this, the Site may occasionally contain errors, inaccuracies and may not be complete or current. 

 

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice. We reserve the right to not fulfil any bookings that you placed based on information on the Site or advertising materials that contain errors or inaccuracies, including without limitations pricing, product descriptions, images, policies, payment term errors. 

 

If we become aware of an error that impacts on your booked service, we will make reasonable attempts to contact you as soon as practicable and provide you an option of reconfirming your booking at the correct price or cancelling your booking. If we are unable to make contact with you, we will treat the booking as cancelled and provide you with a full refund.

8. Copyright

We reserve all copyright and trademark in all contents of the Site, with these items being protected under Australian and international laws. “Contents” includes, but is not limited to, text, graphics, data, articles, photos, images, illustrations and User Submissions. 

By using the Site, you agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Site.

You must not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Site content not owned by you 

    1. without the written consent of the owner of that content; or 
    2. in a way that violates someone else’s (including FKF’s) rights.

You acknowledge that FKF owns the Site and agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any content from the Site.

If we provide written consent for you to copy or download certain content from the Site, all of the above restrictions still apply except where stated otherwise in the written consent.

9. Delays and outages of the Site

We will make our best efforts to maximise availability of the Site to you and keep the Site fault-free. Despite this, we cannot guarantee that the Site will be available all the time or at any specific time, or that the Site is 100% secure or virus-free. We may discontinue the Site at any time without notice. We are not liable for any loss, cost or damage that you may incur in the event of one of these circumstances arising.

10. Third party links and information

From time to time, we may provide links to third party websites on the Site in good faith. We are not responsible for the content of those third-party websites, or the actions or inaction of the owners or operators of those websites. You will need to make your own enquiries of those third parties (if you wish) about whether their products or services are suitable for you. We give no warranties regarding the authenticity of the owners or operators of these third-party websites. We also give no warranties about third party websites and the risk of virus, hacking or breach of security on those websites.

Also, third parties (such as application providers, advertisers, etc.) may use cookies and data tracking technologies to collect information about you when you use the Site, by intercepting communications during transmission over the internet. While we do everything possible to keep your personal information secure once we have received it, we have no control over communications in transit. If you receive advertisements or approaches from a third party as a result of your interactions with us, again, it is up to you to assess the appropriateness of their product or service for you.

GENERAL TERMS

11. Privacy and disclosure of your information

We take your privacy very seriously. Our Privacy Policy is available on the Site flatpackkitchenfitters.com.au/privacy-policy  and outlines how we collect and use, when we may disclose, and how you may access, your personal information. Please take the time to read our Privacy Policy before using the Site (thereby agreeing to these Terms), or using any of our products or services. By using the Site, you are indicating that you have read and accept our Privacy Policy.

12. Resolution of disputes

We want you to be completely satisfied with your experience with us. If you have any issues, we are keen to hear about them. 

Should you have any concerns about, or a complaint arising from, these Terms or your experience with us, we will use our best endeavours to mediate and negotiate with you in good faith to resolve them. We expect you to do the same. While you are always welcome to call us with any concerns or complaints, we will be able to deal with any concerns or complaints more efficiently and quickly if you outline your concern or complaint in writing first, via email at hello@flatpackkitchenfitters.com.au, with as much relevant information as possible.

13. Disclaimers and indemnity

Disclaimers

We will make best endeavours to keep the Site and its content reliable, accurate and up to date, we make no warranties or representations about the Site’s use, the result of using any of its content, or completeness, accuracy, suitability, reliability or otherwise of the Site or its contents.

As it is your responsibility to purchase hardware appropriate for your premises, to the extent permitted by law, we disclaim and exclude all warranties, guarantees, representations or terms, expressed or implied, including implied warranties of merchantability and fitness of that hardware for any specific purpose. We exclude all liability arising from the misuse of hardware, or from faulty hardware, purchased from a third party. (In these cases, any claims must be made against the relevant third party.)

We do not warrant that the Site’s content will be free of errors, that any defects will be corrected, or that the Site or its server is free of viruses or any other harmful components.

The Site provides general information on our products and services only. It does not take into account your specific circumstances and, as a result, the Site does not provide advice specific to you. Any Site content is intended to assist you and is not intended to substitute professional, financial or legal advice. It is your responsibility to determine the extent to which you rely on the Site’s content, whether or not you should use the services offered on our Site, and to seek professional advice, where appropriate.

FKF’s failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. It cannot be construed that an action or inaction by us deems us to have actually waived any current or future liability.

Indemnity

By using the Site or contracting with us, you agree to indemnify us (including our officers, directors, employees and agents) against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs). This indemnification is effective regardless of whether your claim arises in tort or contract regarding your use of, or access to, the Site and our provision of services, any breach by you of these Terms or any wilful, unlawful or negligent act or omission by you.

You and FKF agree that these Terms, together with the contract for provision of specific services to you, are the complete and exclusive statement of the mutual understanding between you and FKF, and these documents supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. 

14. Transfer and termination of our agreement

We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

We may, at our discretion, terminate the agreement for the provision of services to you if FKF reasonably believes you have breached these Terms or committed fraud and that the breach is not capable of remedy or it is not remedied within the provided time period.

15. Enurement 

A contract with us applies to the benefit of, and is binding on, the parties and their respective heirs, executors, administrators and permitted successors and assigns.

16. Enforceability of these Terms 

If any part of these Terms is found to be illegal, void or unenforceable by a court of law of a particular jurisdiction, then that part is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Any part read down or severed shall not apply in that jurisdiction and will be deemed not to have been included in the Terms in that jurisdiction.

17. Jurisdiction

Your use of the Site, this contract and any dispute arising from either of them are subject to the laws of Victoria and Australia. If any such dispute requires resolution through litigation, you must submit to the jurisdiction of the courts of Victoria, Australia.

18. How do I contact you?

If you have any questions or feedback about, or would like to exercise your rights or lodge a complaint under, our Terms, we’re all ears. You can contact us in any of the following ways.

Telephone: 0420 669 298 

Email: hello@flatpackkitchenfitters.com.au   

Website contact form: https://flatpackkitchenfitters.com.au/contact/