Our Terms and Conditions - Please Read Before You Proceed
1. Payment, Cancellations, Deposits
- You the (Customer/s) agree to pay Designer Hideaways in accordance with the following Payment Terms:
- Payment of 40% deposit is required to confirm a position in our build schedule.
- Final payment is due prior to delivery.
- Cancellation of an order by the Customer must put in writing and forwarded to Designer Hideaways immediately.
- Cancellation of an order authorises Designer Hideaways to deduct a sum equal to ten percent of the total price for the goods plus any additional costs to date.
- Failure to pay on-time will also likely result in the delay of the delivery and additional fees.
2. Shipping and Delivery
- Shipping and delivery are handled through a certified freight company. Prices quoted are for delivery to your property.
- Any unreasonable requests which prolong unloading time for deliveries may incur additional charges.
- Please be sure that a 4-8 tonne truck can safely park at the front of your property.
Designer Hideaways has a turnaround time of approximately 6-8 weeks, this may change due to a variety of reasons. We will endeavour to keep you informed of estimated delivery timelines.
It is the Customer's responsibility to make sure that the Studio Kit ordered meets local codes or rules that may apply. Designer Hideaways acceptance of the Customer's order is expressly conditional upon the Customer's acceptance of the Terms & Conditions herein.
The Customer hereby agrees to order the Studio Kit at the stated costs and have read and agree to the Terms & Conditions, incorporated herein under this reference. The Customer understands and agrees that Designer Hideaways reserves the right to change or substitute materials. The Customer understands and agrees that the Studio Kit delivered does not include any foundational work, site preparation, steps or any other materials or work product not specifically defined in the Order.
4. Prices and Quotations
Unless specifically agreed to in advance by Designer Hideaways, all Product prices shall be Designer Hideaway’s list prices in effect at the time Customer’s Order is received. All Prices include GST.
5. DIY and Installation Services
As the name implies, DIY requires Customer to install the Studio Kit yourself or to arrange a third-party contractor. Customers are solely responsible for all necessary permits and any applicable architectural or engineering work, foundational work (including site preparation), as well as the installation and assembly of the Studio Kit. Designer Hideaways accepts no responsibility or liability related to either a DIY installation, or an installation by a third-party contractor. The Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Studio Kit. The DIY Studio Kits are supplied to the customer with full instructions these instructions are expected to be adhered to completely. No responsibility will be taken for misapprehended or disregarded instructions, No responsibility will be taken for unpainted, unprotected or unfinished timber. Designer Hideaways customer service team is available for any questions relating to the build process and requirements.
As part of the Designer Hideaways Customer services, we may recommend to you a third-party contractor to assemble the Studio Kits on your behalf, however you the customer accepts full responsibility for engaging and managing the third-party on your own behalf and at your own discretion.
We do our best to only recommend appropriate third-party installers to assist you, but Designer Hideaways can not be held liable for any damages to your property or other person’s property or to your Studio Kit caused by the third-party contractor, even if we have recommended their services to you.
Our delivery dates are estimates only, and Designer Hideaways does not guarantee that the Studio Kit will be delivered in accordance with such estimates. Without limiting the generality of the foregoing, Designer Hideaways may delay delivery of the Studio Kit without any liability therefore as a result of any delay caused by events outside Designer Hideaway’s reasonable control including, but not limited to, work stoppages, labour difficulties, Designer Hideaways inability to obtain necessary materials, components, labour, or anything else that would in any way impair Designer Hideaways ability to deliver the Studio Kit.
7. Shipment and Title
Customer is deemed to have received the Product upon delivery of the Studio Kit to Customer’s delivery address. Designer Hideaways shall bear all risk of loss and casualty to the Studio Kit until the Studio Kit has been received or deemed to have been received by Customer. Customer shall bear all risk of loss and casualty to the Studio Kit upon and after the Product has been received or deemed to have been received by Customer. If the Studio Kit is delivered to Customer’s delivery address, Customer is solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. Customer is solely responsible to inspect the Studio Kit upon receipt for any visible damages incurred during shipping before signing off with the delivery service. If upon inspecting the shipment Customer notices visible damage, Customer is to notify Designer Hideaways immediately. Adhering to freight law, Designer Hideaways prohibits the rejection of any and all pieces, damaged or undamaged. In the event of concealed damage, Customer is to notify Designer Hideaways at first opportunity or within 14 days.
Upon signing the delivery papers by Customer or on Customer’s behalf, Customer is solely responsible for the Studio Kit and any and all costs associated with the Studio Kit with the exception of concealed damage.
8. Limited Warranty
Designer Hideaways manufacturer’s warranty is to the original purchaser of the Studio Kit that, should there be any defects in the material or workmanship during the initial 1 year (12 months) from Customer’s receipt of the Studio Kit, Designer Hideaways will either repair or replace the covered defects. The Customer must notify Designer Hideaways of any claim of defects in the material or workmanship within one (1) year after Customer’s invoice/receipt of the Studio Kit. Notice must be in writing, stating specifically the basis for the claim, and include sufficient photographs of the defect(s). This warranty gives you the Customer specific legal rights. (Customer may also have other rights which may vary from state to state). Failure to follow the Instructions or any related given information, and any abuse or misuse of the Studio Kits including unauthorised alterations, will void this Limited Warranty.
The Studio Kits are constructed using timber products which are a natural material and therefore some warping, twisting, cracking and splitting may occur. Timber does contain a vast variety of colour, texture and naturally occurring features. The Studio Kits timbers must be completely painted or sealed, within four (4) weeks of Customer’s receipt of the Studio Kit, using a minimum 3 coats on any timber surfaces including, but not limited to, Doors, Windows, Front Cedar Walls, and Facade components, for this Limited Warranty to apply.
Designer Hideaways is not responsible for damage caused by the location of the Studio Kit on or over inappropriate soils or terrain or by the use of improper replacement parts. Designer Hideaways assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Studio Kit. Designer Hideaways accepts no responsibility or liability related to DIY or third-party installation. Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Studio Kit. The DIY kit is supplied to the customer with full instructions, these instructions are expected to be adhered to completely. No responsibility will be taken for misapprehended or disregarded instructions. Designer Hideaways reserves the right to change and/or improve the design and/or specifications of the Studio Kit without notice or obligation to modify previously produced units.
DESIGNER HIDEAWAYS MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE THREE HUNDRED AND SIXTY FIVE (365) DAYS FROM CUSTOMER’S RECEIPT OF THE STUDIO KIT.
Customer agrees to indemnify, hold harmless, reimburse and defend the Company and each of the Company's officers, directors, agents, affiliates, control persons and principal shareholders, at all times against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Company which results, arises out of or is based upon: (i) any misrepresentation by Customer or breach of any warranty by Customer in this Agreement or in any exhibits or schedules attached hereto or any Related Agreement; or (ii) any breach or default in performance by Customer of any covenant or undertaking to be performed by Customer hereunder, or any other agreement entered into by the Company and Customer relating hereto.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DESIGNER HIDEAWAYS BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR CUSTOMER’S PURCHASE OF STUDIO KITP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF DESIGNER HIDEAWAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DESIGNER HIDEAWAYS' AGGREGATE LIABILITY WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER TO DESIGNER HIDEAWAYS.
10. Trademarks and Trade Names
Customer acknowledges and agrees that all brand names, trade names, and trademarks incorporated onto or associated with the Studio Kit (collectively, the “Marks”) purchased hereunder are the exclusive property of Designer Hideaways and that Customer shall not acquire any rights in any of the Marks by purchasing the Studio Kit. Customer shall not make any use of the Marks at any time except as otherwise authorised by Designer Hideaways in writing.
11. Proprietary Information/Nondisclosure
Customer acknowledges and agrees that any knowledge or information, including drawings, designs, specifications, plans, and data, that Designer Hideaways may have disclosed or may hereafter disclose to Customer incident to the placing and filling of an Order shall, at all times, remain the exclusive property of Designer Hideaways, and Customer shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by Designer Hideaways. Customer further acknowledges and agrees that such proprietary information constitutes valuable, special, and unique business assets of Designer Hideaways and that Customer shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by Designer Hideaways.
12. No Waiver
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
14. No Assignment
Customer agrees that Customer may not assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Studio Kit.
15. Attorneys Fees
Customer agrees that if Customer fails to timely pay to Designer Hideaways any sums due hereunder and Designer Hideaways sues to collect such sums, Customer will be liable for reasonable fees, including but limited to collection fees and any attorney’s fees, so incurred by Designer Hideaways.
16. Usage and Purposes
These Sheds have many amazing uses and customers use them for an array of purposes. It’s the customers sole responsibility to ensure all uses are covered by their local health and safety and council laws and permits.
Due to the nature of the Studio Kits, Designer Hideaways does not except refunds due to change of mind or circumstances. If you have a change of heart before the shipping of your order, please reach out to our customer service team.
Need Some Help?
We really do pride ourselves on our great customer service. If you need help or advice, or you've experienced a problem with our service or one of the studios we've sold to you, we would love to have the chance to help. Please call us today: 03 5968 3373
While we do our very best to make sure all the information we provide on our website is accurate and up to date, and we can't be held liable for any mistakes or errors that may be present, we will do our best to make sure that any errors are corrected as soon as they are brought to our attention.