Mandatory Wording

If you are a “consumer” under section 3 of the Australian Consumer Law, the following mandatory text applies:

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

Definitions

In this warranty document:

(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;

(b) Ex-Rental Stock means Goods which are second-hand, used or ex-rental, where the sales document provided to the Customer states that an Ex-Rental Stock Warranty applies;

(c) Extreme Use means any damage caused to Goods which are outside of normal wear and tear, including spills from acids, solvents, dyes or other corrosive materials, ink, pant or bodily fluids, moisture of any kind, improper cleaning techniques or placing Goods outsides in close proximity to heat or in direct sunlight;

(d) Factory Second Stock means Goods which contain a fault or imperfection (e.g. cosmetic issues like scratching or denting) or are ex-display models or floor stock and thus sold at a reduced price, where the sales document provided to the Customer states that a Factory Stock Warranty applies;

(e) Goods means goods supplied by Emese to the Customer;

(f) Lighting & Homewares means Goods described as lighting or homewares acquired by the Customer;

(g) Structural Warranty means a warranty for defects in the frame or internal structure of Goods, and excludes any defects in the surface, decoration, fabric, cracks or finish of Goods.

Period of Warranty

Structural Warranty for Lighting & Decor Homewares - 1 year from purchase date. Does not apply to light globes.

Exclusions

Subject to any rights or remedies you may have under the Australian Consumer Law, the warranties listed above do not apply in relation to:

(h) Goods that are relocated from the Customer's original delivery location to any location outside of Emese’s Serviceable Area;

(i) Goods which, by their nature or design, can be expected to exhibit minor flaws or variations, for example Goods which are designed to be of a rustic nature where surface details may vary from the imagery or display model;

(j) defects or damage resulting from your negligence, abuse or misuse of the Goods, including inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed or for any ordinary wear-and-tear;

(k) the fabric or leather coverings of Goods, or Goods made up of cane or wicker, unless the sale document provided to you expressly states that a warranty will apply;

(l) any damage caused by a transport carrier that you engage directly;

(m) any Extreme Use; or

(n) any damage caused by work carried out on or in respect of the Goods by a contractor or third party (except where pre-approved or expressly recommended by Emese).

Claiming under this warranty

If a defect appears in Goods covered by the warranty within the warranty period, you must stop using the Goods immediately. You can claim under this warranty by contacting the Emese Team using the following details:

Emese Team

Phone: +61 421 345 233
Email: contact@emese.com.au

Once we receive your claim, one of our representatives will help to determine, acting reasonably, whether the warranty claim is valid and, if it is, will inform you how we will honour it.

We may require you, after you lodge your claim, to provide proof of purchase details, to respond to questions that are designed to assist with determining potential defaults, and to follow our procedures for obtaining warranty service, which may include a physical or virtual inspection of the Goods. You must respond to all requests promptly.

Subject to any rights or remedies that may apply to you under the Australian Consumer Law, we will bear the reasonable delivery cost of any required return of the Goods. However, if we determine that your claim is not valid after receiving and inspecting the Goods, you will be responsible for the cost of return (and any re-delivery) of the Goods.

Remedies

Subject to any rights or remedies available to you under the Australian Consumer Law, if you submit a valid warranty claim, we will, at our discretion, either repair the Goods, refund the cost of the Goods, or replace the Goods with items of equal function and quality. If a replacement is provided, the replacement item will become your property, while the original Goods or their components will become our property.

Separate or additional warranties

If a separate or additional manufacturer's warranty applies to the goods, we will inform you of the warranty details and provide any necessary assistance and information to help you make a claim.