So Watt Terms & Conditions
Online Purchases Only. Last Updated: 3 February 2023
- The So Watt website, located at sowatt.com.au (Website), is operated by So Watt Pty Ltd (ABN 29 605 463 572) (So Watt, we, our, and/or us).
- As a condition of using our Website or placing an order with us to purchase stocked products (Stocked Products) and/or made to order products (Made to Order Products) found on our online store on our Website (jointly Products), you (you, the customer) agree to the following terms and conditions (Terms) and to be legally bound by these Terms.
- If you do not agree with the Terms, you should stop using the Website.
- So Watt has the right to vary the Terms at any time and without notice to you. We will post changes to our Terms on our Website. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.
- These Terms do not apply to our custom joinery or large furniture projects engagements (Custom Projects), as these are covered by a separate agreement.
- Change of Mind
- Online Shopping can be tricky! We provide refunds for ‘change of mind’ but only where stated in this clause. Subject to clause 7(a), we do not otherwise provide refunds for ‘change of mind’.
- Cancellation of orders for Made to Order Products. Subject at all times to clause 7(a), customers of Made to Order Products:
- Can cancel their order within a 24-hour period of placing the order for change of mind and receive a full refund.
- Can cancel their order between after placing the order for change of mind and receive a 50% refund.
- Cannot cancel their order due to a change of mind after 72 hours (and they will not be entitled to receive any refund if they do).
- Return of Stocked Products orders. If you wish to return Stocked Products, you must do so within 30 days of the delivery of the Order and you will receive a full refund provided:
- The Stocked Products are in the same condition as when they were delivered and are not damaged in anyway;
- The Stocked Products are in the same packaging as when delivered and the packaging must be in good functional and aesthetic condition;
- You drop off the Stocked Products to our showroom at 3 Shirlow Street, Marrickville, NSW (Showroom), between 9am-5pm Monday to Friday or post/ship back the Stocked Products at your own expense;
- We reserve the right to refuse to accept the return, if the Stocked Products are damaged during the return process; and
- We are not liable for any damage to the Stocked Products if you attempt to return them.
- Cancellation by us of orders. While we try our best to fulfil all orders, you agree that we have the right to accept, reject or cancel an order for any reason at any time, and all orders are subject to availability of the relevant Products. If we cancel an order, we will provide paid to us in relation to the cancelled order.
- So Watt provides information on lead times for Stocked and Made to Order Products in the Product descriptions on our Website. All leads times estimates only and subject to change.
- Subject to clause 7(a), So Watt is not responsible or liable to you for delays in the supply of Made to Order Products due to the delayed or interrupted supply of materials from external suppliers or for other reasons outside the reasonable control of So Watt.
- So Watt will alert the customer of any potential delays to the delivery of any Made to Order Products.
- So Watt requires full payment at the checkout for all Products (and applicable shipping fees) purchased on the Website.
- Product prices and shipping fees are specified on the Website.
- We reserve the right to change Product prices and shipping pricing at our discretion and without notice and will update such information on our Website if we do.
- So Watt may create and supply you with an installation instruction manual to facilitate the smooth and correct installation of your Product. However, this is at the discretion of So Watt.
- If you wish for So Watt to install or arrange for the installation of any Product you purchase from the Website (an Installation), please contact So Watt for a quote.
- Installations are subject to availability and may be conducted by members of the So Watt team or third party installers (Third Parties). You will be notified prior to commencement who will be undertaking an Installation.
- In the event that an Installation is carried out by a Third Party or the customer (or an installer arranged by the customer), So Watt is not responsible nor liable for any incorrect installation or damage of the Product, location of installation or any other loss or damage.
6. Delivery, Title & Risk
6.1 Receipt of Delivery
- Orders placed for pieces too large for general post boxes will require the customer to be at the delivery address to receive the item.
- So Watt or the designated carrier will contact the customer on to arrange a suitable delivery time. If the customer is not at the delivery address during the agreed time a re-delivery fee will be charged to the customer.
- If it is not possible for our delivery agents to deliver while the customer is at the delivery address, the goods can be left elsewhere on the property under cover if this is available and accessible. After which So Watt take no responsibility for lost, stolen or damaged goods.
- Some of our carriers do not deliver goods up flights of stairs. A scenario where this would apply is where we send a fragile item to you via courier service Pedemonts. You agree that this courier policy is outside of our control and you are responsible and liable for moving the goods via the stairs where this occurs.
- So Watt will request information for onsite access for deliveries prior to departure.
- Any changes to the site access such as inaccessible loading docks will result in the cancellation of the delivery and a redelivery at the customer’s cost.
- So Watt require the path up to and area of placement to be cleared of any obstacles prior to delivery.
- Failure to do so will result in the delivery of the work to the closest possible cleared area on the premises and no placement service.
- Title in the Products you purchase from us passes on full payment of the purchase price and shipping fees.
- To the extent permitted by law, risk in the Products you purchase from us, passes to you when the order is delivered to you at your nominated delivery address.
Australian Consumer Law, Defects & Liability
- Nothing in this Agreement restricts, limits or excludes any rights you may have under the Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) or any other law.
- If you acquire any goods under this Agreement as a Consumer as defined in the Australian Consumer Law (Consumer), the goods will be supplied in accordance with any applicable consumer guarantees as defined in the Australian Consumer Law (Consumer Guarantees).
- Some of our goods may come with additional warranties than those provided under the Australian Consumer Law (Warranties). We will advise you of any Warranty that applies to your goods in writing separate to this Agreement. Our Warranties are in addition to, and do not restrict, limit or exclude any rights you may have under the Australian Consumer Law or any other law.
- Other than as provided in clause 7(b) and to the full extent permitted by law, we exclude any warranty or condition in relation to Products supplied to you, which would otherwise be implied.
- Subject to clause (a) and without limiting any other rights you have at law, if any of our goods fail to comply with any Consumer Guarantees, we agree the following (unless a more favourable position is offered to you in our Returns & Shipping Policy):
- If the goods have a minor problem: we will at our election, repair, replace or refund the goods; or
- If the goods have a major problem: we will at your election, repair, replace or refund the goods.
- Please refer clause 9 and to the Warranties documentation for characteristics and items that are not considered defects or faults.
- To the extent permitted by section 64A of the Australian Consumer Law, our liability to you for any loss or claim suffered by you under this Agreement including in respect of our failure to comply with any Consumer Guarantees, is limited to (at our election):
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or acquiring equivalent goods; or
- The payment of the having the goods repaired;
- You agree to thoroughly inspect your Products upon delivery. Please email email@example.com as soon as possible after realising your Product has a potential defect with all the relevant details ideally within 7 days.
- We will conduct our assessments as soon as possible upon notification by you (including arranging for the pick up or delivery of alleged faulty Products) and advise you on next steps and your possible remedies including whether you are entitled for a refund or exchange. We aim to process any eligible refunds within 7 days of completing our assessment. Products should be sent to our Warehouse (address above).
- Subject to clause 7(k), we will arrange and pay for the costs of shipping costs if your Product is faulty and needs repairing or replacement unless you wish to deliver the Product to our Showroom.
- Subject to clause 7(a) and without limiting any other rights you have at law, in the event that an item is returned via an external delivery company or our delivery staff or an employee of So Watt is called out to inspect an alleged defect in workmanship, a fault or any other warranty claim and these are not substantiated or established to be the responsibility of So Watt at law, the customer will be charged the costs associated with the call out or shipping of the item.
- The list of disclaimers in this clause is not exhaustive. For example, the Warranties contain additional disclaimers applying to the Products.
- So Watt manufacture their furniture with a range of Australian made high grade plywood varieties (Australian Made Hoop Pine Plywood, Australian Made Blackbutt Plywood, and Australian Made Spotted Gum Plywood) . This can result in variations of timber tone, grain and construction in each order of plywood.
- Higher grades of Plywood or hand-picked materials are available to our customers at an additional fee.
- Products are generally handmade by the team at So Watt. As such there will always be variation across manufacture of repeated items.
- We work with natural timbers and organic finishes. The sample piece we supply will never be an exact match to the finished piece, but we endeavour to make it as close as the materials will allow.
- Customers referring to a sample in their care must consider the storage and age of this sample if referred to after a significant amount of time has passed since the customer acquiring the sample.
- Availability of sample pieces cannot be guaranteed unless an order for the full amount of material has already been placed to complete the project in question.
Characteristics not defects
- For the avoidance of doubt, the of characteristics in our Products below are not considered defects. For example, the list of characteristics in this clause is not exhaustive. The Warranties contain additional characteristics which are not defects in relation to the Products.
- THE BUTTERFLY PATCH: Butterfly patches are little patches that are a snug and flush replacement for naturally occurring knots in the timber. It may have been from a branch growing in that spot or a tear in the thin and fragile veneer. Depending on the type of plywood you have selected for your project, there can be up to six butterfly patches on one face. We endeavour to orientate the components of our furniture to avoid prominent display of batches while balancing the affordability of our work for our customers.
- THE EDGE VOID: Plywood is made by laying one sheet of veneer on top of another. Butterfly patches are not applied during this process which means that a void from a knot on one internal layer of veneer will remain as a void. The ply is still strong because these are only small voids and across the size of the board the layer is supported on either side. It is not possible to see these voids until we cut into the sheet of ply, making it impossible to elude. Very often these will land along the edge of the cut part. We do not fill these voids as they are a characteristic of plywood, unless they threaten the stability of the part due to their location. Some bespoke plywood makers will lay their own sheets of plywood using A grade veneers to avoid these voids, which comes at a significant cost that is passed on to the customer.
- TONAL VARIATIONS: Plywood is a natural material and will have varying characteristics depending on the weather, age and specific tree being used for the sheet of ply. Plywood is also made using lots of different types of timber, so the tone will differ between these species. Occasionally a supplier will be out of stock so we may need to source the plywood from elsewhere. It is always following the same grade of ply no matter the source, but sourcing from different geographical locations can result in slight variations across the order.
- COLOUR CHANGES: You may notice your Birch Plywood furniture is becoming darker over several years. This can be due to UV exposure levels or daily use as well as the age of the finish. Remember that UV exposure happens even when not in direct sunlight! Our Plywood furniture is finished with low VOC water based paints and tints specially formulated for us by a leading Australian supplier. Depending on the colour you select, you may notice these changes sooner on lighter finishes.
- We are committed to the transparent management of your personal information.
- So Watt Pty Ltd is the owner or licensee of the trade mark So Watt and its logo mark found on the Website. Other product and company names displayed on the Website may also be trade marks of their respective owners.
- So Watt Pty Ltd is the owner or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).
- While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.
Third Party Links
- The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites.
- We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.
Limitation of Liability
- Subject to clause 7(a), and only to the extent permitted by law, you agree:
- Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred; and
- So Watt does not make any representations, warranties or guarantees in relation to the Website or the supply of the Products via the Website (other than the representations, warranties or guarantees referred to in these Terms); and
- So Watt hereby disclaims all liability in connection with any loss arising out of or in connection with any use of, or reliance on, the Website.
- Subject to clause 7(a), and only to the extent permitted by law, you agree:
- You indemnify us (and our representatives) from and against all claims and loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms.
- We have an obligation to mitigate any claim or loss which may be made or brought against or suffered or incurred by us.
- Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the claim or loss.
- The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.
- If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.
- This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.