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Henri Living

Customer Resources

Terms + Conditions

The Terms and Conditions stated on this page apply to all goods purchased from LH Squared Pty Ltd (ACN 165 192 334) as trustee for The Henri Family Trust trading as "Henri Living" (ABN 55 771 748 724) (Henri Living) by the purchaser (you).

Goods remain the property of Henri Living until paid for in full - this includes all delivery and storage charges.
Do not make cash payments without getting a receipt - we require proof of purchase at all times.

Delivery

While all efforts are mode to deliver your order within a timely manner, due to causes that are beyond Henri Living's reasonable control such as (but not limited to) industrial disturbances, delays in transit, damage of product in transit and shortage of product, any timeframe indicated to you will be an estimate only and can not be guaranteed.

Henri Living will not accept any liability or responsibility for delays in the delivery of Goods. We will only be liable for liquidated damages for a delay in delivery if these have been stipulated in the Quotation, Sales Order or Sales Invoice, and are limited to 5% of the contract value of the Agreement.

Delivery times will only be booked once payment for goods and any other applicable fees and charges including but not limited to the delivery fee has been paid in full.

Delivery includes assembly of products however, does not include any installation. Where installation is required, a separate quote will be provided.

Delivery to a 50 km radius of Perth CBD is charged as follows:
1 Man drop off (no assembly required) - $90.00
2 Person Delivery (0–1hr) - $150.00
2 Person Delivery (1hr+) - $250.00
2 Person Delivery (2hrs+) - $300.00
2 Person Delivery (4hrs+) - $400.00
2 Person Delivery (6hrs–8hrs) - $800.00
Apartment/ Lift / Stairs / Parking Surcharge - $50

Our delivery team requires a minimum of 24 hours notice to cancel a delivery. Any delivery cancelled within 24 hours of delivery may attract a subsequent delivery charge.

Delivery Access

You are responsible for ensuring that there is adequate access and entry to your premises for delivery. This includes access to the area within your premises that the item is to be delivered. The delivery fee covers a standard ground floor delivery. Please advise us of any special requirements such as (but not limited to) stairs or lifts as you may be required to pay additional delivery surcharges for such special requirements.

Either on site parking with no restrictions to vehicle height and stay times or adequate unrestricted street parking within 20m of delivery address entrance must be provided for delivery vehicles.

In the case that inadequate access is provided, you may be required to sign a waiver indemnifying Henri Living against any potential damage that may occur.

If any special requirements including (but not limited to) stairs, lifts, underground parking or inadequate street parking are not disclosed prior to delivery, items may not be delivered.

If any of the above terms are not accepted by the receiver on the day of delivery, goods will not be delivered.

If we are unable to make delivery for any reason resulting from lack of access to the property, the goods will be sent back to the warehouse and you will be invoiced for the failed delivery, the cost to return the goods to the warehouse, storage costs and subsequent delivery attempts.

Warranty

All products sold by Henri Living come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for 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.

In addition, our products are guaranteed to be free from manufacturing faults and defects for a period of 12 months from the date of delivery and all sofa frames being guaranteed for a period of 5 years unless otherwise stated. This warranty is applicable only to faulty materials or workmanship.

Please note that our guarantee does not cover any breakage caused by negligent and/or improper use of the goods, changes caused by normal wear and tear, any damage caused by lack of and/or erroneous maintenance, any damage due to an accident or force or degradation of finish caused by environmental factors.

Exclusions
Subject to the Australian Consumer Law, this Warranty will not apply to any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, this Warranty will not apply if:


(a) Repairs to a product are made or attempted by a service provider other than one approved by Henri Living.
(b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
(c) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
(d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(e) The product is tampered with in any way.

Warranty claims can be submitted in writing to info@henriliving.com.au or by mail to 204 Stirling Hwy, Claremont, WA 6010.

Payments

A minimum of 50% deposit is required before any order is placed with our manufacturer(s) with final payment required within 7 days of items arrival at the Henri Living warehouse.

Where goods are in stock at the time of purchase, the purchase price must be paid in full at that time, prior to collection or delivery of the goods.

Refunds & Returns

Henri Living would like you to be completely satisfied with your purchase.

We recommend the inspection of any items that immediately at the time of delivery to ensure you are completely satisfied with the items, including that the items are of acceptable quality, and match the description we have provided to you. If items are being collected from our showroom or warehouse, we also recommend inspection of these items prior to leaving the place of collection.

Unless covered by the Henri Living Warranty policy, all product returns are at the absolute discretion of Henri Living and is subject to management approval. Unfortunately we can not accept returns due to change of mind unless agreed to in writing by Henri Living Management. Henri Living reserves the right to charge a re-stocking/handling fee of 10% of the RRP of the items being returned.

Any delivery charges are non refundable once delivery has already occurred.

Order Cancellation
In the event an order needs to be cancelled, a cancellation fee of 10% of the invoice is payable on cancellation. Where production has already commenced, your deposit is rendered non-refundable to the maximum of 50% of the RRP of the item being cancelled.

Clearance Items
Subject to the Australian Consumer Law, any products sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to your attention prior to purchase is not returnable.

Storage

Henri Living will hold orders free of charge for a period of 7 days, after which a storage fee will be charged unless otherwise agreed to in writing by Henri Living. Storage fees are calculated at a rate of 2% per month calculated on a daily basis, such interest being calculated to the RRP of the goods being stored.

Risk

Risk of the goods will remain with Henri Living until the point of delivery to you, where risk will then pass wholly and absolutely. For the avoidance of doubt, please make sure you check the condition of goods at the time of delivery as your signature will be required to acknowledge that the goods have been received in good order.

In the event that Henri Living is requested to warehouse the product, the client will be required to pay 100% of the applicable invoice. Upon payment, risk will pass to the client.

General

The Purchaser shall indemnify Henri Living, and hold Henri Living harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, arising out of, in connection with, or resulting from the Purchaser's use of the goods, including without limitation the manner by which the Purchaser makes the goods suitable for use by other persons.

Henri Living’s liability for any loss of or damage to revenue, profits, savings, use, contracts, production, goodwill, business opportunity or business and any consequential or indirect loss or damage whatsoever
and howsoever caused, is expressly excluded. Henri Living’s only liability for loss or damage incurred in respect of goods supplied (or agreed to be supplied) shall be limited to the repair of the goods or the
refund of the purchase price, if at all.

No oral representation by Henri Living or its employees or agents which is inconsistent with these Terms and Conditions shall be valid. Any notice given under these Terms and Conditions must be given in writing and
delivered, mailed, faxed or transmitted electronically, to the respective party at their designated address as notified by one party to the other from time to time.

The construction, validity and performance of these Terms and Conditions are governed by the laws of the State of Western Australia. If any of these Terms and Conditions are deemed by a court of competent jurisdiction to be ineffectual, invalid or unenforceable, then that part shall be severed and the remaining Terms and Conditions (or part thereof) shall remain in full force and effect. These Terms and Conditions supersede all previous written or oral negotiations and representations, any earlier agreement for or in connection with the same class of goods and any earlier Terms and Conditions issued by Henri Living.

By payment of the tax invoice to which these Terms and Conditions are attached, the Purchaser agrees to be bound by these Terms and Conditions.