Terms & Conditions

1. About these terms

In these terms, “Lusso”, “we”, “us” and “our” mean The Trustee for HOPKINS FAMILY TRUST ABN 72 388 582 539, trading as Lusso. “You” and “your” mean the person or entity named as the customer on our quote, order or invoice. “Goods” means the products we supply. “Services” means measuring, manufacture, delivery, installation, servicing and any other services we supply. “ACL” means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

These terms apply to every quote, order and contract between you and Lusso unless we agree otherwise in writing. Your contract with us is made up of our accepted quote, these terms, and any variation we agree in writing.

We may update these terms from time to time. The terms that apply to your order are the terms in force on the date we accept your order. We will not change the terms of your order without your agreement in writing. Updated terms apply only to orders placed after they are published.

2. Quotations

Our quotes are valid for 30 days from the date of issue unless the quote says otherwise.

Quotes are based on the measurements and site information available when the quote was prepared. Where we quote from measurements, plans or specifications you supply, you are responsible for their accuracy. If a check measure shows the quote needs to change, we will tell you and agree any change with you before we proceed.

Our quote states whether prices include GST. Where GST applies, it is shown on your quote and tax invoice.

A quote is an invitation for you to place an order. We are not bound to accept an order, and we may decline it before it is accepted. If we decline your order we will refund in full any money you have paid, within 10 business days.

3. Orders

You place an order by signing or electronically accepting the acceptance page of our quote, or by issuing a purchase order that refers to our quote, and paying the deposit under clause 4.

A contract is formed when we confirm acceptance of your order in writing.

Our goods are custom made to your measurements and selections. Please check the details on your quote carefully before you accept it — including fabric, colour, control side and position, roll direction, fitting method, coverage and motorisation. Once manufacture has begun, changes may not be possible (see clause 6).

4. Payment

• Deposit — 50%. A deposit of 50% of the total contract price is payable when you accept our quote. We will not place orders with our suppliers or begin manufacture until the deposit has been received and cleared.
• Balance — 50% on the day of installation. Where we supply goods without installation, the balance is payable before dispatch or collection.
• Where installation is carried out in stages, we may invoice the balance in proportion to each stage as it is completed, payable on the day that stage is installed.

You can pay by electronic funds transfer to the account shown on your invoice, or by card. Any card surcharge does not exceed our cost of accepting that card and is disclosed to you before you pay.

If an amount is not paid by its due date, we may charge interest at 2% per annum above the Reserve Bank of Australia cash rate target, calculated daily from the due date until the amount is paid. We may also recover the reasonable costs we actually incur in recovering the debt. We will not charge more than our actual reasonable costs.

You must pay each invoice in full without deduction, other than any amount you are lawfully entitled to withhold or set off.

Domestic building work. If any part of the work is “domestic building work” under Schedule 1B of the Queensland Building and Construction Commission Act 1991 (Qld), the deposit we take will be limited to the maximum permitted by that Act, and we will tell you the applicable amount before you pay.

5. Cooling-off rights

If your agreement with us is an “unsolicited consumer agreement” under the ACL — for example, where we approached you and negotiated the sale at your home, workplace or by telephone, and you did not invite us to do so — you may cancel the agreement within 10 business days, starting on the first business day after you receive the agreement document. You may cancel in person, by telephone, in writing, by email or by post.

Where that right applies, we will not supply goods or services with a value over $500, and we will not accept any payment from you, during the cooling-off period. If you cancel within the cooling-off period, we will refund in full any money you have paid, within 10 business days.

Where you invited us to attend to measure and quote, contacted us first, or purchased from our showroom, the agreement is not an unsolicited consumer agreement and this clause does not apply. Your rights under clause 6 and under the ACL are unaffected.

6. Changes and cancellation

Requests to vary an order must be made in writing (email is fine). We will consider each request reasonably, having regard to how far manufacture has progressed. If we can accommodate a variation, we will confirm any change to price and lead time with you before we act on it.

Because our goods are made to your order, cancelling after we have accepted your order may cause us real loss. If you cancel, you must pay us the reasonable costs we have actually incurred and the loss we reasonably suffer as a direct result of the cancellation, up to the contract price. We will apply your deposit against that amount and refund any balance to you within 10 business days. We will give you an itemised statement of what we have charged and why, and we will take reasonable steps to reduce our loss.

We will not retain more than our reasonable loss. The amount payable on cancellation is not a penalty.

We may suspend or cancel your order if you do not pay an amount when it is due, or do not provide safe access for installation — but only after we have given you written notice and a reasonable opportunity to put it right.

7. Site conditions, access and preparation

Orders are accepted on the basis that site conditions are unchanged from the date of the check measure. Please tell us if anything changes. Additional work required because conditions have changed may be chargeable, and we will quote it before we proceed.

You are responsible for ensuring the site has safe, clear and adequate access for delivery and installation; that the area is ready (final finishes complete, windows and surrounds accessible, power available where required); and that fixing surfaces are structurally adequate for the goods.

If we assess a fixing point as inadequate, we will tell you before proceeding. If you ask us to proceed anyway, we will record that in writing, and the workmanship warranty in clause 14 will not cover a failure caused by the inadequate substrate. Your rights under the ACL are unaffected.

If a booked installation cannot proceed because the site is not ready, access is unavailable, or a responsible person aged 18 or over is not present when required, we may charge a reasonable re-attendance fee. We will tell you the amount before we charge it, and we will not charge it where the reason was within our control.

Ancillary work is your responsibility and cost unless expressly included in our quote. This includes electrical work, provision of suitable fixing points or structural backing for awnings, blinds and curtains, cabinetry and painting, scaffold or access equipment hire, and removal and disposal of existing window furnishings.

8. Hidden services and obstructions

You must tell us before installation about any hidden service or obstruction that may be encountered — including electrical cabling, water and gas pipes, data cabling, waterproofing membranes and in-slab heating.

We will take reasonable care during installation. Subject to your rights under the ACL and to clause 17, we are not liable for damage to a hidden service that you did not disclose and that we could not reasonably have detected.

9. Lead times, delivery and installation

Lead times quoted by us or by our suppliers are estimates. They depend on manufacture, componentry and freight.

We will supply and install within the time agreed with you or, if no time is agreed, within a reasonable time. If we become aware of a material delay, we will tell you as soon as practicable and agree a revised date with you. If we are unable to supply within a reasonable time, you may cancel the affected items and we will refund the money you have paid for them.

Subject to clause 13 and to the extent permitted by law, we are not liable for indirect loss arising from a delay caused by an event beyond our reasonable control (see clause 18). We may deliver and install in stages where that is reasonable and we have told you.

10. Product characteristics, colour and tolerances

Fabrics, timbers and finishes are natural or batch-manufactured products. Variation in colour, shade, grain, texture and weave between samples, batches and production runs is normal and is not a defect. Where colour match matters, we recommend ordering all items for a room in a single order.

Window furnishings are manufactured to industry tolerances. Light gaps at the sides, top and bottom of a blind, small variations in level or drop, minor fabric bow, and joins or seams in wide fabrics are inherent characteristics of the product rather than faults.

Initial fold or crease marks in some fabrics, slight curling of blockout fabric edges, and minor movement in timber products are normal and generally settle with use.

Control position, roll direction, fixing type and fabric coverage in relation to the window opening are recorded on your quote. Please confirm them before accepting.

If you ask us to depart from the manufacturer’s recommended specification — for example a width beyond the recommended maximum, or an outside mount where an inside mount is recommended — we will record that in writing, and the manufacturer’s warranty may not cover a resulting performance issue. Your rights under the ACL are unaffected.

11. Child safety — corded internal window coverings

Corded internal window coverings can be a strangulation hazard to young children. We supply and install corded products in accordance with the mandatory safety standard made under the ACL (Consumer Goods (Corded Internal Window Coverings) Safety Standard 2014).

At installation we secure loose cords and chains using a cleat, tensioner or other supplied device so that a loose cord cannot form a loop, and we attach the required warning labels.

You must keep those devices in use at all times, keep cots, beds and furniture away from cords, and contact us if a device is removed, damaged or lost — we can supply a replacement.

If you install goods yourself, or engage someone other than Lusso to install them, you are responsible for complying with the safety standard.

12. Motorisation, automation and electrical work

Any hard-wired power supply must be installed by a licensed electrician at your cost, unless our quote says we are providing it.

Batteries in battery-powered motors are consumable items. Battery life varies with use and is not covered by the warranty in clause 14.

Lusso can provide a consultation service for automation and smart-home integration. This is available by separate agreement and is not included in the price of goods unless stated on your quote.

Where your goods integrate with third-party hubs, apps, networks or home automation systems, we are not responsible for the ongoing performance of those third-party products or for changes their providers make to them.

13. Your rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law:

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.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel the contract and obtain a refund for the unused portion of the contract.

Nothing in these terms excludes, restricts or modifies any guarantee, right, warranty or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. If any part of these terms would do so, that part does not apply to the extent of the inconsistency.

Your rights under the ACL apply in addition to the voluntary warranty in clause 14, and are not limited by it. They are not conditional on payment in full, on registering your purchase, or on any other step.

14. Lusso warranty against defects

The benefits given by this warranty are in addition to — and do not limit — your rights and remedies under the Australian Consumer Law set out in clause 13.

What we warrant. We warrant our installation workmanship for 12 months from the date of installation. Goods we supply are covered by the manufacturer’s warranty for that product, which ranges from 12 months to 7 years depending on the system, componentry and fabric selected. The manufacturer warranty period applying to your product is stated on your quote or is available from us on request.

Warranty period. The manufacturer warranty period runs from the date of your tax invoice. The workmanship warranty runs from the date of installation.

What we will do. If you make a valid claim within the warranty period, we will (at our option, or the manufacturer’s) repair the goods, replace them with the same or equivalent goods, supply replacement parts, or re-perform the affected installation work. Where repair or replacement is not reasonably possible, we may refund the price of the affected item.

What you must do. Contact us at the details below within a reasonable time of noticing the fault. Describe the fault and provide proof of purchase (your tax invoice or receipt) and the date of purchase or installation. We may need to inspect the goods in place, or have the manufacturer assess them.

Expenses. We bear the cost of assessing the claim and, where the claim is valid, of repairing or replacing the goods, including standard travel within our normal service area. You bear any expense of claiming that we have not agreed to bear — for example, providing access equipment where non-standard access is required, or the cost of removing and reinstating third-party fixtures. If a claim is not valid, we may charge a reasonable service call fee, which we will tell you about before we attend.

What this warranty does not cover:

• fair wear and tear;
• fading, deterioration or damage caused by sunlight, weather, storm, salt air, moisture, mould or condensation;
• materials or components supplied by you, or by a third party you engaged;
• damage caused by misuse, abuse, accident, vandalism, pets, or operation contrary to the care and operating instructions;
• failure caused by a lack of proper cleaning and maintenance (see clause 15);
• alterations, repairs or adjustments carried out by anyone other than Lusso or a person we authorise;
• failure caused by an inadequate fixing substrate where clause 7 applies;
• goods not installed by Lusso;
• consumable items, including batteries; and
• events beyond our reasonable control occurring after delivery or installation.

Whether a product has been misused may be assessed by our service technician and/or the manufacturer’s representative.

Transfer. This warranty is given to the original purchaser and is not transferable.

How to claim. Write to or contact the warrantor: The Trustee for HOPKINS FAMILY TRUST ABN 72 388 582 539, trading as Lusso, 3 Crinum Crescent, Southport QLD 4215 · (07) 5528 4006 · info@lusso.com.au

15. Care and maintenance

We provide care and operating instructions with your goods. Following them keeps your window furnishings performing as they should and preserves your cover under clause 14. Replacement copies are available from us on request.

16. Title, risk and security interest

Risk in the goods passes to you on delivery to your site, or on collection. Title in the goods remains with Lusso until we have received payment in full and in cleared funds of all amounts you owe us for those goods and the related services.

Until title passes, these terms create a security interest in the goods and their proceeds under the Personal Property Securities Act 2009 (Cth) (PPSA). You consent to us registering that interest on the Personal Property Securities Register and will do what we reasonably ask to enable registration.

If you are in default and we are entitled to recover the goods, you agree that we and our authorised representatives may enter the premises where the goods are located, at a reasonable time and after giving you reasonable written notice (unless notice is not required by law), to inspect or remove them. We will take reasonable care and will make good any damage we cause, so far as is reasonably practicable.

To the extent permitted by the PPSA, you waive your right to receive a verification statement under section 157 of that Act. This clause does not apply to goods that have become fixtures, and does not limit your rights under the ACL.

17. Liability

This clause is subject to clause 13. Nothing in it limits any right or remedy that cannot lawfully be excluded, restricted or modified.

Where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the ACL, our liability for failure to comply with a consumer guarantee is limited, at our option, to: replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired. In the case of services, it is limited to resupplying the services or paying the cost of having the services supplied again.

Otherwise, and to the extent permitted by law, our total liability arising out of or in connection with your contract is limited to the contract price, and we are not liable for loss of profit, loss of revenue, loss of opportunity, or other indirect or consequential loss. This clause does not apply to liability for death or personal injury caused by our negligence, or to any liability that cannot be limited by law.

Our liability is reduced to the extent that your act or omission, or that of a person you are responsible for, caused or contributed to the loss.

18. Events beyond reasonable control

Neither party is liable for a failure or delay in performing its obligations caused by an event beyond its reasonable control, including natural disaster, severe weather, fire, flood, epidemic or pandemic, industrial action, transport or freight failure, supplier insolvency, or government action. The affected party must notify the other as soon as practicable and use reasonable efforts to minimise the effect. If the event continues for more than 60 days, either party may cancel the affected part of the contract, and we will refund money paid for goods and services not supplied.

19. Privacy

We collect personal information in order to prepare quotes, supply goods and services, arrange installation and service, and manage our relationship with you. We handle personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy. We disclose your information to our suppliers, manufacturers, installers and payment providers only as needed to fulfil your order. To request access to, or correction of, your information, contact info@lusso.com.au.

20. Complaints and disputes

If something is not right, please contact us first at info@lusso.com.au or (07) 5528 4006. We will acknowledge your complaint within 2 business days and aim to resolve it within 20 business days.

If we cannot resolve it together, you may contact the Queensland Office of Fair Trading on 13 74 68, or apply to the Queensland Civil and Administrative Tribunal. Nothing in these terms prevents you from exercising any right under the ACL or from applying to a court or tribunal.

21. General

Notices. Notices must be in writing and may be given by email to the addresses shown on the quote or invoice.

Assignment. You may not assign your contract without our written consent, which we will not unreasonably withhold.

Severability. If any part of these terms is unenforceable, it is severed and the rest continues to apply.

Waiver. A failure or delay by either party in exercising a right is not a waiver of that right.

Entire agreement. Your contract consists of our accepted quote, these terms, and any variation agreed in writing. This clause does not exclude liability for any statement we made to you that you relied on in deciding to enter the contract.

Governing law. Your contract is governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland. If you are a consumer, nothing in this clause prevents you from bringing proceedings in the jurisdiction where you live.

Interpretation. Headings are for convenience only. “Including” and similar words are not words of limitation.

Contact

Lusso · The Trustee for HOPKINS FAMILY TRUST · ABN 72 388 582 539
3 Crinum Crescent, Southport QLD 4215 · (07) 5528 4006 · info@lusso.com.au