SØKTAS DESIGN

Standard Terms and Conditions of Sale

These Standard Terms and Conditions apply to products purchased directly from SØKTAS, through the SØKTAS website or under a SØKTAS quotation or invoice.

By approving a quotation, paying a deposit, placing an order or purchasing a product, you agree to be bound by these terms. Together with the applicable quotation, invoice, product specifications and any written variations accepted by SØKTAS, these terms form the agreement between the customer and SØKTAS.

Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

1. Quotations and orders

1.1 Unless otherwise stated, quotations are valid for 30 days from the date of issue.

1.2 Prices, finishes, quantities, specifications, delivery charges and applicable taxes will be shown on the quotation or invoice.

1.3 An order is confirmed once:

• the customer has approved the quotation or invoice;
• SØKTAS has received the required deposit in cleared funds; and
• all information required to begin production has been supplied.

1.4 SØKTAS products are generally made to order. Production will not commence until the deposit and all required specifications, finishes, dimensions and other information have been received.

1.5 The customer is responsible for checking all information contained in the quotation, invoice and product specifications before confirming the order.

2. Payment

2.1 A deposit equal to 50% of the total order value is required to confirm an order unless otherwise stated in writing.

2.2 Once production has commenced or SØKTAS has ordered or allocated materials for the order, the deposit is non-refundable for a change of mind or customer-requested cancellation, except where otherwise required by law.

2.3 If a customer requests cancellation before production or material procurement has commenced, SØKTAS may accept the cancellation and refund the deposit less any reasonable design, administration, procurement or other costs already incurred.

2.4 The remaining balance is due within seven days after SØKTAS provides written notice that the order is complete.

2.5 Products will not be dispatched or made available for collection until the total amount due has been received in cleared funds.

2.6 Payment may be made using the payment methods shown on the quotation or invoice. Any payment surcharge will only be applied where permitted by law and applicable payment-network rules.

2.7 SØKTAS may suspend production, delivery or collection while any amount relating to the order remains overdue.

3. Production and lead times

3.1 Any production or delivery timeframe provided by SØKTAS is an estimate unless SØKTAS expressly confirms a guaranteed date in writing.

3.2 Estimated lead times begin once SØKTAS has received:

• the required deposit;
• final approval of the order;
• confirmed product specifications;
• all required custom measurements; and
• any other information reasonably required to begin production.

3.3 Customer delays in providing approvals, measurements, finishes or other required information may extend the production and delivery timeframe.

3.4 SØKTAS will notify the customer of any material delay and provide an updated estimated completion or delivery date.

4. Changes and cancellations

4.1 Any requested alteration to a confirmed order must be submitted to SØKTAS in writing.

4.2 SØKTAS may accept or decline a requested change depending on the stage of production, material availability and technical feasibility.

4.3 Accepted changes may result in additional costs and extended production times. SØKTAS will advise the customer of these consequences before proceeding with the change.

4.4 A change will only take effect once it has been accepted by SØKTAS in writing and any additional payment requested by SØKTAS has been received.

4.5 Once production has commenced, an order cannot be cancelled for change of mind without SØKTAS’s written agreement.

4.6 This section does not restrict any cancellation or refund right available under applicable law.

5. Completed orders and storage

5.1 The customer must pay the outstanding balance and accept delivery or collect the order within 14 calendar days after SØKTAS provides written notice that the order is complete.

5.2 SØKTAS has limited storage capacity. If an order remains at the SØKTAS studio for more than 14 calendar days after completion, SØKTAS may:

• agree in writing to continue storing the order;
• charge a reasonable storage fee after providing advance written notice of the applicable fee; or
• arrange delivery to the confirmed delivery address at the customer’s reasonable cost, provided the order has been paid in full.

5.3 SØKTAS is not required to release or dispatch any product until all outstanding amounts, including any agreed storage or delivery costs, have been paid.

5.4 SØKTAS will not dispose of uncollected products except in accordance with applicable law.

6. Title, delivery and risk

6.1 Legal title to the products remains with SØKTAS until SØKTAS has received full payment in cleared funds.

6.2 Risk in the products transfers to the customer when:

• the products are delivered to the delivery address nominated by the customer;
• the customer or its representative collects the products from SØKTAS; or
• the products are collected by a carrier independently arranged or nominated by the customer.

6.3 Where SØKTAS arranges delivery, risk does not transfer merely because the products have been collected from the SØKTAS studio by the delivery provider.

6.4 The customer must provide accurate delivery details, appropriate site access and a person authorised to receive the products.

6.5 Additional charges arising from an incorrect address, restricted access, unsuccessful delivery attempt or requested redelivery may be charged to the customer where those circumstances were caused by the customer.

6.6 SØKTAS is not responsible for damage occurring after risk has transferred where that damage is caused by the customer, an installer, another trade, a third party or improper storage or handling.

7. Installation and site requirements

7.1 All permanent lighting fixtures must be installed by an appropriately licensed or qualified electrician.

7.2 Installation must comply with:

• the supplied installation instructions;
• the product specifications;
• the maximum wattage stated on the product;
• applicable electrical laws, regulations and standards; and
• the SØKTAS Care and Maintenance Guide.

7.3 The customer and installer are responsible for confirming that the installation location, structure, fixing method, wiring, voltage, dimmer, driver and control system are appropriate for the selected product.

7.4 The customer must ensure that ceilings, walls and other mounting surfaces have adequate structural support and blocking for the product’s weight and installation requirements.

7.5 To the extent permitted by law, SØKTAS is not responsible for damage or failure caused by:

• incorrect installation;
• inadequate structural support;
• incorrect voltage, wattage, driver or dimming equipment;
• unauthorised modification or repair;
• unsuitable cleaning products or methods;
• use in an environment for which the product is not designed or rated;
• impact, misuse or negligence; or
• builders, electricians, painters, cleaners or other third parties.

7.6 Unless agreed otherwise in writing or required by law, installation, removal, reinstallation, access equipment, scaffolding, painting and other trade costs are not included in the product price or voluntary manufacturer’s warranty.

8. Product appearance and handcrafted variation

8.1 SØKTAS makes reasonable efforts to display product colours, finishes and materials accurately. However, screens, printed materials, photography and lighting conditions may affect how a product appears.

8.2 SØKTAS products incorporate individually made and hand-finished components. Natural variations may occur between products, including variations in:

• colour and colour intensity;
• dimensions and shape;
• surface texture;
• bubbles, seeds and marks within studio-blown glass;
• stone colour, texture and veining; and
• the appearance and ageing of natural or living metal finishes.

8.3 These variations are characteristics of handmade and natural materials and are not ordinarily considered defects.

8.4 Product dimensions, drawings, samples, renders and specifications are provided as a guide and may be subject to reasonable manufacturing tolerances.

9. Inspection and transit damage

9.1 The customer should inspect the products as soon as reasonably possible after delivery.

9.2 Visible transit damage should preferably be reported in writing to info@soktas.co within five business days after delivery so that SØKTAS can promptly investigate the matter with the delivery provider.

9.3 A transit damage notification should include:

• the order or invoice number;
• a written description of the damage;
• photographs of the product;
• photographs of the external and internal packaging; and
• any relevant delivery information.

9.4 The customer should retain the packaging while a transit damage claim is being assessed. Disposing of the packaging may make it more difficult to verify the cause of the damage or pursue a claim against the delivery provider.

9.5 The five-business-day notification request does not exclude or limit any rights relating to faulty or damaged goods under applicable law.

10. Change-of-mind returns

10.1 Because SØKTAS products are generally made to order, SØKTAS does not accept returns, refunds or exchanges where the customer:

• changes their mind;
• makes an incorrect selection;
• orders an incorrect size, quantity, finish or specification;
• no longer requires the product; or
• discovers that the product cannot be installed due to site conditions that were not caused by SØKTAS.

10.2 Customised and bespoke products cannot be returned or exchanged for change of mind.

10.3 This change-of-mind policy does not apply where a product is faulty, damaged, incorrectly supplied or otherwise fails to comply with a right or guarantee that cannot lawfully be excluded.

11. Warranty and faulty products

11.1 SØKTAS provides a two-year structural manufacturer’s warranty from the date the product is delivered.

11.2 The separate SØKTAS Two-Year Manufacturer’s Warranty and SØKTAS Care and Maintenance Guide form part of these terms.

11.3 A warranty claim must be submitted in writing to info@soktas.co and include proof of purchase, a description of the issue and clear supporting photographs or video.

11.4 SØKTAS may inspect or test the product before determining whether a warranty claim is covered.

11.5 Products must not be returned without prior written authorisation from SØKTAS. Any authorised return must be disconnected by a licensed electrician where required and packaged securely.

11.6 If SØKTAS confirms that a product has a problem covered by the warranty or applicable consumer law, SØKTAS will reimburse reasonable return expenses where required by law. Customers should retain receipts for postage and transport costs.

11.7 A product does not need to be in its original packaging for a customer to exercise rights relating to a faulty product. However, the customer must take reasonable care when packaging and returning the product to prevent further damage.

Australian Consumer Guarantee Notice

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.

The benefits provided under the SØKTAS warranty are in addition to all other rights and remedies available under applicable law.

12. Liability

12.1 Nothing in these terms excludes, restricts or modifies:

• any right or remedy under the Australian Consumer Law;
• liability for personal injury caused by negligence;
• liability for fraud or wilful misconduct; or
• any other liability that cannot lawfully be excluded or limited.

12.2 To the extent permitted by law, SØKTAS is not liable for loss or damage to the extent it was caused or contributed to by:

• the customer’s negligence, misuse or failure to follow instructions;
• incorrect information, dimensions or specifications supplied by the customer;
• installation or work performed by an electrician, builder or other third party;
• unauthorised alterations or repairs; or
• use of the product outside its intended application or environmental rating.

12.3 To the extent permitted by law, SØKTAS is not liable for indirect or consequential loss that was not reasonably foreseeable at the time the order was confirmed.

13. Events outside reasonable control

13.1 SØKTAS is not responsible for delay or failure to perform an obligation to the extent caused by an event outside its reasonable control, including:

• fire, flood, severe weather or natural disaster;
• war, civil disturbance or government action;
• industrial action;
• utility, transport or communications interruption;
• material, component or labour shortages; or
• delays caused by suppliers or delivery providers that SØKTAS could not reasonably prevent.

13.2 SØKTAS will notify the customer of any material delay and use reasonable efforts to minimise its effect.

13.3 The parties will work reasonably and in good faith to agree on a revised completion or delivery date.

13.4 Nothing in this section limits any right or remedy that cannot lawfully be excluded.

14. Overseas orders, duties and taxes

14.1 Unless expressly stated otherwise in the quotation, overseas prices and delivery charges do not include import duties, customs charges, local sales taxes, clearance fees or other government charges imposed by the destination country.

14.2 The recipient is responsible for complying with the destination country’s import requirements and paying applicable duties, taxes and clearance charges.

14.3 SØKTAS is not responsible for customs delays or charges imposed by a foreign government or authority.

15. Intellectual property

15.1 All intellectual property owned by SØKTAS remains the property of SØKTAS, including its:

• product designs;
• drawings and specifications;
• manufacturing techniques and methods;
• photographs, renders and written content;
• trade marks, logos and branding; and
• registered and unregistered design rights.

15.2 The customer may use product drawings, specifications and files supplied by SØKTAS solely for specifying, coordinating, installing and maintaining genuine SØKTAS products for the relevant project.

15.3 The customer must not, without prior written permission from SØKTAS:

• reproduce or manufacture a SØKTAS product or imitation;
• provide SØKTAS drawings or manufacturing information to another manufacturer;
• modify or commercially distribute SØKTAS content; or
• use SØKTAS intellectual property in a misleading or unauthorised manner.

16. Governing law

16.1 These terms are governed by the laws of Queensland, Australia.

16.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

16.3 This section does not prevent a customer from exercising a right available under any mandatory law that applies to them.

17. General provisions

17.1 If any provision of these terms is found to be invalid or unenforceable, that provision will be read down or removed to the minimum extent necessary. The remaining provisions will continue to apply.

17.2 A failure or delay by either party to exercise a right does not constitute a waiver of that right.

17.3 Any variation to these terms for a particular order must be agreed in writing by both the customer and SØKTAS.

18. Contact

Questions concerning an order, warranty claim or these terms may be sent to:

SØKTAS DESIGN

ABN: 51 612 304
9/16 Hawker Street
Currumbin QLD 4223
Australia

Email: info@soktas.co
Telephone: +61 423 909 055
Website: www.soktas.co