Terms and Conditions
General
(1) JS Design is owned and operated by Benn Joshua Stevens ABN 44 686 953 080 a Sole Trader incorporated in Australia (“JS Design”, “Benn Joshua Stevens”, “Josh Stevens”, “us”, “our”, “we”).
(2) JS Design is a designer and maker of hand made products.
(3) These Terms and Conditions apply to the products sold by JS Design either through the website jsdesign.online (“the Site”) or by direct contact with us. Use of the words “you”, “your” and “customer” is a reference to our customers and visitors to the Site.
(4) We may make changes to the site, these Terms and Conditions, and the products we offer at any time without prior notice. JS Design encourages you to contact us if you have any queries about these terms or our products.
(5) Our products are not available for re-sale unless subject to an agreement with us.
Agreement
(1) These are the terms upon which JS Design makes and sells products to customers. These terms and conditions will form the agreement between JS Design and the Customer (“the Agreement”).
(2) By placing an order for JS Design products you acknowledge that you have read, understood, and agree to be bound by this Agreement.
(3) These terms and conditions can only be varied in writing by agreement between JS Design and the Customer.
On-line Purchases
(1) Full payment is required for on-line purchases.
(2) By placing an order on-line you agree to purchase the product based on the design and specifications as described on the Site. You should ensure you read the product specification prior to ordering your product as we do not provide refunds for a change of mind.
(2) All photographs of products are provided as a guide only. The colour of products may appear differently to the actual colour, due to the resolution of individual monitors, computers, devices, or lighting variations.
(3) Products are made as close as possible to the product specifications, but all products are hand-made so slight variations can occur. This is what makes each JS Design product unique. Working with different types of timber means that there will also be variation in timber colour and grain between products (see Timber Disclaimer below for more information).
(5) Our cancellation and returns policy will apply from the time you submit your order.
Custom Designed Purchases
(1) JS Design provide a free consultation where we discuss your requirements, and design and style specifics. Our quote will be based on this consultation so you should give us as much information as possible so that we can create a product to satisfy your needs.
(2) After our consultation JS Design will provide you with a quote for the cost of making your product, including delivery charges. Our quotes are open for 30 days, after which time prices may vary.
(2) Commissioned and custom designed purchases are made to order so you should allow a 4 to 6 week period for your piece to be created.
Payment for Custom Designs
(1) We require a 50% deposit prior to commencing work on custom designed products with the remaining 50% payable upon completion, prior to delivery.
(2) To the extent permissible by law, deposits paid on custom designed products are non-refundable.
(3) Delivery costs vary depending upon the size and weight of the product. We will provide you with an estimate which will be confirmed once the product has been made. You agree to pay the cost of delivery on these terms.
(4) Once you provide your deposit for your custom designed product, you authorise us to commence creating your product for you, on the conditions contained within this agreement.
(7) By paying your deposit for a custom-designed piece, you are agreeing to pay the remaining 50% payable to JS Design prior to delivery.
(8) Our cancellation and changes policy will apply from the date that your deposit is received.
Changing or Cancelling Custom Designs
(1) Orders can be changed prior to the commencement of work. Once work has commenced, any changes may incur additional costs due to disassembly, additional materials, labour and parts and reassembly.
(2) Orders can be cancelled prior to the commencement of work. In circumstances where JS Design has purchased the materials for your product, the 50% deposit will not be refunded.
(3) The nature of custom-made pieces means that each piece is created to suit your particular requirements. When you place an order for custom-made product, JS Design acts upon your order and commences purchasing the materials required to produce your piece. When you place an order with JS Design you are committing to purchase the product ordered.
Returns Policy
(1) JS Design complies with the Australian Consumer Law with respect to the provision of refunds or replacement items. Customers are entitled to a refund if there is a major failure with the products, or to have the goods repaired or replaced if there is a minor failure.
(2) We don’t provide refunds for your change of mind or an incorrect colour selection.
(3) We will also not provide refunds where the product is in accordance with the specifications as displayed on our website.
(4) If we do agree to provide a refund and return of your order, you agree to arrange return of the product, at your cost and risk, to our nominated returns depot, and you agree to return the product in its original condition, in its original unopened and sealed packaging, accompanied by the original order receipt or another form of proof of purchase.
(5) You also agree that we are entitled to deduct from any refund of the payment made by you, the cost of the original delivery and an amount that we reasonable believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the product.
(4) Given that some of our products are commissioned and custom-made, they cannot necessarily be re-sold. There is always some level of risk when purchasing handmade custom-made product where there is no product that can be compared with as a ‘display piece’. Customers accept these risks when purchasing commissioned and custom-made JS Design products.
Shipping and Delivery
(1) JS Design uses third party freight providers to deliver products and JS Design’s delivery terms are subject to the terms of the third party providers.
(2) JS Design does not take responsibility for lost or incorrect deliveries, unless we are at fault. While we will make all best efforts to ensure your products arrive within a reasonable time, we are not liable for delays outside our control for example, delays due to weather, holiday/seasonal delays, industrial action, etc.
Intellectual Property Rights
(1) Any articles, information or content published on this website must be read subject to these Terms and Conditions:
(a) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by JS Design.
(b) The intellectual property rights including moral rights in respect to all products displayed and available for sale on this website as at September 2019 are owned by JS Design.
(c) You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior written consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.
(2) JS Design retains all ownership rights of designs and sketches including those prepared for custom-made products. Designs and sketches are provided to customers for the sole purpose of reviewing and approving the design of the product. This clause continues to apply after the product has been delivered and payment has been received in full.
Timber Disclaimer
(1) No one piece of timber is alike and customers should expect a variance in tone, grain pattern, and knots. We cannot guarantee how the timber will look on a product, nor can we provide an exact match to a product displayed on our website.
(2) JS Design undertakes to provide a product that is as close as possible to the preferences that our customers describe.
(3) The colour of timber can also vary over time, pale timbers will always eventually darken.
(4) JS Design does not use machine based manufacturing to cut and shape our products. All of our products are made by hand. This means that each piece is unique and at times products may contain traces of our workmanship.
(5) We will not offer any refunds, replacements or exchanges arising from the look of the timber as described in this disclaimer. There are particular unique aspects that a customer accepts when purchasing handmade custom product.