TERMS & CONDITIONS OF SALE

General Details

For the purpose of these Terms & Conditions of Sale:

  • “Us”, “Our”, “We”, “SimonSez” refer to SimonSez Australia.

  • “Products”, “Goods”, “Tiny House”, “Expandable House”, Modular House” refers to any SimonSez Australia goods and/or products.

  • “You” and “Your” refers to the client or purchaser of a product offered by SimonSez Australia.

  • We reserve the right to change, modify, add, or remove portions of these Terms of Sale at any time. We will endeavour to notify you of any significant changes, where possible.

Products & Availability

  • We will at all times, do our best to maintain the correct inventory of all goods listed in any communications to you, however at times some items may become out of stock or unavailable.

  • Reproduction of colours is as accurate as possible, but please note colours instore may vary slightly from what is displayed on your monitor.

Pricing

  • All prices are in Australian Dollars and as such will be charged in Australian Dollars.

  • All pricing is quoted for shipping throughout Australia only.

  • All references to $ and dollars on this website are to Australian currency.

  • Prices are subject to change at any given time and without notice.

  • All pricing is inclusive of GST at 10%

Australian Consumer Law

Our Goods come with guarantees that cannot be excluded under the relevant Australian Consumer Law, as amended and in place from time to time.

  • You are entitled to a replacement or refund for a major failure.

  • 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.

  • We will not, under this warranty, be responsible for consequential damages (such as loss of use) inconvenience, loss, or damage to personal property, whether direct, indirect,

    economic or whether arising in contract or tort and you agree to indemnify us against this.

  • Repair or replacement of the Product is your exclusive remedy.

  • We shall not be liable for any special, incidental or consequential damages, including but not limited to loss of revenues and you agree to indemnify us against this.

  • In no event will Our entire liability exceed the purchase price of the Product. 

  • If a fault arises with your Goods, cease using the Goods and contact us in the first instance.

  • If you repair/replace the fault/part prior to notifying us, we reserve the right to refuse reimbursement.

Send an email to info@simonsezaustralia.com with a detailed description of the fault along with any photos.

Warranties against defects

  • We warrant that all parts of the Products are free from defects for a period of 12 months.

  • We have the right to hire a local qualified tradesman or use our own technicians to rectify any faults.

  • We will repair and/or replace the faults, at no expense to you.

  • If the Products have to be returned to us, you are liable to pay all associated costs with returning the Products.

  • We reserve the right to replace parts with similar quality and grade.

  • We reserve the right to inspect the fault.

The warranty period will be void if:

  • The Products have been majorly and/or structurally altered; modified, or repaired by another party.

  • We can’t discover any faults.

  • The fault is within industry standards (Australian Standards Motor Vehicle Act 1989).

  • The fault has arisen due to your, or any third party’s failure or neglect to maintain the Product; or

  • The Product has been subject to abnormal conditions, including, but not limited to, extreme environment conditions, flooding, fire, misuse, accident damage, hail and/or storms.

The warranty does not cover normal wear and tear.

We use components that have a third-party warranty by their supplier.

Not limiting the automatic consumer guarantees, SimonSez Australia’s voluntary 12-month warranty period starts from your delivery date.

Set up of the Product/s

You are responsible for the following and any associated cost/s (if applicable):

  • A licenced electrician must be used to connect the Product to mains power, to install any light fittings, power points or light switches and to complete the final electrical

    certification of the Product. 

  • A licenced plumber must be used to connect the Product to sewer mains (if required).

  • A licenced plumber must be used to connect the Product to water and grey waste. 

  • A licenced gas fitter must be used to install any gas fittings and appliances.

SimonSez Australia take no responsibly or liability for any injury and/or damages from the actions of using third party or tradesmen at any point during the set up or use of the

products provided and you indemnify us in respect of any loss or claims in relation to this. 

It is recommended to check the foundations where the Products sit every six (6) to twelve (12) months for any movement/settlement.

Under relevant State legislation, as in place from time to time you must have working smoke alarms in your Product in accordance with any fire safety laws. We recommend

having one (1) smoke alarm in each bedroom and one (1) in the living area.

 General Terms

  • It is your responsibly to check your local council and State legislation regarding the use and occupancy of Our Product/s on your property, or any other property where you may

    keep the Products from time to time.

  • You have satisfied yourself that Our Product is suitable for your intended purpose and location.

  • SimonSez Australia take no responsibly for any penalties incurred against you from council or any government bodies for the misuse of the Product. 

  • It is your responsibility to know the weights of the Product and the implications of the towing limits and breaking requirements of any vehicle towing the Product.  

  • We offer a Product that is manufactured in our factory in China. We check every Product, for major damage, although due to the price point and nature of our business, our Products may have

    imperfections and there could be damage in spots that cannot be inspected prior to delivery. Minor defects are deemed satisfactory by You and Us.

  • You have been given the opportunity to inspect our display models (and/or other Products) and you have accepted our Product to reassemble in a similar condition to our display Products.

  • We are not legally responsible for any loss or damage you might suffer in relation to purchasing one of our Products, whether from errors or from omissions in our documents or information.

  • You agree to comply with all laws, regulations and rules relating to your interactions with us and placement of any orders with us.

  • Any variations to these Terms of Sale, for Your order, must be agreed to by us in writing.

  • You agree that all specifications for your order of the Products will be included in the quote provided by us and you agree that the information provided in the quote is accurate. 

  • You agree and acknowledge that we will rely on information provided by you in relation to your order for Products and any costs incurred by us in reliance on incorrect or inadequate information

    may result in additional costs charged to you, which you will be liable for. 

  • You must pay us, if demanded by us, in our sole discretion, interest at the rate of 10% per annum on all overdue amounts owed by you to us. Such interest will be calculated daily and

    compounded monthly. 

  • SimonSez Australia may from time to time provide links, advertisements, and information about other business for your convenience. This does not imply any sponsorship, endorsement, approval, or an agreement between SimonSez Australia and those business.

  • SimonSez Australia takes no responsibility for the actions/advice of said businesses.

Deposit and Payment

  • Your required deposit amount will be shown on the bottom of your quote, with the balance due and payable prior to delivery/pick up of your Product/s.

  • Upon acceptance of our Quote, a non-refundable deposit of 30% is due and payable before the commencement of manufacture of your Product/s.

  • For custom designs and any custom Products, a non-refundable deposit of 50% is due and payable before the commencement of manufacture of your Product/s. 

  • For all models and Products, your order must be paid in full before we book in your delivery, or before you collect your order.

  • If you fail to make any required payments, we may withhold consignment of the Products and charge interest as per line 12 in the General Terms Section until all amounts are paid in full.

 

Refunds

Refunds of your Product, after you have taken delivery, will be decided upon a case-by-case assessment by us and in our sole discretion.

If we accept your request for a refund:

  • You are liable for any cost incurred to pack up the Product.

  • All Products you wish to return to us, must be in a good and a resalable condition.

  • You are liable to pay for all costs associated with the return of the Product.

Cancellations and Variations

Once you have paid the required deposit, SimonSez Australia take this as acceptance of our quote and your acceptance of these Terms of Sale.

For our standard range, in the event that you wish to cancel your order, prior to delivery, SimonSez Australia reserve the right to keep a $1,000 administration fee.

Should we provide our written consent to your requested cancellation or variation of an order, you must indemnify us against any losses incurred by us as a result of your cancellation or variation and

cover all our reasonable costs or additional costs associated with your cancellation or variation. 

Delivery

  • You agree for us to sub-contract, assign, novate or transfer all or part of the delivery of your Products at any time and we are not required to give you written notice. Any sub-contractors will have the same rights as us in these Terms of Sale. 

  • You must provide us with complete and uninterrupted access to your nominated property to enable us to deliver your Product/s.

  • Drivers will endeavour to drop off your Product in a location of your choosing on your property. 

  • You warrant to us that the ground surfaces traversed by our drivers to perform the delivery are of suitable construction to prevent damage to said surfaces or our drivers’ trucks. 

  • Our delivery times are estimates only and commence from the date you pay your deposit. 

  • Estimated arrival dates are not guaranteed. Delivery times are to be used as a guide only and are subject to change due to weather, unforeseen circumstance, and circumstances beyond our control, including Force Majeure events, as (truck break downs, traffic, road closures, customs delays, ship delays, Port delays). We will make reasonable effort to fulfil your order with us, in a timely manner. Any delay on delivery dates, for any reason whatsoever does not entitle you to any claim for consequential loss or damage or to cancel your order. 

  • You have the right to organise your own transport for pickup of your Product/s. 

  • If our drivers are unable to unload in the designated area on your nominated property, they have the right to leave your Products on the nearest council owned road, in a reasonable and safe position.

  • You indemnify us from and in respect of all loss, damage, liabilities, or claims caused directly or indirectly from our drivers.

 

Force Majeure

  • Should circumstances beyond our control hinder or prevent our provision of the Products to you, we will be free from any obligation to provide the Products to you whilst such circumstances continue. 

  • For as long as the circumstances beyond our control continue, we may in our sole discretion, terminate your order with us, or keep your order with us on foot until such circumstances have ceased. 

  • Circumstances beyond our control, or Force Majeure events, include but are not limited to:

    • a) Illness or injury to us.

    • b) Unavailability of materials or components.

  • c)       Health pandemic/crisis/virus.

  • d)       Strikes.

  • e)       Lockouts.

  • f)        Riots.

  • g)       Natural Disasters.

  • h)       Fire.

  • i)        War.

  • j)        Acts of God.

  • k)       Government decrees, proclamations, or orders.

  • l)        Transport difficulties; and

  • m)     Failures or malfunctions of computers or other information technology systems. 

Default

1.       You will engage in an event of default in the following circumstances:

a)       You breach these Terms of Sale for any reason, including but not limited to defaulting on any payment.

b)       You, being a natural person commits an act of bankruptcy, or you, being a corporation is wound up, deregistered, or dissolved, a receiver or administrator is appointed, you enter a scheme of arrangement (other than for the purpose of restructuring).

c)       You assign your rights under these Terms of Sale, without our prior written consent.

2.       Should an event of default occur by you, we will provide you with written notice to rectify the default within 7 days.

3.       Where an event of default occurs which is not rectified by you, we may in our sole and absolute discretion:

a)       Refuse to supply the Product/s.

b)       Retain all monies paid by you for Products ordered but not yet supplied.

c)       Refuse to supply you with the Products ordered. 

 

 

 

 

Indemnity

1.       You agree to indemnify and keep indemnified, us, our servants, and agents in respect of any claim or demand made or action commenced by any person (including but not limited to, you):

a)       Against us; or

b)       For which we are liable;
In connection with any loss arising from or incidental to:

c)       The supply of the Products.

d)       The subject matter of these Terms of Sale;
Including but not limited to any legal costs incurred by us in relation to meeting any claim or demand or any party/party legal costs for which we are liable in connection with any such claim or demand. 

2.       You agree and acknowledge that except for the provisions of these Terms of Sale, we do not make any warranty, assurance, promise or representation regarding the quality, fitness for purpose or use, suitability, or merchantability of the Products for any purpose whatsoever, and that in entering into these Terms of Sale, you have relied entirely on your own enquiries, knowledge, skill and judgement. 

 

Intellectual Property

1.       The parties agree and acknowledge that SimonSez Australia are the exclusive owner of any intellectual property. 

2.       For the purpose of this clause, intellectual property includes trademarks, patents, copyrights, designs, layout-designs (topographies) of integrated circuits, processes and confidential information as may be applicable to the Products and to any advertising and promotional material and any technical materials and user manuals associated with the manufacture or supply of the Products, that is capable of legal protection, regardless of whether such legal protection has been formally obtained.

3.       You agree that you will not, as a result of entering into any dealings with us, or purchasing any Products from us, acquire any intellectual rights in the Products and you must not challenge or dispute our ownership of our intellectual property. 

4.       You must not do anything or omit to do anything which could detrimentally affect the ownership of our intellectual property. 

5.       You agree that you will not infringe the intellectual property rights of us and will notify us of any suspected or actual infringement of our intellectual property immediately upon becoming aware of the same.

6.       You must comply with our reasonable instructions and requests in relation to the maintenance of our protection of our intellectual property.

 

Governing Law

This agreement shall be governed by and constructed in accordance with the laws of the state or territory in which the Products have been purchased from. Any court proceedings shall be filed and heard in that state or territory. Any claim brought against us will be dealt with by the company which provided the Products or Goods.

 GST

You and SimonSez Australia agree to comply with their respective obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.

Title

1.       Risk in and title to the products passes to you, upon delivery of the products to your nominated address, or upon you collecting your order.

2.       You will not have title of the products, until you have paid all amounts owing to us. 

Advice and Information

Any advice, recommendations, information, assistance, or service given by us in relation to the products is given in good faith and believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or relatability and we do not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service. 

Severability

Any provision of these Terms of Sale, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms of Sale or affecting the validity or enforceability of such provisions in any other jurisdiction.

 Waiver

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.


By paying your deposit, you will be deemed to have read, understood, and accepted our Terms of Sale.