Terms & Conditions of Sale

The Parties

The seller is Flatpacks Australia Pty Ltd ATF JENS Flatpacks Trust T/A Cairns Flat Packs or ‘Cairns Flat Packs’, ‘CAIRNS FLAT PACKS’, ‘us’ or ‘we’. The Website is www.cairnsflatpacks.com.au. ‘The Buyer’, ‘the Customer’ or ‘you’ is the party, or their nominated agent, that is entered in the transaction as the purchaser on the website, instore, by phone or by e-mail.

1. Contract of Sale

Any contract for purchases made through the website or via special order will be with ‘Cairns Flat Packs’ whose registered office is situated at 7/15-17 Pease St, MANUNDA, QLD, 4870. Our ABN is 93 674 620 850. All orders for goods by the Buyer shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions. When the Buyer pays, the Seller must be in receipt of payment of the whole of the price or deposit, for the goods that the Buyer orders before the order can be accepted, and the contract formed. Payment is taken at the point of order. Once payment has been received the Seller will confirm that the Buyer’s order has been received and deemed a legitimate order. By sending an email to the Buyer at the email address the Buyer provides. The order confirmation email will include the Buyer’s name, the order number and the total price. No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller that the goods are available in stock, are from the selected colour ranges and able to be manufactured. The Seller’s acceptance of the Buyer’s order brings into existence a legally binding contract between the parties on these terms. Any term sought to be imposed by the Buyer in the order will not form part of the contract. The Seller is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on the website or any other digital or printed medium including brochures, banner advertisements and other promotional materials. If an error or inaccuracy is discovered with regards to the advertised price of the goods that the Buyer has ordered ‘Cairns Flat Packs’ will contact the Buyer as soon as possible by email to the provided address. This will be to inform the Buyer of the correct price of the goods, and to ask the Buyer if the Buyer wishes to continue with the order at the amended price, or to cancel the order altogether. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2. Price

The price shall be the Seller’s quoted price which includes GST If by mistake we have underpriced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before your job is ready for pick up or delivery. In these circumstances, we will notify you of the correct price so you can decide whether or not you wish to proceed with the your order.

3. Availability

Lead times are estimates, not guarantees. These dates are subject to change. Actual pick up or delivery timeframes depend on several factors which are beyond the control of the Seller. Delays in production and shipping may occur. Occasionally an item may arrive damaged or a shipment may arrive short. If this occurs the Buyer will be allocated the next available item, however this could mean an extended delay. The Seller will notify the Buyer of the revised expected shipping dates for their item/s. If the Buyer cannot wait, they then may cancel their order as per our cancellation policy. The Seller will not be obliged to offer any additional compensation for disappointment suffered or consequential damages.

4. Pick up & Delivery

Where the Buyer is picking up their flat pack, it is their responsibility to ensure their order is inspected, damage free and correct at the time of collection. Pick up will be 99 Buchan St, PORTSMITH, QLD, 4870. Collection of goods is at your own risk. Where the Buyer arranges collection or delivery of their flat pack by a 3rd party or agent, it will be the Buyer’s responsibility to ensure their order is inspected, damage free and correct at the time of collection. It is the responsibility of the Buyer to ensure they have sufficient help to carry and on-load from our factory onto their vehicle. The Seller does not provide rope, blankets or any other material required to protect and secure your goods for transit. All these materials must be brought by the Buyer in preparation for Pick up. Our staff are not able to assist in securing items using ropes, ties or any other mechanism. The Buyer agrees to free the Seller from any liability that results from the provision of such assistance by agents of the Seller. CAIRNS FLAT PACKS can pallatise flat packs and fork these onto flat bed trailers and trucks. This service is free of charge, however notice is required and a specific collection date and time arranged. NB: Our pallets are 1200mm x 2400mm – unless otherwise arranged Where CAIRNS FLAT PACKS have agreed to deliver a flat pack, it will be the Buyer’s responsibility to ensure their order is inspected, damage free and correct at the time of delivery. The onus is on the customer to provide correct and clear delivery location instructions. At the time of delivery by CAIRNS FLAT PACKS, it is the Buyer’s responsibility to ensure that there is sufficient manpower to unload the flat pack. Additional time spent by CAIRNS FLAT PACKS effecting the delivery due to the Buyers incorrect location details or insufficient arrangements for offloading will incur a fee commiserate with the additional time spent. This fee will be due prior to offloading. This fee is solely at the discretion of CAIRNS FLAT PACKS. NB: Insurance, including Transit insurance, is not available through CAIRNS FLAT PACKS. All liability will be held by the Buyer to include but not limited to; during delivery, offloading and transferring.

5. Returns, Refunds & Cancellations:

Please choose carefully as Cairns Flat Packs will generally not provide you with a refund, exchange or agree to a cancellation, simply because you changed your mind, or the product was not what you expected. Our products are customised to your space – so they cannot be resold. If we agree that the item was not advertised correctly or within the law, or there was a mistake with the description we will replace the item or refund your money at our discretion. In order to obtain a refund, exchange or the repair of a product that you purchased from Cairns Flat Packs, you must have clear proof of purchase – typically a receipt or paid invoice from Cairns Flat Packs. Refunds, exchange or repairs will only a) take place at 99 Buchan St, PORTSMITH, QLD, 4870 b) when goods are returned to 99 Buchan St, PORTSMITH, QLD, 4870. Should you object to any of these terms and conditions (including subsequent amendments) you must not place an order.

6. Guarantees

Your rights under the Australian Consumer law:
  • Our products are accompanied by guarantees that cannot be waived under the Australian Consumer Law
  • In case of a major fault, you have the right to receive a replacement or refund, as well as compensation for any foreseeable loss or damage to your purchased items
  • If the goods do not meet acceptable quality standards and the issue is not considered a major fault, you have the right to request repairs or replacements
  • Cairns Flat Packs commits to repairing or replacing any product affected by our manufacturing throughout the duration of the guarantee period and in line with our Suppliers warranties.
  • The guarantee is not transferrable and is applicable solely to the original purchaser
Warranties do not apply to:
  • Damage caused by incorrect assembly, installation, storage, transportation, product use or cleaning of the product
  • Normal wear and tear or damage, including stains, damage caused by impacts and accidents
  • Consequential loss or damage
  • Fading or discolouration caused by excessive exposure to sunlight
  • Where the product has sustained damage due to inappropriate use
  • Transportation costs. Where items may fall under this Returns & Guarantee Policy, items must be received at and picked up from our factory, 99 Buchan St, PORTSMITH, QLD 4870, at the customers expense.
  • Instances where incorrect information such as, but not limited to; sizes, colour, style etc… is supplied to Cairns Flat Packs. The onus is on the customer, or their agent, to ensure all sizes, colour, style etc…are correct at the time of order and before payments are made.
  • We reserve the right to substitute, without notice to or consultation with you, any product or material that does not affect the material usage of the product. Where a substitute has occurred there is no basis for refund or return.

7. Deposits

An Order will not be deemed accepted by the Seller until a non-refundable minimum deposit of 50% is received.

In the event of late payment of a complete deposit, product lead times will be calculated from the payment date, not the order date.

Online orders must be paid in full at the time of purchase.

8. Cancellations

Given the customized nature of flat packs, cancellations will be at the sole discretion of CAIRNS FLAT PACKS. Where possible CAIRNS FLAT PACKS will attempt to assist the Buyer to achieve a mutually satisfying conclusion, however we will not be liable for orders placed and or received by on behalf of the Buyer.

9. Warranty

We offered all warranties provided under 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 the described quality and the failure does not amount to a major failure. This warranty is subject to the Product being used and cared for in accordance with the relevant care and maintenance instructions. This warranty is not transferable. It is limited to the original purchaser specified in the original sales order at the original address provided by the Buyer. Where warranties are held by a 3rd party or supplier e.g. BLUM, Wilson & Bradly, Laminex etc…CAIRNS FLAT PACKS will assist the customer wherever possible to ensure smooth claim and satisfactory outcome. To the maximum extent permitted by law, The Seller is not liable in respect of:
  • normal wear and tear
  • the natural characteristics of the products and materials
  • damage caused by spills such as acid, solvents, dyes or other corrosive materials
  • damage caused by improper cleaning, negligence, treatment with improper chemicals, exposure to extreme temperatures, or otherwise caused by your acts and/or omissions
CAIRNS FLAT PACKS expressly rejects any liability for products and materials that are damaged by accident, altered, installed or used in breach of our conditions of use or technical specifications as published by our suppliers from time to time.

10. Limitation of Liability

Our liability for a breach of condition or warranty that cannot be excluded, is limited at the Seller’s option to:

  • the replacement or repair of the materials / hardware; or
  • the supply of equivalent materials / hardware; or
  • the cost of replacing or repairing the goods or of acquiring equivalent materials / hardware; and to the maximum extent permitted by law.

The Seller is not liable for:

  • any loss or damage to the goods resulting from any act or omission on the part of the Buyer, contractors or agents of the Buyer; or
  • any special, consequential, direct or indirect loss or damage incurred by the Buyer in connection with the supply of goods under a Contract of Sale or any act or omission (including negligence) on the Seller’s part in relation to the obligations under a Contract of Sale, however caused.

The Seller expressly does not accept liability for any goods that are:

  • Damaged by accident;
  • Altered, reprocessed or corrected in any way other than by or through the Seller, and
  • Fitted or used in breach of the Seller’s conditions or use or technical specifications as published from time to time.

11. Your Responsibility and liability

  • Where CAIRNS FLAT PACKS has not visited the site and conducted our own check measure, the plans and sizes provided by you will be the finished product size. It is not the responsibility of CAIRNS FLAT PACKS to ensure accuracy in this instance.
  • You assume all liability for any and all, inaccuracies in this instance
  • You will provide CAIRNS FLAT PACKS with all relevant information regarding appliances, such as but not limited to your sink, tap, fridge etc…
  • All measurements provided by you will be final.
  • Where the measurements you provide are not correct, you will take sole liability

12. Colours

Reproduction of colours is as accurate as possible, actual colours may vary slightly from what is displayed on your monitor or in any printed material.

13. No Waiver

No failure to exercise and no delay in exercising any right, power or remedy under these Conditions will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

14. Applicable Law

The laws of Queensland govern these Conditions. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Queensland.
  • If a provision of these Conditions or a right or remedy of a party under these Conditions is invalid or unenforceable in a particular jurisdiction:
  • It is read down or severed in that Jurisdiction only to the extent of the invalidity or unenforceability, and
  • It does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.
This clause is not limited by any other provision of these Conditions in relation to severability, invalidity or enforceability.

15. Hyperlinks

The CAIRNS FLAT PACKS website may contain hyperlinks. These hyperlinks connect the Buyer to sites of other organisations which are not the responsibility of the Seller. The Seller has used reasonable endeavours in preparing its own website and the information included in it is done so in good faith. However, the Seller has no control over any of the information the Buyer can access via other websites. Therefore, no mention of any organisation, company or individual to which this website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of the Seller.

16. Care Instructions

It is important that you provide the care & maintenance to your materials and hardware. If you do not receive this guide with your invoice, must contact us to provide a copy to you or you can download this from our website – www.cairnsflatpacks.com.au

This Care & Maintenance guide is generic in nature, however it contains links to our suppliers website where specific guidelines and their warranty details can be found.

17. Title

The title to the goods and ownership shall remain with Cairns Flat Packs until such time as the purchaser has payment in full.

Cairns Flat Packs shall be at liberty to enter premises in which the goods are located and shall not be liable for any damage whatever incurred during repossession. If the purchaser sells the goods prior to payment of all sums owing, the purchaser shall hold the proceeds of such sale as trustee for Cairns Flat Packs. Cairns Flat Packs shall be entitled to all such proceeds.