Terms of Service
These Terms of Service apply whenever you visit Fomu’s website, request a quote, receive an invoice or purchase a product through any Fomu sales channel.
Overview
“Fomu”, “we”, “us” and “our” refer to Fomu, Fomu Design and Fomu Studio. By engaging with us you accept these Terms. Payment of an invoice constitutes acceptance. Order confirmations and invoices issued by Fomu supersede prior discussions, representations and correspondence. We may update these Terms at any time. Nothing in them excludes rights under Australian Consumer Law.
1. General conditions
We may refuse service at any time. Products and services must not be used unlawfully. Reproduction, copying or misuse of Fomu intellectual property is prohibited. Fomu is a small, design-led studio; response times may vary with production, project load, public holidays and studio closures. A delayed response is not a breach.
2. Product details and liability
Products are handmade or locally manufactured. Variations in form, finish, tone and material are inherent and are not faults. Furniture and lighting are used at the client’s risk. Fomu is not liable for injury, loss or damage from misuse, overloading, incorrect installation, unauthorised modification or use outside the intended purpose. Products are not tested or certified unless separately requested and paid for. Clients must determine suitability. Minor design, material or construction changes may be made where required.
3. Material disclosure
Natural and raw materials include stainless steel and aluminium. Grain, tone, oxidation, patina and surface texture variations are natural characteristics, not defects.
4. Product categories
Furniture
Furniture is designed by Fomu and produced in-house or with Australian manufacturers. Lead times are provided when quoting. Certification is not included unless requested. Clients must confirm suitability. Custom furniture is non-returnable and non-refundable unless faulty.
Lighting
Lighting is made to order and may contain handmade components. Installation must be by a licensed electrician. Fomu is not responsible for incorrect installation. International clients must confirm electrical compatibility and compliance unless certification is requested and supplied. Lighting includes a two-year workmanship warranty excluding globes, misuse, installation issues and environmental exposure.
5. Installation and third parties
Installation and delivery services are performed by third parties. Fomu is not responsible for third-party damage, delay or issues, or for site conditions, structural adequacy or coordination with builders, electricians and other trades.
6. Delivery, freight and risk
Delivery is ground floor only unless agreed in writing. Clients must ensure safe access. Failed delivery, access restrictions, stairs, storage and redelivery may incur extra fees. Risk passes to the client on delivery, collection or when goods are left at the nominated location. Packaging methods vary and do not constitute a fault.
7. Shipping and transit damage
Inspect goods on delivery and before installation. Installation or use accepts the item as free from visible defects. Note visible damage when signing and report it within 48 hours with photographs or the claim may be void. Fomu may repair or replace at its discretion and is not responsible for freight-provider delays or damage.
7A. Fault and missing-item claims
Email all claims in writing. The subject must include the invoice or order number and “Faulty Item”, “Damaged Item” or “Missing Component”. Include the order number, a clear description, the affected product or component and photographic evidence. Incomplete or informal messages are not valid claims, and missing information may delay resolution.
8. International orders
Clients are responsible for import laws, duties, taxes and compliance. Fomu is not responsible for international shipping, customs or port delays, damage or costs.
9. Client responsibilities
Confirm all specifications, dimensions, finishes and selections before production. If a selection is not confirmed in writing, Fomu may proceed with its standard specification. Clients must ensure products fit through access points and within the intended space.
10. Order confirmation, changes and cancellation
Order confirmations and invoices supersede previous discussions. Request changes in writing within 24 hours of confirmation. Later changes may be impossible or incur extra costs and lead time. Cancellation costs depend on committed materials, labour and the stage of production.
11. Custom work and variations
Custom and made-to-order products are final and non-refundable unless faulty. Variations must be approved in writing. Approval accepts the final result, including natural or production variations from renders, samples and expectations.
12. Storage and delays
Storage fees may apply where collection or delivery is delayed by the client. Fomu is not responsible for delays caused by clients, trades, contractors, freight providers or project schedules outside our control.
13. Payment, lead times and ownership
Full payment is required before production unless agreed otherwise. Quotes are valid for 30 days. Lead time begins after cleared payment and is an estimate only. Weekends, public holidays and industry shutdowns, including Christmas and Easter, are excluded. Goods remain Fomu’s property until paid in full.
14. Returns and warranty
There are no change-of-mind returns. Report faults within seven days of delivery. Warranty excludes finishes, wear and tear, misuse, environmental exposure and natural material change. Failure to follow care instructions may void warranty.
15. Force majeure
Fomu is not liable for delay or failure caused by events outside its control.
16. Limitation of liability
Liability is limited to the value of the supplied product. Fomu is not liable for indirect or consequential loss.
17. Intellectual property
All designs, products and content remain the property of Fomu.
18. Dispute resolution
Both parties agree to attempt mediation before legal proceedings.
19. Costs of recovery
Clients are responsible for recovery and legal costs relating to unpaid amounts.
20. Severability
If one provision is invalid, the remainder continues to be enforceable.
21. Entire agreement
These Terms constitute the entire agreement between Fomu and the client.
22. Governing law
These Terms are governed by the laws of Tasmania, Australia.