Terms of service.
OVERVIEW
Welcome to Fomu’s platform. "Fomu", "we", "us", or "our" refers to Fomu, Fomu Design, or Fomu Studio.
By engaging with us, including visiting our website, requesting a quote, receiving an invoice, or purchasing a product, you agree to these Terms of Service.
These Terms apply to all sales channels, including online, direct, invoiced, and international transactions.
Payment of any invoice constitutes acceptance of these Terms.
Order confirmations and invoices issued by Fomu supersede all prior discussions, representations, or correspondence.
We reserve the right to update these Terms at any time. The current version will always be available on our website.
Nothing in these Terms excludes your rights under Australian Consumer Law.
1. GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time.
You must not use our products or services for any unlawful purpose.
Reproduction, copying, or misuse of our intellectual property is strictly prohibited.
Fomu is a small, design-led studio. Response times may vary due to production schedules, project load, public holidays, or studio closures. Lack of immediate response does not constitute a breach of agreement.
2. PRODUCT DETAILS AND LIABILITY
All products are handmade or locally manufactured. Variations in form, finish, tone, and material are inherent and not considered faults.
Furniture and lighting are used at the client’s own risk.
Fomu is not liable for injury, loss, or damage arising from misuse, overloading, improper installation, unauthorised modification, or use outside intended purpose.
Products are not formally tested or certified unless requested and paid for separately.
Clients are responsible for determining suitability for their intended use.
Fomu reserves the right to make minor modifications to design, materials, or construction where required.
3. MATERIAL DISCLOSURE
We use natural and raw materials including stainless steel and aluminium.
Variations in grain, tone, oxidation, patina, and surface texture are natural characteristics and not defects.
4. PRODUCT CATEGORIES
Furniture
All furniture is designed by Fomu and produced in-house or with Australian manufacturers.
Lead times are provided at time of quoting.
Certification is not included unless requested.
Clients must ensure suitability for their space and intended use.
Custom furniture is non-returnable and non-refundable unless faulty.
Lighting
All lighting is made to order and may include handmade components.
All lighting must be installed by a licensed electrician.
Fomu is not responsible for damage, faults, or safety issues arising from incorrect installation.
Electrical compatibility and compliance requirements vary by country. Clients must confirm suitability unless certification is requested and supplied.
Lighting includes a 2-year workmanship warranty excluding globes, misuse, installation issues, and environmental exposure.
5. INSTALLATION AND THIRD PARTIES
Any installation or delivery services arranged are conducted by third parties.
Fomu is not responsible for damage, delay, or issues caused by third-party contractors.
Fomu is not responsible for site conditions, structural adequacy, or coordination with builders, electricians, or other trades.
6. DELIVERY, FREIGHT AND RISK
Delivery is ground floor only unless agreed otherwise in writing.
Clients are responsible for ensuring safe and suitable access.
If delivery cannot be completed due to site access limitations, additional delivery, storage, and redelivery fees will apply.
Additional costs due to access restrictions, stairs, or site conditions will be charged separately.
Risk transfers to the client upon delivery, collection, or when goods are left at the nominated delivery location.
Fomu is not liable for loss, theft, or damage after this point.
Packaging methods may vary depending on delivery type and do not constitute fault.
7. SHIPPING AND TRANSIT DAMAGE
Clients must inspect goods upon delivery and before installation.
Installation or use of the product constitutes acceptance that the item is free from visible defects.
Where applicable, goods must be signed for on delivery and any visible damage must be noted at that time.
Damage must be reported within 48 hours with photographic evidence.
Failure to report within this timeframe voids any claim.
Fomu will repair or replace at its discretion.
Fomu is not responsible for delays or damage caused by freight providers.
7A. FAULT AND MISSING ITEM CLAIM PROCESS
All claims relating to faults, damage, or missing components must be submitted in writing via email.
The subject line must clearly reference the invoice or order number and include one of the following:
Faulty Item
Damaged Item
Missing Component
The email must include:
The invoice or order number
A clear description of the issue
Identification of the affected product or component
Photographic evidence supporting the claim
Claims that are unclear, incomplete, or submitted as general feedback or informal communication will not be considered a valid claim.
Fomu is not responsible for delays in resolution where the required information has not been provided.
8. INTERNATIONAL ORDERS
Clients are responsible for all import laws, duties, taxes, and compliance requirements.
Fomu is not responsible for delays, damages, or costs arising from international shipping, customs clearance, or port handling.
9. CLIENT RESPONSIBILITIES
Clients must ensure all specifications, dimensions, finishes, and selections are correct prior to production.
Where a finish, colour, or specification is not confirmed in writing, Fomu may proceed with its standard specification.
Clients are responsible for ensuring products fit within access points and spaces.
10. ORDER CONFIRMATION, CHANGES AND CANCELLATION
Order confirmations and invoices issued by Fomu supersede all prior discussions.
Any requested changes must be submitted in writing within 24 hours of order confirmation.
Changes requested after this time may not be possible and may incur additional costs and revised lead times.
Cancellation of orders may incur costs depending on the stage of production, including materials and labour already committed.
11. CUSTOM WORK AND VARIATIONS
Custom and made-to-order items are final and non-refundable unless faulty.
All variations must be approved in writing.
By approving custom work, the client accepts the final outcome, including variations from renders, samples, or expectations.
12. STORAGE AND DELAYS
If goods are not collected or delivery is delayed by the client, storage fees may apply.
Fomu is not responsible for delays caused by clients, trades, contractors, freight providers, or project scheduling outside of our control.
13. PAYMENT, LEAD TIMES AND OWNERSHIP
Full payment is required before production begins unless otherwise agreed.
Quotes are valid for 30 days and pricing may change after this period.
Lead times commence once payment has cleared.
Lead times are estimates only and may vary.
Lead times exclude weekends, public holidays, and industry shutdown periods including Christmas and Easter.
Goods remain the property of Fomu until paid in full.
14. RETURNS AND WARRANTY
No returns for change of mind.
Faults must be reported within 7 days of delivery.
Warranty excludes finishes, wear and tear, misuse, environmental exposure, and natural material changes.
Failure to follow care and maintenance guidelines may void warranty.
15. FORCE MAJEURE
Fomu is not liable for delays or failure due to events outside its control.
16. LIMITATION OF LIABILITY
Liability is limited to the value of the product supplied.
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 resolution through mediation before legal proceedings.
19. COSTS OF RECOVERY
Clients are responsible for all recovery and legal costs relating to unpaid amounts.
20. SEVERABILITY
If any part is invalid, the remainder remains 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.
23. CONTACT