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, receiving a quote or invoice, or purchasing directly—you agree to these legally binding Terms of Service (“Terms”). These Terms apply to all sales channels, including online, direct, invoiced, and international transactions.

Please read these Terms carefully. Continued use of our services or confirmation of an invoice constitutes acceptance. We may update these Terms at any time. The current version will always be available on our website.

SECTION 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 or misuse of our intellectual property is prohibited.

SECTION 2 – PRODUCT DETAILS AND LIABILITY

• Products are handmade or locally manufactured; slight variations are expected.

• All goods are suitable for residential and commercial settings; if you require certification or weight rating, please contact us prior to purchase.

• Furniture is not formally tested or certified unless requested and paid for separately. Use is at your own discretion.

• Furniture must be used only as intended. We are not liable for damage, breakage, or injury caused by misuse, overloading (including use beyond standard weight limits), improper installation, or unauthorised modifications.

• Use of our furniture is at the customer's own risk. Fomu accepts no liability for injury or damage resulting from improper use, unexpected circumstances, or failure to verify suitability.

SECTION 3 – MATERIAL DISCLOSURE Our products use natural materials like FSC-certified timber and raw aluminium. Variations in tone, grain, and surface texture (including oxidation or patina) are not considered faults. Raw aluminium is untreated and may oxidise over time as part of the natural ageing process.

SECTION 4 – PRODUCT CATEGORIES

Furniture Products

• All furniture is designed by Fomu and manufactured either in-house or through trusted Australian suppliers.

• Furniture orders are subject to standard or custom lead times advised at the time of quoting.

• Certification or commercial use rating (such as AFRDI) is not standard but available on request.

• Clients must ensure that furniture suits the spatial and functional requirements of their project.

• Custom furniture is non-returnable and non-refundable unless a manufacturing fault is identified.

Lighting Products

• All lighting designs are made to order and may involve handmade components. Minor variations in colour, finish, and materials (e.g. aluminium, brass, glass) are inherent and do not constitute faults.

• All lighting must be installed by a licensed electrician. Fomu is not responsible for any damage or malfunction due to incorrect installation.

• Lighting products are covered by a 2-year warranty on workmanship. This excludes globes/bulbs, improper installation, external damage, environmental exposure, and natural patina changes.

• If a lighting product is damaged in transit, clients must notify us within 48 hours with photographic evidence. We will repair or replace the item at our discretion, noting lead times may vary depending on parts availability.

• Custom lighting designs are final and non-refundable unless deemed faulty.

• Clients are responsible for ensuring lighting dimensions and specifications suit the intended space and application.

• Certifications (e.g., SAA, CE) are available upon request at an additional charge and extended lead time.

SECTION 5 – INSTALLATION AND THIRD-PARTY SERVICES Furniture installation can be arranged by professional removalists upon request. This will be quoted separately and conducted by third-party contractors. Fomu is not responsible for any damage caused by third-party handling or installation.

SECTION 6 – PRODUCT CERTIFICATION AND LOAD GUIDANCE Fomu products are designed to high quality and durability standards. While not certified under formal bodies such as AFRDI or BIFMA, certification can be arranged for an additional fee. Most chairs support standard commercial usage, but if you require load or compliance documentation, please request this before ordering.

SECTION 7 – CLIENT-SUPPLIED MATERIALS If you supply materials or specifications to be incorporated into your product, Fomu is not liable for the performance, quality, or compatibility of those materials.

SECTION 8 – STORAGE AND DELAYED DELIVERY If completed goods are not collected or delivery is delayed by the client, Fomu reserves the right to charge reasonable storage or holding fees.

SECTION 9 – INTELLECTUAL PROPERTY All content on our website—including designs, photos, branding, text, and product forms—is the intellectual property of Fomu. You may not use, copy, or replicate any part without written permission.

SECTION 10 – DATA COLLECTION AND PRIVACY We only collect customer data for communication and email marketing when you opt in. Your information is securely stored and never shared with third parties without consent. View our full Privacy Policy at www.fomudesign.com/privacy-policy.

SECTION 11 – FORCE MAJEURE We are not liable for delays due to natural disasters, strikes, pandemic disruption, shipping issues, or any event outside our control.

SECTION 12 – SHIPPING DAMAGE POLICY If your order arrives damaged due to shipping or courier handling, please notify us within 48 hours of receipt. At our discretion, we will either repair or replace the item. Please note that this process may result in extended lead times depending on the nature of the replacement or repair.

SECTION 13 – RETURNS AND WARRANTY

• We do not offer returns for change of mind.

• Faults must be reported within 7 days of delivery.

• Our warranty does not cover misuse, negligence, unauthorised modifications, or natural material changes.

SECTION 14 – PAYMENT, LEAD TIMES, AND OWNERSHIP

• Payment must be made in full before production begins.

• Quotes and invoices are valid for 30 days.

• Lead times commence from the date payment clears.

• Goods remain the property of Fomu until payment is received in full.

SECTION 15 – EXPORT REGULATIONS Customers are responsible for complying with all import laws, duties, and taxes relevant to their jurisdiction.

SECTION 16 – COMMERCIAL USE Our products are designed for both residential and professional use. Commercial clients are responsible for ensuring the suitability of products for their intended application.

SECTION 17 – MAINTENANCE EXPECTATIONS Proper care and maintenance are essential for product longevity. Failure to follow care guidelines may void warranty.

SECTION 18 – PRODUCTION LEAD TIME DISCLAIMER Lead times are estimates only and may vary depending on material availability, supplier capacity, or shipping constraints.

SECTION 19 – LIMITATION OF LIABILITY Our liability is limited to the value of the product supplied. We are not responsible for indirect, incidental, or consequential damages resulting from the use of our products or services. Use of our goods and services is at your own risk. Fomu furniture is not certified for safety or medical compliance unless specified in writing. Clients are responsible for determining whether the products are suitable for their environment and intended use. Furniture must be used only as intended and within reasonable parameters of use.

SECTION 20 – CUSTOM DESIGNS AND CLIENT APPROVALS Custom-designed products are made to client specifications and are final upon confirmation. While Fomu takes every care to ensure custom pieces meet the agreed brief, custom orders cannot be returned or refunded due to subjective dissatisfaction (e.g., aesthetic preferences, variations from digital renderings, or minor material variations). By approving a custom design or proceeding to production, the client accepts the outcome as final. Fomu is not responsible for variations resulting from natural materials, manual processes, or unforeseen technical constraints during manufacture.

SECTION 21 – DISPUTE RESOLUTION In the event of a dispute, both parties agree to attempt resolution via mediation or arbitration before initiating legal proceedings.

SECTION 22 – COSTS OF RECOVERY If payment is overdue, the client will be liable for all costs incurred in recovery, including debt collection, legal fees, process serving, search fees, and court costs. These will be enforceable on an indemnity basis.

SECTION 23 – SEVERABILITY If any part of these Terms is found to be unenforceable or invalid under applicable law, the remainder shall remain in full force and effect.

SECTION 24 – ENTIRE AGREEMENT These Terms constitute the entire agreement between you and Fomu and supersede all prior negotiations or understandings, whether written or oral. No oral explanation or information provided by any party shall alter the interpretation of these Terms.

SECTION 25 – GOVERNING LAW These Terms are governed by and construed in accordance with the laws of the State of Tasmania, Australia.

SECTION 26 – CONTACT For questions or concerns about these Terms, contact us at hello@fomudesign.com.

RELATED POLICIES

• Privacy Policy: www.fomudesign.com/privacy-policy

• Returns & Warranty: www.fomudesign.com/warranty-and-returns

These Terms apply to all customers globally. Fomu is committed to upholding fair, transparent practices in all of our commercial relationships.