Returns and Cancellation Policy

FOUND SPACE TRADING PTY LIMITED
Returns and Cancellation Policy

Found Space Trading Pty Ltd (ACN 658 080 427) trading as Found—Space (“we”, “us”, “our”, or “Found—Space”) prides itself on providing products of the highest quality and is committed to customer satisfaction.

This Returns and Cancellation Policy (“Returns Policy”) describes generally how we manage Product returns and Service cancellations. All returns and cancellations remain subject to our Website Terms and Conditions (https://foundspace.com.au/general-terms/). If you would like more information in this respect, please do not hesitate to contact us.

The rights described in this Returns Policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations and the New Zealand consumer law counterpart.

Please note there may be limitations on your right to return and obtain a refund for Products, however these limits will always be subject to your statutory rights.

1. Definitions and Interpretation

Definitions

1.1 Where a capitalised word is not defined in this Returns Policy but is defined in the Website Terms and Conditions, it has the same meaning set out in the Website Terms and Conditions. The following definitions apply in this Returns Policy unless the context requires otherwise:

Accessories means the back rests, foot stools and any other Sauna and Cold Plunge accessories available for purchase from the Site; and “Accessory“ shall have the same meaning.

Appointment means the date and time that the Customer has booked for the Found—Space Personnel to attend the Premises to install the Products, as agreed between Found—Space and the Customer in writing.

Business Days means any day other than a Saturday, Sunday or public holiday in the country in which an Order is being delivered.

Cancellation or Returns Form means the form to be completed by any Customer who wishes to lodge a cancellation or returns request for the Products, located on the Site.

Company means Found—Space Trading Pty Ltd (ACN 658 080 427) trading as Found—Space.

Deposit means forty percent (40%) of the Purchase Price of a Product, payable by the Customer upon placing their Order.

Disassembly Costs means the standard additional cost of eight-hundred dollars ($800) to be deducted from a Customer’s refund pursuant to clause 3 of this Returns Policy, which shall cover the dis-assembly of any Product by Found—Space or its Personnel after Installation has occurred.

Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation:

(a) acts of God, flood, storm, drought, earthquake or other natural disaster;
(b) epidemic or pandemic, including any industrial action or circumstances where there is Government enforced prohibition due to COVID-19 or any other pandemic or epidemic restricts Found—Space or the Customer from fulfilling their obligations;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; and
(f) collapse of buildings, breakdown of plant or machinery, fire, explosion or accident.

Installation means the installation of the Sauna or Cold Plunge Products by Found—Space or its Personnel; and “Installed“ shall have the same meaning.

Order means any purchase made by a customer from Found—Space whether by verbal or written request, in-store at a Found—Space Boutique or online via the Site.

Major Failure means a where a Product:

(a) has a problem that would have stopped someone from buying it if they had known about it;
(b) is significantly different from the sample or description;
(c) is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
(d) does not do what you asked for and can’t easily be fixed within a reasonable time; or
(e) is unsafe.

Product means any of the goods available for sale as listed on the Found—Space Site, in a catalogue, or as depicted in a Found—Space Boutique from time to time, including but not limited to the Saunas, Cold Plunges, and any Accessories in that regard; and “Products“ shall have the same meaning.

Purchase Price means the amount payable by the Customer for the Products or Services rendered by Found—Space, as quoted to the Customer in writing or verbally.

Re-stocking Fee means the additional cost, equivalent to ten percent (10%) of the RRP of a Product, to be deducted from a Customer’s refund pursuant to clause 3 of this Returns Policy, which shall cover the dis-assembly of any Product by Found—Space or its Personnel after Installation has occurred.

RRP means the Recommended Retail Price of any Product.

Warranties means the warranties offered by Found—Space in respect to the Saunas and Cold Plunges, as set out in clause 7 herein and available on the Site; and “Warranty“ shall have the same meaning.

2. Refunds

2.1 Refunds will only be made to the extent required by Australian Consumer Law and the New Zealand consumer law counterpart. If you are otherwise not satisfied with any Product that you receive from us, you may be entitled to return that Product to us in accordance with the below.
2.2 Any visible external damage caused to the Products in transit to the Customer’s Premises as noticed by the Customer must be brought to the attention of Found—Space or its Personnel on the date of the Appointment. In the event that the Products were damaged in transit, please contact our customer service team by email or telephone to assess your concern:

Australia
Email: hello@foundspace.com.au
Phone: 1800 945 239

New Zealand
Email: hello@foundspace.co.nz
Phone: 0800 005 677

2.3 Subject to the applicable warranty terms as set out in clause 8 herein, the Found—Space shall not be liable for Loss or damage, fault, failure or malfunction due to any:

(a) Accident, abuse, misuse, problems with electrical power, or any other external factor;
(b) Servicing and/or repairs and/or alternations undertaken or provided by a third party;
(c) Usage, storage and/or Installation by anyone other than Found—Space in that is not accordance with the instructions provided;
(d) Failure to perform required preventive maintenance or normal wear and tear;
(e) A Force Majeure Event.

3. Returns

3.1 If you are not satisfied with any Product that you receive from us, please let us know as soon as possible by completing a Cancellation or Returns Form on the Site.

Sauna and Cold Plunge returns

 

3.2 Subject to clause 4 below and without limiting our obligations under the Australian Consumer Law and the New Zealand consumer law counterpart, Found—Space will not facilitate returns if you have a change of mind after your Sauna or Cold Plunge has been Installed.

3.3 Subject to clause 4 of this Returns Policy, for any Saunas or Cold Plunges that are incorrectly supplied or defective, the Customer may assert their right to reject such Products upon delivery on the Appointment date or upon Installation of the Products. However, once the Customer has signed and returned to Found—Space a Product Handover Acceptance Form (per clause 6 herein), the Customer waives their right to any remedy beyond their entitlements under the Australian Consumer Law and the New Zealand consumer law counterpart.

3.4 If you believe that Found—Space is responsible for your Sauna or Cold Plunge being damaged or defective, please let us know as soon as possible by completing a Cancellation or Returns Form on the Site. Thereafter, Found—Space shall assess your request and may facilitate an appropriate remedy in accordance with clause 4 below.

3.5 By submitting a Cancellation or Returns Form, Customers warrant and represent that, to the best of their knowledge, that all the information they have provided in such document is accurate.

3.6 Customers must not return any Products or any parts of the Products to Found—Space unless it has complied with clauses 3.4 and 3.5 above and has done all things necessary to permit Found—Space to examine the Products. Such inspection is to be carried out within a reasonable time after notification, as agreed between Found—Space and the Customer in writing.

Accessory returns

 

3.7 Customers shall be liable for any and all costs associated with returning Accessories to Found—Space due to change of mind (including but not limited to shipping costs, which may vary depending on the location of your Premises).

3.8 To be eligible to receive a refund for an Order for Accessories, all Products that are returned to Found—Space must be returned in the condition in which they were delivered, with all packaging material, brochures and instructions (where applicable).

3.9 For any Accessories that are incorrectly supplied or defective, the Customer may assert their right to reject such Products upon delivery, or by notifying Found—Space in writing by submitting a Cancellation and Returns Form within three (3) days of the date of delivery.

4. Damaged or defective Product Returns

Returning damaged Saunas or Cold Plunges

4.1 If Found—Space receives from you a completed Cancellation and Returns Form, indicating that you have requested a refund or replacement of a Sauna or Cold Plunge purchase within the first thirty (30) days after the date of Installation at your Premises, we will assess the circumstances (including analysing the Sauna or Cold Plunge at the Premises, if considered appropriate by us) to ascertain whether or not Found—Space is at fault and:

(a) (Company at fault) if we consider that Found—Space is at fault, we will provide a replacement of the damaged or defective Sauna or Cold Plunge, or otherwise, a replacement of the damaged or defective part of the Sauna/Cold Plunge; or

(b) (Company not at fault) if we consider that Found—Space is not at fault, Found—Space may still agree to provide a replacement of the damaged or defective Sauna or Cold Plunge, or otherwise, a replacement of the damaged or defective part of the Sauna/Cold Plunge, provided that the Customer agrees to cover all costs associated with providing such replacement (including delivery costs, Disassembly Costs, and the Restocking Fee).

4.2 Without limiting our obligations under the Australian Consumer Law and the New Zealand consumer law counterpart, if Found—Space does not receive a completed Cancellation and Returns Form from you requesting a refund or replacement of your Sauna or Cold Plunge (or otherwise, a part of your Sauna or Cold Plunge) within the first thirty (30) days after the date of Installation at your Premises, Found—Space has the right to refuse to facilitate a refund or replacement. However, Found—Space may, elect to provide a replacement of the Sauna or Cold Plunge (or part of the Sauna or Cold Plunge) in its absolute discretion, at the Customer’s sole expense.

Returning damaged Accessories

 

4.3 If Found—Space receives from you a completed Cancellation and Returns Form, indicating that you will have requested a refund or replacement of an Accessory within the first thirty (30) days after the date of delivery to your Premises, we will assess the circumstances (including analysing the Accessory or images of the Accessory, if considered appropriate by us) to ascertain whether or not Found—Space is at fault and:

(a) (Company at fault) if we consider that Found—Space is at fault, we will provide a replacement of the damaged or defective Accessory, at Found—Space’s expense; or

(b) (Company not at fault) if we consider that Found—Space is not at fault and the Accessory has been returned broken, damaged, tarnished (or appears broken, damaged or tarnished in any image provided to Found—Space to the Customer) we will not provide any replacement, unless the Customer agrees that they will bear all costs associated in this regard (including the cost of the new Accessory, and delivery costs).

Major Failures or defective Products

 

4.4 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law and the New Zealand consumer law counterpart. 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 Products fail to be of acceptable quality and the failure does not amount to a major failure. In the event that you believe that your Products have a Major Failure or are defective, please complete a Cancellation and Returns Form, and contact our customer service team by email or telephone to assess your concern:

Australia
Email: hello@foundspace.com.au
Phone: 1800 945 239

New Zealand
Email: hello@foundspace.co.nz
Phone: 0800 005 677

5. Cancellation and deferral

Cancellation by the Customer

5.1 Without affecting Found—Space’s rights to seek other remedies and without limiting the Customer’s obligations arising from Found—Space’s acceptance of an Order for a Sauna or Cold Plunge, Found—Space may at its discretion accept (in writing) a Customer’s request to cancel such Order, provided that the Customer requests cancellation of an Order for a Sauna or Cold Plunge.

5.2 Subject to clause 5.1, where a Customer requests cancellation of an Order for a Sauna or Cold Plunge within three (3) days of placing the Order, Found—Space will not charge the Customer any cancellation fee.

5.3 Subject to clause 5.1, where Found—Space is notified of a Customer’s intention to cancel their Order more than three (3) days after an Order for a Sauna or Cold Plunge has been placed, and such Products have not yet been delivered to or installed at the Customer’s Premises, Found—Space will (at its discretion) facilitate a refund of monies paid to date in respect to such Order, less a cancellation fee of AUD $250.00.

5.4 Where the Customer has failed to pay the entirety of the Purchase Price by the earlier of Estimated Delivery Date or the date of Appointment, Found—Space may, at their absolute discretion, deem the Customer to have cancelled the Order by conduct, unless the Customer has requested a deferral of the Appointment in accordance with clause 9.9 of the Website Terms and Conditions.
Cancellation by Found—Space

5.5 Found—Space may cancel any Order, or otherwise suspend or delay delivery of the Products or provision of Services at any time before the Products are delivered or Services performed by giving written or verbal notice to the Customer. Upon giving notice of cancellation the Order, Found—Space shall repay to the Customer any sums paid thus far in respect of the Purchase Price.

6. Product Handover Acceptance Form

6.1 The Customer agrees and understands that by signing the Product Handover Acceptance Form, the Customer:

(a) warrants that they have thoroughly inspected and tested the Product upon completion of the Installation Services;

(b) are entirely satisfied with the Installation Services provided by Found—Space or its Personnel; and

(c) are entirely satisfied with the operation of the Product or Products;

6.2 After executing a Product Handover Acceptance Form, the Customer is deemed to have accepted the Product as installed on the Premises on the date of the Appointment as being of merchantable quality, suitable, and fit for purpose. Thereafter, the Customer understands that the remedies available to the Customer for any damaged Products are limited to the maximum extent permitted by law, unless the Products are deemed faulty or defective in accordance with the Australian Consumer Law (or for New Zealand Customers, the Consumer Guarantees Act 1993 (’Consumer Guarantees Act’)).

7. Warranty

7.1 To the extent permitted by law, damages for breaches of warranties implied by law are limited to repair or replacement of the Products or the resupply of the services, at the discretion and election of the Found—Space.

7.2 The Warranty for Products supplied by Found—Space shall apply for all Saunas and Cold Plunges purchased from Found—Space, and such Warranties can be found on the Site for each, Saunas and Cold Plunges, respectively.

7.3 Found—Space shall not be bound by any other warranty, representation, term or condition other than those set out in clause 7.2 above, subject to its obligations under the Australian Consumer Law and the New Zealand consumer law counterpart, as the case may be.

7.4 If the Customer is in default of any payment to Found—Space after a request in writing has been made, all Warranties shall cease and Found—Space shall thereafter, in no circumstances, be liable under the terms of any Warranty.

7.5 Any attempt by any person other than a representative of Found—Space to adjust, repair or otherwise alter the Products or Services will render any Warranty void.

8. General

Retention of Title

8.1 While risk in the Products shall pass on with completed delivery & installation, legal and equitable title in the Products shall remain with Found—Space until full payment of the Purchase Price for all Products supplied by Found—Space to the Customer is made. Pending such payment, if the Products have been delivered to the Customer, the Customer shall hold the Products as bailee for the Found—Space and shall return the Products to the Found—Space if so requested.

Insurance

8.2 The Customer agrees that they are solely responsible for obtaining any insurance cover they may require, at their own expense.
Cumulative rights

8.3 The rights and obligations of the parties subject to this Returns Policy are in addition to and do not exclude or limit any other rights or remedies provided by law.

Costs

8.4 Except as specifically provided in this Returns Policy, each party must bear its own legal, accounting and other costs associated with this Returns Policy.
Assignment

8.5 You may not assign, transfer or sub-contract any of your rights or obligations under this Returns Policy without Found—Space’s prior written consent.

8.6 Found—Space may assign, transfer or sub-contract any of our rights or obligations under this Returns Policy or any other policy on our Site at any time without your consent and without notice to you.
Set-off

8.7 The Customer shall not have the right to set-off any amounts owing for a default in payment in any claim, suit or proceeding brought by Found—Space against the Customer. Found—Space reserves the right to rely on this clause 18.9 in bar of any proceeding for set-off.

No waiver

8.8 Waiver of any power or right under this Returns Policy must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Found—Space to act with respect to a breach by you or others does not waive Found—Space’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

8.9 The provisions of this Returns Policy are severable and, if any provision of this Returns Policy is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation

8.10 Found—Space reserves the right to amend this Returns Policy and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this Site.

Dispute Resolution

8.11 The parties agree:

(a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of this Returns Policy;

(b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;

(a) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and

(b) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
8.12 The Parties otherwise agree to submit to the jurisdiction of the Courts of Victoria and, if applicable, the Commonwealth of Australia, in the event a dispute arising from this Returns Policy cannot be resolved.

Governing law and jurisdiction

8.13 This Returns Policy will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and the courts of appeal from them.

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