Terms & Conditions of Sale

These Terms & Conditions apply to all sales made through kovedesigns.com.au by Kove Designs Australia Pty Ltd (ABN 73 697 862 187, ACN 697 862 187), trading as KOVE Designs Australia, of 42 Frankston Gardens Drive, Carrum Downs VIC 3201. In these Terms, “KOVE Designs Australia”, “we” and “us” refer to Kove Designs Australia Pty Ltd.

Plain-English Summary

This summary highlights important points but does not replace the complete Terms & Conditions below.

• Who these Terms cover: We sell to individuals and businesses. Australian Consumer Law may apply to either, depending on the transaction.
• Orders: Placing an order is an offer to purchase. We accept the order when we confirm acceptance or dispatch the products.
• Prices: Consumer prices include GST unless clearly stated otherwise. If an obvious pricing error occurs, we will contact you and offer a correction or refund.
• Delivery: Delivery estimates are not guaranteed. Large products are generally delivered kerbside.
• Returns: We do not offer change-of-mind returns. Faulty, damaged and incorrect products are handled under our Returns, Refunds & Warranty Policy and the Australian Consumer Law.
• Installation: Products must be assembled and installed correctly. Electrical installation work must be completed by an appropriately licensed electrician.
• Warranty: All KOVE saunas have 2-year mechanical and electrical cover and 3-year cover for exterior timber manufacturing defects. Ice bath chillers have a 2-year warranty. These warranties are additional to Australian Consumer Law rights.
• Business purchases: Additional commercial limitations may apply where the purchaser is not acquiring the products as a consumer under the Australian Consumer Law.
• Your legal rights: Nothing in these Terms excludes rights that cannot legally be excluded.

By placing an order with KOVE Designs Australia, you agree to these Terms & Conditions.

1. Definitions

In these Terms:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Customer means a customer purchasing products for business or commercial purposes who is not acquiring those products as a consumer under the Australian Consumer Law.

Business Day means a day other than a Saturday, Sunday or public holiday in Victoria.

Consumer means a person or business acquiring goods or services as a consumer within the meaning of the Australian Consumer Law.

Contract means the agreement between KOVE Designs Australia and the customer for the supply of products.

Customer, you and your mean the person or entity placing the order.

KOVE, we, us and our mean KOVE Designs Australia.

Order means an order submitted through our website or accepted by us in writing.

Product means any product or related item supplied by KOVE Designs Australia.

Product Specifications means the product description, dimensions, requirements and other specifications published on our website or agreed in writing.

2. Application of These Terms

2.1 These Terms apply to orders placed through our website and orders otherwise accepted by KOVE Designs Australia.

2.2 Additional written terms may apply to commercial quotations, custom orders, installation arrangements, promotions or specific products.

2.3 If agreed written terms conflict with these general Terms, the specifically agreed terms apply to the extent of the inconsistency.

2.4 Nothing in these Terms excludes, restricts or modifies a right, guarantee or remedy that cannot legally be excluded, restricted or modified.

3. Orders and Contract Formation

3.1 An order submitted by you is an offer to purchase the products shown in the order.

3.2 An automatically generated acknowledgement does not necessarily mean that we have accepted the order.

3.3 We may accept an order by:

• Sending written confirmation that the order has been accepted
• Confirming that the product is ready for collection
• Dispatching the product

3.4 We may decline or cancel an order before acceptance where:

• The product is unavailable
• We cannot deliver to the nominated address
• Payment has not been authorised
• We reasonably suspect fraud or unauthorised activity
• The order contains an obvious pricing or product-information error
• The order breaches an applicable law or these Terms

3.5 If we decline or cancel an order after receiving payment, we will refund the affected amount.

4. Product Information

4.1 We take reasonable care to ensure product descriptions, photographs, specifications and prices are accurate.

4.2 Screen settings, lighting and photography may affect how colours and finishes appear.

4.3 Natural materials such as timber may vary in grain, tone, knots, texture and appearance. Reasonable natural variation is not necessarily a defect.

4.4 Dimensions, weights and capacities may be subject to reasonable manufacturing tolerances unless expressly guaranteed.

4.5 We may make minor product changes resulting from product improvement, component availability or legal compliance, provided the changes do not materially reduce the product’s intended performance or functionality.

4.6 If a proposed substitution or change is material, we will obtain your agreement before supplying it.

4.7 Product descriptions and representations may give rise to rights under the Australian Consumer Law. Nothing in this clause excludes those rights.

5. Product Suitability

5.1 You are responsible for reviewing the Product Specifications before ordering.

5.2 Before purchase, you should ensure that:

• The product is suitable for its intended location and use
• There is sufficient access for delivery and installation
• The proposed foundation, floor or supporting surface is suitable
• Required ventilation, drainage and weather protection are available
• The electrical supply and connection method are appropriate
• Required building, owners corporation, landlord or council approvals have been obtained

5.3 Contact us before ordering if you require clarification about product suitability.

5.4 Advice provided by KOVE is based on the information you give us. We are not responsible for an unsuitable recommendation caused by incomplete or incorrect information supplied by you.

5.5 This clause does not limit any guarantee that a product will be fit for a purpose that you made known to us and reasonably relied upon us to assess.

6. Prices and GST

6.1 Prices displayed to consumers include GST unless clearly stated otherwise.

6.2 Written business quotations may display GST separately, provided the total amount is clearly identified.

6.3 Delivery, installation, optional accessories and other additional services are not included unless stated in the order or quotation.

6.4 Where a delivery charge cannot be calculated automatically, we may provide a separate freight quotation before accepting the order.

6.5 We may change prices before accepting an order.

6.6 Once an order has been accepted, its price will not change unless:

• You request a change
• We both agree to a variation
• The order contains an obvious pricing error

7. Pricing Errors

7.1 If we identify an obvious pricing error before accepting an order, we may:

• Offer to proceed at the correct price, or
• Cancel the affected order and issue a refund

7.2 If an error is obvious and could reasonably have been recognised as a mistake, we may contact you to correct or cancel the order.

7.3 Nothing in this clause allows KOVE to engage in misleading pricing or disregard applicable price-display requirements.

8. Payment

8.1 Payment must be made using an accepted payment method.

8.2 Unless otherwise agreed in writing, payment is required in full before dispatch or collection.

8.3 You authorise us and our payment providers to process the payment information submitted with the order.

8.4 Ownership of a product does not pass to you until we receive cleared payment in full.

9. Delivery

9.1 Delivery is governed by our Shipping & Delivery Policy, which forms part of these Terms.

9.2 Delivery will be made to the address stated in the accepted order.

9.3 Large products are generally delivered kerbside unless another service has been expressly agreed in writing.

9.4 Delivery dates and timeframes are estimates unless we expressly guarantee a date in writing.

9.5 You must provide accurate delivery and access information.

9.6 Additional storage, redelivery, waiting-time or return-freight charges may apply if delivery cannot be completed because:

• No authorised person is available
• Access is unsafe or unsuitable
• The supplied address is incorrect
• Relevant access restrictions were not disclosed

9.7 Risk in the product passes when it is delivered in accordance with the agreed delivery instructions.

9.8 You should inspect the product as soon as reasonably possible and report visible transit damage promptly. A delay in reporting does not automatically remove any rights under the Australian Consumer Law.

10. Collection

10.1 If collection is offered, we will notify you when the order is ready.

10.2 You must bring suitable identification and a vehicle capable of transporting the product safely.

10.3 Risk passes when the product is collected by you or your authorised carrier.

11. Customer Cancellations

11.1 Contact us promptly if you wish to cancel an order before dispatch.

11.2 We may agree to cancel a standard-stock order that has not entered dispatch processing.

11.3 Cancellation may not be available for:

• Custom-made or modified products
• Special-order products
• Products already dispatched
• Products for which production or procurement has commenced

11.4 Where we agree to a cancellation and have incurred reasonable, unrecoverable costs specifically attributable to the order, we may deduct those costs from the refund after explaining them to you.

11.5 We do not accept returns solely because a customer changes their mind after delivery.

11.6 Nothing in this section limits cancellation rights or remedies that apply under the Australian Consumer Law.

12. Returns, Faulty Products and Refunds

12.1 Our Returns, Refunds & Warranty Policy forms part of these Terms.

12.2 Contact KOVE before returning a product.

12.3 A product does not need to be in its original packaging where it is being returned because of a fault covered by the Australian Consumer Law.

12.4 KOVE may assess or inspect a product before confirming the appropriate remedy.

12.5 For large, heavy or installed faulty products, KOVE will arrange collection or cover reasonable return costs where required by the Australian Consumer Law.

12.6 If a product is found not to have a fault, we may charge reasonable collection or inspection costs provided we gave you an estimate before collection.

12.7 Refunds will be issued using the original payment method unless we agree otherwise.

13. Installation and Assembly

13.1 Installation and assembly are not included unless expressly stated in the accepted order.

13.2 Products must be assembled and installed according to:

• The supplied instructions
• Applicable laws and standards
• Product-specific site requirements
• Instructions provided by qualified tradespeople

13.3 Fixed electrical installation work must be completed by an appropriately licensed electrician in the state or territory where the product is installed.

13.4 You are responsible for ensuring the installation site has suitable:

• Access
• Structural support or foundations
• Clearances
• Ventilation
• Drainage
• Electrical supply
• Water supply and water quality, where applicable
• Protection from weather and environmental conditions

13.5 Incorrect installation, unsuitable site conditions or unauthorised modification may affect warranty coverage only where they cause or contribute to the fault or damage.

13.6 Nothing in this section excludes rights under the Australian Consumer Law.

Sauna Bases, Site Preparation and Ground Movement

The customer is responsible for arranging and maintaining a solid, level, stable and adequately drained base that supports the sauna at every support point specified in the installation manual. The base and any supporting floor or deck must safely carry the combined weight of the sauna, heater, occupants and accessories without settlement, movement or excessive deflection. Obtain advice from an appropriately qualified builder, engineer or other tradesperson if the suitability or load capacity is uncertain.

Do not install a sauna on bare soil, grass, loose or uncompacted fill, an uneven surface or an inadequately supported deck. Any slab, paving or deck must be properly designed, prepared and supported for the product and site conditions. Follow the product-specific manual for support positions, clearances, drainage, anchoring and ventilation; these requirements vary by model.

Check that the base remains level and stable throughout use. Soil movement, erosion, subsidence, settlement, heave, tree roots, inadequate drainage and movement or failure of a slab, paving, deck or other supporting structure can distort the sauna, affect how it sits, prevent doors from closing, strain joints and damage timber, glass or equipment. Stop using the sauna if its support becomes unsafe and arrange appropriate rectification before further use.

To the extent permitted by law, KOVE is not responsible for faults, breakage, misalignment, instability or other loss or damage caused by an unsuitable base, insufficient support, ground movement or failure to prepare or maintain the site correctly. The voluntary KOVE warranty does not cover the resulting damage or the cost of correcting those site conditions. This exclusion does not apply to the extent that a defect in the supplied product, incorrect instructions or work for which KOVE is legally responsible caused or contributed to the problem.

Weather, Use and Maintenance Exclusions

Install, operate, protect, clean, service and store the sauna or chiller in accordance with its supplied user manual and product specifications. Indoor products must remain indoors. Outdoor products must have the drainage, ventilation, weather protection, timber treatment and other care required by their manual; an outdoor rating does not make a product floodproof or suitable for every exposure.

The voluntary KOVE warranty excludes faults and damage to the extent caused by:

• Incorrect assembly, installation, electrical connection, relocation or use outside the product specifications;
• Misuse, abuse, neglect, accidental impact, overloading, unauthorised modification or repair, or unsuitable accessories or chemicals;
• Storms, hail, flooding, lightning, fire, freezing, excessive heat, water ingress or other weather or environmental exposure beyond the product’s specified operating and installation conditions;
• Failure to provide the weather protection, drainage, ventilation, timber treatment, cleaning, inspection, filter changes, water treatment, frost protection or other maintenance required by the user manual;
• Continued operation after a fault, unsafe support, leak or other problem becomes apparent, where this causes further damage.

An exclusion must be connected to the fault or damage being claimed. A missed maintenance step or an unrelated modification does not automatically void the entire warranty. Ordinary permitted use and normal weather exposure within an outdoor product’s stated specifications do not, by themselves, remove cover for a manufacturing defect. Nothing in these exclusions limits rights or remedies that cannot be excluded under the Australian Consumer Law.

14. Domestic and Commercial Use

14.1 Products identified as domestic products are intended for ordinary residential use.

14.2 A domestic product should not be used in a commercial, rental, hospitality, gym, clinic, spa or high-frequency shared environment unless we approve that use in writing.

14.3 Commercial use may require a commercial-grade product, different maintenance intervals or separate warranty terms.

14.4 Commercial use affects warranty coverage only where the use is outside the product’s intended specification and causes or contributes to the fault or damage.

15. KOVE Warranty

Warranty support: KOVE does not offer an in-house, on-site or general repair service. Under our voluntary warranty, we assess claims and provide replacement parts, a replacement unit or a refund, as appropriate. This service policy does not exclude any remedy, reimbursement or other obligation required by the Australian Consumer Law, and it does not reduce warranty promises attached to an earlier purchase.

15.1 Sauna products are supplied with a two-year KOVE warranty for mechanical and electrical components and a three-year KOVE warranty for exterior timber structural components, as defined below.

15.2 Ice Bath Chillers are supplied with a two-year KOVE warranty.

15.3 Details of warranty coverage, claims procedures, applicable exclusions and maintenance requirements are set out in our Returns, Refunds & Warranty Policy and any applicable Product Care Guide.

15.4 The KOVE warranty is provided in addition to rights and remedies available under the Australian Consumer Law.

15.5 Consumer guarantees may continue beyond the stated warranty period where the Australian Consumer Law requires.

Sauna and Chiller Warranty Periods

• All KOVE saunas — 2-year mechanical and electrical warranty: covers manufacturing defects in infrared heating tubes and elements, sauna heaters supplied with the sauna (including Harvia heaters), heater elements, lights, display panels, control panels and other supplied mechanical or electrical components.
• All KOVE saunas — 3-year structural warranty: covers manufacturing defects in all exterior timber components of the sauna, including the exterior timber walls, cladding, frame and timber roof components. This period applies to the exterior timber only; it does not extend the mechanical and electrical warranty or automatically cover glass, roof coverings, fittings or interior timber for three years.
• All KOVE ice bath chillers — 2-year warranty: covers manufacturing defects in the chiller and its supplied components.

These periods begin on the original order date. The sauna periods apply across the KOVE sauna range, including indoor infrared, outdoor barrel and outdoor cube saunas. Other products retain their separately stated warranty periods. Normal wear, routine servicing and damage caused by an excluded event are not manufacturing defects.

For warranty claims, contact Kove Designs Australia Pty Ltd at the contact details in section 23 and follow the assessment and claim-cost process in our Warranty & Product Care Guide.

16. Australian Consumer Law

16.1 Products supplied to Consumers come with guarantees that cannot be excluded under the Australian Consumer Law.

16.2 Depending on the circumstances and seriousness of a failure, a Consumer may be entitled to repair, replacement, refund, compensation or another remedy.

16.3 A Business Customer may also qualify as a Consumer under the Australian Consumer Law. This can include some business purchases under $100,000 including GST and products ordinarily acquired for personal, domestic or household use.

16.4 Nothing in these Terms is intended to exclude, restrict or modify the application of the Australian Consumer Law.

17. Liability

17.1 Nothing in these Terms excludes or limits liability:

• Under a consumer guarantee that cannot legally be excluded
• For fraud or fraudulent misrepresentation
• For death or personal injury caused by negligence
• Where liability cannot legally be excluded or limited

17.2 Subject to clause 17.1, KOVE is not liable for loss caused by:

• Misuse or use outside the Product Specifications
• Incorrect installation or unauthorised modification
• Failure to follow instructions or maintenance requirements
• Inaccurate information supplied by the customer
• Events outside KOVE’s reasonable control

17.3 For a Business Customer who is not a Consumer under the Australian Consumer Law, and to the maximum extent permitted by law:

• KOVE’s aggregate liability relating to an order is limited to the amount paid for the product giving rise to the claim
• KOVE is not liable for indirect or consequential commercial loss, lost profits, lost revenue, business interruption or loss of opportunity

17.4 The limitations in clause 17.3 do not apply where it would be unfair, unreasonable or unlawful for them to apply.

18. Events Outside Our Control

18.1 We are not responsible for delay caused by events outside our reasonable control, including severe weather, natural disasters, transport interruption, industrial action, supplier failure, utility outages, fire, flood, war, civil unrest, epidemic, pandemic or government action.

18.2 We will take reasonable steps to minimise the effect of the event and keep affected customers informed.

18.3 If we cannot supply an accepted order within a reasonable period, either party may cancel the unfulfilled portion and any amount paid for that portion will be refunded.

19. Intellectual Property

19.1 Unless otherwise stated, the content on our website—including text, photographs, graphics, product information and branding—is owned by or licensed to KOVE Designs Australia.

19.2 Website content may not be reproduced or used commercially without permission, except where permitted by law.

20. Privacy

20.1 We collect, hold and use personal information in accordance with our Privacy Policy.

20.2 By placing an order, you consent to us sharing relevant information with payment providers, carriers and service providers where necessary to process and fulfil the order.

21. General Provisions

21.1 If a provision of these Terms is invalid or unenforceable, the remaining provisions continue to operate.

21.2 A failure or delay in exercising a right does not waive that right.

21.3 You may not transfer an accepted order without our written agreement.

21.4 We may update these Terms from time to time. The version applying to an order is the version in effect when that order is accepted.

21.5 Headings are included for convenience and do not affect interpretation.

22. Governing Law

22.1 These Terms are governed by the laws of Victoria, Australia.

22.2 The parties submit to the courts of Victoria and courts entitled to hear appeals from those courts.

22.3 This clause does not prevent a Consumer from relying on any jurisdictional rights available under applicable law.

23. Contact Details

KOVE Designs Australia
42 Frankston Gardens Drive
Carrum Downs VIC 3201
Australia

Email: [email protected]
Phone: (03) 9070 5596
Website: www.kovedesigns.com.au