Murano Art Glass Australia - Terms and Conditions

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Refund, Return and Repair Policies

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PLEASE ENSURE YOU READ THIS VERY CAREFULLY AS IT HAS BEEN COMPILED IN ACCORDANCE WITH AUSTRALIAN CONSUMER LAW

 

IMPORTANT NOTE TO ALL CLIENTS

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By engaging our services, it has been taken that you have agreed to the Terms and Conditions outlined below.​

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Clients please note - Once production of your MADE TO ORDER item commences - NO REFUNDS will be made unless there is a MAJOR failure under ACL.  You will be made fully aware of technical constraints in producing your item and if you specifically request any changes to or alterations to or from an original design, you have agreed to grant the producing furnace in Venice "FULL ARTISTIC LICENCE" in every respect of your items production, and indemnify MURANO ART GLASS AUSTRALIA from any liability in relation to all production aspects of your piece.  ​The only changes that can be made to standard SAMPLES such as our Lighting and Venetian Crystal mirrors and furniture range are colours, dimensions and adornments such as droppers, swaggers, arm collars etc.

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Australian Consumer Law (ACL)

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Consumers have rights under Australian Consumer Law in relation to both Goods and Services with Consumer Guarantees in place to provide adequate protection. ​ These are if a product has a MAJOR or MINOR failure and has failed to meet a Consumer Guarantee. 

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Please be aware that ALL products ordered from Murano Art Glass Australia ARE CUSTOM MADE PRODUCTS in the sense that they are NOT available for purchase through any retail outlet in Australia.  As such, your order is considered a SPECIAL COMMISSION with aspects that have been purely created for you, your tastes, décor and other factors. As such, your product cannot be refunded as it cannot be resold, returned or exchanged at any time. To be eligible for a refund, goods must have either failed to meet the Consumer Guarantees or have been considered to have a MAJOR problem or failed a Consumer Guarantee.  Murano Art Glass Australia is NOT the physical producer of your item and as such, we cannot be held responsible for ANY "alleged" problems with your products.  Consumer Guarantees apply under ACL and we will honour any "legitimate" problems identified that may invoke Consumer Guarantee provisions. 

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ACL Section 260 - Customers right to REJECT a product due to a MAJOR FAILURE​

 

When a failure to comply with a guarantee is a major failure:​

 

• significantly different from the sample or description at the time of purchase; 

• substantially unfit for its normal purpose and unable to be easily fixed within a reasonable amount of time; 

• substantially unfit for the specific purpose you bought it for, if that purpose was made known to the supplier at the time of purchase, and cannot easily be fixed within a reasonable time period; or

• unsafe.

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MAJOR PROBLEMS - Consumer chooses remedy

​​MINOR PROBLEMS - Retailer chooses remedy​

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This will not be applicable for anything other than lighting, Venetian Crystal Mirrors or furniture. There can be uncontrollable inclusions in products such as bubbles, striations (natural glass expansion lines), random inclusions and other non-controllables.  These are NOT considered as errors, nor can they be taken as a "significant departure" from the item description or discrepancies for the purposes of S260 of ACL.  As such, you will not be entitled to "REJECT" the piece under S260 of the ACL. Each and EVERY supplier has their own production techniques including LAMP WORKED elements which are produced by the Maestro on a small PIAZZA or glass working table. Your requested piece IF NOT A STANDARD SAMPLE MODEL, will be produced "AS CLOSE AS POSSIBLE" to the EXAMPLE imagery provided. You as the client engage us to produce this item in the FULL and unequivocal understanding that FULL "ARTISTIC LICENCE" has been granted to the producing Maestro. O

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CHANGE OF MIND POLICY

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You can’t cancel a service contract or get a refund if the problem was outside the control of the provider or if you:​

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• changed your mind (Do not like the finished product)

• insisted on having a service provided in a particular way, against the provider’s advice (please read CHANGES OR ADDITIONS MADE TO STANDARD MODELS) below

• failed to clearly explain your needs to the provider​​​​​​​

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We clearly state on our website in accordance with Australian Consumer Law and consumers rights, that should you CHANGE YOUR MIND upon viewing your finished made to order item and you do not like it, that NO REFUNDS will be made or considered.  We clearly explain the technical constraints and difficulties that may be encountered during production and that we cannot resell this / these items as they are a special order made intently for you.​

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STANDARD SAMPLE PRODUCTS

 

This applies to Lighting and other item such as Venetian Crystal Mirrors and furniture where a STANDARD sample of the item applies. These items are made from current technically specific drawings with dimensions and other standards such as colour and finishes (techniques) used in their production.​  Again, as these items are hand crafted, there can be slight differences in appearance given that elements such as applied blown glass embellishments to items such as Venetian Mirrors and furniture, are NOT folded or mass produced. They are individually crafted elements in their own right. ​

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There is a distinct legal difference between "SAMPLE" and "EXAMPLE". Examples are those that show what "MAY" be possible to reproduce as opposed to Samples which are from a standard range that have technical specifications and drawings.

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DEMONSTRATION MODELS (SAMPLES)

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These items are those that have technical production drawings such as Chandeliers and lighting in addition to Venetian Crystal Mirrors and furniture.  There is a legal difference between the terms SAMPLE and EXAMPLE.  Both terms are different in their application to products produced. ​​An EXAMPLE cannot be taken as a SAMPLE, as a sample is something that will be created from an image of a current product which is created from technical drawings and historical imagery. 

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If you provide us with images of products NOT created by any one of our partner producers, these products are considered to be EXAMPLES, as they are not a standard production. ANY GOODS THAT ARE BESPOKE or SPECIAL COMMISSION that involve creation from the very beginning, without reference to a specific set of TECHNICAL DRAWINGS or EXISITING SAMPLES from an existing supplier, are unique in every aspect. Therefore, they do not depart from or can be considered as "departing from a product supplied by description".

 

In this case, your product is created from aspects / inclusions / elements that need to created from scratch, at the full and total discretion of the Master Glass Blower (Maestro).  Your item will be created as close as possible to what has been requested and you indemnify MURANO ART GLASS AUSTRALIA against any potential difference in description in your item. ​

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ACL Section 18 (Misleading and Deceptive Conduct)​

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As all items are made to order, you will be kept informed every step of the way in relation to any potential problems, difficulties or other areas of concern. Any product MADE TO ORDER / BESPOKE / SPECIAL COMMISSION / COMMISSIONED are UNIQUE in every fact. As such, the Maestros who create your piece are given FULL ARTISTIC LICENCE in every aspect of your items production. You will be kept informed every step of the way in the production of your product (Commercially sensitive information excepted).

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Imagery of your finished product will be provided to you when completed and if you have simply "CHANGED YOUR MIND" about the look and / or anatomical features of figurines or other specialised pieces once the image has been provided, under ACL, we DO NOT OFFER REFUNDS OF ANY KIND for a “CHANGE OF MIND” or if “YOU DECIDE YOU NO LONGER LIKE THE PRODUCT”.  As your order is a MADE TO ORDER item, you understand that MURANO ART GLASS AUSTRALIA will not offer ANY REFUNDS as the item your order has been made especially for you and cannot be resold. ​ Of course, this does not exclude your rights under ACL for factual / substantiated faults that are MAJOR in nature. Once your order has been placed, you the Consumer has accepted full and total ownership of the piece​​ and have agreed to these Terms and Conditions.

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IMPORTANT REFERENCE – S271 ACL

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As the actual producer of your products do not have a business location in Australia, Murano Art Glass Australia is considered a “deemed manufacturer” under ACL.  So what does this mean for you our client?

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Manufacturers are not responsible for problems with goods beyond their control. As a manufacturer, you’re not responsible for problems with goods beyond your control. You do not have to pay damages if goods do not meet the consumer guarantees due to:

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ACCC - What if the MANUFACTURER did not cause the problem with a product? What if the manufacturer did not cause the problem? 

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Section 271(2)(a) of the ACL states:​

 

S271(2)(a) - an act (all aspects in relation to production of the tank), default, omission or representation made by some other person (The "physical" producer of the item known as a Murano glass furnace), unless they are your employee or agent of the manufacturer 

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NOTE - We do NOT have EMPLOYEES or AGENTS

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Example of the application of S271(2)(a) ACL - : a mechanic, not employed by the manufacturer, uses the wrong engine oil in a car. This damages the engine. In that case, the mechanic, and not the manufacturer, would be responsible for compensating the consumer​

 

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​​WARRANTIES

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​Warranties do not apply to made to order / special commission Art Glass products such as figurines, vases or other forms as these are strictly for collecting, investment and display purposes only and do not involve regular use.  Warranties apply on all items such as Lighting etc but only if due to defective production and / or electrical faults​​​

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IMAGES / IMAGERY

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Any images provided to us have been done so with your consent.  Images provided that will be used in creating your MADE TO ORDER / SPECIAL COMMISSION / PERSONALISED GLASS will be provided to the furnaces in Venice.  You as the client fully consent and agree that in placing your order, that the images provided will be studied in order to ATTEMPT reproduce your made to order item or as closely as possible to the original lost, broken, stolen or damaged item.  Murano Art Glass Australia will NOT be responsible for refunds if you do NOT LIKE your item and CHANGE YOUR MIND.  WE cannot resell your item as it has been personalised to your requirements.  

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​ASSUMED DEFECTS IN PRODUCTION​

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As all items are individually hand blown by the finest Master Glass blowers in the world, when dealing with glass certain anomalies may and do occur such as glass expansion lines (striations), random air bubbles or other uncontrollable phenomena.  This is completely normal with any mouth blown glass item and as such, WILL NOT be considered as being a FAULT for Consumer Law purposes. Further clarification below as to what constitutes naturally occurring phenomena outlined further in these terms and conditions.

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The following anomalies are NOT CONSIDERED DEFECTS in the production of your item:

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1.  Random bubbles

2.  Striations or Glass expansion lines

3.  Subtle differences in colour 

4.  Surface imperfections​

5.  Slight differences in sizes and dimensions.  This is standard as our products are NOT moulded or mass produced.

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CHANGES OR ADDITIONS MADE TO STANDARD MODELS (SAMPLES)

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Clients may request changes in the colours of an item (if possible) such as the colour of Chandeliers, adornments such as droppers or glass faceting, shapes and sizes including height, width and depth etc.  Should a client request changes to or additions made to standard models such as colors or additional features they do so at their own risk.  You the client understands that MURANO ART GLASS AUSTRALIA has advised and counselled you that these changes will be at your own risk and that you have agreed to the changes to be made "IF" they are technically possible.  When your item has been produced, the changes you approved are NOT considered to be, nor can they be deemed as a "fault" or "faulty" or “a significant difference in description”.  In addition, if you do not like the finished product, this is deemed as a "change of mind" as you have been made fully aware of the above prior to placing your order.

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PRODUCTION TIMES

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As we are not the actual entity who physically produces your product, we are totally at the mercy of the producing furnace and their production schedule.  There may also be unanticipated problems with an items production, in addition to the annual Summer holidays which the furnaces take in August ever year due to the excessive heat.  Once returned to work, the furnaces also have to catch up on orders received during this summer break.  Murano Art Glass Australia cannot and will not be held responsible for uncontrollable delays in the production of your piece / pieces.  Production delays are something that is totally beyond our control and apply under S271 of ACL. 

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Clients also understand that due to the incredible technical difficulty of mouth blowing Glass items, that anomalies may occur that are totally outside of the control of the Glass blowers creating your MADE TO ORDER / SPECIAL COMMISSION / PERSONALISED item. ​

MURANO ART GLASS AUSTRALIA is committed to providing the finest MADE TO ORDER Venetian Glass from Venice to our clients around the world.