HIMALAYAN ARTISAN PTY LTD – HANDMADE PRODUCT

Business Details:
Himalayan Artisan Pty Ltd
ABN 26 649 999 913
Registered Address: Lane Cove NSW 2066 Australia

1. Acknowledgement of Handmade Nature
All products sold and distributed by Himalayan Artisan Pty Ltd are individually handmade. By
purchasing our products, the Customer acknowledges and accepts that:
(a) Variations in colour, texture, size, shape, and finish are inherent to handmade manufacturing
processes.
(b) Minor blemishes, surface marks, tool impressions, and natural material variations (including,
but not limited to, veining, inclusions, and colour differences) are normal and expected
characteristics of these products.
(c) All measurements and dimensions provided are approximate and subject to reasonable
tolerances.
(d) Products produced in separate batches may exhibit slight differences in colour, finish, or
other details, and exact matching is not guaranteed.

2. No Defect Warranty for Expected Variations
The Customer agrees that the variations described in Clause 1 do not constitute defects in
materials or workmanship. Himalayan Artisan Pty Ltd provides no warranty, express or implied,
against such variations.

3. Returns and Refund Policy
(a) Returns, exchanges, or refunds will not be accepted for variations falling within the scope of
Clause 1.
(b) Refunds or replacements will only be offered for products with genuine manufacturing
defects that materially affect the structural integrity or intended use of the product, as
determined at the sole discretion of Himalayan Artisan Pty Ltd.

4. Inspection and Notification
The Customer is responsible for inspecting all products upon delivery and notifying Himalayan
Artisan Pty Ltd in writing of any claim for manufacturing defects within 7 days of receipt. Failure
to provide such notice within the specified period constitutes acceptance of the goods as
delivered.

5. Australian Consumer Law
Nothing in these Terms and Conditions excludes, restricts, or modifies any rights, guarantees, or remedies which may be conferred on the Customer under the Australian Consumer Law
(ACL) or any other applicable legislation which cannot be excluded, restricted, or modified by agreement.
Where the ACL applies, our goods come with guarantees that cannot be excluded under the
ACL. The Customer is entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. The Customer is also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6. Limitation of Liability
To the maximum extent permitted by law, Himalayan Artisan Pty Ltd’s liability for any claim
relating to the sale of its products, including claims of breach of warranty or negligence, is
limited to:
(a) in the case of goods, the replacement of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; or
(b) any other remedy expressly required by the ACL.

Under no circumstances shall Himalayan Artisan Pty Ltd be liable for indirect, consequential, or incidental damages arising from the use of its products.

7. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of New South Wales and the laws of Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.