Brinnie T Design – Terms & Conditions

By engaging Brinnie T Design (“BTD”, “we”, “us”, “our”), you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

Payment of any invoice issued by BTD (including an initial or deposit invoice) constitutes acceptance of these Terms & Conditions.

If at any stage any condition is unclear, we encourage you to contact Jo Viney directly prior to proceeding, so we can clarify expectations and ensure transparency from the outset.

These Terms & Conditions should be read in conjunction with:

your Client Proposal, and
the FAQ page on our website.

Nothing in these Terms is intended to exclude, restrict, or modify any rights available to you under the Australian Consumer Law (ACL).

1. Scope of Services

BTD provides interior design and decoration services, which may include:

interior design consultations
concept and spatial development
colour, material, and finishes selection
furniture, lighting, fixtures, and fittings selection
documentation and specifications
coordination with suppliers and trades for design clarification
oversight of design intent during project execution

The specific services included in your project are detailed in your Client Proposal.

Any services not expressly listed are excluded unless agreed in writing.

2. Project Oversight vs Project Management (Important)

As outlined in our FAQ page, BTD does not provide building or construction project management services.

While BTD may:

oversee the execution of the design intent, and
liaise with selected builders and trades regarding design-related matters,

BTD is not responsible for:

construction scheduling or programming
site supervision or workplace safety
trade workmanship or performance
compliance with building regulations or permits
cost overruns or delays caused by third parties

Responsibility for construction works remains with the appointed builder, trades, engineers, and consultants.

3. Client Responsibilities

You agree to:

provide accurate and timely information
respond promptly to approvals and queries
ensure site access where required
engage appropriately licensed and insured trades
obtain any necessary approvals unless otherwise agreed

Delays resulting from lack of client response may impact timelines and fees.

4. Fees & Payment Terms

All fees are outlined in your Client Proposal and are exclusive of third-party costs unless stated otherwise.

Invoices are due within seven (7) days of issue
Fees paid relate to time, expertise, and services already rendered
Payments are non-refundable for work completed
Any goods purchased on behalf of the client remain the property of BTD until fully paid for

BTD reserves the right to pause services where invoices remain unpaid.

5. Variations & Additional Work

Any change to the agreed scope must be confirmed in writing.

Variations may:

incur additional fees (charged at standard rates), and
impact delivery timelines

BTD is not obligated to commence variation work until approval is received.

6. Revisions & Approvals

Unless otherwise stated in your Client Proposal:

each deliverable includes up to three (3) rounds of revisions

Once approval is provided (verbal or written):

the design, selection, or documentation is deemed final, and
further changes will be treated as a variation and charged accordingly

7. Timelines

All timelines provided are estimates only.

BTD is not responsible for delays caused by:

client decisions or delayed approvals
supplier or manufacturer lead times
builder or trade availability
weather events or freight delays
circumstances outside BTD’s reasonable control

Timelines may be adjusted where required.

8. Samples, Products, Procurement & Returns

Samples are provided for reference only and may vary between production batches.
Product availability, pricing, specifications, and lead times are subject to supplier and manufacturer conditions.
Freight, delivery, installation, and handling costs are additional unless otherwise stated.

BTD is not responsible for manufacturer defects, supplier delays, discontinued items, or changes to product specifications, but will assist with reasonable resolution where possible.

8b. Returns & Refunds

Returns will always be accepted for faulty goods in accordance with Australian Consumer Law and the applicable supplier’s terms.

Any faults must be:

advised to Brinnie T Design immediately upon discovery, and
assessed in line with supplier warranty and reporting requirements.
only the product cost may be eligible for refund
freight, delivery, and handling costs are non-refundable
refunds may be subject to supplier restocking fees

Custom, made-to-order, bespoke, or modified items are non-returnable

Returns for change of mind are not guaranteed and are subject to the individual supplier’s return policy.

BTD will facilitate return requests in good faith but cannot guarantee acceptance where supplier policies do not allow it.

9. Intellectual Property & Use of Work

All design concepts, drawings, documentation, and creative work remain the intellectual property of Brinnie T Design until invoices are paid in full.

Upon full payment, the client receives a non-exclusive licence to use the work for the intended project only

Designs may not be reused, reproduced, or shared beyond the project without written consent.

BTD retains the right to photograph, publish, and use the project (including drawings and images) for:

portfolio
website
social media
marketing, editorial, and awards submissions

10. Limitation of Liability

To the maximum extent permitted by law:

BTD’s total liability is limited to the total fees paid by the client
BTD is not liable for indirect or consequential loss, including loss of profit or delay costs

Nothing in this clause limits rights under Australian Consumer Law.

11. Termination

Either party may terminate the engagement by written notice.

If the client terminates:

all work completed to the termination date remains payable, and
any committed third-party costs

If BTD terminates due to non-payment, breach, or unreasonable conduct:

all outstanding invoices become immediately payable

12. Force Majeure

BTD is not liable for delays or failure to perform due to events beyond reasonable control, including natural disasters, pandemics, industrial action, supply disruptions, or government restrictions.

13. Australian Consumer Law & Third-Party Supplier Terms

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

Where BTD purchases products, furnishings, fixtures, fittings, or materials on your behalf:

those goods are supplied subject to the terms and conditions of the original manufacturer or supplier, including warranties, lead times, return policies, and limitations
any remedies available for faulty goods will be determined in accordance with ACL and the supplier’s policies

BTD acts as a design consultant and procurement facilitator and is not the manufacturer of goods supplied.

We are not responsible for supplier insolvency, manufacturing changes, or discontinued products beyond facilitating reasonable communication and resolution.

Nothing in these Terms excludes your rights under Australian Consumer Law. Where a product or service fails to meet ACL guarantees, you are entitled to the remedies provided by law.

14. Entire Agreement

These Terms & Conditions, together with the Client Proposal and FAQ page, form the entire agreement between the parties and supersede prior discussions or correspondence.

15. Governing Law

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

Additional Notes

A. Ethical Sourcing, Supplier Relationships & Pricing

Brinnie T Design chooses to promote local, independent, and ethically minded businesses wherever possible and works to maintain strong, long-term relationships with a core group of trusted suppliers.

Products selected for client projects are generally sourced through these suppliers with the understanding that:

pricing is fair and reasonable for the quality, craftsmanship, warranty, and support offered, and
suppliers meet appropriate standards for quality, reliability, and ethical practice.

B. Price Matching

BTD does not price match products sourced through alternative suppliers or online platforms.

If a client identifies the same or similar product available at a lower price elsewhere and has not yet paid for that product through BTD, the client is welcome to purchase that item directly from the alternative supplier.

Once a product has been ordered or paid for through BTD, pricing is considered accepted.

C. Online Marketplaces

BTD does not supply, procure, or support products purchased via:

eBay
Amazon
Temu
or similar mass-market or grey-import online platforms

This exclusion applies due to concerns around product quality, compliance, warranty limitations, inconsistent specifications, and lack of supplier accountability.

BTD is unable to guarantee suitability, safety, durability, or after-sales support for products sourced from these platforms.

D. Custom & Made-to-Order Items

Custom, bespoke, or made-to-order items (including furniture, cabinetry, soft furnishings, artwork, joinery, lighting, and custom finishes) are manufactured specifically for the client and cannot be returned or refunded for change of mind.

E. Client Supplied Measurements & Specifications

Where custom items are manufactured using measurements, drawings, or specifications supplied by the client (or third parties engaged by the client):

BTD accepts no liability for errors arising from incorrect or incomplete information.
BTD will take all reasonable steps to assist in rectification where possible.
Any costs associated with re-manufacture, modification, replacement, freight, or installation will be borne by the client.

BTD is not responsible for outcomes where products are manufactured correctly based on inaccurate information provided.