Terms and Conditions

- Seller: Tilemall Pty Ltd (ACN: 637 480 230 / ABN: 79 630 480 230), trading as Tilemall, with its business address at 4–10 Fisher St, Silverwater NSW 2128.

- Customer: Any purchaser or buyer of Goods from the Seller (including both individual consumers and business/trade customers).

- Goods: Any tiles, flooring, or other products supplied by the Seller, including any containers, packaging, or pallets provided with those products.

By placing an order with the Seller, the Customer agrees to the following terms and conditions of sale:

OPERATIVE PROVISIONS

1. Sample

• Sample Pack Offer:

The Seller offers a Sample Tile Pack containing up to 5 tiles for $15.00. This offer is redeemable once per customer on orders over $99.00 (excluding GST and delivery fees).

A coupon code will be provided on a physical card inside the sample box. This code can be applied at checkout on a future order and is valid for 6 months from the sample order date.

If the Customer does not receive the coupon card, they may contact our customer service team at sales@tilemall.com.au to request the code.

• Recommendation to Order Samples:

The Seller strongly recommends ordering sample tiles prior to placing a full order. Samples help the Customer assess the true colour, texture, finish, and suitability of the tiles under actual lighting and space conditions.

• Non-Refundable and Non-Returnable:

All tile samples, including those obtained through free sample promotions, are not eligible for return or exchange under any circumstances. Sample delivery fees are non-refundable. In the event that a sample arrives damaged or broken, the Seller may, at its sole discretion and without any obligation, offer a replacement. Any such replacement, if provided, will be subject to availability and may require additional delivery fees.

2. Quotations and Orders

• Quotation Validity:

Unless withdrawn earlier in writing or stated otherwise, any quotation issued by the Seller is valid for 30 days from its issue date. A quotation is an invitation to the Customer to place an order and is not a binding offer from the Seller. The Seller may withdraw or revise a quotation at any time before the Customer places an order referencing that quotation.

• Placing Orders:

Each purchase order the Customer places with the Seller must include:

- Customer Details: The Customer’s name (or business name), contact information, delivery address, and any delivery restrictions or special instructions.
- Goods Details: The quantity, price and full description of the Goods being ordered (e.g. product code, name, colour, size).
- Preferred Delivery Date: A requested delivery or pickup date for the Goods, which must be at least 2 business days (48 hours) from the date the order is placed (to allow for processing).

• Right to Accept or Reject:

The Seller reserves the right to accept or reject an order in whole or in part. Reasons the Seller may reject an order include, but are not limited to:

- The order is not submitted in the correct format or lacks required information.
- The order is submitted after a quotation has expired (unless the Seller agrees in writing to honour it).
- The Goods are no longer available or in stock.
- Any other legitimate reason at the Seller’s discretion (such as pricing errors or suspicion of fraud).

3. Acceptance of Orders

• Customer Responsibility:

Before finalising an order, the Customer must review all details (personal details, delivery address, Goods and quantities, pricing, etc.) to ensure accuracy. By submitting an order, the Customer warrants that all information provided is correct and that they are offering to purchase the listed Goods for the stated price.

• Order Confirmation:

An order submitted by the Customer is considered an offer to buy. The Seller’s acceptance of that order occurs only when the Seller sends a written Order Confirmation (e.g. via email) to the Customer. Payment receipt alone does not constitute acceptance of an order. If the Seller declines the order, any payment received will be refunded.

• Right to Decline:

The Seller may decline any order by notifying the Customer in writing (e.g. email) within 7 days of receiving the order. If an order is declined, the Customer will receive a full refund of any payment made for that order, processed within 14 days of the notice. If the originally ordered product is unavailable, the Seller may offer an alternative product for the Customer’s consideration.

• No Changes After Confirmation:

Once an order confirmation has been sent to the Customer, a binding agreement is formed for the sale of those Goods. After this point, the Customer cannot modify or cancel the order, except as allowed under the cancellation policy (see Section 6. Cancellation of Orders below).

4. Delivery of Orders

• Processing and Dispatch:

The Seller will use its best efforts to prepare and dispatch each order by the agreed or estimated delivery date. Customers will receive an email notification when their order is packed, and another notification (with tracking information, if applicable) once the order has been shipped.

• Delivery Service:

Unless otherwise agreed, the Seller (or its carrier) will deliver the Goods to the delivery address provided in the order. Deliveries are made Monday to Friday between 9:00 am and 5:30 pm (excluding public holidays). If access to the address is limited (e.g. narrow streets, no unloading zone, remote location), the Seller may deliver to the nearest accessible point (for example, curbside at the property). Once the Goods are delivered to the designated address or curbside location, responsibility for those Goods passes to the Customer (see Section 13 on Risk).

Pallet jack delivery is not guaranteed. If a pallet jack is required, the Customer must notify the Seller in advance. Common delivery methods include tailgate trucks, crane trucks, and forklift trucks. For Customers residing in multi-storey buildings, delivery inside the building is subject to prior arrangement and may not always be possible. If special delivery arrangements are required, the Customer must contact the Seller in advance to confirm feasibility and any additional costs.

• Customer’s Duties for Delivery:

The Customer must ensure the delivery location is ready and safe for drop-off. This includes removing any obstacles or hazards that might prevent a truck from delivering (e.g. clearing driveways, providing notice of low-hanging wires or weight-limited bridges). The Customer must also inform the Seller at the time of order (or as soon as possible before dispatch) about any special delivery circumstances or access restrictions. Failure to do so may result in the delivery being unsuccessful.

• Delivery Dates:

Any delivery or pickup date provided by the Seller is an estimate only. While the Seller will aim to meet the estimated date, delays can occur due to factors beyond our control (transport issues, stock delays, etc.). The Seller is not liable for any loss or damage arising from a delayed delivery. Customers are advised not to schedule installers or trades based solely on an estimated delivery date. The Seller will not be responsible for installation delays or other project costs incurred due to a shipment arriving late or incorrectly.

• Unable to Receive Goods:

The Customer (or an authorized person) should be available to receive the delivery on the scheduled day. If no one is present to accept the delivery, the goods may be returned to the Seller’s warehouse or freight depot. Re-delivery charges or storage fees may apply in such cases, and those fees will be the Customer’s responsibility.

If delivery cannot be completed for reasons not attributable to the Seller — including but not limited to site access restrictions, lack of unloading arrangements, or the Customer’s failure to accept the Goods — the delivery will be deemed “rejected” and a reasonable cost as determined by the Seller acting reasonably will apply, payable by the Customer.

• Customer Pickup:

If the Customer elects to pick up goods from the Seller’s premises (or arrange their own courier), the Seller will notify the Customer when the order is ready for collection. The Customer (or their agent) is responsible for collecting the order promptly once notified. When picking up, the Customer should inspect and ensure they have all items before leaving the premises, as described in Section 5.

5. Damaged or Incorrect Goods

• Inspection Upon Delivery:

The Customer must inspect the Goods as soon as possible upon delivery or pickup. If there are any damaged, defective, or missing items, the Customer must notify the Seller within 24 hours of receiving the goods. For delivered orders, report any issues immediately to our customer service (and note damage to the driver if possible upon receipt). For pickup orders, any damage or discrepancy should be pointed out before leaving the warehouse.

• Reporting Damages/Shortages:

To lodge a claim for damaged or short-delivered goods, contact the Seller’s customer service within the timeframe above. You may be required to provide details and photographs of any damage. Keep all original packaging and packing materials, as they may be needed for inspection or return.

• Limitations on Claims:

The Seller cannot accept responsibility for transit damage or missing items reported after 24 hours from receipt of the goods. Additionally, if the goods have been moved to another location, stored for an extended time after delivery, or handled by third parties, it may be difficult to determine when damage occurred; please inspect promptly. No claims will be accepted after goods have been installed, as installation is deemed acceptance of the product.

• Resolution:

If the Seller verifies that the Goods were delivered incorrectly, in short supply, or arrived damaged (and the Customer met the above conditions for notification), the Seller will at its discretion either:

(a) arrange for the replacement of the affected items, or
(b) issue an appropriate credit or refund for those items.

• Warehouse Pickups:

For orders collected from the Seller’s warehouse, the Customer is responsible for carefully inspecting all items at the time of pickup. Once items leave the warehouse in the Customer’s possession (or their courier’s possession), the Seller is not liable for any loss or damage discovered later, and no claims for such damage will be accepted.

6. Cancellation of Orders

• Custom-Made / Special-Order Items

Products that are custom-made, made-to-order, or specially sourced for the Customer (including but not limited to unique sizing, colour, material, or pattern) are non-cancellable, non-returnable, and non-refundable once confirmed.

These items are excluded from the Change of Mind policy and cannot be cancelled even before dispatch. By confirming a custom product order, the Customer acknowledges and agrees to these conditions.

For all other eligible orders, cancellation conditions are outlined below.

• Eligibility to Cancel:

Once placed, an order is generally considered final. The Seller may, at its discretion, accept a request from the Customer to cancel an order only if all the following conditions are met:

- The cancellation request is made within 2 days (48 hours) of the original order placement;
- The Goods have not yet been packed or dispatched from the Seller’s warehouse; and
- The order does not include any discounted, special sales (e.g. EOFY), clearance, or custom-made / special-order items.

The Customer must submit the cancellation request in writing (e.g. via email to sales@tilemall.com.au or through our Contact Us page). Verbal or late cancellation requests will not be binding.

• Not Eligible for Cancellation:

Once an order has reached any of the following stages, it is no longer eligible for cancellation:

- The goods have been packed and are marked as Ready for Pickup
- The goods have been dispatched and are in transit
- The goods have been delivered or signed for

In these cases, the order is considered processed and cannot be cancelled. Customers may still refer to our Returns & Refunds Policy for post-dispatch options where applicable.

• Cancellation Fees:

If a cancellation request is accepted by the Seller, a cancellation fee will apply to cover administrative and processing costs: A fee of 5% of the total order value will be deducted from the refund.

This fee helps offset non-refundable transaction costs, internal processing time, and system handling fees incurred even before dispatch, including but not limited to credit card charges, accounting adjustments, and administrative time spent confirming and reversing the order.

Note: Tilemall reserves the right to waive or reduce this fee in cases where the cancellation is requested promptly and no internal work has commenced.

In certain exceptional cases, the Seller may agree to cancel an order outside of the standard conditions, in which case a restocking fee of up to 25% of the order value may be deducted. The Seller is not obligated to approve such cancellations.

7. Packing of Orders

The Seller will pack all orders in a manner that is safe and suitable for transport, taking into account:

- The fragility or perishability of the Goods (e.g. using protective wrapping for delicate tiles);
- The distance and duration the Goods will travel to reach the Customer; and
- The transport method (road, rail, etc.) and handling involved in transit. Proper packing helps ensure the Goods arrive in good condition.

The Customer should still handle all delivered packages with care when unpacking to avoid damage.

8. Price and Payment

• Pricing:

All prices are listed in Australian Dollars (AUD) and are inclusive of GST (10%), unless otherwise clearly stated.

• Payment Timing:

The full purchase price for the Goods, plus any applicable GST and delivery/ freight charges, must be paid at the time the order is placed. The Seller is under no obligation to process or dispatch an order until payment in full has been received.

• Delivery Charges:

Any quoted prices for Goods do not include delivery or freight charges unless specified. Delivery costs (if any) will be calculated and added to the order at the time of checkout or invoicing. These charges are payable by the Customer along with the price of the Goods.

• No Retention or Set off:

The Customer is not entitled to retain any part of the payment or set off any amount against the purchase price as a guarantee of performance or for any other reason, unless the Seller agrees in writing beforehand.

• Deposits:

If the Seller, at its discretion, accepts a deposit or partial payment for an order, the Customer acknowledges that such deposit is non-refundable (except in the case of the Seller’s breach or order cancellation by the Seller).

Change of mind or failure to pay the balance will result in forfeiture of any deposit paid.

• Price Adjustments:

If an order involves Goods to be imported or special-ordered, any quoted price from the Seller may be subject to change due to variations in freight costs, exchange rates, insurance, customs duties, or other import-related costs beyond the Seller’s control.

The Seller reserves the right to adjust the price before accepting the order or prior to delivery to reflect these additional costs. The Customer will be informed of any price increase and may choose to accept or cancel the order if the price change is significant.

9. Returns and Refunds

This Returns and Refunds Policy applies to any order that has already been dispatched, regardless of whether the goods have been received by the customer.

If you wish to cancel an order that has not yet been dispatched, please refer to Section 6 – Cancellation of Orders.

• Custom-Made / Special-Order Items

• Return Period:

Unless otherwise agreed in writing, the return period is 30 calendar days from the later of:

- The dispatch date, or
- The delivery/receipt date.

This ensures customers are not disadvantaged by shipping delays.

• Return Authorization:

All returns must be pre-approved and arranged with Tilemall. Unauthorized returns may be refused. Please contact us to receive return instructions and authorization if required.

• Condition of Goods:

Goods must be unused, undamaged, uninstalled, and in original packaging (including pallets, skids, and protective wrapping).

Returns will be rejected with no refund if goods are:

- Used, marked, chipped, or damaged
- Missing original packaging or accessories
- Custom-cut, altered, or soiled

Tilemall reserves the right to inspect and determine whether goods are in resalable condition.

• Restocking Fee:

Approved change-of-mind returns will incur a 25% restocking fee, covering:

- Quality inspection
- Repackaging & safe handling
- Inventory & admin processing

This fee only applies if goods are deemed resalable.

• Shipping Costs:

Customers are responsible for all return freight charges, unless the return is due to a Tilemall error or confirmed product fault. Original delivery fees are non-refundable (unless required by law). If we arrange return shipping on your behalf, the cost will be deducted from your refund.

• Non-Returnable Items:

Certain products cannot be returned for a refund or credit, including:

- Clearance or Sale Items: Products sold as part of a clearance, sale, or “final sale” promotion.
- Made-to-Order or Special Order Items: Any custom-made or special-order Goods that are not regular stock.
- Samples: Sample tiles or sample packs (as noted in Section 1).
- Any other items explicitly identified as non-returnable at the time of sale.
- Bulk/Commercial Quantity Orders: Orders of exceptionally large quantities or special bulk-priced orders may not be eligible for return (except for genuine product faults).

In some cases, the Seller may allow returns of bulk orders at its discretion, but a higher restocking fee may apply.

• Procedure:

When a return is approved, the Customer must follow the Seller’s instructions for returning the Goods. This may include using specified carriers or labels or including certain documentation. The Seller may require photographs of the goods prior to approving the return to verify their condition.

• Inspection and Refund:

All returned Goods will be inspected upon arrival at the Seller’s facility. Refunds or credits (minus any fees as noted above) will only be processed after the Goods have been verified to be in acceptable condition. Please allow a reasonable processing time for inspection and refund. Any refund will be made via the same method as the original payment unless otherwise arranged.

To initiate a return, please contact sales@tilemall.com.au or refer to our online return instructions at www.tilemall.com.au/returns.

• Exchange

In the case of an exchange, the surcharge shall be waived provided that the returned products are inspected by Tilemall and confirmed to be in sellable condition.

10. Storage Fee

Tilemall offers up to 30 calendar days of free storage from the date the goods are ready for collection or delivery (“Free Storage Period”). After the Free Storage Period has expired, a storage fee of AUD 25 per pallet per week (or part thereof) will apply, unless otherwise agreed in writing between Tilemall and the Buyer prior to the expiry of the Free Storage Period.

The storage fee must be paid in full before the goods are released. All goods stored beyond the Free Storage Period remain at the Buyer’s risk (see Section 13 – Risk of Loss), including but not limited to any loss, damage, or deterioration.

If the goods remain uncollected for more than 90 calendar days after the Free Storage Period has expired, Tilemall reserves the right to dispose of or resell the goods without further notice, and without prejudice to any other rights or remedies available to Tilemall.

11. Limitation of Liability

• To the fullest extent permitted by law, the Seller’s liability for any loss, damage, or claim arising out of the purchase or use of its Goods or services is limited to, at the Seller’s option, either:

(a) the replacement of the Goods or the supply of equivalent goods; or
(b) the payment of the cost of replacing the Goods or acquiring equivalent goods. In other words, the Customer is entitled only to the cost of replacement of the actual Goods purchased, and no other compensation.

• Natural Variations:

The Customer acknowledges that tiles and similar Goods may contain natural materials and can exhibit inherent variations. Differences in shade, colour tone, size (calibration), or finish can occur between production batches. These variations are normal in the tile industry and are not considered defects. The Customer should ensure that the entirety of their order is suitable (in colour, batch, and calibration) before installation, as the Seller cannot guarantee perfect consistency across different batches or shipments.

• No Liability for Delays or Third-Party Acts:

The Customer releases the Seller from any claim or liability for losses due to delays in delivery, failure to deliver by a certain date, incorrect delivery, or other issues once the Goods have been dispatched. Similarly, the Seller is not liable for any damages or losses caused by third-party carriers, installers, or other persons once the goods are in their custody.

• Customer’s Inspection Duty:

It is the Customer’s responsibility to inspect all Goods upon delivery and prior to any installation or use. Any errors or discrepancies (such as incorrect dimensions, quantities, colour/shade differences, or other specification issues) should be reported before installation. The Seller is not responsible for any costs or losses (labour, installation, removal, etc.) arising from the installation of incorrect or defective Goods if such issues could have been identified by reasonable inspection beforehand. Installing the Goods constitutes acceptance of them.

• Optical Hazing Disclaimer:

The Seller accepts no responsibility or liability for optical hazing in polished porcelain or similar tiles. Optical hazing is an effect that can cause a hazy or smoky appearance on a tile’s surface under certain lighting conditions; it is a characteristic of the material and manufacturing process, not a defect. The Customer (or their installer) is advised to inspect a sample tile on-site under different lighting over 24 hours to ensure they are satisfied with the appearance before proceeding with full installation.

• Statutory Rights:

These limitations of liability apply to the extent permitted by law. Nothing in these terms is intended to exclude or restrict any rights the Customer may have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded. However, where the Customer is purchasing Goods for business or commercial use (not as a “consumer”), certain statutory warranties or guarantees may not apply.

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL), including guarantees that cannot be excluded.

12. Force Majeure (Events Beyond Our Control)

If the Seller is unable to perform any obligation under this agreement, or the performance is delayed, due to an event beyond the Seller’s reasonable control, the Seller shall not be liable for such inability or delay. In such cases, the Seller may at its discretion extend the time for delivery or performance, or cancel the order (with a refund for any part of the order not fulfilled).

The Customer will not be entitled to claim compensation for any failure or delay in performance due solely to a force majeure event.
Force Majeure events include, but are not limited to:

- Natural Disasters: Acts of God such as fire, explosion, earthquake, landslide, flood, hurricane, cyclone, storm, tempest, tsunami, or other extreme weather or natural events.
- Epidemics/Pandemics: Outbreaks of disease, including any pandemic (e.g. COVID-19) or government-declared health emergencies that impact commerce or transport.
- Labor Disruptions: Strikes, lockouts, industrial disputes, work stoppages or slowdowns (whether occurring at the Seller’s facilities or affecting suppliers/carriers).
- Civil Unrest or War: War (declared or not), invasion, acts of public enemies, terrorism, civil war, riot, civil commotion, or widespread violent disorder.
- Government Actions: Actions or restraints by any government or public authority, such as embargoes, import/export restrictions, expropriation or confiscation of facilities, or other regulatory constraints that prevent performance.
- Other Unforeseeable Events: Sabotage, serious accidents, or any other events that are beyond the control of the Seller and not a result of the Seller’s fault or negligence.

If a force majeure event occurs, the Seller will notify the Customer as soon as practical regarding how it affects the order and what steps are being taken.

13. General Provisions

• Governing Law:

This agreement and any transactions under it are governed by the laws of the State of New South Wales, Australia. The Customer and Seller submit to the non-exclusive jurisdiction of the courts of New South Wales (and any courts that can hear appeals from those courts) for any proceedings in connection with these terms.

• Changes to Terms:

The Seller may amend or update these Terms and Conditions of Sale at any time without prior notice. The current Terms and Conditions will apply to any new orders or dealings with the Customer from the time they are published. Customers are encouraged to review the terms periodically. No amendment will affect an order that has already been confirmed before the update, unless the Customer consents.

• Title (Ownership):

Ownership of the Goods passes to the Customer only when the Seller has received full payment for the order (cleared funds for the total Price, including any taxes and charges). Until title passes, the Seller retains a security interest in the Goods and any proceeds from their resale, as allowed under the Personal Property Securities Act 2009 (Cth). The Customer must not sell or encumber the Goods before title passes without the Seller’s consent.

• Risk of Loss:

Risk in the Goods (responsibility for loss or damage) passes to the Customer upon delivery of the Goods to the Customer’s specified address or upon collection of the Goods by the Customer’s agent or courier. From that point, the Customer bears all risk and the Seller will not be liable for any loss, damage, or deterioration of the Goods. It is the Customer’s responsibility to insure the Goods if needed once risk has passed.

• Entire Agreement:

These terms, together with the order invoice or confirmation, constitute the entire agreement between the Seller and the Customer regarding the sale of the Goods. Any other representations or promises not contained herein are not binding on the Seller.

• Severability:

If any provision of these terms is found to be invalid or unenforceable by a court, the remainder of the terms shall continue to apply to the fullest extent permitted by law.

Any failure by the Seller to enforce a provision of these terms at any time shall not be construed as a waiver of the Seller’s right to require strict compliance in the future.

Purchasing from Tilemall, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions of Sale.