A. Seller means Tilemall Pty Ltd ACN: 637 480 230, trading name is Tilemall Pty Ltd. Located at Tilemall Pty Ltd.
B. Customer means purchasers or buyers.
C. Goods means tiles, flooring or any products that supplied by the Seller. It may also include any containers, packages or pallets supplied by the Seller.
- 5 samples for $15, this offer is only redeemable once per purchase over $99(exclude GST and without delivery fee). Coupon code is sent with your sample for enter on checkout. Coupon code is valid for 6 months from sample order date.
- Samples tiles are recommended to be purchased before making a complete purchase to get a true, accurate and clear overview of the product and its suitability for installation.
- Free samples and delivery payment are not refundable or replacement
2. Quotations and orders
- Unless early withdrawn by writing to the Customer or a longer period is recorded, a quotation issued to Customer is valid for 30 days from the issuing date. A quotation is an invitation to the Customer to place orders with the Seller and does not constitute as binding agreement to sell. The Seller has the right to withdraw the quotation at any time before an order is placed by the Customer in accordance with the quotation issued.
- Each order must specify:
- Details of Customer including name, contact details, delivery address and delivery restriction (if any);
- the quantity and description of the Goods ordered; and
- a preferred delivery date for the Goods, which is at least 48 business hours from the date of the placement of the order.
- The Seller reserves all rights to accept or reject whole or part of the order made by the Customer if:
- The order is not made in a form that prescribed by the Seller.
- The date of submission of order is later than the expiry date on quotation provided by the Seller, unless otherwise agreed in writing.
3. Acceptance of orders
- The Customer is obligate to check details including the Customer information, delivery information, order information before submitting the order.
- By submitting the order, the Customer confirms that the details in the order is correct and valid. The order constitutes an offer to us to purchase the Goods from the Seller at the prices indicated in the order.
- The Seller may decline any order received from the Customer by written notice to the Customer within 7 days of receipt of the order by the Seller. The Seller will refund the full amount if the order is declined and such refund will be processed within 14 days after the written notice sent. The Seller may alternatively offer an alternative product if the product selected is not available.
- Acceptance of an order only forms when an email containing confirmation of order is sent to the Customer’s email address provided. The agreement between the Seller and Customer only be formed when the written confirmation is sent. Acceptance of payment made by Customer does not constitute acceptance of an order nor a legal binding agreement. Once the confirmation is sent, Customer is not able to amend the order or cancel the order. Cancellation of an order must be made in accordance with “cancellation of orders”.
4. Delivery of orders
- The Seller must use its best endeavours to prepare each order for collection at the Seller’s premises by an agent or courier of the Customer prior to the Delivery Date. Customer will receive email notification after the goods is packed and system generated email will be sent after the goods are shipped. The Customer must remove the order from the Seller’s premises.
- The Seller specified in Customer’s order. If Seller elects to do so, a notification in writing will be provided to the Customer. The Seller must use its best endeavours to deliver each order to the location specified in the order between the hours of 9:00 am to 5:30 pm on any day Monday to Friday (other than public holidays) or as otherwise agreed between the Seller and Customer but no later than the Delivery Date. may elect to deliver Goods to the nearest accessible location to the delivery address. Once goods are delivered to the curbside, they become the sole responsibility of the customer.
- Delivery date and availability of delivery dates are estimated only. The Seller accepts no liability or responsibility resulting from the delay in delivery. The Customer is not entitled to claim compensation or damages arising from the delay in delivery.
- Customer must remove any obstacles and hazards preventing delivery of the order to the delivery address. The Customer must also notify the Seller if there are any limited or difficult access to the delivery address when placing the order or before the order is dispatched.
- Customers should order their tiles and associated products well in advance of their planned installation date. The seller will not under any circumstances be held liable for financial losses resulting from late or incorrect deliveries.
- If nobody is available to receive the goods, this may result in the goods being returned to the seller and as a result any charges for redelivery may need to be paid by you.
5. Damaged and incorrect goods
- Any claims for damages or short deliveries must be lodged with the Seller within 7 business days after the delivery date or date of collection. The original box and package must be retained for Seller’s inspection. The Seller reserves the right to either replace or issue a credit for the Goods after satisfaction of the claim raised by the Customer.
- No responsibility for damaged products can be accepted after 48 hours / two working days (Mon – Fri) from receipt of goods.
- If the seller sends the customer incorrect goods, the customer should contact the seller ASAP for goods replacement and arrangement of redelivery. Any claims made after the products have been installed can not be accepted.
6. Cancellation of orders
- The Seller may accept cancellation of orders submitted by Customer only in the following circumstances:
- Within 2 days from the date of submitting the order; and
- Before the Goods are packed from Seller’s warehouse to your address specified in your order.
- The order does not include sales or clearance items
- The Customer must inform Seller with clear written notice to our sales team/admin team via email as set out email@example.com or in Contact us page.
- No cancellation of an order will be accepted after the dispatch of the Goods from the Company’s premises.
- If an order is cancelled prior to dispatch a fee of 5% of the total order value will be incurred.
- Cancellation of order will incur 25% cancellation fee deducted from the price.
7. Packing of orders
The Seller will ensure each order is safely and securely packed for transportation to the Customer having regard to:
- the fragility and perishability of the Goods; and
- the distance the Goods are likely to travel; and
- the method of transportation used to transport the Goods.
8. Price and Payment
- Unless stated otherwise, the Price is exclusive of GST. The Customer must pay the Price, plus the requisite GST, in relation to each order to the Seller when submitting the order.
- Unless stated otherwise, the Price is exclusive of any delivery, freight costs for part or whole order to any destination. Delivery charges are payable when the order was submitted.
- Unless expressly agreed in writing before dispatch by the Seller, no deduction of payment to be made for retention to guarantee performance of an order.
- Any deposit or partial payments made before dispatch or collection are not refundable.
- Unless provided otherwise by the Seller, the prices quoted to Customer for imported Goods are in line with the quotation provided by the supplier of Seller considering cost of freight, exchange rate, insurance premium, custom duties and other associated costs for importation when making the quotation. The final price is subject to changes associated with the abovementioned costs. The Seller is entitled to increase the price in the quotation before acceptance of an order or prior to delivery of the order.
- Unless otherwise agreed in writing by the Seller, returns after 30 calendar days from the purchase date.
- Any returns for any reason shall be arranged prior with Seller and a handling fee of 25% of the price will be deducted on all returns.
- If Goods were supplied in a special box, any return shall be made in the special original box without damages and in unmarked condition, complied with any return forms.
- Unless otherwise agreed in writing by the Seller, the Customer shall bear the all the costs associated with the return including the freight fees of delivery and return.
- Unless otherwise agreed in writing by the Seller, any Goods damaged, altered or installed cannot be returned for credit under any conditions.
- Customer is responsible for all shipping costs if seller is not at fault.
10. Limitation of Liability
- To the extent permitted by law, the Customer agrees that the Seller’s liability is limited to the replacement or re-supply of the Goods or the cost of such replacement or re-supply in the event that any loss, damage or claim arising from any cause.
- The Customer agrees and acknowledges that tiles contain natural products. Shades and calibration of tiles differ in difference pile or batches.
- The Customer agrees and releases the Seller from any claim, action or liability arising from any delays, non-delivery, incorrect delivery, defective materials or negligence or any act, matter, conduct or thing done, permitted or omitted by the Seller or its agent.
- The Customer agrees and acknowledges that it is Customer’s duty to conduct inspection of Goods delivered which is consistent with the order it placed prior to any installation. The Seller accepts no responsibility for any errors in dimensions, quantities, variation of shade and colour, specifications in the order for any Goods placed by the Customer.
- The Company accepts no responsibility for optical hazing. Polished porcelain is prone to optical hazing which appears as a hazy / smoky effect in certain light conditions. The Purchaser is advised to lay a sample of the tile loose on site and view the tile at different times over 24 hours to satisfy themselves with the tile appearance prior to installation.
11. Event of force majeure
- If any event of force majeure happens, the Seller is entitled at its discretion to extend the time for delivery of the order or terminate the agreement. The Customer shall not make any claims for compensation or damages.
- Force Majeure means any circumstances beyond the reasonable control of a party including but limited to:
- Act of God, fire, explosion, earthquake, landslide, flood, hurricane, lightning, cyclone, storm, tempest, tsunami, pandemic disease (including COVID-19) or inclement weather;
- Strike, lockout, state of emergency, stoppage or restraint of labour or other industrial disturbance or dispute (where lawful or unlawful);
- War (declared or undeclared), act of public enemies, military action, insurrection, riot, act of terrorism or civil commotion;
- Expropriation by any governmental or military agency or authority, sabotage, restraints, embargoes or other acts by any government agency or authority;
- This agreement is subject to the law of the state of New South Wales. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which are entitled to hear appeals from them.
- Terms and Conditions of Sale may be amended at any time or from time to time without prior notice to the Customer. Amendments to the terms and conditions apply to the Customer to all future dealings between the Seller and the Customer.
- Title to the Goods constituting an order passes to the Customer free of encumbrances and all other adverse interests upon receipt by the Seller of payment in full of the Price. Until title to the Goods constituting an order passes to the Customer, the Seller holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Security Act 2009 (Cth).
- Risk in each order passes to the Customer upon delivery of that order to the Customer or collection of that order by the Customer’s agent or courier as the case may be.