Terms and Conditions
This website is operated by Iconic Tiles & Bathware Pty Ltd (ABN 40 621 129 879), the terms “we”, “us” and “our” refer to Iconic Tiles. Iconic tiles offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions
Please read these Terms of Service carefully before purchasing our goods. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ICONIC TILES AND BATHWARE(ITB) PTY agrees to provide goods to the purchaser “you” on the following terms and conditions:
1. ITB will assist you to decide on the quantity of goods you require by examining your plans and calculating an estimate. ITB does not warrant that any such estimate provided will exactly correspond to the actual amount of goods required, although all care will be taken, ITB will not be liable for any variations in the amount of goods purchased based on estimates provided by ITB. It is the customer’s responsibility to ensure that adequate stock is purchased to complete the job, as the correct shade cannot be guaranteed for subsequent orders.
2. Fixing/Installation
“It is the fixer’s duty to lay the tiles under the control of the client or the client’s agent (e.g., builder) and must be laid in accordance with recognized industry standards”.
No claim shall be recognized after the tiles have been installed.
FIXING OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THE PRODUCT
3. Unless previously withdrawn, ITB’s quotations are open for acceptance within (14) days of the date of the quotations or as otherwise specified. ITB reserves the right to refuse any order based on the quotation within (21) days after the order is received.
4. You will waive any claim for shortage of any goods delivered if you do not lodge a claim for shortage with ITB within (7) days after you receive the goods.
4. You will waive any claim for shortage of any goods delivered if you do not lodge a claim for shortage with ITB within (7) days after you receive the goods.
5. ITB does not provide delivery services. If, at your request ITB arranges delivery of goods, ITB will not be liable for:
- Late delivery or non-delivery of the goods.
- Any loss, damage or delay arising from late or non-delivery of the goods:
- Any loss and / or damage to goods in transit
6. Unless otherwise stated sell prices quoted by ITB include GST. Prices quoted are current as at the date of quotation. You will be liable to pay for any increases to the quoted price that may occur either before acceptance of the agreement or during its operation.
7. ITB reserves the following rights in relation to the goods until you have paid all monies owed.
- Legal ownership of the goods
- To enter into your premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods.
- To keep or resell any goods so repossessed.
If the goods are resold by you, you must hold such part of the sale proceeds as represents the invoice price of the goods sold in a separate identifiable account as the beneficial property of ITB.
8. Any of your property under ITB’s custody or control will be entirely at your risk in respect to loss or damage to the property.
9. ITB reserves the right to make a reasonable charge for storage if you do not arrange delivery or provide delivery instructions within (30) days of purchase. See in store for advertised rates.
9. ITB reserves the right to make a reasonable charge for storage if you do not arrange delivery or provide delivery instructions within (30) days of purchase. See in store for advertised rates.
10. ITB will not be under any obligation to accept goods returned by you whether held at our premises, in storage or in transit (to you or us). ITB will only accept returned goods if:
- The goods are defective, and you were not aware or were not made aware of the defects at the time of purchase: and / or
- The goods do not match the description on the purchase order: and / or
- You and ITB otherwise agree in writing
If a store credit or refund is authorized, it will be issued subject to our refund policy displayed at the store plus freight where applicable. All return freight costs are the purchaser’s responsibility.
11. All goods supplied by ITB will be described on the printed/verbal purchase order as agreed by you and ITB.
12. No order can be cancelled except with consent in writing on terms which will indemnify ITB against all losses.
13. All Clearance, End of line, Ex.Display and special priced Goods will be NON- REFUNDABLE.
14. Tiles are not guaranteed against crazing. Any guarantee for material, either tiles, adhesives sealers, cleaners or any additives shall only be given to the extent of that given by the individual manufacturers.
15. ITB cannot guarantee that the shading and colouring of the goods will exactly correspond to the shading and colour of any sample made available to you at the time or purchase.
16. This agreement is made in the State of New South Wales and the parties agree to submit all disputes between them out of this agreement to the laws of New South Wales.
17. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
18. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
19. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
20. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
21. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the state of New South Wales, Australia.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PRIVACY POLICY
In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Iconic Tiles and Bathware Pty Ltd (ABN 40 621 129 879) We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose your personal information.
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Australia and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
SECTION 5 - LINKS
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 8 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact sales@iconictiles.com.au
