Terms and Conditions
Please Note: These terms and conditions only apply to you if you are ordering Products from us as a consumer. If you hold a trade account with us, these terms and conditions do not apply to you and we will supply Products to you subject to our Trade Terms and Conditions of Sale.
1. Information About Us Our Sites and our Store are operated by Stone and Rock ltd ("we"). We are registered in Australia our Australian company number is: 621 132 090 Our registered office and main trading address is ############ to Order from Us
2. You can place an order for any of the Products Online or by calling our sales line on ###### or by visting our website www.stoneandrock.com.au Consumer Cancellation Rights
3. If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in section 8 below). To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost. When returning the Products to us you must ensure that you use a reputable carrier, that the Products are appropriately packaged to protect them in transit and that the correct postage is paid. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. You will not have any right to cancel a Contract under this section 3 in respect of the following Products: o Any Products which are purchased by you or ordered by you when you are present at our Store; or o Any Products which are made or tailored to you particular requirements.. This provision does not affect your statutory rights.
4. Availability and Delivery All Products are subject to availability. If we are unable to fulfil your order we will inform you as soon as possible. Where we have accepted your order, we will use reasonable efforts to fulfil your order by any delivery date agreed between us and set out in our Acceptance of Order, or if no delivery date is specified, within 30 days of the date of your order. If we are not able to fulfil your order within these timescales we will try to inform you as soon as possible. You must make all arrangements necessary to take delivery of products when we deliver them in accordance with the stated delivery times for the delivery charge you have paid,this will ordinarily arranged via a booked-in service for Standard freight deliveries (2-3 working days after day of dispatch)whereby our haulage partner will contact you to arrange a convenient day for delivery, a signature will be required on day of delivey. If you do not accept delivery of the products or we are unable to deliver, or are delayed in delivering products, because of your actions or omissions , such as failure to report access issues for trucks,nobody at the premises to take receipt of a pre-booked delivery etc then you may possibly be liable for additional charges incurred by us as a result . Most of our deliveries will arrive on a pallet and will be delivered to the nearest accessible location, this may be the kerbside nearest to the property . Goods delivered to the Buyer must be checked immediately upon delivery and any damages /shortages / incorrect items must be recorded on the delivery note of the transportation company. Delivery note marked "unchecked" or failure to record damage will be deemed as acceptance as no damage and and the Company will not accept any claim thereafter,in the event of missing or incorrect items then please forward written confirmation with 48 hours. Take a digital photo of the damaged/incorrect items and forward to us with a written statement of damages within 48 hours as this will enable the Company to claim against the carrier in the event of damages. If confirmed & accepted by the Company, shortages, damaged and incorrect deliveries notified to the Company wherever possible will be remedied within a further 14 working days subject to availability and transportation. The Buyer shall deemed to have accepted the Goods, if they are not returned or rejected within 7 days of delivery or the Goods have been fitted/fixed or attempted to fit/fix to a wall or floor.. All orders will require a signature on delivery,goods cannot be left without a customer or representative signing for the consignment.
5. Important Notice: Orders are delivered by various external carriers, due to insurance and health and safety regulations neither a member of staff nor the delivery company representative are able to transport any goods into a property.
6. Risk and Title The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and Payment The price of any Products will be as quoted on our Sites from time to time or as set out in any written quotation issued by us to you, except in cases of obvious error. These prices include GST and (unless otherwise stated) exclude delivery costs, which will be added to the total amount due at the rate quoted by our sale representatives. Unless otherwise stated all delivery charges will reflect our carrier's standard charges. Prices published on our Sites are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance of Order. Prices contained in any written quotation issued by us shall (unless otherwise stated) remain valid for a maximum of 30 days. Payment for Products can be made by credit or debit card, cheque, cash or bank transfer.
8. Our Refunds / Returns Policy When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period. We will process the refund due to you as soon as possible less any deposit paid and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, less the cost of sending the items to you . You will also be responsible for the cost of returning the item to us within 30 days of the date you have written to cancel your contract. If you cancel your order it is your responsibility to return the goods to Stone and Rock Pty Ltd. You will not however be reimbursed for the cost of returning the goods . In exceptional circumstances goods may be accepted for credit but where consent is given a restocking fee of 20 % will be charged plus any additional shipping costs incured. When you return a Product to us relying on your other statutory rights or rights under your Contract with us (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you if you are entitled to a refund or replacement (if possible due to stock availability) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund in relation to the Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Adhesive, grout and tools are non refundable. Stone and Rock Pty Ltd reserve the right not to refund if the goods are deemed as not being in a resaleable condition. When purchasing tiles labelled s a Job Lot, this is an item that is put on a particular section of the website to sell at a much reduced price to that of the usual selling price. These goods have a full description explaining why they form part of a Job Lot, they may not be in perfect condition or end of batch and cannot be deemed as perfect condition goods. These products are non refundable and non returnable. All goods must be checked by the customer on receipt of goods - this is imperative. No responsibility for damaged product, shortages or incorrect products can be accepted after 48 hours / two working days (Mon - Fri) of receipt of goods. The company must be notified by e-mail or fax within 48 hours of delivery of any claims by the buyer of any shortage or damage to goods in transit.For any damages of products, photographs must be sent within 48 hours of delivery to show the full extent of any damages and information about the extent – claims may be refused out of this timeline. Risk in respect of the goods passes to the buyer from the moment of delivery. The Company reserves right not to replace damaged tiles if the total amount is less than 5% of the total order. We shall be under no obligation to give you a refund in relation to any Product once the seven day cooling off period has expired (unless the Product is defective and/or your statutory rights apply). We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Refunds on collections will only be permitted at our discretion in exceptional circumstances and , if accepted ,only within seven of days receipt . If the return is agreed , a credit note will be issued as reimbursement. Refunds on overages of delivered goods only (we do not accept back overages of collected products) are accepted back within 14 days of receipt by the customer , this 14 day period begins the day after the goods are received and we will not accept returns outside of this time period under any circumstances.
9. Our Liability We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We would not recommend that you start to install any Products, or book the services of a tiler or any other tradesmen in connection with any Products we provide, before you have received full delivery of the Products in question and thoroughly inspected the Products. If you choose to do so, you do so at your own risk and we shall not be responsible for any costs or losses you may suffer as a result, even if we have breached our obligations under these terms and conditions or any Contract. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings: (e) loss of data, or (g) waste of management or office time or delays caused to building projects. Nothing in these terms and conditions shall limit in any way our liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10. Samples, Colour & Batch Variations, Grading ,Under-floor Heating etc. Whilst we take reasonable care to ensure that all images of Products published on our Sites accurately depict the Products concerned, we cannot guarantee that the exact colour, texture or qualities of all Products will be apparent from such images. We therefore recommend that you order samples of Products before placing orders for Products. You should be aware that Products made from natural materials (including but not limited to, basalt, travertine, limestone, slate, onyx, marble, quartz, quartzite, granite) may incorporate naturally occurring variations in colour, texture or other qualities which are considered a feature of such Products. You should also be aware that the colour, shading, texture and quality of any products may vary between different batches of the same product. Wherever, possible we will fulfil any single order you place for a particular product from the same crate of material but this does not guarantee that all tiles will be identical in colour,shade or tone and it is recommended to grade the tiles before installation to get a better distribution of colour and to identify any tiles with vastly contrasting colour,shade or tone . However, where you place separate orders for the same products, the products may not be selected from the same batch. Once the tiles have been fitted to any surface, we will not be held responsible for any shade variance or different batches supplied and / or defective tiles; this all must be checked prior to fitting. Mistakes cannot be rectified after fitting of any tiles; any problems must be reported before fitting to allow resolve. Not all Products that we supply will be suitable for use with under-floor heating. If you intend to use any Product with under-floor heating it is your responsibility to ensure that they are suitable. You acknowledge and agree that any issues arising from the matters referred to in this section 9 shall not be regarded as Product “defects”.
11. Import Duty If you order Products from our site for delivery outside of Australia may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Notices All notices given by you to us must be given to Stone and Rock Ltd at the address detailed in section 1 above or by email in the contact us section on the website. We may give notice to you by either e-mail, post or fax using the contact details provided to us when you placed your order. Notice will be deemed received and properly served on the day an e-mail or fax is sent or the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail or fax that such e-mail was sent to the specified e-mail address or fax number of the addressee.
13. Events Outside Our Control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, extreme weather conditions, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e) impossibility of the use of public or private telecommunications networks (f) the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. Waiver If we choose to ignore a breach by you of these terms and conditions (or any Contract) on one occasion, we may still take issue with you at a later date if you breach the same term or condition or any other term or condition or Contract, after that.
15. Severability If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement You acknowledge and agree that the Contract between us will consist of these terms and conditions and any document expressly referred to in them. While we accept responsibility for statements and representations made by our duly authorised agents, if you intend to rely on any such statements or representations, please ensure that they are confirmed in writing.
17. Our Right to Vary these Terms and Conditions We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless we notify you of a change to those policies or these terms and conditions before we send you the Acceptance of Order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. Law and Jurisdiction Contracts for the purchase of Products through our Sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Australia.