1.1. Currency: These terms and conditions of sale (Terms) apply to the supply of all Goods and Services by us to you via our website or otherwise from the date that you accept these Terms.
1.2. Acceptance: You accept these Terms when:
1.2.1. you submit an Order;
1.2.2. you accept delivery of, or any part of, the Goods and Services of an Order; or
you make Payment for any Goods and Services supplied by us,
1.2.3. whichever occurs first.
2.1. Samples: You may purchase Samples prior to placing an Order. If you proceed to place an Order, the price of the Samples purchased can be deducted from your Order, using the voucher code.
2.2. Placing an Order: By placing an Order on our website, you are confirming you are of legal age, the information you have provided is true and correct and you are authorised to make the Payment. An Order is not binding until we have provided you in our absolute discretion our written acceptance of the Order.
2.3. Additional conditions: Unless otherwise agreed by us in writing, these Terms will prevail over, and we will not be bound by, any conditions (express or implied) added or provided by you.
3.1. Price: The price charged and payable for the Goods and Services shall be the price in Australian dollars advertised on our website at the date we accept the Order, together with any applicable taxes, charges and delivery costs regarding the Goods and Services.
3.2.1. there is any movement in the cost of supplying the Goods or Services specified in your Order, including any Charges; or
the Goods or Services specified in your Order are varied from the Goods or Services specified in our Quote,
3.2.2. and we provide you reasonable notice of any such variation of price.
4.1. Payment terms for Goods: You must make Payment for Goods in full at the time of placing the Order.
4.2. Payment terms for Services: You must make Payment for Services on completion of the Service provided, unless prior agreement has been made in writing.
4.3. Payment method: Payments may be made by Visa, Mastercard, Amex, debit card or PayPal or as otherwise indicated by us in writing.
5.1. An Order for made-to-order Goods cannot be cancelled or amended after a 24-hour cooling off period.
5.1.1. The made-to-order Goods may vary from batch to batch and refunds will not be made for Goods that have shade variation within the accepted shade variation of individual designs and ranges.
5.2. We will re-supply an Order if:
5.2.1. we supply the wrong Goods;
5.2.2. there is a defect in the Goods.
6.1. Delivery: Delivery of the Goods occurs when you pick up or we deliver the Goods to you, your agent or nominee or to a carrier commissioned on your behalf at the place specified by you, or as otherwise agreed.
6.2. Timing of delivery: In general, we allow 10 business days to prepare your order. However, if there is any delay, we will not liable to you for such delay provided such delay is not unreasonable in the circumstances. Shipping time, weekends and public holidays are not included in the 10 business days.
6.3. Cost of delivery: We may charge you the cost of delivering the Goods to you, which will be included in the Payment. Prices for delivery may vary depending on the delivery location and service method. If you elect to pick up your Items from one of our Showrooms, no freight will be charged.
6.5. Risk passes on delivery: The risk in the Goods shall pass to you upon the delivery of the Goods in accordance with clause 6.1.
6.6. Damage to goods: Upon delivery we request that you inspect the Goods immediately and note any damage on the consignment when signing for the Goods. If a different arrangement has been made by you for delivery and Goods are not signed for, we request you inspect the Goods soon after delivery and note any damage taking into account clause 8.
6.7. No liability for delay: We will use reasonable efforts to deliver the Goods to you by the date and to the place specified by you. Without limiting clause 9 (Exclusions + Limitations), if the Delivery of the Goods is delayed:
6.7.1. we shall not be liable for late delivery or delay in delivery; and
6.7.2. the delay does not give you the right to cancel an Order, terminate these Terms or to sue for damages.
7.2. Cancellation by us: We may in writing cancel an Order or delivery of an Order without liability to you if:
7.2.1. we reasonably form the opinion that you are insolvent or at material risk of insolvency;
7.2.2. you fail to make a Payment on time; or
7.2.3. we reasonably form the opinion that supplying Goods or Services to you may have a negative impact upon our business or commercial reputation or image.
8.1. This clause 8 is subject to clause 9 (Exclusions + Limitations), clause 10 (Statutory Rights) and any other statutory or legal right whether under these Terms or otherwise.
8.2. Returns: You must inspect the Goods upon Delivery for quality, colour, design, shade variations and quantity before installation and may only return the Goods if:
8.2.1. they do not materially comply with the Order; or
8.2.2. permitted by law, including the ACL.
8.3.1. notice within 14 days of your receipt of the Goods; and
8.3.2. the original invoice details.
8.4. Replacement or credit: If we accept the claim for replacement or credit we will at our option either:
8.4.1. replace the Goods; or
8.4.2. give a credit or a refund for such Goods.
8.5. Costs to return Goods: Unless otherwise permitted by law, you must pay for any transportation costs to return the Goods to us.
8.6. Goods damaged in transit: We accept no liability for Goods damaged in transit, and no credit / compensation will be given for such damaged goods.
9.1. ACL exception: The exclusions and limitations in this clause 9 are subject to clause 10 (Statutory Rights).
9.2. Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
9.3. Limitations: All products comply with Standards Australia, no warranty is given and we will not be liable for:
In the case of Goods
9.3.1. any discrepancy in the colour of the Goods displayed on your computer and our samples which may be purchased prior to placing an Order;
9.3.2. alterations to Goods for which we are not responsible;
9.3.3. defects or depreciation caused by wear and tear, accidents, corrosion, dampness or other abnormal conditions or effects;
9.3.4. damage or failure caused by unusual or non-recommended use, misuse or application of the Goods including but not limited to damage or injury caused by purchasers or installers that use abrasives to clean products that contain acids, precious or semiprecious metals;
9.3.5. any injury caused by transporting or installing the Goods; or
9.3.6. loss caused by any factors beyond our control; and
In the case of Services
9.3.7. interference with our Services for which we are not responsible;
9.3.8. damage or loss caused by unusual or non-recommended use of our Services; or
9.3.9. loss caused by any factors beyond our control.
9.4. Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms).
9.5. Total liability: Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
In the case of Goods
9.5.1. the replacement of the Goods or the supply of equivalent goods;
9.5.2. the repair or rectification of the Goods;
9.5.3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
9.5.4. the payment of the cost of the repair or rectification of the Goods; and
In the case of Services
9.5.5. the supply of the Services again; or
9.6. Third party service providers: If:
9.6.1. you opt to have us arrange for a tiler to install the Goods and have fully paid the amount quoted by us for the tiler to carry out the installation, and that tiler installs the wrong Goods, we will cover the cost of replacing the Goods and reinstallation; and
9.6.2. you independently arrange for a tiler to install the Goods and pay that tiler directly, and that tiler installs the wrong Goods, we will not cover the cost of replacing the Goods or the reinstallation. It is your responsibility to ensure the correct Goods are installed by the tiler. You need to ensure all tilers do a dry lay of tiles and check the Goods are the correct ones before installation of the Goods.
10.1. Statutory rights: Certain statutory guarantees, warranties and rights may apply to your purchase of Goods and Services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws.
10.2. No restriction: Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
11. Intellectual Property
11.1. Your intellectual property: If you provide us with Material to be used in the supply of the Goods or Services:
11.1.2. you indemnify and will keep us indemnified from and against any and all claims, liabilities, obligations, expenses or damages which we may incur if clause 11.1.1 is untrue or breached.
11.2. Licence over Materials: You grant to us a non-exclusive royalty-free license to use all Intellectual Property Rights in all Materials for so long as necessary or convenient for the production of the Goods or Services and the matters contemplated regarding the delivery of the relevant Goods or Services.
11.3. Our intellectual property: All of our Intellectual Property Rights in and relating to the production, development and supply of the Goods or Services, including but not limited to drawing, designs, art films, screens, website material, illustrations, specifications, and other literature (excluding Materials licensed to us pursuant to clause 11.2) remains our property and shall not be transferred, assigned, licensed, reproduced, disclosed or otherwise given to any other person by you without our prior written consent.
11.4. Confidentiality: You must keep confidential and shall not use any of our confidential information without our prior written consent.
12.1. Prices inclusive of GST: Unless otherwise agreed, prices are inclusive of GST.
12.2. Issue of tax invoice: We will issue a tax invoice for any taxable supply to you, which will enable you, if permitted by the GST Law, to claim a credit for GST paid by you.
12.3. Third party supplies: If GST is payable for a taxable supply by a third party, we will request that party to provide you with a tax invoice.
13.1. Discontinuance of Products: We reserve the right to discontinue certain Goods at any time without prior notice.
13.2. Delivery time: Delivery times are subject to change at our discretion.
13.3. Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your breach or alleged breach of these Terms.
13.5. Binding: These Terms bind our successors, administrators and permitted assigns and your executors and permitted assigns or your successors, administrators and permitted assigns (as applicable).
13.6. Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent.
13.8. External links: We are not responsible for the content on external links appearing on our website.
13.9. Force Majeure: If a Force Majeure Event occurs, we may:
13.9.1. totally or partially suspend any Order or any deliveries relating to an Order during any period in which we may be hindered due to that Force Majeure Event; and
13.9.2. elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances.
13.9.3. Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
13.9.4. Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
13.9.5. Governing law: These Terms shall be governed by the laws of the State of Victoria and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of Victoria.
14. Interpretation + Definitions
14.1. Personal pronouns: Except where the context otherwise provides or requires:
14.2. the terms we, us or our refers to Southern Cross Ceramics Pty Ltd (ACN 006 711 646) trading as Southern Cross Ceramics, Southern Cross Splashbacks and Sanctuary Makers of 28 Dunlop Road, Mulgrave, Victoria 3170, Australia; and
14.3. the terms you or your refers to any person or entity that places an Order with us and agrees (by conduct, notice or otherwise) to be bound by these Terms, including any related company, related party, officer and authorised person of the relevant person.
14.4. Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Charges means any sales tax, excise duties, customs duty, transfer duty, GST or any other taxes, duties or charges applicable in respect of the provision of the Goods and Services.
Delivery means the delivery of the Goods and Services in accordance with clause 6.
Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, epidemics, pandemics, embargoes, wars, labour or material shortages, riots, insurrections, defaults of our suppliers or subcontractors, delays in transportation, loss or damage to Goods in transit or instructions or lack of instructions from you.
GST and GST Law mean as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use by us in the production, development and supply of the Goods and Services to you.
Order means an order for Goods and Services received by us on our website or by email.
Payment means payment of any amount relating to Goods or Services in accordance with these Terms.
Samples means of our Goods.
Services mean services we provide from time to time including ceramic tile decoration.
Standards Australia means Standards Australia Limited (ABN 85 087 326 690) of 20 Bridge Street, Sydney, NSW 2000 (an independent, not-for-profit organisation, recognised by the Australian Government as the peak non-government standards body).