Terms and Conditions

OVERVIEW

This website is operated by Good Buy Tiles. Throughout the site, the terms “we”, “us” and “our” refer to Good Buy Tiles. Good Buy 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 (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. 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.

Our store is hosted on Good Buy Tiles. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – 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.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – 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. In the event that 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.

For more detail, please review our Returns Policy.

SECTION 7 – 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.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – 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.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Good Buy Tiles, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Good Buy Tiles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – 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.

SECTION 18 – 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 laws of 10 Roussell road, Eastern Creek NSW 2766.

SECTION 19 – 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.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@goodbuytiles.com.au.

TERMS AND CONDITIONS OF SALE
Trend Tile Pty Limited trading as Good Buy Tiles and Good Buy Clearance Tiles ACN 108 565 902 (“Good Buy Tiles”)

1. Interpretation

The supply of goods by Good Buy Tiles to any customer of Good Buy Tiles (“Customer”) is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.

In the interpretation of these Terms and Conditions:

(a)   References to legislation or provisions of legislation include changes or re- enactments of the legislation and statutory instruments and regulations issued under the legislation;

(b)   Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders; and

(c)   Grammatical forms of defined words or phrases have corresponding

2. Exclusivity and Restraint

Neither the Customer nor Good Buy Tiles are required to deal with each other on an exclusive basis in relation to any goods supplied by Good Buy Tiles.

3. Title and Risk

(a)   The title to goods will pass to the Customer on payment following delivery.

(b)   Notwithstanding any other clause in these Terms and Conditions, the liability of Good Buy Tiles in relation to any loss incurred by the Customer and its clients in connection with the supply of the goods to the Customer is limited to the lesser of:

• • replacing the goods;

  • an amount equal to the purchase price paid by the Customer to Good Buy Tiles for the goods; or

  • where Good Buy Tiles is indemnified for such liability under any insurance policy, an amount equal to the amount received by Good Buy Tiles under that insurance policy or as required under Consumer law in the jurisdiction of New South Wales.

4. Warranties 

(a)   To the maximum extent permitted by law, Good Buy Tiles expressly excludes all warranties, conditions and representations, whether express or implied, unless otherwise set out in these Terms and

(b)   The Customer must satisfy themselves as to the fitness for purpose, suitability and quality of the goods. Good Buy Tiles gives no warranty as to the fitness for purpose, suitability or quality of the goods.

(c)   The Customer may not delay payment of any invoice payable to Good Buy Tiles nor make any requisition, objection or claim for compensation nor have any right of rescission or compensation in relation to any matter or dispute in relation to clause 4(b).

(d)   The Customer acknowledges the price and availability of the goods are subject to change without notice.

5. Performance

Good Buy Tiles will carry out its obligations hereunder in a proper and workmanlike manner according to industry best practice and will follow any special conditions as agreed between the parties from time to time.

6. Invoicing and Payment

(a)   Good Buy Tiles will submit to the Customer a valid tax invoice with all relevant records to enable the Customer to verify the amount payable including any other information or documents reasonably required by the Customer.

(b)   The Customer will pay Good Buy Tiles’s tax invoices on their due date as set out in such tax

(c)   The Customer must pay Good Buy Tiles for the Goods by either letters of credit or electronic funds

7. Records and Audit 

Good Buy Tiles will create and maintain proper, complete and accurate records relating to the goods provided to the Customer under these Terms and Conditions and provide copies the Customer on request.

8. Delivery 

(a)   Good Buy Tiles will supply the goods to the Customer at the place and at the time set out in the customer

(b)   Good Buy Tiles will obtain signed confirmation of each delivery by the Customer’s

(c)   If the goods cannot be supplied on the delivery date as agreed between the parties, Good Buy Tiles must notify the Customer in writing and present a revised schedule for the delivery.

(d)   The Customer agrees that, unless expressly set out in any customer order, the price of the goods as set out in any customer order does not include delivery, installation or configuration.

(e)   If the Customer engages Good Buy Tiles to install or configure any goods, the Customer agrees:

• • Good Buy Tiles may charge to the Customer an installation fee and a configuration fee;

  • if, during installation or configuration, Good Buy Tiles or the Customer encounters physical or practical conditions that were not reasonably anticipated by Good Buy  Tiles, Good Buy Tiles may amend any installation fee or configuration fee payable by the Customer;

  • Good Buy Tiles will require the installation or configuration location to be compliant with all government health and safety regulations including those related to asbestos and may require the Customer to provide to Good Buy Tiles the findings of any asbestos-related audit in relation to the installation or configuration of the goods or such location.

(f)   The Customer acknowledges and agrees that they do not rely on any representation of Good Buy Tiles or any of it’s servants or agents as to the method of laying or fixing the goods or the intended use of the goods by the Customer.

(g)   For the purposes of this clause 8, “Force Majeure Event” means any event caused by events beyond the control of Good Buy Tiles including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, manufacturer production changes, shortages of or inability to obtain shipping space or land

(h)   Should any delay in delivery of the goods be caused by any Force Majeure Event, the delivery time must be extended by a period which is reasonable taking due regard to the circumstances as advised by Good Buy Tiles.

9. Inspection

(a)   The Customer acknowledges and agrees that some goods supplied by Good Buy Tiles including but not limited to marble, granite, terracotta and some ceramic tile goods are or comprise of natural stones subject to variation in colour, pattern, texture and size and the Customer agrees that any sample exhibited or displayed by Good Buy Tiles is only a representation of the general nature of the goods.

(b)   Whilst Good Buy Tiles will use its best endeavours to ensure all goods match samples or specifications requested by the Customer, the Customer agrees that no guarantee is available to that effect and reasonable variations in the goods can be

(c)   The Customer has a reasonable time to inspect the goods and acknowledge receipt of the goods as being of good condition and quality prior to acceptance of delivery, as no claims for replacement or compensation may be brought by the Customer after the goods have been laid or fixed for any reason including but not limited to:

• • any variations, including but not limited to the matching of colour, shade, pattern, texture and size of the goods;

  • any defects of the goods; or

  • any damaged of the goods

(d)   Good Buy Tiles may from time to time supply goods bearing defects or significant variations at a special price (“Second Goods”). The Customer has a reasonable time to inspect the Second Goods and acknowledges and accepts any defect or variation, and that goods are sold on an ‘as is’ basis.

10. Returns

(a)   Subject to clause 9 and in accordance with the Australian Consumer Law, the Customer may request a refund or replacement of any good that:

• • is defective;

  • is unsafe;

  • is significantly different from the sample or description; or

  • doesn’t do what Good Buy Tiles said it would do, or what the Customer expressly requested to Good Buy Tiles and cannot be remedied by Good Buy Tiles within 10 business days.

(b)   Good Buy Tiles may, at its absolute discretion, accept a request from the Customer to refund or replace the goods for a reason not set out in clause 10(a).

(c)   If Good Buy Tiles accepts a request from the Customer to refund or replace the goods in accordance with clause 10(b), the Customer must pay to Good Buy Tiles a re-stocking fee of 30% of the total value of the refunded or replaced

(d)   Good Buy Tiles will not accept a request from the Customer to refund or replace any Second Goods under clause 10(a) if such return or refund is claimed on the basis of any defect or variation known or reasonably ought to be known to the Customer upon purchase.

11. Termination

(a)   These Terms and Conditions expire and come to an end on completion of the supply of goods under these Terms and

(b)   If Good Buy Tiles is in breach of these Terms and Conditions, the Customer must provide a written notice to Good Buy Tiles specifying the breach and requiring Good Buy Tiles to remedy the breach within 30 days.

(c)   The expiry or termination of these Terms and Conditions for any reason will be without prejudice to any rights or liabilities of the parties which have accrued prior to the date of expiry or termination.

12. Confidentiality 

Any information provided by Good Buy Tiles in connection with the supply of the goods to the Customer is confidential and the parties must treat this information confidentially. They must not, and must ensure that any person who with approval receives the information does not, disclose any of the information in any form to anyone else or use any of the information for any purpose not approved by Good Buy Tiles.

13. Entire Terms and Conditions

These Terms and Conditions are the entire terms and conditions of supply of the goods to the Customer, and supersede any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in these Terms and Conditions.

14. Amendment

Good Buy Tiles may vary or amend these Terms and Conditions at any time and is not required to provide notice of such variation or amendment to the Customer not required by law.

15. Dispute resolution

If a dispute arises between Good Buy Tiles and any Customer, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:

(a)   Notification

The complainant must inform the respondent in writing of the following:

• • The nature of the dispute;

  • The outcome the complainant desires, and

  • The action the complainant believes will settle the

(b)   Endeavour to resolve dispute

On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.

(c)    Survival of this clause

This clause survives termination of these Terms and Conditions.

16. Waiver and amendments

Any waiver by any party to a breach of these Terms and Conditions shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

17. Events beyond control

Good Buy Tiles shall not be liable to the Customer for any loss caused by any failure to observe these Terms and Conditions, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.

18. Notices 

A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

(a)   Delivered personally; or

(b)   Posted to their address when it will be treated as having been received on the second business day after posting; or

(c)   Faxed to their facsimile number when it will be treated as received when it is transmitted; or

(d)   Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.