Terms and Conditions
Upon placing an Order with InStyle Ceramics, these Terms & Conditions are applicable.
Definitions:
a) Buyer and You means the purchaser of the Goods, whose details are set out in the Order/Invoice.
b) Goods means the products and, if any, services specified in the Order/Invoice.
c) Order means an order made between the Buyer and InStyle Ceramics for Goods as set out in the Order/Invoice.
General: No variation, modification, or substitution of these Conditions of Sale shall be binding unless agreed to by InStyle Ceramics in writing. All express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statue, common law, or otherwise), relating to these Conditions of Sale that are not contained in it, are excluded to the fullest extent permitted by law.
Risk and Title: Risk in each order passes to the Buyer upon collection or delivery of the Goods by the Buyer, their agent or courier as the case may be. InStyle Ceramics reserves all rights in relation to the Goods until all accounts owed by the Buyer have been paid to InStyle Ceramics. These are rights including, but not limited to: (a) the ownership of the Goods;(b) entering the Buyer’s premises (or the premises of any associated company or agent where the goods in question are located) without liability for trespass or any resulting damage and retake possession of the goods; and subject to; (c) subject to and in accordance with, the Personal Property Securities Act 2009, to keep or resell any Goods repossessed.
Deposits: Any and all deposits are non-refundable. An appropriate deposit is required to secure stock and pricing.
Discontinued/clearance lines, end of batch, damaged stock or Special Order In: Require a 100% non-refundable deposit and are sold as is.
Promotional sales: are valid for the specified promotional period only.
Orders: InStyle Ceramics reserves the right to accept or reject in whole or in part any Order made. Prices provided are inclusive of GST unless otherwise stated. Quantities ordered will be rounded up to the nearest full box.
Goods Required Date: The balance of the order must be received and accepted before release of the goods from our warehouse can occur. Please allow 5 business days from the date of call down/release from our warehouse for the stock to arrive at our Norma Road premises for collection or delivery out to you.
Delivery of Orders: InStyle Ceramics will use reasonable efforts to deliver the goods by the date and place specified to you, however, delivery dates are estimates only. Any delay does not give you the right to cancel an order or to terminate these Conditions of Sale. InStyle Ceramics is not liable for any failure to provide goods due to transportation or shipping delays or any other circumstances that are beyond InStyle Ceramics’ control. If you fail to take delivery of Goods provided by InStyle Ceramics and pursuant to an Order, InStyle Ceramics reserves the right to charge you a restocking fee of 20% of the value of that Order.
Acceptance of Goods: Prior to installation, use, or modification, the Buyer must ensure the Goods are correct as ordered, suitable for use, and free from defect. If there are any issues, you must report this to InStyle Ceramics within 7 days of receipt of the Goods. If the Buyer fails to give such notice to InStyle Ceramics within that time, the Goods shall be deemed to be in all respects in accordance with the Order and the Buyer is responsible to accept and pay for same. InStyle Ceramics will not be responsible for any size or colour variation once the tile has been laid, attached or otherwise incorporated into any real or personal property. InStyle Ceramics provides no guarantee or advice for installation, fixing, grouting or maintenance/cleaning of the Goods. It is the responsibility of the Buyer to find an experienced tiler and InStyle Ceramics is not responsible for the Goods after installation. No Goods are guaranteed against chipping, crazing, hazing and wearing unless confirmed in writing by InStyle Ceramics.
Shortage: The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with InStyle Ceramics within 7 days from the date of receipt of the Goods by the Buyer.
Picking Up Orders: When collecting your Order, it is important to provide adequate transport, capable of carrying the full weight of the whole order. Staff can provide weight details at time of ordering. For orders over 15m2 either a trailer or utility vehicle will be necessary. Please check the load capacity of your vehicle and provide your own tie-down straps. InStyle Ceramics will accept no responsibility for damage/other to vehicles that are overloaded. Due to Work, Health & Safety regulations, tiles packed onto pallets cannot be hand loaded into your car. Tiles cannot be split loaded. InStyle Ceramics is not responsible for the goods once they are picked up from Selby Street Warehouse or our Showroom/Trade Centre premises either by you or a third-party courier service. InStyle Ceramics do not recommend organising your own third-party courier services and take no responsibility for late deliveries or Goods damaged in transit when same are used. It is the responsibility of the customer to take necessary care to ensure their Goods for late delivery or damaged Goods.
Deliveries: InStyle Ceramics’ contracted delivery service includes pallet drop off with a forklift into a garage or other easily accessible area. Only ground floor deliveries are made. Hand unload may be approved in limited cases. Due to the high volume of deliveries per day InStyle Ceramics is unable to give you an exact delivery time. However, upon request our delivery team will contact you 1 hour prior to the Goods being delivered. Where goods are delivered to a building site or any other point specified by the buyer, the goods are at the risk of the buyer from the time of leaving our store, while in transit and upon delivery and whether or not any receipt for delivery is given/acquired.
Cancellation of Order: InStyle Ceramics may cancel any order which it cannot fulfil for any reason.
Returns / Credits: No change of mind returns will be accepted. A 20% handling charge will apply to all accepted returns. No returns will be accepted > 30 days from the date of receipt of the Goods by the Buyer, OR if the batch/shade is no longer current. Returns will only be accepted as full boxes that are undamaged & in saleable condition. Mosaic/Décor tiles sold ‘Per Piece’ are accepted as such. Sale items, discontinued/clearance lines, non-stocked items, and special ordered tiles are not refundable.