These supply terms govern the supply of Products by Vanity by Design (ABN 99 121 837 143) (“we,” “us,” “our”) to customers (“you,” “your”) who Order such Products from us.
Please read the terms carefully. Ordering Products from us indicates an acceptance of these terms.
These terms may be amended by us from time to time. Amendments take effect when the amended terms are published on our web site at www.vanitybydesign.com.au and will apply to Products purchased after that date.
In these terms:
“ACL” means the Australian Consumer Law.
“Business Day” means a day which is not a Saturday, Sunday or public holiday.
“Delivery Charge” means the delivery charge indicated by us at the time of your Order, or if no delivery charge was indicated, then our normal delivery charge for the Products.
“General Terms” means the General Product Supply Terms applicable to supply of Products.
“GST” has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“IP Rights” is an abbreviation for “intellectual property rights” and includes all copyright, patent rights, registered and unregistered trade mark rights, know-how, trade secrets and rights associated with confidential information, in any jurisdiction.
“Order” means your order for one or more Products using this site or an alternative order process acceptable to us such as a telephone or email Order. Orders are not binding on us until accepted by us.
“Price” means the price of the Products indicated by us on the Site at the time of your Order, or if no price was indicated, then our usual price for the Products from time to time. Prices are denominated in Australian dollars and exclude Taxes. Prices are not binding until an Order is accepted by us. We reserve the right to change Prices indicated on the Site from time to time, and to correct Prices indicated on the Site in error.
“Products” means the products you Order from us.
“Site” means the web site at www.vanitybydesign.com.au.
“Tax” includes any tax, duty or charge imposed by any competent authority, including any import duty on Products and any sales or value-added tax or charge on the Products or their supply.
“Warranty Period” means the warranty period applicable a Product as specified on the Site, or specified during the purchase process in respect of a Product. If no Warranty Period is specified in respect of a Product, the warranties are given at the time of delivery only.
In this agreement:
(a) a reference to:
|(i)||a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation; and|
|(ii)||a document means the document as novated, varied or replaced and despite any change in the identity of the parties;|
(b) if the date on or by which any act must be done under this agreement is not a Business Day, the act must be done on or by the next Business Day; and
(c) headings do not affect the interpretation of this agreement.
This agreement commences, in respect of particular Products, when you Order such Products from us, and continues until:
(a) you have paid the Price and Delivery Charge, and the Products have been delivered; or
(b) this agreement is otherwise cancelled or terminated in accordance with its terms.
You can place an Order using the Site or using an alternative order process acceptable to us such as a telephone or email Order.
If you are under 18, you must obtain your parent or guardian’s permission to place an Order, and we are entitled to assume you have done this.
An Order must specify a physical delivery address (not a PO Box or freight-forwarder). If the delivery address is not your address, you must obtain the consent of the addressee for delivery of an Order, and we are entitled to assume you have done this. You must confirm the correctness of the delivery address in your Order: we are not liable to you if you place an Order using incorrect delivery details.
You cannot cancel an Order after it is placed by you, except as permitted under this agreement.
Orders are not binding on us until accepted by us. We may accept or decline Orders at our discretion. An Order reference number is not acceptance of an Order. We will notify you when an Order is accepted by us.
We may place an Order on “hold” because of stock unavailability. If so, we will notify you, and you may elect to cancel or continue with the Order. If you continue with the Order, we may accept the Order when stock becomes available. If an Order is held for more than 5 business days, we may cancel the Order, and we will notify you in that case.
In return for supply of the Products, you must pay the Price and the Delivery Charge to us in accordance with this clause.
Prices and Delivery Charges indicated by us (on the Site or otherwise) are not binding until an Order is accepted by us. We reserve the right to correct Prices and Delivery Charges indicated in error. If a Price or Delivery Charge is corrected, we will advise you and you may continue to Order with the correct Price or Delivery Charge, or cancel your Order.
We may invoice and require payment on placement of an Order by you, or acceptance by us of an Order. Until payment for an Order is cleared, the Order will not progress to dispatch and delivery. Delay in payment may therefore delay delivery. We will contact you if a payment provided by you does not clear, to arrange an alternative payment method. We may cancel an Order if payment is not made within 20 Business Days after it is required by us.
You must make payments by Visa, Mastercard, PayPal, or an alternative payment method accepted by us. Unless otherwise agreed with us, the name of the credit card or Pay Pal account must be your name.
Subject to this agreement (including its payment terms), we will supply the Products to you.
You acknowledge that nominated Product sizes are approximate only, and that variations in manufacturing and finish can occur. You acknowledge that because of technical limitations and equipment variations, colours represented on the Site may differ slightly from the colour of Products supplied. Product specifications can also be changed without notice – in such circumstances we will endeavour to provide a closely comparable product, or otherwise provide a refund.
Products are supplied with English language installation and care information.
We will use our best endeavours to ensure that the Products are delivered in accordance with any delivery timeframe notified to you. If the goods are in stock, our goal is to dispatch your order within 24 hours after acceptance of your Order. If the goods are MTO (Made to Order) then dispatch will depend on the time noted on the inidividual product. Delivery timeframes are dependant on where the order is going and once your order has been dispatched you will be notified of an approximate delivery timeframe. However, deliveries are undertaken by contractors outside our control, and may be affected by such incidences, but not limited to, road flooding, truck breakdowns and/or import or customs procedures. We have no liability to you for delays in delivery.
We will deliver the Products to the delivery address specified in your Order. You must ensure an adult is present at that address to accept delivery (who may be required to sign for the delivery and to provide photo identification). We may leave the Products with any adult at that address who accepts delivery on your behalf. You are responsible for any additional costs or charges due to missed deliveries.
8. Product warranty
During the Warranty Period applicable to a Product, we warrant that the Product will be free from defects in materials and workmanship for a period of 12 months for marble tops and 5 years for cabinetry, We will also cover the installation and rectification work for a 12 month period from purchase date. A claim under this warranty must be notified to us in writing within the applicable Warranty Period.
In the case that we accept a claim under this warranty, we will, at our cost and at our discretion, repair or replace the faulty product or component, or credit the cost of the product or component. If the Product must be removed or replaced, we will also pay the costs of the removal or replacement to a maximum of $200 (including applicable Taxes).
We have no liability for loss or damage caused by the following:
|(a)||wear and tear through normal use;|
|(b)||use other than in a household or domestic environment;|
|(c)||use, cleaning, care and maintenance other than in accordance with instructions;|
|(d)||deliberate or accidental damage, abnormal use, misuse or neglect;|
|(e)||installation other than in accordance with installation instructions and statutory requirements;|
|(f)||where installation was not undertaken by a qualified tradesperson;|
|(g)||surface damage to baths discovered after installation (baths should always be inspected for surface damage before installation); nor|
|(h)||water damage of bathroom cabinets, taking into account that cabinets are manufactured from water-resistant materials but are not waterproof, and that spillage or leakage of water must be immediately dried.|
9. Defects and returns
You must check Products immediately on delivery to confirm they are correct in type and quantity, and not defective or damaged. You must contact us within 7 days after delivery if you claim that Products are incorrect, missing, defective or damaged.
When you contact us, we will discuss your concerns with you, and:
|(a)||arrange for delivery of Products which were Ordered but missing from a delivery;|
|(b)||advise you in relation to rectification of defects, which may (depending on the nature of the Product and the defect) involve repair or replacement of the Product, and whether repair will take place at your location, require return to us, or occur at another location.|
If, following discussion with us, you need to return a Product to us, you must return the Product in brand-new condition, unused and with original tags and packaging. You must include a written description of the reason for the return. You must bear the cost of returning the Product to us, and we will bear the cost of returning a Product replaced or repaired under warranty to you.
You cannot return non-defective Products or cancel an Order if you have simply changed you mind.
10. Australian Consumer Law
These Supply Terms do not affect your statutory rights as a consumer under the ACL. However, our liability for failure to comply with any guarantee required under the ACL is limited (where it would be lawful to do so) to replacement or repair of the Product concerned, or payment of the cost of such replacement or repair.
We exclude all representations and warranties except those stated in clause 8. In particular, we do not represent or warrant that the Products are suitable for your specific requirements.
Neither party is liable to the other, whether in contract, negligence or otherwise, for any consequential or indirect loss arising out of or in connection with this agreement or the Products, including for lost revenue, sales or profits, lost access or productivity, interference with privacy, business interruption, or any special or incidental loss. This exclusion applies even if a party knew or should have known that the other party might suffer loss.
Without limiting this clause, if we are liable to you for any reason, our total aggregate liability to you in respect of the Products is limited to the amounts actually paid by you to us under this agreement in respect of those Products.
12. Risk and title
Risk of loss or damage to Products will pass to you when the Products are delivered to you.
If you have paid the Price and the Delivery Charge for the Products when delivered, then title in the Products also passes on delivery. However, if you have not paid those amounts in full, then title in the Products does not pass until you have paid them, and you must not do anything in relation to the Products inconsistent with that reservation of title.
13. Events beyond a party’s control
If a party’s performance of this agreement (other than a payment obligation) is affected or delayed by an event beyond its reasonable control, that party will not be liable to the other party to the extent its performance is affected by the event.
The affected party must promptly notify the other party of the event and must use its reasonable endeavours to mitigate the effects of the event as soon as practicable.
However, if such an event materially affects the supply or delivery of an Order, we may cancel such an Order at any time prior to delivery. In that case, we will refund any payment made by you in respect of that Order, but we will not have any liability to you in respect of our cancellation of the Order.
14. IP Rights and Confidentiality
As between the parties, we own and will continue to own any IP Rights in the Products. No IP Rights in the Products are transferred under this agreement.
A party may terminate this agreement immediately by written notice to the other party if:
|(a)||the other party is or becomes bankrupt or insolvent, an external administrator is appointed to the other party, or the other party becomes subject to an order for its winding-up or dissolution;|
|(b)||the other party breaches a material term of this agreement, and that breach is incapable of remedy; or|
|(c)||the other party breaches this agreement and the breach is not remedied by that party within 20 Business Days after that party receives from the first party notice of the breach and a demand that it be remedied.|
Termination of this agreement does not affect the rights and obligations of the parties which arose before the effective date of termination. In particular, we may invoice, and you must pay, the Price for any Products delivered by us.
16. Taxes and customs clearance
Unless otherwise stated, the Price and Delivery Charge are expressed inclusive of Taxes.
Unless otherwise stated, the Price and Delivery Charges are expressed inclusive of GST.
Our invoices for a supply under this agreement will be valid tax invoices and you must pay us an amount equal to the GST payable on the supply, at the same time as the payment for the supply.
18. Lowest Price Guarantee
We guarantee that if within fourteen (14) days of the invoice date, you can demonstrate that you could have purchased the identical product from another supplier at a lower price, we will refund you 200% of the price difference.
To be eligible for the Lowest Price Guarantee, you must provide Vanity by Design with evidence of any genuine competitor’s advertised price for the identical product(s). The identical product must be a lower price than the price you actually paid for the product from Vanity by Design.
Clauses 1, 2, 8, 10, 11, 13, 14, 16, 17 and 18 survive the termination or expiry of this agreement.
This agreement is governed by the law of Queensland, Australia. Each party submits to the jurisdiction of the courts of Queensland, and the courts of appeal from those courts.
This agreement contains the entire understanding between the parties as to its subject matter. Any prior negotiations, representations or documents concerning the subject matter of this agreement are superseded by this agreement and are of no effect.
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