Terms & Conditions
The following Terms & Conditions are incorporated into and form part of any contract (the ‘Contract’) between J&D Tsoupis Family Trust (the ‘Company’) and the client (the ‘Customer’). These terms and conditions apply to all transactions between the Company and the Customer unless agreed upon in writing.
Website Terms of Use
Your Agreement
By using this website the Customer has agreed to the following terms of use. Please note the Company may change the terms of use at any time. If a change is made, the next time you use this website will mean you agree to the amended terms of use.
Information & Services
The Company updates the website regularly, however, the Company makes no representation as to the accuracy, currency or completeness of any information or services on the website. All information and services are provided on the basis that the Customer will undertake the responsibility for assessing the information at their own risk.
Online Promotions & Giveaways
The Company reserves the right to go on sale, run promotions or giveaways at any time without notice. Prices, promotions and giveaways promoted online may not apply in-store and vice versa. Promotional prices will only be honoured during the sale period.
By entering any giveaways run by the Company (@amalfi.tiles) you agree to be bound by the following terms:
All entries must follow the instructions that are detailed on the giveaway post on Instagram and Facebook.
The winner will be notified on or after the date (as specified on the giveaway post on the Company Instagram and Facebook accounts)
Giveaways are open only to residents of Australia.
One (1) winner will be chosen at random from all entrants across all platforms.
Entrants must be 18-years old on the date of their entry.
Instagram and Facebook are in no way affiliated or involved in the competition.
No purchase necessary. Entrants and winners are not required to pay in order to participate in any competitions or giveaways.
Delivery of giveaway prizes is not included as part of the giveaway promotion. Winners must organise and pay for their own pick-up or delivery of the prize from the Company warehouse.
Outages
The Company reserves the right to cease, interrupt or withdraw access to the website for any reason, including, without limitation, for upgrades and maintenance of the site.
Third Party Links
This website may contain links to other websites which we do not control, so we’re not responsible for the content of those websites. Although we would typically approve of the content contained in those links, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. Those links are provided for convenience only and may not remain current and you use them entirely at your own risk.
Indemnity
We rely on you to comply with these terms of use, so if we suffer loss or damage or incur any costs because you breach these terms, you agree to indemnify us for those losses, damages and costs. You also indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of the website.
You should seek independent advice before acting on any material or information contained in this website or any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the website.
Limitation of Liability
The Company does not warrant or guarantee:
The accuracy or completeness of any information available on the website;
that access to the website will be uninterrupted or error free;
that any defects will be corrected immediately; or
that the website will be free from viruses or other contamination.
except where prohibited by law, the Company will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the website, including use of any information on it. You use the internet and the website at your own risk.
Applicable Law
These terms of use are governed by New South Wales law and if there’s a dispute concerning these terms of use, the courts in New South Wales will determine the outcome.
Terms & Conditions of Sale
Definitions
‘Company’ means J&D Tsoupis Holdings Pty Ltd (trading as ‘Amalfi Tiles);
‘Customer’ means the party or parties who are entering into the contract with the Company;
‘Goods’ means any tile or tile related products, including custom products and finishes, tap ware, vanities, mirror cabinets, homewares, extending to bathroomware and products such as tools, adhesives, grouts and any and all other ancillary or associated products supplied by the Company to the Customer and further extending to the supply of tools or equipment on a hire-charge basis;
‘Terms’ means these terms and conditions.
1. Contract
1.1 The Contract and these Terms constitute the entire agreement between the Company and the Customer. All prior negotiations, representations, understandings, arrangements and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.
1.2 The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any), unless the Company agrees in writing to be bound by the Customer’s terms and conditions or any of them.
1.3 To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that the Company otherwise agrees in writing.
2. Prices
2.1 The price for the supply of Goods will be specified in the Sales Quote, Sales Order, Invoice or account issued by the Company to the Customer.
2.2 Unless otherwise stated, the price for the supply of any tiles by the Company will be on a per square metre basis.
2.3 The Company may increase the price of Goods at any time.
2.4 Sales Quote prices are only valid for 30-days.
2.4 Unless otherwise stated:
2.4.1 the price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST’); and
2.4.2 the Customer will be required to pay to the Company an amount equal to the GST (which will be included in the invoice or account issued) in addition to the price or any relevant other amount.
3. Delivery
3.1 The Customer will, unless the Company and the Customer otherwise agree, bear the cost of delivery of the Goods.
3.2 The Company will make all reasonable efforts to have Goods delivered to the Customer by the date agreed between the parties, but the Company will not be liable for:
3.2.1 any failure to deliver, or delay in delivery, of Goods;
3.2.2 any damage or loss due to unloading or packaging of Goods; and
3.2.3 any damage to property caused upon entering premises to deliver the Goods.
3.3 The Sales Invoice must be paid in full prior to the pick-up or delivery of goods by the Customer.
3.4 Upon delivery or collection and prior to laying, installation or use of any Goods, the Customer will inspect the Goods as appropriate as to the type, quantity, quality, aesthetics, appearance, shade, colours, layout patterns, suitability of purpose and any other characteristic of the Goods.
3.5 If any Goods are damaged, wrongly supplied or not in accordance with the Contract, the Customer may return those Goods in accordance with clause 5.
3.6 The Customer will be deemed to have accepted delivery of the Goods in the following events:
3.6.1 failure by the Customer to return Goods in accordance with clause 5; or
3.6.2 laying, installation or use of the Goods in any way by the Customer.
3.7 The Customer will indemnify the Company against any losses, costs or expenses incurred by the Company due to any failure by the Customer to accept the Goods at the time of delivery or collection.
3.8 The Customer must be on-site or have a site contact on-site at the time of the delivery. If nobody is there to receive the goods, the delivery may not be fulfilled and the Customer will be charged a rebooking fee.
4. Characteristics of Goods
4.1 The Customer acknowledges that Goods, which are tiles, supplied by the Company may contain, display or be subject to any one or more of the following characteristics:
4.1.1 crazing, spots, specks and blemishes;
4.1.2 variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and finish, and may fade or change colour over time; and
4.1.3 optical effects such as hazing or smudging at varying light sources and at differing angles.
4.2 The Customer acknowledges that Goods which contain, display or are subject to any one or more of the characteristics referred to in clause 5.1 are not defective or of unacceptable quality by reason of any of those characteristics.
4.3 The products supplied to the Customer by the Company are as specified in the invoice.
4.4 The Customer is responsible for providing the correct product quantities to the Company. The products specified on the Sales Quote and/or Sales Order must be verified by the customer before payment is made to the Company.
5. Return of Goods
5.1 The Customer may reject and return Goods to the Company provided that:
5.1.1 the Goods are damaged, wrongly supplied, defective or not in accordance with the Contract;
5.1.2 the Goods are returned within seven (7) days of the date of the invoice or account issued by the Company to the Customer in respect of those Goods;
5.1.3 the Customer notifies the Company of the invoice or account number in respect of the Goods to be returned;
5.1.4 the Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with all packaging and instruction material; and
5.1.5 the Goods are in as new condition as is reasonably possible, and are from current stock held in store by the Company and, if applicable, matching current stock shade.
5.2 All Goods returned by the Customer are subject to assessment by the Company, and the Company may, if permitted by the Australian Consumer Law or any other law, refuse to accept the return of the Goods at its sole discretion.
5.3 Unless the Company and the Customer otherwise agree in writing, the Customer will bear the costs of delivery when returning any Goods.
5.4 Subject to the Customer’s rights under the Australian Consumer Law, the following Goods cannot be returned by the Customer to the Company under any circumstances:
5.4.1 those that were specially made, sourced, ordered or purchased for the Customer;
5.4.2 those that were used, installed, laid, damaged or altered in any way by the Customer;
5.4.3 those that were sold to the Customer at wholesale or discounted prices, or as second grade or quality; or
5.4.4 those that are no longer in stock in store by the Company or have been discontinued.
5.5 Goods returned in accordance with this clause will be subject to a restocking fee. The restocking fee will be 25% of the price (plus GST) agreed in the Contract for the relevant Goods.
6. Payment
6.1 Unless the Customer is a Commercial Credit Trade Account Customer and the Company agrees in writing for the Customer to pay for Goods on the Customer’s Commercial Credit Trade Account, the Customer will pay for the Goods before the time specified by the Company for delivery or collection of the Goods.
6.2 The Customer must pay for the Goods in cash, by cheque (for authorised Customers only), by credit card (excluding Diners Club) or by any other method of payment specified by the Company.
6.3 Payment is only received by the Company when it receives cash or when the proceeds of other methods of payment are credited and cleared to bank account.
6.4 The Customer may not assert or exercise any right of set-off against monies payable by it to the Company.
6.5 The Company may charge interest on amounts which remain unpaid for more than 14 calendar days. The interest rate will be seven percentage points above the cash rate target announced by the Reserve Bank of Australia from time to time. That interest will accrue and be recoverable from day to day.
7. Limitation of Liability
7.1 If under the Australian Consumer Law or any other law any terms which apply to the sale of Goods under the Contract cannot be legally excluded, restricted or modified then those terms apply only to the extent required by law.
7.2 All terms, which would otherwise be implied by law or otherwise, are excluded except as stated in these Terms.
7.3 To the extent permitted by law, the Company’s liability for any breach of the terms of the Contract, and any condition or warranty implied by the provisions of the Australian Consumer Law, is limited to and will be completely discharged by any one of the following as determined by the Company in its absolute discretion:
7.3.1 the replacement of the Goods or the supply of equivalent Goods;
7.3.2 the repair of the Goods;
7.3.3 the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
7.3.4 the payment of the cost of having the Goods repaired.
7.4 Except as expressly provided in this clause and to the extent permitted by law, the Company is not liable to the Customer (and any party claiming through the Customer) for:
7.4.1 any claim made after laying, installation or use of the Goods;
7.4.2 any claim made with respect to or in connection with any of the matters referred to in clause 5;
7.4.3 any claim made under, or in connection with, the Contract, in tort, under statute, in equity or otherwise in respect of any defects whatsoever in Goods for the loss or damage to person or property arising from or caused from such defects; and
7.4.4 any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods where indirect, special or consequential loss or damage’ includes:
(a) any loss of income, profit or business; or
(b) any loss of goodwill or reputation.
8. Indemnity
The Customer will indemnify and keep indemnified and hold the Company harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by the Company, and from and against all actions, proceedings, claims or demands made against the Company, arising from one or more of the following:
8.1 the Customer’s failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Goods or the use of the Goods; and
8.2 any negligence or breach of duty by the Customer and its employees, agents or contractors in relation to the Goods or the use of the Goods.
9. General
9.1 The Contract and these Terms are governed by the laws of the Commonwealth of Australia and the State or Territory in which Goods are supplied to the Customer and the parties submit to the jurisdiction of the courts of the Commonwealth of Australia and the courts or tribunals of the applicable/relevant State or Territory, with any proceedings to be issued out of a court or tribunal of competent jurisdiction in or nearest to the capital of such State or Territory.
9.2 The rights and obligations of the parties will not merge on completion of any transaction under the Contract and these Terms or upon the execution of any other document in connection with the subject matter of the Contract and the Terms.
9.3 All rights under the Contract and these Terms are in addition to and do not abrogate, limit or reduce any other rights that the Company may have.
9.4 Any provision of the Contract and these Terms that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from the Contract and these Terms but only to the extent necessary to avoid that effect. All other provisions of the Terms continue to be valid and enforceable.
9.5 Unless otherwise specified, time is of the essence in the Contract.
9.6 The Company may vary the Terms with reasonable notice to the Customer.
9.7 A right or obligation under the Contract and these Terms cannot be waived except by a document executed by the party waiving that right or obligation and specifying the waiver.