Section 1

OVERVIEW

This website is operated by Artmar Tile and Stone. Throughout the site, the terms “we”, “us” and “our” refer to Artmar Tile and Stone. Artmar Tile and Stone 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.




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



Stock level and prices for our products are subject to change without notice. Some products displayed on website may take 1-12 weeks lead time for delivery.  

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Please call us before placing an order. 

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 Artmar Tile and Stone, 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 Artmar Tile and Stone 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 Australia.



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 
Contact us page.

 

Users of this website, which is operated by Artmar Tile and Stone ("Artmar" ), are requested to abide by the terms and conditions of use set forth herein. By using this website, you will be deemed to have accepted these terms and conditions.

Artmar reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes. 

Section 2

NEW PORPOSED T&C (2016)

1. These terms and conditions apply in every contract for the supply of goods by Artmar Tile and Stone (“Artmar”) and can only be varied in writing signed by Artmar and the buyer of the goods (the customer).  Each sales contract issued by Artmar following verbal or written orders or confirmations shall create a contract between Artmar and the Customer which shall include these terms and conditions.

2. All prices are in AUD and exclude GST.

3. The prices exclude delivery charges otherwise stated.

4. 0.5mm size differences in tiles/pavers are allowed.

5. Payment is strictly COD unless the Customer has set up an account with Artmar. The customer grants an irrevocable licence to Artmar, until the price of the goods supplied shall have been fully paid, to enter the customer’s premises and take any reasonable actions to recover and re take possession of any such goods.  If a customer defaults in the payment of the price, or becomes insolvent, or in the case of a corporation a manager, receiver or administrator is appointed in respect of the customer then Artmar may suspend further deliveries of goods and the customer shall taken to have repudiated every contract with Artmar and Artmar shall thereafter be under no liability under any such contract. Any such determination, suspension, deeming of such repudiation or demand shall be without prejudice to any other remedy available to Artmar.

6. Cheque payments require a 5 working day, electronic payments require a 2 working day clearance period and must reflect in the Bank of Artmar Tile and Stone prior to dispatch/delivery/collection of the goods.

7. The Property in the goods does not pass to the customer until Artmar has received full payment for the goods and is paid in full all other monies owing or unpaid by the Customer including monies owed in respect of goods previously or subsequently supplied to the Customer by Artmar. The Customer acknowledges that until full payment has been made the goods are in the possession of the customer as bailee for Artmar. The customer must store the goods separately so that they are clearly identifiable. Artmar licences the Customer to sell the goods in the ordinary course of the customer’s business on the condition that:-

(a) the proceeds of sale are received by the Customer and held on trust for Artmar and until payment is made to Artmar

(b) The customer is expressly prohibited from creating any form of encumbrance adverse to Artmar’s property in the goods.

8. If goods being delivered is not accepted by the purchaser for any reason whatsoever, the cost of the re-delivery will be for the purchasers account and will be payable in full prior to re-delivery.  The customer must check the goods as soon as they are delivered. If the customer uses the goods in any way including without limitation, opening them or processing them or on selling them the Customer shall be deemed to have accepted that the goods conform to the relevant order and are fit for the purpose for which they are intended. 

9. Under no circumstances shall the purchaser have any claim of any nature whatsoever against Artmar Tile and Stone arising from late delivery.

10. A minimum of 24 hours notice is to be given in writing for goods being collected, Artmar reserves the right to refuse dispatch of goods for any unscheduled attempts to collect goods.

11. Artmar does not accept goods returns unless agreed to in writing by Artmar and in the sole discretion of Artmar. Any claims related to the goods must be made within 2 days (for New South Wales) and 7 days (for other than New South Wales) of delivery.  All claims not made within 2 days  (subject to any statute to the contrary) are deemed to have been waived. 

12. From the date of payment of goods Artmar offer a 30 day grace period for collection. Beyond the 30 days storage and handling fees will be applied at the rate of $15 per week for each crate stored by Artmar. This must be paid in full prior to collection of goods. 

13. Should there be any disputes between the purchaser and Artmar in respect of the nature, quality, or quantity of any goods supplied or services rendered, Artmar rights to receive payment from the purchaser will not be affected in any way whatsoever, nor will it give anyone the right to set-off or counterclaim against Artmar.

14. By receiving this document it is agreed, understood and accepted that Travertine, Marble, Limestone and Sandstone is a product of nature and that no two pieces will be identical by means of characteristics and appearance and 5% breakage, chips and hair cracks is allowed due to the nature of the stone.

15. By receiving this document it is agreed, understood and accepted that Artmar will not accept any claim of any nature whatsoever or any liability of any nature whatsoever once the tiles have been installed and that the goods are sold without any warranties or representations whatsoever.

16. The purchaser hereby indemnifies Artmar against any claim or liability of any nature whatsoever.

17. By receiving this document the purchaser confirms that the necessary information about Artmar products has been presented, fully explained, understood and accepted by him or her.

18. This agreement and every contract for the supply of goods entered into between Artmar and the customer shall be governed by the laws of New South Wales. If any Court or competent authority declares that any part of these terms of conditions is void or unenforceable or if these terms and conditions would, if any part were not omitted, be unenforceable than that part will, without in any way affecting the enforceability of the remainder of these terms and conditions, be severable and these terms and conditions will then be construed as if that part had not been contained in them.

Users of this website, which is operated by Artmar Tile and Stone ("Artmar" ), are requested to abide by the terms and conditions of use set forth herein. By using this website, you will be deemed to have accepted these terms and conditions.

Artmar reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.