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Terms & Conditions TERMS OF USE AND SALE 1. ACCESS 1.2 Access to the Online Shop is also conditional upon your acceptance, without alteration, of our privacy policy as may be amended from time to time and posted on the Alloydesign.com.au website. 1.3 By accessing, or continuing to access this Online Shop, you are agreeing to be bound by these Terms and acknowledge and agree to be bound by the terms of our privacy policy. 2. USE OF THIS online shop and its contents 2.2 Notwithstanding the restrictions on use of the Content on this Online Shop in clause 2.1, you may download material from the Online Shop for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material. 2.3 You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Online Shop or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or individual users. You may not use any software, device, or manual process to monitor or copy this Online Shop or the Content without our prior written permission. Any unauthorised use of this Online Shop or its Content is prohibited. All rights are reserved. 2.4 You may not modify or copy: 3. HOW OUR ONLINE SERVICE WORKS The Online Shop You may place your order online at any time of the day you wish. We hope you enjoy your shopping experience with us. Secured by 128-bit Secure Sockets Layer (SSL) encryption. Add the items to your cart, select check out, and then follow the prompts to enter your shipping details, payment information, and any comments. Phone: 02 9565 2422 (within Australia) and +61 2 9565 2422 (International) if you require assistance, our business hours are 9am - 5pm EST, Monday to Friday. Fax or Mail: Click here for an order form. Registration 3.2 To use some of the services or features made available to you on this site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please You may also want to view our Privacy Policy. 3.3 You can register as a shopper with alloydesign.com.au to benefit from faster repeat ordering from our site, as well as regular updates on news and special promotions from ALLOY. Hours of Operation The Shopping Process 3.6 When you decide to buy something, simply click on ‘BUY THIS PRODUCT’. While you continue shopping you can click on ‘MY ORDER’ link at any time to view the contents of your shopping cart. If you have a specific request or require further information, please All items are subject to availability. Placing your Order 3.8 All orders placed by you are subject to acceptance by us and we will confirm such acceptance to you by e-mail. If we are unable to accept your order, we will contact you promptly by email, telephone or post to inform you. 3.9 Our acceptance of your order brings into existence a legally binding contract between us. 3.10 We accept all major Credit Cards (Visa, MasterCard, Amex), PayPal, Direct Deposit, Cheque or Money Order. All pricing is in Australian Dollars. To see how it converts to your currency see www.xe.com or check the currency converter located on each product page of the Online Store. All payments are processed securely using 128bit SSL encryption and no card details are stored by the site. 3.11 The prices for any goods will be as quoted on our Online Shop inclusive of GST (Australian Goods & Services Tax) and if you are ordering outside Australia, will be removed once your fill in your shipping details. Prices are subject to change. Delivery costs are not included and will be added once shipping details are filled out. Payment of the whole of the price for the goods you order must be received before your order can be accepted. ALLOY metal tiles are a specialised, made to order product and – apart from samples and finishing pieces - are not available to purchase through our online store. ALLOY tiles can be ordered through our Sydney office + showroom by email, phone, fax or post. Assistance / Questions Packaging + Gifts Please note that ALLOY products that have been engraved or personalized cannot be refunded or exchanged. Gift Vouchers 3.15 ALLOY Gift Vouchers are valid for 12 months from the date of issue. 3.16 ALLOY Gift Vouchers may not be redeemed for the purchase of Gift Vouchers (you can’t purchase a Gift Voucher with another Gift Voucher). 3.17 ALLOY Gift Vouchers are non-transferable. When redeeming ALLOY Gift Vouchers, change will be given in Gift Vouchers except where the amount due is $19.99 or less, when cash will be given. 3.18 ALLOY Gift Vouchers should be treated like cash. They cannot be replaced if lost of stolen. 3.19 ALLOY Gift Vouchers will be subject to verification at time of presentation and we reserve the right not to accept any vouchers that have or appear to have been forged, damaged, defaced or otherwise tampered with. 3.20 ALLOY Gift Vouchers will be sent to the delivery address as specified when the order is taken. Deliveries will be made using the shipping method specified. 3.21 ALLOY Gift Vouchers will normally be dispatched within 2 working days, but ALLOY shall not be liable for any loss incurred either directly or indirectly by failure to meet the delivery date and time. ‘Loss’ in this instance includes but is not limited to, compensation for loss of profit, damage to good will, any damages, charges or other expenses. 3.22 Risk will pass to the customer upon delivery to the specified address and title will pass upon receipt of payments in full. ALLOY has no liability for lost, stolen or damaged vouchers once responsibility of ownership has passed to the customer at time of delivery. 3.23 ALLOY Gift Vouchers should be checked immediately upon receipt. Any discrepancies must be notified immediately by telephoning +61 2 9565 2422 or ALLOY cannot be held responsible for shortage or loss of any vouchers not notified to us within three days of delivery. 3.24 ALLOY will process any requests for refunds of ALLOY Gift Vouchers purchased online if notified to ALLOY within seven working days of receipt. ALLOY Gift Vouchers will only be refunded when they have been returned to ALLOY. Refunded ALLOY Gift Vouchers will be cancelled immediately. 3.25 ALLOY reserves the right to vary these gift voucher terms and conditions. 4. REFUNDS, REPLACEMENTS AND CANCELLATIONS 4.2 Any claim regarding damaged or defective goods must be made within 48 hours of receipt of the goods and you must provide to us the date of purchase, and documents evidencing the delivery of the product and proof of return of the product to us. 4.3 To return any item please
or telephone +61 2 9565 2422. 4.4 If the product is out of stock at the time we receive your return, we will offer an alternative product or a refund. If you wish to wait until the item is back in stock, we will contact you with details of when you can expect delivery. 4.5 We shall endeavour to complete all online refunds within approximately 30 days of the return of the goods. All refunds will be made according to the original method of payment. Please note that we do not refund the cost of delivery except if your return is the result of an error made by the Online Shop. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be recredited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be recredited to you. Order Cancellations Cancellation of Orders by ALLOY Design 4.8 If we do cancel your contract we will notify you by e-mail and we will recredit to your credit account any sum deducted by us from your credit account as soon as possible but in any event within 30 days of your order. We shall not be obliged to offer any additional compensation for any disappointment suffered nor will we be liable for any direct or indirect loss or damage suffered by you as a result of our cancellation of a contract under this clause 4. 5. SHIPPING + DELIVERY OF GOODS 5.2 We will use all reasonable endeavours to ensure that delivery is made within 5 – 7 days (within Australia) and 7 – 10 days (international) of payment being received by us. Some of our specialised products are made to order and may take a little longer, or some items may be out of stock, if this is the case we will contact you directly with the expected delivery time. You agree and acknowledge that we do not guarantee we will meet any delivery date and we will not be liable for any loss or damage, however it arises, if the goods are not delivered within 10 days of payment being received by us. 5.3 Standard Delivery or Express Delivery via Australia Post & Australian Air Express Courier are the methods we offer to send your goods. For international deliveries we use Australia Post International. There are 5 different options: Standard Mail, Express Mail, Economy Air Mail (International), Standard Air Mail (International) and Sea Mail (International). Shipping costs will be calculated at the time of checkout according to the shipping method you select. AUSTRALIAN ORDERS Express Post within Australia next day delivery (from time of order fulfillment) is:
Outside capital cities and major regional centres may take an extra day. Very remote locations will take longer. Please allow 5 – 7 days for order fulfillment + delivery. All parcels are fully tracked. If you’re not home to receive your parcel and the driver feels it’s not safe to leave, a calling card will be left and your parcel can be collected from your nearest post office or AAE depot. Specific delivery instructions can be added in the comments field during checkout, e.g. “please leave on porch if not home”. INTERNATIONAL ORDERS Express Post International (Australia Post’s express international service) provides reliable delivery within 3 to 7 business days between metro areas of major cities. For country specific information go to http://www1.auspost.com.au/international/ Please allow 7-10 days for order fulfillment + delivery. Both services have signature on delivery security. Additionally, Express Post International ensures super fast delivery and tracking every step of the way). If you’re not home to receive your parcel and the driver feels it’s not safe to leave, a calling card will be left and your parcel can be collected from your nearest post office. Specific delivery instructions can be added in the comments field during checkout, e.g. “please leave on porch if not home”. 5.4 You will become the full and absolute owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to the address you have provided to us for delivery they will be held at your own risk and we will not be liable for their damage, loss or destruction. 5.5 Any import duties or taxes, which are levied by the authorities in the destination country, are at your cost. 6. WARRANTY 6.2 We warrant that the Online Shop is provided on an “as is, as available” basis. 6.3 We and our affiliated companies and their respective employees, agents or licensors do not warrant, guarantee or make any representation: 6.4 To the full extent permitted by law we exclude and disclaim any other express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Online Shop or the Content. 7. LIABILITY 7.2 We are not liable to you for: 7.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Online Shop or the Content. 7.4 To the extent that the limitation of liability contained in this clause 7 is prohibited, you agree that our sole obligation to you for any direct or consequential loss (including loss of profits, business or goodwill), injury, claim, liability, damage of any kind resulting from your access and or use of this Online Shop, or from your purchase of any goods from the Online Shop, shall be limited, at our option, to the refund of any monies paid by you to us or the replacement of any goods purchased from the Online Shop and returned in strict accordance with the refund and replacement terms in clause 4 above. 7.5 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs import or other permits to purchase goods from our site. The importation or exportation of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the import or export of the goods you purchase. 8. INTELLECTUAL PROPERTY 9. INDEMNITY 10. TERMINATION OF ACCESS 11. MISCELLANEOUS Entire Agreement 11.3 Nothing said by any sales person on behalf of ALLOY Design should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. With the exception of fraud or fraudulent misrepresentation we shall have no liability for any such representations being untrue or misleading. Force Majeure Severability Contact Details Please contact ALLOY customer service by telephone at +61 2 9565 2422 or Thank you, and we hope you enjoy shopping with us. YOUR ACCESS OR USE OF THIS ONLINE SHOP CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SALE |