Terms & Conditions

ALLOY Design ONLINE SHOP
ABN 97 003 793 468

TERMS OF USE AND SALE

1.1 Access to and use of the ‘Shopping cart’ section of the alloydesign.com.au website (the Online Shop) by you is conditional upon your acceptance, without alteration, of these terms of use and sale (the Terms), as amended from time to time and posted on the alloydesign.com.au website by us, ALLOY Design Pty Ltd (ABN 97 003 793 468) (ALLOY)

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.

2.1 You must not use this Online Shop, or any of the content, information and software provided on and through the Online Shop (the Content), for any of the following purposes:
(a) the reproduction of the Content in any material form;
(b) the redistribution of the Content in any material form;
(c) the re-transmission of the Content by any medium of communication;
(d) uploading and or reposting the Content to any other site or location on the WWW, online service or bulletin board; and
(e) “framing” the material on this Online Shop with other material on any other WWW site or location, online service or bulletin board.

2.2 Notwithstanding the restrictions on use of the Content on this Online Shop in clause, 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:
(a) the layout of this Online Shop; or
(b) any computer software or code contained in this Online Shop.

The Online Shop

3.1 The ‘Shop’ or ‘Shopping Cart’ section of the alloydesign.com.au website is the online ordering, shopping and information service of ALLOY Design.

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 e-mail us. 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
3.4 The staff at ALLOY Design fulfill orders Monday to Friday from 9am-5pm. Orders placed outside of these times will be fulfilled on the next business day.

The Shopping Process
3.5 You can place your order for ALLOY homewares, accessories, metal tile samples and metal tiles through our online store, email or phone. Please note that boxes of ALLOY tiles can only be ordered online within Australia in quantities up to 10 square meters (due to shipping weight restrictions), for larger orders please contact our Sydney showroom. Tile samples can be ordered online for international delivery. Please contact us if you wish to order and deliver boxes of tiles internationally or check our list of distributors in your country.

3.6 When you decide to buy something, simply click on it and then ‘Add to Cart’. While you continue shopping you can click on the ‘Shopping Cart’ icon at any time to view the contents of your shopping cart. If you have a specific request or require further information, please e-mail us. All items are subject to availability.

Placing your Order
3.7 You can order online anytime. Our general business hours are Monday to Friday 9am to 5pm EST and we will respond to any email enquiries within 24 hours Monday to Friday.

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.
Prices and Payment

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
3.12 We're here to help. If you require any assistance with our Online Shop, have any product questions or require design assistance, please call or send us an e-mail. Phone 02 9565 2422 (within Australia) and +61 2 9565 2422 (international) between 9am and 5pm EST or e-mail us.

Packaging + Gifts
3.13 All ALLOY metal homewares and accessories are packaged in our distinctive pink gift box. We will add a complimentary personalised gift tag to any order if you note your message in the Checkout comments. ALLOY specialises in corporate gifts with no minimum order requirement. We also offer a personalized engraving service of our products for logos and special messages, please contact us for details.

Please note that ALLOY products that have been engraved or personalized cannot be refunded or exchanged.

Gift Vouchers
3.14 ALLOY Gift Vouchers are not redeemable for cash.

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 e-mail us. 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.

4.1 Please choose carefully as refunds are not normally provided where you have simply changed your mind. We recommend you carefully preview any proposed Orders before adding to your shopping card and proceeding with you Order.

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 e-mail us or telephone +61 2 9565 2422.
Please indicate the reason for the return, and whether you would prefer a replacement, exchange or a refund.

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

4.6 Please choose carefully. Once an Order has been accepted, no cancellation of that Order is valid unless you have recieved our written communication endorsing the cancelled order. Please note that a 20% restocking fee may apply. e-mail us or telephone +61 2 9565 2422 to cancel an order. You can contact the ALLOY Monday to Friday 9am to 5pm. Outside these hours, you will be able to leave a message and will be contacted the following working day.

Cancellation of Orders by ALLOY Design

4.7 We reserve the right to cancel the contract between us if:
(a) we have insufficient stock to deliver the goods you have ordered;
(b) we do not deliver to your area; or if
(c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

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.

5.1 We will deliver the goods ordered by you to the delivery address you have provided us at the time you make your order. A signature is needed on delivery, so please make sure at the address given that this is accessible. State all delivery address details clearly, including business name and our other information that may helps us get this to you quickly as possible.

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. ALLOY's solid metal tiles are made to order and generally take 2 - 3 weeks, or some of our specialised products are made to order and may take a little longer. 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 For delivery of our solid metal tiles (within Australia only), Economy delivery is via Australia Post & TNT road Express. A standard fee of $85.00 inc gst (within Australia only) will be added at the time of checkout. For metal tile samples within Australia the shipping free is $5.00 and internationally it is A$15.00 (some countries will not apply, please check with us if you need help). An overnight or 2 - 3 day express delivery service is available if required and can be discussed with our sales staff.

AUSTRALIAN ORDERS

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

Orders delivered outside Australia are exempt from 10% GST (Australian Goods & Services Tax). This will be deducted from your order total during checkout, after your delivery address is entered.

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.

6.1 We warrant that any goods purchased through the Online Shop are of satisfactory quality and fit for its intended purpose.

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:
(a) that the Online Shop will be uninterrupted or free of error;
(b) in relation to the accuracy, reliability or content of any information that may be obtained from the use of the Online Shop;
(c) that the Online Shop or the Content, or the server that makes the Online Shop available on the WWW are free of software viruses;
(d) that the functions contained in any software contained on this Online Shop or the Content will operate uninterrupted or are error-free; or
(e) that errors and defects in this Online Shop or the Content will be corrected.

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.

7.1 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of you:

7.2 We are not liable to you for:

(a) errors or omissions in the Online Shop or the Content;
(b) delays to, interruptions of or cessation of the services provided in the Online Shop or the Content; or
(c) defamatory, offensive or illegal content on the Online Shop or the Content, whether caused through negligence of ALLOY Design, its employees or independent contractors, or through any other cause.

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.

8.1 We own and reserve all intellectual property rights, including, but not limited to, copyright in the Online Shop and the Content and or any services provided by this Online Shop. Except as expressly provided in these Terms, nothing set out in these Terms shall be construed as conferring to you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property laws. You agree that the Content and Online Shop are protected by the laws relating to copyright, trademarks and intellectual property generally.

9.1 You will at all times indemnify, keep indemnified, defend and hold harmless ALLOY Design and its respective officers, employees and agents (Those Indemnified), from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you, and or use of the material and or information supplied by you under these Terms.

10.1 We may terminate access to the Online Shop at any time without giving any explanation or justification for the termination of access, and we shall have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Online Shop.

11.1 ALLOY reserves the right to verify the validity of any and all claims and reserves the right to disqualify any Claimant if the Claimant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

Law and Jurisdiction

11.2 These terms and the relationship between you and us shall be governed by and interpreted in accordance with the laws of New South Wales and the New South Wales courts shall have exclusive jurisdiction to resolve any disputes between us.

Entire Agreement

11.3 These terms and conditions together with our current website prices, contract details, delivery details and privacy policy set out the whole of our agreement relating to the supply of goods to you by us.

11.4 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

11.5 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock outs and other internal disputes breakdown of systems or network access, flood, fire, explosion or accident.

Severability

11.6 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.

Contact Details

11.7 We are happy to answer any questions you may have regarding these Terms or any other aspect of our service.

Please contact ALLOY customer service by telephone at +61 2 9565 2422 or e-mail us.

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