Tile Mountain Australia — Terms & Conditions

The Company

Tile Mountain Pty Ltd (ABN 93 693 171 907) is a company that sells tiles and accessories for walls and floors and its registered office is at Suite 20.01, Level 20, 133 Castlereagh Street, Sydney NSW 2000, Australia. Our showroom is at 305 Parramatta Rd, Auburn NSW 2144, Australia. The company can be contacted on (02) 7265 0021 or by email at [email protected].

Sample Ordering

We encourage customers to purchase sample tiles before making their complete purchase to give a true, accurate and clear appraisal of the product and its suitability for its installation. Cut samples are priced at $5 AUD per 6 cuts (or part thereof) — e.g. 7 cuts = 2 x $5 = $10 — shown as a distinct "Cut Sample Bundle" charge in your cart and order total, with live messaging showing how many more cuts you can add for the same $5. If you go on to place a full order, enter your sample order number at checkout once that sample order has shipped and we'll automatically apply a discount equal to what you paid for the cut samples in that order. Please remember shades and calibration of tiles differ especially with natural products, so before fixing ensure you are entirely happy with the product as any claims once the product has been fixed will not be considered. Any purchases of samples are also governed under these terms and conditions.

Ordering

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

When you submit an order to us, you are offering to purchase the products from us at the prices indicated on the Website. Our acceptance of your order will take place as described below.

When an order is placed online, we request authorisation for the value of the order through our third party payment provider to ensure that the funds are available for the value of your order. Your payment details will also be checked by our screening service, this is designed to protect the company and the customer from fraudulent activity.

By submitting an order to us through the Website and by clicking the Pay Now button, you confirm that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.

Acceptance of an order placed by you online and the completion of the contract between you and us will take place when you receive an email from us that confirms that the products have been dispatched. The contract between us will only be formed when we send you this dispatch confirmation. Once we have sent you this dispatch confirmation, you will not be able to amend your order and any cancellations to your order must be made in accordance with the paragraph titled 'Cancelling An Order' below.

If we are unable to supply you with a product, for example because that product is no longer available, or because of an error in the price on the Website, or we are unable to obtain authorisation or verify your payment, or where you do not accept our terms, we will inform you of this by email or telephone and we will not process your order. If you have already paid for the products we will refund you the full amount as soon as possible and in any event within 14 days.

Please note: acceptance by us of a payment made by you in connection with any products does not constitute our acceptance of your order and a legally binding contract is not formed until you receive our order confirmation email and we will not be obliged to supply products to you until then.

If at any point there are any problems with your order, please contact us using the details on our Contact us page.

Price Of Goods And Payment

The prices of the goods will be as quoted on the website from time to time. We only accept payment for orders in Australian dollars (AUD), by Visa or Mastercard. We take all reasonable care to ensure that the prices of the goods are correct at the time when the relevant information was entered onto the system.

Prices for our goods may change from time to time but changes will not affect any order which we have confirmed with an order confirmation.

The price of our goods includes GST (where applicable) at the current applicable rate in Australia. Please note that if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST payable by you, unless you have already paid for the Products in full before the change takes effect.

Delivery charges will also be payable on your order and these will be added to the price of your order prior to you submitting payment to us. For details of our delivery charges please see our Delivery page.

Our website contains a large number of goods. It is always possible that, despite our best efforts, some of the goods on the website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

Where the correct price for the goods is less than the price stated on the website we will charge you the lower amount when dispatching the goods to you; and
If the correct price for the goods is higher than the price stated on the website we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price, or to cancel your order. We will not process your order until we have your instructions. If the pricing error is obvious and unmistakable and could have been recognised by you as an error in pricing we do not have to provide the products to you at the incorrect (lower) price. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Payment for the goods must be made using the payment facilities available through the website. We may withhold the goods and/or cancel the contract between us if payment is not received from you in full in cleared funds.

Delivery

Please refer to our Delivery page for specific details on delivery, including any particular restrictions that may apply from time to time depending on our third party delivery company. Whilst we will use all reasonable endeavours to ensure that your order is delivered to you within the times stated on our Delivery page, our deliveries are carried out by a third party provider and as such this process is largely out of our control. If an event does occur which may affect your delivery and/or is otherwise outside of our control we will attempt to contact you.

Your delivery will be delivered to the nearest accessible location to the delivery address that you provide to us (kerbside delivery). Please ensure that any hazards that may prevent your delivery being taken off of the delivery vehicle are removed, to the extent possible. If there are immovable hazards or obstructions (e.g. steps, uneven or gravel paths or driveways for example) your delivery may be made to an alternative location between the delivery vehicle and your property. If your property has limited or difficult access you must let us know at time of placing your order, using the delivery restrictions comment box. The goods will become your responsibility at the point of delivery.

Liability - Please Read This Clause Carefully

Please be aware:

As part of our service we are happy to assist with working out measurements and the suitability of products for a particular installation, but it remains ultimately the customer's responsibility to ensure suitability and quantities prior to fixing. We will not be responsible in the event that the wrong quantity of tiles, or tiles that are not suitable for any particular placing have been ordered.
Due to the manufacturing process products may vary in shade, tolerance and calibration this is especially prevalent in natural products. The variance in colours and textures is not a defect, but merely a characteristic and most natural products will require sealing prior to grouting and may require ongoing maintenance.
At Tile Mountain, we take great pride in providing high-quality tiles that meet stringent industry standards. However, please note that nominal dimensions are used for the sizing of our tiles. For example, a tile advertised as 600x600mm may actually measure approximately 595x595mm. This slight variation is due to the tile calibration process, an essential step in manufacturing that ensures each tile meets quality and ease-of-installation standards. Such variations are considered normal within the industry and fall within acceptable tolerance levels.
You should not arrange for fitting until all goods are received and your order is complete. All lead times are quoted with goodwill, but we cannot be responsible for any failure to meet these or any consequential loss.
If you are in any doubt about the suitability of the product, do not proceed to fitting but please contact our customer services team using the details on our Contact Us page who would be pleased to assist.
Please check all goods prior to fitting as we are unable to accept any claims after the tiles have been installed except in the cases of any inherent non-visible defects.
Please be aware that there may be slight variations in colour, shades and dimensions from batch to batch. We advise you to order enough product to cover your needs accordingly as we cannot accept any liability for any minor differences in any subsequent batch or batches that you may need to order.
Any products displayed on the website alongside your order are suggested accompanying products only. We cannot guarantee the suitability of these suggested accompanying products for your particular project and you should not rely on these suggestions. Save for circumstances where any accompanying product is faulty, we do not accept any liability once tiles have been fixed if that product is unsuitable.

Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (see below).

Your Rights Under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law.

Cancelling An Order

If you simply change your mind, you may return unused goods in their original, unopened packaging within 30 days of delivery for a refund of the goods' price. You are responsible for the cost of returning the goods to us, except where the goods are faulty or not as described (see "Faulty Goods" below). This is a Tile Mountain Australia policy, not a right required by law — it is offered in addition to, and does not limit, your rights under the Australian Consumer Law in relation to goods that are faulty, not fit for purpose, or not as described.

We are unable to accept returns for any tiles after the tiles have been installed, even if this is within the 30-day window. Please check all goods carefully prior to fitting.

To exercise this option, contact us using the details in "The Company" above before returning any goods.

Faulty Goods

If you believe your goods are faulty, not of acceptable quality, or not as described, please notify us as soon as possible after delivery by contacting us using the number or email above. Depending on whether the issue is a major or minor failure, you may be entitled under the Australian Consumer Law to a repair, replacement, refund, or compensation for reasonably foreseeable loss or damage. We will ask you to return the goods to us and, where the fault is confirmed, cover the reasonable cost of that return.

Events Outside Our Control

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under our contract with you that is caused by an Event Outside Our Control.

An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotions, riot, invasion, terrorist attack or threat of terrorist attack, fire, explosion, storm, blizzard, flood or other inclement and unordinary weather condition, subsidence, epidemic or other natural disaster or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under our contract with you:

We will contact you as soon as reasonably possible to notify you of this; and
Our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Customer Information

If you have any queries or complaints regarding your order please contact us using the contact details in "The Company" above.

Voucher Terms & Conditions

Only valid during offer period
Cannot be used in conjunction with any other offer
Can only be used once per household
Excludes sale items
Available whilst stocks last
Tile Mountain reserves the right to remove any offer without prior notice

Governing Law

These terms are governed by the law of New South Wales, Australia, and you and we both agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.