Terms and Conditions

Tile Market (NSW) Pty Ltd T/as TILE MEGA MART (TMM)

Overview

This website is operated by TMM. Throughout the site, the terms “we”, “us” and “our” refer to TMM. TMM 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 and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.

ONLINE Store TERMS & CONDITIONS

Tile Market (NSW) Pty Ltd, Trading as Tile Mega Mart (TMM) agrees to provide goods to the purchaser “you” as specified on your Shopping Cart Billing Details on the following terms and conditions:

All products offered for sale may not always be available and may become discontinued in the future. Tiles are made and delivered in batch lots and every future new delivery will be a different batch.

No order can be cancelled except with consent in writing on terms which will indemnify TMM against all losses.

Unless otherwise stated sell prices quoted by TMM include GST. Prices quoted are current as at the date of order and/or quotation and are subject to change without prior notice. You will be liable to pay for any increases to the quoted price that may occur either before acceptance of the agreement or during its operation.

TMM reserves the following rights in relation to the goods until you have paid all monies owed;
(a) Legal ownership of the goods
(b) To enter into your premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods.
(c) To keep or resell any goods so repossessed.
If the goods are resold by you, you must hold such part of the sale proceeds as represents the invoice price of the goods sold in a separate identifiable account as the beneficial property of TMM.

Any of your property under TMM’s custody or control will be entirely at your risk in respect to loss or damage to the property.

TMM reserves the right to make a reasonable charge for storage if you do not arrange delivery or provide delivery instructions within (14) days of purchase.

All goods supplied by TMM will be described on the printed order as agreed by you and TMM.

Fixing / Installation

IMPORTANT, “It is the fixer’s duty to lay the tiles under the control of the client or the client’s agent (eg. builder) and must be laid in accordance with recognised industry standards”. No claim shall be recognised after the tiles have been installed. FIXING OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THE PRODUCT

Tiles are not guaranteed against crazing or optical hazing. Any guarantee for material, either tiles, adhesives, sealers, cleaners or any additives shall only be given to the extent of that given by the individual manufacturers.

TMM is providing products on a supply only basis and takes NO Responsibility on the suitability of the product for the area of application. It is the absolute sole responsibility of the purchaser to determine the suitability of the product for their application.

TMM cannot guarantee that the shading and colouring of the goods will exactly correspond to the shading and colour of any sample made available to you.

SHIPPING / Delivery

TMM does not provide free (no cost) delivery/shipping services. If, at your request TMM arranges delivery/shipping of goods it will be restricted to the Curb-side area determined safe to do so by the operator at the address provided. TMM will use all reasonable endeavours to ship the goods within the estimated delivery timeframe quoted on normal Week Days (Monday – Friday) excluding Public Holidays. TMM will not be liable for:
(a) Late delivery or non-delivery of the goods.
(b) Any loss, damage or delay arising from late or non-delivery of the goods:
(c) Any loss and / or damage to goods in transit

Unless otherwise agreed in writing by TMM, you or your nominated representative will need to be on site to receive your order on the day of delivery, as the shipping company will NOT leave any goods without a signature from you or your representative. In the event of a failed delivery attempt due to either, no forthcoming signature, or delays on site of more than 20mins, and/or unsatisfactory weather or site conditions to enable safe unloading by the operator on the day, then the goods will be on forwarded/shipped to a depot for you to arrange prompt collection at a cost to you equivalent to the shipping fee charged.

All pickups from depots, warehouses or other nominated pick up points will ONLY be forklift loaded on a Flat Tray Top vehicle (No hand assisted loading options/facilities are available)

All products must be checked immediately after receipt/delivery and well BEFORE Installation day. Any claim for incorrect supply, short supply and any discrepancies with products MUST be made within 2 days (48 hours) from receipt otherwise you will waive such claim. All claims must be supported by photographic evidence and emailed to our After Sales Services email  jaymi.c@tilemegamart.com.au

If any goods are damaged in transit you must ensure enough product is still available to complete the project PRIOR to commencement. All claims for breakages will be treated as a separate refund claim supported by photographic evidence and emailed to our After Sales Services email jaymi.c@tilemegamart.com.au and any additional tiles needed/required are to be re-purchased by you.

RETURN POLICY

Please choose CAREFULLY as TMM does NOT accept returns or cancellations for CHANGE OF MIND and TMM will not be under any obligation to accept goods returned by you. TMM will only accept returned goods if:
(a) The goods are defective and you were not aware or were not made aware of the defects at the time of purchase; and / or
(b) The goods do not match the description on the purchase order; and / or
(c) You and TMM otherwise agree in writing

By agreeing to these Terms and Conditions, you represent that you are at least the age of Eighteen (18) in your state of residence, or that you are the age of Eighteen (18) in your state 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.

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.

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.

Modifications To The Service And Prices

Our current online shopping cart prices for our products are subject to change without notice and are NOT Valid to the same and/or similar products in our bricks and mortar stores.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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 any time 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.

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.

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 and Conditions.

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.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

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.

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 TMM, our directors, officers, employees, affiliates, agents, contractors, 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.

Indemnification

You agree to indemnify, defend and hold harmless TMM 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 and Conditions, 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).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions 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 and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New South Wales.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions please contact us at: https://tilemegamart.com.au/contact/ .