Terms & Conditions [18|5|26]
This website and showroom are operated by House Of Eleganz, ABN 43 610 513 963.
Throughout these Terms & Conditions, the terms “we”, “us” and “our” refer to House Of Eleganz, and “you” and “your” refer to the customer. By accessing our website, requesting a quotation, placing an order, making payment, purchasing products, arranging collection or accepting delivery, you agree to these Terms & Conditions.
These Terms & Conditions apply to the supply of products including tiles, vanities, tapware, toilets, baths, bathroom accessories, shower screens, tile adhesives, grout, silicone and delivery services.
These Terms & Conditions do not apply to benchtop fabrication, porcelain slab installation or stone fabrication. Those works are subject to separate terms, quotation documents, warranty documents or project agreements.
Nothing in these Terms & Conditions excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL) or any other law that cannot be lawfully excluded. Where any provision of these Terms & Conditions would otherwise be inconsistent with the ACL, that provision is to be read down to the extent necessary to comply with the ACL.
Business Details
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Business Name: House Of Eleganz
ABN: 43 610 513 963
Email: vivian@houseofeleganz.com.au
Phone: 08 6200 8197
Address: 2/16 Prindiville Drive, Wangara WA 6065
Products Covered
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These Terms & Conditions apply to the sale and supply of:
• tiles;
• vanities;
• tapware;
• toilets;
• baths;
• bathroom accessories (including shower screens);
• tile adhesives;
• grout;
• silicone;
• related tile and bathroom products;
• delivery services.
Product warranties, where applicable, will be noted on the relevant product page, supplier documentation, manufacturer documentation or invoice.
Quotations
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All quotations are valid for 30 days from the date issued, unless otherwise stated in writing.
Stock is not guaranteed or reserved until the required payment has been received and the order has been confirmed by us in writing.
All quoted quantities are approximate and are based on the information available at the time of quoting. It is your responsibility (or the responsibility of your builder, tiler or relevant tradesperson) to check all quantities, measurements, wastage requirements, site conditions and product suitability before confirming an order.
We recommend obtaining confirmation from your tiler or builder before finalising tile quantities. House Of Eleganz is not responsible for under-ordering, over-ordering, incorrect measurements or insufficient wastage allowances.
Pricing
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All prices are listed in Australian dollars and are inclusive of GST unless otherwise stated.
Prices may change without notice due to supplier price changes, freight increases, exchange rate changes, product availability, or other factors outside our control.
A quotation does not secure pricing or stock unless the order is confirmed and the required payment has been received.
Payment Terms
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For supply-only orders, payment is required in full prior to purchase, unless otherwise agreed in writing.
For tile orders exceeding $10,000, we may agree in writing to the following payment structure:
• 50% deposit to confirm the order and secure stock; and
• 50% balance payment due 2 weeks prior to delivery or collection.
Stock is only secured once the required deposit or full payment has been received.
We accept the following payment methods:
• cash;
• bank transfer;
• card;
• EFTPOS;
• PayPal;
• Afterpay.
We do not charge card surcharges except for American Express, where a surcharge may apply. Any surcharge will be disclosed at the point of payment.
Orders may be delayed, cancelled or released to other customers if payment is not received by the required due date. Where an order is cancelled due to non-payment, any deposit paid may be forfeited to cover supplier, freight, restocking and administrative costs reasonably incurred by us, except to the extent prohibited by law.
Product Availability
All products are subject to availability.
Some products may be limited in stock, discontinued, subject to supplier availability, or available by special order only.
We reserve the right to cancel or amend an order if a product is unavailable, incorrectly priced, discontinued, or unable to be supplied by the manufacturer or supplier. If this occurs, we will notify you and provide an appropriate refund or alternative option where applicable.
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Special Orders
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Special-order items are products ordered specifically for you and not held in our regular stock.
Special orders are non-refundable and cannot be cancelled or exchanged due to a change of mind once confirmed. Your rights under the Australian Consumer Law continue to apply, including where a product is faulty, not of acceptable quality, not fit for a disclosed purpose or not as described.
Estimated arrival times for special orders are dependent on the product, supplier, manufacturer, shipping and freight conditions. Any estimated timeframe will be noted on the invoice where applicable.
Estimated arrival dates are estimates only and are not guaranteed. House Of Eleganz is not liable for delays caused by suppliers, manufacturers, freight companies, shipping delays, customs delays, import delays, stock shortages or circumstances outside our reasonable control.
Product Images, Samples & Displays
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Product images, showroom displays, samples, website photos and marketing materials are intended as a guide only.
Actual products may vary in colour, texture, shade, veining, finish, pattern, size and appearance due to lighting, photography, screen settings, batch variation and manufacturing processes.
We recommend that you view current samples or inspect the product in our showroom where possible before confirming an order.
Tile Shade, Batch, Size & Finish Variation
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Tiles are manufactured in batches and may vary in shade, colour, texture, pattern, veining, size and finish between batches. This is normal in the tile industry.
Repeat orders may not match previous orders, samples or showroom displays.
Tiles are often quoted and sold by nominal size. Actual size may vary slightly due to manufacturing tolerances.
Where matching is important, you must advise us before ordering. We recommend ordering a sufficient quantity, including wastage, at the time of the original order to reduce the risk of batch mismatch.
Inspection Before Installation
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All tiles and products must be inspected by you (or your builder, tiler or relevant tradesperson) before installation.
Inspection should include checking:
• product name;
• size;
• finish;
• colour;
• shade;
• batch;
• quantity;
• visible defects;
• suitability for the intended area;
• damage;
• whether the product matches the order.
Tiles must be checked before laying. Installation of tiles is deemed acceptance of the visible condition and appearance of the product at the time of installation.
Claims relating to visible defects, incorrect product, shade variation, size variation, aesthetic concerns or visible damage may not be accepted after installation, except where required by Australian Consumer Law.
House Of Eleganz is not responsible for removal costs, replacement installation costs, labour costs or associated costs where tiles have been installed despite visible issues that should have been identified before installation, except to the extent that we are required to provide such remedies under Australian Consumer Law.
Damaged, Incorrect or Short-Supplied Goods
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You must notify House Of Eleganz of any damaged, incorrect or short-supplied goods within 7 days of collection or delivery.
All claims must be made in writing and must include clear photographic evidence.
Photos should show:
• the affected product;
• packaging;
• labels;
• batch information where applicable;
• the nature of the damage, shortage or issue;
• delivery condition where relevant.
Claims made outside this timeframe may not be accepted, except where required by Australian Consumer Law (for example, where a defect was not reasonably visible on inspection).
No claims will be accepted after installation where the issue was visible or reasonably identifiable before installation, except where required by Australian Consumer Law.
Delivery
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Delivery is available at an additional cost unless otherwise specified in writing.
Standard delivery is tailgate delivery, meaning goods will be delivered only to an area accessible by a tailgate truck and pallet jack.
The delivery location must be safe, accessible, level and suitable for unloading. Delivery does not include carrying goods upstairs, moving goods inside a property, hand-unloading, crane lifts, forklift services or specialised access unless specifically quoted and agreed in writing.
Special delivery conditions may be quoted separately.
If you are not ready or available to accept delivery, or if the site is unsuitable for delivery, additional fees may apply. This may include failed delivery fees, redelivery fees, waiting time, storage fees or additional handling charges. Any such fees will reflect the reasonable costs we incur.
Delivery dates and times are estimates only. We are not liable for delays caused by freight companies, suppliers, weather, site access issues, customer unavailability, traffic, mechanical issues or circumstances outside our reasonable control. Nothing in this clause limits any rights you may have under Australian Consumer Law.
Collection
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You may collect goods from our showroom or, for large orders, from our warehouse in Neerabup.
Warehouse collections are by appointment only.
You must ensure you have a suitable vehicle, equipment and labour to safely collect and transport your goods. Tiles and bathroom products can be heavy, fragile and difficult to handle.
Once goods are collected by you, your builder, tiler, courier, freight company or nominated representative, the goods become your responsibility.
House Of Eleganz is not responsible for damage caused during loading, transport, unloading, storage or handling after collection, except to the extent caused by our negligence or required to be remedied under Australian Consumer Law.
Risk & Title
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Risk in the goods passes to you once the goods are collected, delivered, or handed to your nominated representative, builder, tiler, courier or freight provider.
Title in the goods does not pass to you until we have received payment in full of all amounts owing for those goods. Until the title passes, you must keep the goods safe, identifiable as our property, and free from any encumbrance, and we may recover the goods if payment is not made by the due date.
You are responsible for checking goods at the time of collection or delivery and notifying us of any issues within the timeframe set out in clause 11.
Storage Fees & Uncollected Goods
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Once goods are available for collection or delivery, you must arrange collection or delivery within a reasonable time.
If goods are not collected or delivery is not arranged within 30 days of being made available, storage fees may apply at a rate of $5 per day per pallet (or part thereof).
If goods remain uncollected and unpaid storage fees remain outstanding for more than 90 days after we have made the goods available, and after we have given you at least 14 days’ written notice to your last known email or postal address, we may resell or otherwise dispose of the goods. Where lawful, we may apply the proceeds (less reasonable costs of sale, storage and recovery) against any amounts you owe us. Any surplus will be returned to you. This clause operates subject to any applicable laws relating to uncollected goods.
House Of Eleganz is not liable for delays caused by you, your builder, tiler, site readiness issues, lack of access, or failure to arrange collection or delivery.
Returns & Exchanges (Change of Mind)
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We may accept change-of-mind returns within 30 days of pick-up or collection, subject to approval at our discretion.
Approved change-of-mind returns are subject to a 15% restocking fee. No restocking fee applies where the return relates to a failure to comply with a consumer guarantee under the Australian Consumer Law, our error, a faulty product, or a product that is not as described.
To be eligible for a change-of-mind return, goods must be:
• unopened;
• unused;
• undamaged;
• in original packaging;
• in saleable condition;
• accompanied by proof of purchase.
Boxes with excessive tears, water damage, heavy marking, missing packaging, damaged packaging or that are otherwise in unsaleable condition may be rejected.
You are responsible for returning approved change-of-mind goods to House Of Eleganz. Original delivery fees, freight fees and return transport costs are not refundable for change-of-mind returns.
Acceptance of a change-of-mind return is at our discretion. Nothing in this clause limits your rights under the Australian Consumer Law.
Bathroom Product Returns
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Vanities, tapware, toilets, baths and bathroom accessories may be returned within 30 days of purchase for change of mind, subject to approval.
To be eligible for a change-of-mind return, the product must be:
• unused;
• uninstalled;
• undamaged;
• in original packaging;
• in saleable condition;
• accompanied by proof of purchase.
Returns may be rejected if the item has been installed, assembled, damaged, altered, used or removed from original packaging in a way that makes it unsaleable.
Special-order bathroom products are non-refundable for change of mind. Your rights under the Australian Consumer Law continue to apply.
Non-Returnable Items (Change of Mind)
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The following items cannot be returned or exchanged for change of mind:
• special-order items;
• clearance items;
• discontinued items;
• opened tile boxes;
• damaged or unsaleable products;
• used or installed products;
• products not in original packaging;
• products ordered specifically for the customer;
• adhesives, grout, silicone or other consumable products where packaging has been opened or damaged.
• shower-screens
This clause applies to change-of-mind returns only and does not limit any rights you may have under Australian Consumer Law where a product is faulty, not of acceptable quality, not fit for a disclosed purpose or not as described.
Clearance & Discontinued Products
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Clearance and discontinued products are sold subject to limited availability.
You must carefully check quantities, batch, shade, condition and suitability before purchasing clearance or discontinued items.
Clearance and discontinued items are not returnable or exchangeable for a change of mind.
Additional stock may not be available, and repeat orders may not match the original batch, shade, size or finish.
This clause does not limit any rights you may have under Australian Consumer Law.
Adhesives, Grout, Silicone & Consumables
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Adhesives, grout, silicone and other consumable products must be stored, handled and used in accordance with manufacturer instructions.
House Of Eleganz is not responsible for product failure caused by incorrect storage, incorrect mixing, incorrect application, expired products, unsuitable substrates, incorrect product selection, moisture issues, contamination, or failure to follow manufacturer guidelines, except to the extent that we are required to provide a remedy under Australian Consumer Law.
You should ensure that your tiler or tradesperson selects products suitable for the intended application.
Use Of Qualified Trades
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Tiles and bathroom products must be installed by appropriately qualified and experienced tradespeople.
All products must be installed in accordance with manufacturer instructions, relevant Australian Standards, building requirements and recognised industry practice.
House Of Eleganz is not responsible for damage, defects, product failure or performance issues caused by incorrect installation, unsuitable substrates, poor workmanship, movement, incorrect adhesives, incorrect cleaning methods, third-party trades or failure to follow manufacturer instructions, except to the extent that we are required to provide a remedy under Australian Consumer Law.
Cleaning & Maintenance
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You must follow the relevant cleaning and maintenance instructions for all products.
Harsh chemicals, acidic cleaners, abrasive pads, scouring powders, bleach, incorrect sealers, incorrect grout haze removers or inappropriate cleaning methods may damage tiles, grout, tapware, vanities and other products.
House Of Eleganz is not responsible for damage caused by incorrect cleaning, misuse, neglect, impact damage, poor maintenance or failure to follow manufacturer care instructions, except to the extent required under Australian Consumer Law.
Warranty
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Product warranties vary depending on the product, supplier and manufacturer.
Where applicable, warranty information will be noted on the product page, supplier documentation, manufacturer documentation or invoice.
Manufacturer and supplier warranties apply in addition to any rights you may have under Australian Consumer Law.
Warranties may not cover damage or issues caused by:
• incorrect installation;
• misuse;
• neglect;
• impact damage;
• incorrect cleaning;
• harsh chemicals;
• normal wear and tear;
• building movement;
• third-party trades;
• failure to follow care instructions;
• failure to follow manufacturer guidelines.
Australian Consumer Law
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Our goods 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 the 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 & Conditions limits or excludes your rights under Australian Consumer Law. Where any clause of these Terms & Conditions would otherwise be inconsistent with the ACL, that clause is to be read down to the minimum extent necessary so that it complies with the ACL.
Limitation Of Liability
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To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law:
• our liability for any breach of a consumer guarantee that cannot be excluded is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these (where it is fair and reasonable to do so under section 64A of the ACL);
• we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, loss of opportunity, loss of business, loss of goodwill, project delays, builder or tiler delays, accommodation costs, rent, storage costs, or costs caused by third-party trades; and
• our total aggregate liability arising out of or in connection with any order, however arising, is capped at the amount paid by you for the goods to which the claim relates.
Nothing in this clause limits any rights you have under the Australian Consumer Law that cannot be excluded.
Errors, Inaccuracies & Omissions
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Occasionally, product information, pricing, availability, descriptions, images, delivery information or promotional material may contain errors, inaccuracies or omissions.
We reserve the right to correct errors, update information, cancel orders or amend pricing where an error has occurred.
If an order is affected by an error, we will notify you and provide an appropriate option, which may include correcting the order, offering an alternative product, or refunding the affected amount.
Privacy
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We collect personal information for the purpose of responding to enquiries, preparing quotations, processing orders, arranging delivery, managing customer service, handling warranty matters and operating our business.
We may disclose personal information to suppliers, couriers, freight providers, payment providers or other service providers where required to complete an order or provide our services.
We do not sell personal information to third parties.
We handle personal information in accordance with the Privacy Act 1988 (Cth) where it applies to us. Our full Privacy Policy is available on request and (where published) on our website. To request access to or correction of your personal information, or to make a privacy-related complaint, please contact us using the details in clause 31.
Dispute Resolution
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If a dispute arises between us, both parties agree to attempt to resolve the dispute in good faith before commencing legal proceedings (other than urgent interlocutory relief). The process is:
1. The party raising the dispute will notify the other party in writing, setting out the nature of the dispute and the outcome sought.
2. The parties will attempt to resolve the dispute through direct discussion within 14 days of the written notice.
3. If the dispute is not resolved within that period, the parties may agree to mediation through a mediator agreed between them or, failing agreement, appointed by the Law Society of Western Australia.
Nothing in this clause prevents you from exercising any rights under the Australian Consumer Law or contacting Consumer Protection WA.
Governing Law
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These Terms & Conditions are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts and tribunals of Western Australia, subject to any rights you may have under Australian Consumer Law.
General
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Severability: If any provision of these Terms & Conditions is found to be invalid, illegal or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
No waiver: A failure or delay by us in exercising any right under these Terms & Conditions does not operate as a waiver of that right.
Assignment: You may not assign or transfer your rights or obligations under these Terms & Conditions without our prior written consent. We may assign our rights and obligations to any successor of our business.
Force majeure: We are not liable for any failure or delay in performing our obligations to the extent caused by events outside our reasonable control, including natural disasters, fire, flood, storms, pandemics, government action, industrial disputes, supplier failure, freight or shipping disruption, or failure of utilities or telecommunications. Nothing in this clause limits any rights you may have under the Australian Consumer Law.
Variation: We may update these Terms & Conditions from time to time. The version that applies to your order is the version in effect at the time the order is confirmed by us.
Entire agreement: These Terms & Conditions, together with any quotation, invoice or written agreement between us, constitute the entire agreement between the parties in relation to the supply of goods and supersede any prior representations or agreements not recorded in writing.
Contact Information
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Questions about these Terms & Conditions should be directed to:
House Of Eleganz
2/16 Prindiville Drive
Wangara WA 6065
Email: vivian@houseofeleganz.com.au
Phone: 08 6200 8197
ABN: 43 610 513 963