01. INTERPRETATION

1.1. In this document, the following words shall have the following meanings:
1.2. “Customer” means any person who accesses and uses for our website;
1.3. “initialtilesandbathware.com.au” means Initial Tiles Pty Ltd trading as at 2/26 Sterling Rd, Minchinbury NSW 2770;
1.4. “Terms and Conditions” mean the terms of use and guidelines for using this website in order to the rules and agreement in writing by the initialtilesandbathware.com.au.

02. GENERAL

2.1. This Terms and Conditions has defined as an information of the terms, rules and guidelines for the owner of initialtilesandbathware.com.au and customers to access and use website cautiously in order to use.
2.2. This Terms and Conditions (T&C) provide you with the requirements and acceptable behaviour to treat the website fairly and to preserve the website with satisfactory conditions.
2.3. Please be sure to read the following Terms and Conditions to access and use this site in order to the rights and orders of the site.
2.4. initialtilesandbathware.com.au reserves the right to modify, change, add, or remove various parts of the terms of use at its own discretion. Please regularly check the terms for adjustments.

03. RIGHTS

The rights of initialtilesandbathware.com.au include, but are not limited to, the following:

3.1. To satisfy a regulation, law, or government request, initialtilesandbathware.com.au may opt to monitor any of its services or any area of the site and disclose any content, records, or electronic communication necessary.
3.2. initialtilesandbathware.com.au does not accept any responsibility for screening, editing, policing, or monitoring such content.
If notification is received regarding alleged defamatory, damaging, infringing, illegal or offensive content, initialtilesandbathware.com.au reserves the right to investigate the claim and determine at their own discretion whether to remove or request that such content is removed from initialtilesandbathware.com.au.
3.3. initialtilesandbathware.com.au does not accept any responsibility for screening, editing, policing, or monitoring such content. If notification is received regarding alleged defamatory, damaging, infringing, illegal or offensive content, initialtilesandbathware.com.au reserves the right to investigate the claim and determine at their own discretion whether to remove or request that such content is removed from initialtilesandbathware.com.au.
3.4. Notwithstanding this, neither initialtilesandbathware.com.au, nor its merchants, providers, sponsors, and licensers, can guarantee prompt removal or editing of questionable content after it has been posted online. In harmony with this, neither initialtilesandbathware.com.au, nor any of its directors, agents, officers, employees, nor provider, sponsor, merchant, or licenser will be liable for any inaction or action regarding the communication, conduct, or content posted to Iinitialtilesandbathware.com.au.

04. CUSTOMER’S OBLIGATIONS

To enable the initialtilesandbathware.com.au to perform its obligations the customers shall:

4.1. Co-operate with the initialtilesandbathware.com.au,
4.2. Provide initialtilesandbathware.com.au with any information reasonably required by the initialtilesandbathware.com.au,
4.3. Keep the initialtilesandbathware.com.au notified of their correct name, postal address and any phone, fax or e-mail information* it may be collected by initialtilesandbathware.com.au to maintain the customer’s information for further notifications for their ordered materials or other required items and the special advertisements,
4.4. Comply with such other requirements as agreed between the parties, and
4.5. Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.

05. COLLECTION OF PERSONAL INFORMATION (INITIALTILESANDBATHWARE.COM.AU’S OBLIGATIONS)

5.1. When you engage in certain activities on this website, such as requesting information, downloading information or other content, initialtilesandbathware.com.au may ask you to provide certain information about yourself or your Company by filling out and submitting an online form. This is completely optional for you to engage in or not.
5.2. If you elect to engage in these activities, initialtilesandbathware.com.au may ask that you provide us personal information, such as your name, contact details (including addresses, phone, fax and email), and other business-related identifying information to help us determine how we might be able to help you and your company.
5.3. initialtilesandbathware.com.au will only collect sufficient information necessary to enable us to comply with your request for information. Communications sent by the initialtilesandbathware.com.au website will be sent to appropriate initialtilesandbathware.com.au staff for action as needed.

06.  OUR PRODUCTS

6.1. All images, descriptive matter, specifications and advertising of the products on our site are for illustrative purposes only.
6.2. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
6.3. Furthermore, due to the bespoke nature of some of our products, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary.
6.4. Please also note that tiles are created in batches and some shade variation may occur between batches.
6.5. initialtilesandbathware.com.au will take no responsibility for shade variation, which is inherent in all clay fired and stone products. NO responsibility will be taken for any minor variations between samples.

07.  AVAILABILITY OF GOODS

7.1. All goods are subject to availability and if they are in stock in our warehouse, delivery will normally be made within 3-5 working days.
7.2. If our supplier or we are temporarily out of stock for any reason we will notify you of this situation and you should in these cases allow up to 14 working days for delivery. We will not, however, be responsible for compensating you for any other losses you may suffer if we are not able to supply the goods within these times.
7.3. Please kindly read and check the document in regards to the sample deliveries to Sydney Metro and Interstate Metro via https://initialtilesandbathware.com.au/pages/shipping-delivery)

08. RETURNS OF GOODS

8.1. Customer must inspect their order at the time of delivery and need to report any issues on an order such as incorrect item, damages or wrong amount of an order within 48 hours.
8.2. No returns are allowed after the products have been installed.
8.3. The customer acknowledges that the title in all goods ordered, delivered or agreed to be sold remains with Initial Tile PTY LTD and shall not pass until payment in full of the purchase price of such goods is made by the customer.
8.4. No returns will be accepted with regard to batch variation, crazing, or any other inherent characteristic of Klin fired products.
8.5. Credit will be given under the following conditions:

   a) 30% handling fee will be applied,
   b) Order purchased last 7 days,
   c) Items are in resaleable condition; unopened original case,
   d) Items must be of current stock and match in the shade to stock on hand, and
   e) Customer needs to return the goods to the warehouse.

09. REPLACEMENT OF DAMAGED TILES

9.1. The Replacement would be allowed when the customer presents the proof of the damaged tiles by sending an email of the picture of the damaged tiles or bring them to the St Marys warehouse and our staff will inspect the condition.
9.2. Otherwise, Initial tiles will not take any responsibility of the replacement on the damaged tiles. The customer may pick up the replacement tiles from the St Marys warehouse or if the customer wants to be delivered, the delivery charge will incur.

10. PAYMENT

10.1. Initial Tiles must submit an invoice of the goods for the customers to remit and pay the total in together with GST (Goods and Services Tax) *.
10.2. Goods and Service Tax is a broad-based tax of 10% on the total amount of the goods and items that have been purchased in Australia. Tiles and other bathware and accessories products are under all the same conditions as well.
10.3. Initial Tiles only accepts the payment in cash or by credit card (excluding American Express) or by any other method of payment specified by Initial Tiles.
10.4. Initial Tiles may charge each different interest fee for the credit card payment method depends on the types of credit card. Please confirm with the sales manager or accountant prior to the purchase or proceed the payment.

11. DISCLAIMER

initialtilesandbathware.com.au does not provide warranties of any kind but is on an “as is” and “as available” basis.

11.1. Warranties are neither implied nor directly expressed. This includes, among other things, warranties regarding title, or implied warranties regarding merchantability of a product or its fitness for another purpose.
No written or orally conveyed information given by initialtilesandbathware.com.au, its officers, agents, employees, directors, third-party content providers, merchants, sponsors, licensers, nor its affiliates or the like shall constitute a warranty, neither should you rely on such information.
11.2. At no time shall initialtilesandbathware.com.au or any party involved in distributing, creating or producing initialtilesandbathware.com.au be held liable for any damages whether direct, indirect, or special that is a result of the use or inability to use initialtilesandbathware.com.au.
11.3. This includes damage caused by viewer reliance upon information obtained from initialtilesandbathware.com.au, or due to mistakes, deleted files or emails. This also includes damage due to interruptions, omissions, operational delays, performance failures, acts of God, theft, communications failure, destruction, or unauthorized access to initialtilesandbathware.com.au’s records, programs, or services.
11.4. By use of this site, you acknowledge that this paragraph applies to all content, services and merchandise available via initialtilesandbathware.com.au. However, in states that do not allow for the limitation or exclusion of liability for either consequential or incidental damages, liability will be limited to the fullest extent the law permits.
11.5. The information on this site may contain typographical errors or technical inaccuracies or may be updated or changed without advance notice. At any time, and without notice, initialtilesandbathware.com.au may change or improve the product or programs mentioned in this information.
11.6. initialtilesandbathware.com.au does not wish to obtain proprietary or confidential information via our website or email addresses. Therefore, please note that any information or material sent to initialtilesandbathware.com.au or its related email addresses, services, or sites will be considered NON-confidential.
11.7. initialtilesandbathware.com.au does not represent any other site which may be accessed via our site. Any site accessed that is not initialtilesandbathware.com.au is independent and initialtilesandbathware.com.au is not responsible for the content of that site. Moreover, links provided for non-initialtilesandbathware.com.au sites do not in any way imply that initialtilesandbathware.com.au guarantees or endorses the site or accepts any responsibility for the consequences of using the site.

12. THIRD PARTY CONTENT

12.1. initialtilesandbathware.com.au does not accept responsibility for editorial content provided on third-party sites. All information, offers, services, statements, advice, or opinions expressed by third parties including providers, licensors, sponsors, merchants or other users belong to the author or distributor themselves and not initialtilesandbathware.com.au nor any of its affiliates, officers, employees, or directors.
12.2. In addition, the accuracy, completeness, usefulness, merchantability or fitness for a particular purpose is not guaranteed by any third party, provider, sponsor, merchant, licenser, or other users of initialtilesandbathware.com.au. Often, the content available through initialtilesandbathware.com.au contains the views, judgments, and opinions of the provider, licenser, sponsor, merchant or user, not contracted by initialtilesandbathware.com.au.
12.3. initialtilesandbathware.com.au does not accept responsibility for nor endorse any opinion, statement, advice made on initialtilesandbathware.com.au other than those given by authorized initialtilesandbathware.com.au employees. At no time shall Iinitialtilesandbathware.com.au or its affiliates, officers, directors, agents, or employees be liable for any damage or loss due to a user’s relying upon information obtained through initialtilesandbathware.com.au.
12.4. The user has the responsibility to weigh up and evaluate any information, advice, or other content available through initialtilesandbathware.com.au.