|TERMS AND CONDITIONS|
The information and pricing detailed on this site is updated regularly and every effort is made to ensure that it is up to date. However, any errors, omissions or irregularities on the site are non-binding on Lithocraft Pty Ltd and where errors, omissions or irregularities occur the information provided to you at the point of sale will take precedence over what has been provided on this site.
Lithocraft Pty Ltd makes reasonable efforts to ensure that the information contained on the Lithocraft Pty Ltd site is accurate. However it gives no warranty, representation or undertaking, express or implied, as to the accuracy, completeness or currency of the information on the site.
To the extent permitted by law, Lithocraft Pty Ltd and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content contained within the site whether or not this is caused by a negligent act or omission. To the extent that Lithocraft Pty Ltd is prohibited at law from excluding its liability, Lithocraft Pty Ltd and each party providing content, limits its liability to the extent permitted by law, to the resupply of the content. Lithocraft Pty Ltd does not accept responsibility for any liability in respect of access to other content through the use of this site
You agree to indemnify and hold Lithocraft Pty Ltd, its officers, agents, content providers, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of your use of the website, your breach of these terms and conditions or your violation of any rights of another user of the website.
BROWSER VERSION DISCLAIMER
The Lithocraft Pty Ltd website has been optimised for viewing with various browsers however we do not warrant that all browsers, or all versions of browsers, will work without error and you may need to try another browser if you are experiencing problems
TRADE MARKS AND COPYRIGHT
The trade mark Lithocraft Pty Ltd and all associated logos, trade names and get-up are owned exclusively by Lithocraft Pty Ltd. Other trademarks and identifying marks appearing within the website are the property of Lithocraft Pty Ltd or as otherwise indicated. You may not use any trade mark, logo or trade name displayed within the website except where incidental to the printing of a copy of the website as permitted by these terms and conditions, or with the prior written permission of the relevant owner.
The material on this site is protected by Australian and international intellectual property laws and is the property of Lithocraft Pty Ltd. You may only use and print copies of the content in the form in which it is displayed for your personal use, and must not modify, copy, reproduce, sell, frame, scrape, distribute to a third party or create derivative works from the site or any content in any way except as expressly permitted within the site or with the prior written permission of Lithocraft Pty Ltd, or remove any copyright or other proprietary notices. We reserve all rights in the site and the content not expressly granted to you under these terms and conditions.
You agree that your use and access to this site is governed by the laws of Victoria, Australia notwithstanding that you may gain access to the site from another place. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria in connection with disputes arising as a result of your use of the site. If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms, which will continue in full force and effect
This site may be accessed throughout Australia and overseas. Lithocraft Pty Ltd makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.
Lithocraft Pty Ltd does not guarantee that your use of this site will be confidential. Lithocraft Pty Ltd is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this site. Any information that you disclose on this site:
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. Lithocraft Pty Ltd is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Lithocraft Pty Ltd requests that you promptly report to it any unauthorised use of your password.
TERMS AND CONDITIONS FOR GOODS AND SERVICES
These terms and conditions apply to all orders for goods and services placed with Lithocraft Pty Ltd (ABN 84 784 718 051) by a customer ("you", "your") through the website at ("website"). By placing an order through the website, you agree to be bound by these terms and conditions. No variation to these terms and conditions will be valid unless Lithocraft Pty Ltd expressly agrees to the variation in writing. These terms and conditions do not apply to sales of goods or services if the website states that those goods or services are covered by different terms and conditions.
ORDER PLACEMENT; WHEN CONTRACT OF SALE IS FORMED
The depiction of goods or services on the website does not constitute an offer by Lithocraft Pty Ltd to sell them. No contract of sale is formed until you place an order for the relevant goods or services, and we notify you in writing (including by email to the email address specified by you) that your order has been accepted. Your order will not be taken to have been accepted merely because:
While we will endeavour to make sure all products listed on our website are currently in stock, if the item you ordered is not available or we cannot fill your order, we will notify you of this. If payment has been charged to your credit card at that time then Lithocraft Pty Ltd will refund the payment.
Lithocraft Pty Ltd reserves the right to accept or decline any order for any reason, or to require you to confirm your identity or provide additional information to allow us to process your order.
NO ALTERATION OR CANCELLATION OF ORDERS
Once you have placed an order, you cannot change it or cancel it without Lithocraft Pty Ltd’s express agreement. If we agree to alter or cancel your order, you must pay us any loss, damage, cost or expenses incurred by us in relation to the cancellation.
PRICES AND SPECIFICATIONS
Prices and other product information quoted on the website are subject to change from time to time without notice. The price of goods or services ordered by you will be the price quoted on the website (typically summarised in the 'ShoppingCart' page on the website) at the time you place your order.
All prices quoted on the website are in Australian dollars and exclusive of Australian Goods and Services Tax ("GST"). If you are not an Australian resident, you may be liable to pay additional tariffs, duties or other taxes in connection with your order. Lithocraft Pty Ltd is not responsible for the payment of those additional taxes, charges, or duties and you must reimburse us for them on demand if we are required to pay them.
When placing an order through the website the price of the goods at the point of sale will not include delivery costs.
Any images, dimensions or other specifications or particulars published on the website in connection with goods or services are provided by way of identification only and are subject to change without notice. The use of that information does not constitute a sale by description.
Payment is due immediately upon placement of your order. When placing an order with Lithocraft Pty Ltd, you must provide us with your valid credit card number and any other information we request through the website to enable us to process your order. We will charge your credit card at the time your order is placed with us. Lithocraft Pty Ltd will refund payments received from you in relation to your order if for any reason the order is not accepted by us or the goods are not despatched within reasonable time after the placement of your order.
You warrant that any credit card details provided by you are true and correct and that you are authorised to charge the relevant payment to that credit card. You must indemnify Lithocraft Pty Ltd from and against any loss or damage it suffers in connection with a breach of this warranty.
applicable GST in addition to the consideration for the supply of the relevant goods and services. If you believe that your order is exempt from GST, you should contact Lithocraft Pty Ltd on 03 8366 0200.
WARRANTIES AND LIABILITY
The Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) provides consumers with certain 'consumer guarantees'. These guarantees apply where the goods and services we supply to you are of a kind ordinarily acquired for personal, domestic or household use or cost less than $40,000, and in the case of goods, are not re-supplied by you. With respect to goods, these guarantees include a guarantee that the goods:
With respect to services, these guarantees include that: the services will be rendered with due care and skill; the services and any product resulting from the services will be fit for the purpose or task for which you acquired the services or the result you expected the services to achieve, provided you made the purpose or result known to us before purchase; and if a time is not specified for completion of the services, the services will be supplied within a reasonable time.
These guarantees give you rights against us that we cannot limit or exclude, subject to the limitation of our liability below. For example, if a failure to meet a guarantee is a major failure, then in relation to goods and depending on the circumstances, you may be entitled to a replacement or refund and in relation to services, you may be entitled to terminate the contract and obtain a refund. If a failure does not amount to a major failure, you are entitled to ask us to remedy the failure. In this case, we are able to choose how to remedy the failure, including by repairing or replacing goods. This paragraph is only intended to provide some examples of the rights you may have against us. It is not an exhaustive statement of the circumstances in which you may be entitled to a remedy under the Australian Consumer Law.
Where the goods or services supplied to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a guarantee (other than liability for guarantees as to title, undisclosed securities and undisturbed possession in relation to goods supplied to you, which we cannot limit) is limited to doing one or more of the following:
in the case of goods:
in the case of services:
We cannot limit our liability as above if you establish that it would not be fair or reasonable for us to do so. Except as provided above, nothing in your agreement excludes, restricts or modifies rights which you have under the Australian Consumer Law in respect of the consumer guarantees.
Below is some important information about how we deliver items to you:
GOODS DAMAGED IN TRANSIT
You must inspect your goods at the time of delivery. We will replace any goods that have been damaged in transit, provided that you notify us that that has happened within 48 hours after receiving the goods (or collecting them from our chosen carrier, where applicable). If you do not notify us of the damage within that 48 hour period, the relevant goods will be taken to have been received in good condition and we will not be liable for, and you will waive any claims in respect of, any damage that may have occurred in transit.
To notify us of goods damaged in transit, you must call Lithocraft Pty Ltd on 03 8366 0200. We will then make arrangements to collect the goods from you or send you a prepaid envelope to return the goods to us. You must then return the goods to us along with your proof of purchase and delivery documents, and all packaging, CDs, manuals and accessories supplied with the goods in their original condition.
RETURNS AND REFUND POLICY
Lithocraft Pty Ltd will not accept a return or offer a refund in respect of any goods unless:
Failure by us to insist on strict performance of any term or condition of the contract will not be taken as a waiver of it or of any of our rights and no waiver will be taken as a waiver of any subsequent breach of any term or condition.
The laws of Victoria, Australia govern these terms and conditions and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria.