Please read these terms and conditions carefully before accessing or using the information and services available through the Lithocraft Pty Ltd website. By accessing or using this site, you agree to be bound by the terms and conditions below. Lithocraft Pty Ltd ABN 84 784 718 051, the provider of this website may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and condition on the site. Lithocraft Pty Ltd also has a privacy policy that applies to users of the site. If you order a product from this site, your order will be subject to any terms and conditions stated to apply in respect of the supply of that product.

DISCLAIMER

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.

APPLICABLE LAW

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.

CONFIDENTIALITY

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:

• may be used by Lithocraft Pty Ltd, its agents and contractors in relation to the provision of material accessible on this site, including the marketing of those materials in accordance with the privacy and other relevant policies of Lithocraft Pty Ltd or any services agreement you have with Lithocraft Pty Ltd.

• may not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which make when using this site.

PRIVACY

Your use of the site is governed by those parts of the Lithocraft Pty Ltd Privacy Policy which apply to personal information that is sent to the site.

SECURITY

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:

• You have received a notice from us acknowledging receipt of your order; or

• You have received a request from us to confirm your identity or other details relating to your order; or

• Payment has been charged to your credit card.

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

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:

• are of acceptable quality (unless we made known to you the reasons why the goods may not be of acceptable quality before purchase, for example, by drawing any fault or defect to Your attention);

• fit for the purpose which we represented to you;

• fit for the purpose or task for which you acquired the goods, provided you made that purpose known to us before purchase;

• match the description, sample or demonstration model you were provided; and

• comply with any express warranty given in relation to 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:

• the replacement of the goods or the supply of equivalent goods;

• the repair of the goods;

• the payment of the cost of replacing the goods or acquiring equivalent goods; or

• the payment of the cost of having the goods repaired; and

in the case of services:

• the supply of the services again; or

• the payment of the cost of having the services supplied again.

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.

DELIVERIES

Below is some important information about how we deliver items to you:

• Lithocraft Pty Ltd only accepts orders for delivery in Victoria, New South Wales, Queensland, South Australia, Tasmania, Western Australia, the Australian Capital Territory or the Northern Territory.

• We cannot guarantee delivery times, so we only provide information about delivery times as a general guide. If you have a concern or think your delivery may have been misplaced, please call Lithocraft Pty Ltd, During Business Hours 5 days a week on 03 8366 0200.

• Whilst 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 within 2 business days

• Your items may also arrive in more than one parcel/delivery, depending on what you have purchased and the warehouse from which those items are being sent to you. We reserve the right to make part deliveries of any order. Failure to make a delivery of the total order shall not invalidate the contract of sale in relation to goods actually delivered.

• Deliveries are made from Monday to Friday, 9am to 5pm, excluding public holidays. Deliveries are not made on weekends

• Some deliveries may require a signature and a form of personal identification, depending on the courier company and/or the products purchased.

• If you are not home at the time of delivery, or you cannot provide reasonable proof of your identity, the courier we have chosen may leave a calling card in your mail box advising you to either pick up your parcel from a designated at your expense or book a convenient time for the parcel to be redelivered. If this happens, please collect your parcel or book a time for redelivery promptly.

• If the parcel remains uncollected after 10 business days, you do not book a time for re-delivery within that period or we reasonably determine that your order is not deliverable to your nominated delivery address due to the address provided being invalid or there is a lack of reasonable access to that address, Lithocraft Pty Ltd may cancel the contract and the relevant goods will be returned to Lithocraft Pty Ltd at your expense, and made available for sale to other customers. In those cases we will refund you the price you have paid for the goods, less any delivery and logistics handling charges.

• We will publish on our website the estimated delivery timeframes that apply to different types of goods and will endeavour to deliver the goods to you within the applicable timeframe. The published delivery timeframes are estimates only and do not form part of the contract. You are not relieved of your obligation to accept or pay for the goods because of any delay in delivery.

• We are not liable for any failure to deliver or delay in delivery for any reason beyond our reasonable control.

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:

• They have been damaged in transit and you have notified us of the damage in accordance with these terms and conditions or our Deliveries.

WAIVER

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.

GOVERNING LAW

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.