Privacy Policy

Overview
The collection of personal information about individuals by organisations is governed by the Privacy Act 1988 (the Privacy Act) which contains a national scheme for the collection, use, correction, disclosure and transfer of personal information by organisations in the private sector.

Protecting customer privacy is very important to us. As part of our commitment to ensuring the safety of our customer's private and confidential information and as a way to ensure our compliance with the Privacy Act, we have implemented a Privacy Policy (the Policy).

Scope
The Policy applies to Australian Ceramic Imports Pty Ltd T/A Nerang Tiles regarding personal information that we may collect, use or disclosure through the web pages at www.nerangtiles.com.au (Site). 

Purpose
The Policy explains our policies and procedures for collecting and managing personal information we might collect from you. The Privacy Act requires us to handle your personal information in accordance with the Australian Privacy Principles (APPs). Those Principles and our approach to those Principles are set out below.

Collection
We may collect the following types of personal information

• name;
• mailing or street address;
• email address;
• telephone number;
• facsimile number;
• bank account and credit card information;
• age or birth date;
• profession, occupation or job title;
• details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
• any additional information relating to you that you provide to us directly through our Site or indirectly through use of our Site or online presence, through our representatives or otherwise; and
• information you provide to us through our representatives from time to time.

How do We Collect Personal Information?
We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

• through the Site;
• during conversations between you and our representatives; or
• when you complete an application or order form.

We may also collect personal information from third parties including from marketing services providers, credit reporting agencies, law enforcement agencies and other government entities.

Aggregate Information
From time to time, we may collect general, non-personal, statistical information about the use of our Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.

• Information Collected by Automated Means - Whenever you use the Site, we, as well as any of our third-party advertisers and/or service providers, may use a variety of technologies that automatically collect information about how the Site is accessed and used ( Usage Information). Usage Information may include, in part, browser type, operating system, the page served, the time, how many users visited the Site, and the websites you visited immediately before the Site. This statistical data provides us with information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they "click" on. Usage Information helps us to keep the Site fresh and interesting to our visitors and to tailor content to a visitor's interests. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
• Device Identifiers - In the course of collecting Usage Information we may also collect your IP address, MAC Address or other unique identifier (each a Device Identifier) for the computer, mobile device, Wi-Fi card, or other technology (collectively Device) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers. Our computers identify your Device by its Device Identifier. When you visit the Sites, we may view your Device Identifier. We use this information to identify repeat visitors to our Site. We also may use this information to send you targeted advertisements and to enhance the Site. We may associate your Device Identifier with your Personal Information.

The technologies used on the Site, including Device Identifiers, to collect Usage Information may include, without limitation:

• Cookies - Cookies are data files placed on a Device when it is used to visit the Site. We may use cookies to collect and store certain information about you. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them).
• Web Beacons - We may also include web beacons (also known as web bugs, Internet tags, pixel tags, tracking pixels and clear GIFs) with the content and ads that we deliver to you, which we will use to collect information regarding your interaction with our content and ads. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.

Cookies and web beacons (together Site Cookies) may enable us to track and target the interests of our users to enhance the experience on our Site, track user actions/behavior on our Site and track the effectiveness of ads.

How Do We Use Your Information?
We will use your information to respond to you regarding the reason you contacted us. We will also use your information as follows:

• Registration - A user may need to first complete a registration form in order to use the Site. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our Site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
• Orders - We may request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this contact information to contact you.
• Surveys and contests - From time-to-time, our Site may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site.
• Customer Service - Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this Policy.
• Chat – Our Site may use chat functionality to enable direct communication with you through our Site. We will primarily use such information to assess your needs and to gain your contact information so that we may contact you to further discuss our products and/or services.

What happens if we can't collect your personal information?
If you do not provide us with the personal information described above, some or all of the following may happen:

• we may not be able to provide the requested products or services to you, either to the same standard or at all;
• we may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions; or
• we may be unable to tailor the content of our Site to your preferences and your experience of our Site may not be as enjoyable or useful.

Do We Share Your Personal Information?
We will not trade, rent, share or sell your Personal Information to third parties, unless you ask or authorise us to do so. Unless you ask or provide your consent to do so, we will not share your Personal Information with any third party outside of our organisation, other than with our service providers, including as necessary to fulfill your request, e.g. to ship an order. Only employees who need the Personal Information to perform a specific job (for example, billing or customer service) are granted access to Personal Information. The computers/servers in which we store Personal Information are kept in a secure environment.

We may share aggregated demographic information with our partners and advertisers. This is not linked to any Personal Information that can identify any individual person.

We will disclose Personal Information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our policies; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site or third parties. In addition, if Nerang Tiles or all of its assets are acquired, all of the data collected by us through the Site and through other means and services provided by us would be among the transferred assets.

Your Privacy Rights -- Access to and Control Over Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. If you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the email address or phone number given on our Site. We do not charge for this service, and your opt-out request will be processed within 30 days of the date on which we receive it.

You can do the following at any time by contacting us via the email address or phone number given on our Site:

• See what personal information we have about you, if any.
• Change/correct any Personal Information we have about you.

• Have us delete any Personal Information we have about you.

• Notify us if you do not want us to share your Personal Information for marketing and promotional purposes.

How to Opt-Out of Targeted Advertising
You can set most web browsers to notify you if you receive a cookie, or you may choose to block cookies, though either of those actions may affect the use of our Site. If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices/. Please note that even if you choose to remove your information (via opting out), you will still see advertisements while you are browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies' pages where you can opt-out of receiving targeted advertisements from companies.

Does This Policy Apply to Other Websites Linked To Or From the Site?
The Site may contain links to other websites. Any Personal Information you provide on linked pages or sites is provided directly to that third party and is subject to that third party's privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to or from the Site. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.

Do we disclose your personal information to anyone outside Australia?
We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

What Steps Do We Take To Protect Your Information?
We take measures designed to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We provide physical, electronic, and procedural safeguards to protect Personal Information we process and maintain. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of Personal Information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused.

Miscellaneous
This Policy and the privacy practices of Nerang Tiles will be subject exclusively to the laws of the State or Territory of Queensland. Nerang Tiles makes no representation that this Policy and our practices comply with the laws of any other country or jurisdiction. Users of the Site who reside outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Questions?
If you have any questions about this Policy, please contact us at 83 Lawrence Drive, Nerang, QLD 4211, 07 5518 7156.

Warranty 

1. Warranty
   
   1. Nerang Tiles goods come with guarantees that cannot be excluded under the Australian Consumer Law. All first quality tiles sold by Nerang Tiles are covered by this Warranty for invoices dated from 1 January 2022.
      
   2. This Warranty once issued is non-transferrable. Therefore the Warranty will expire should the purchaser dispose of the property in which the tiles have been installed. To avoid doubt all subsequent purchasers acquire the goods “as is”.
      
   3. Except as stated herein, no other warranty, express or implied is provided, including any warranty of fitness for a particular purpose or any warranty relating to installation of tiles. No retailer, builder, specifier, architect, installer, manufacturer, dealer, distributor, agent or employee has authority to increase the scope or alter the terms or coverage of this Warranty.
      
   4. Nerang Tiles warrants that, under normal domestic conditions and with proper maintenance in accordance with the manufacturer’s instructions, all first quality tiles will be free from defects due to defective factory workmanship. The manufacturing defect (such as warping, cracking, crazing, fading, expansion and contraction) must appear within 10 years from the date of tile installation.
      
   5. This Warranty only applies to first quality tiles and excludes natural stone and fabricated special pieces such as nosing, treads and custom made mosaics / tiles.
      
   6. This Warranty only applies to first quality tiles where the tiles are used for normal domestic applications. The Warranty excludes commercial developments and commercial applications, including but not limited to restaurants, unit developments, retail stores, or any other commercial establishments.
2. Governing Law
   1. The benefits conferred by this guarantee are in addition to, and not in substitution for, any other rights and remedies given to consumers in relation to goods under the Competition and Consumer Act 2010 and are subject to the following terms and conditions.
3. Acceptance of a defect
   1. All goods are to be checked prior to installation to ensure they are:
      1. in good condition and free from defect;
      2. fit-for-purpose in accordance with the relevant legislation and Australian Standards;
      3. match the goods ordered;
      4. of same shade (batch) and caliber.
   2. Defective or mixed shade (batch) or caliber goods should not be installed under any circumstances. Once the tradesperson or installer has commenced installation, they have accepted liability for the quality of the goods.
4. Limitation
   1. Nerang Tiles accepts no responsibility for claims arising from poor or inappropriate tile installation. Tiles must be fixed in accordance with the relevant manufacturer’s installation instructions and/or AS3958 (2007) “Guide to the Installation of Ceramic Tiles”. This guarantee does not cover any failure of the tiling system where the application of any of the substrate materials (such as adhesives, primers etc), or the installation of the tiles is not carried out in accordance with the manufacturer’s instructions and/or AS3958 (2007). This warranty will not cover situations where it cannot be satisfactorily demonstrated that the appropriate materials, and applications have been used.
   2. No claims will be accepted where a good that does not suit the consumer’s intended purpose has been fixed. It is the sole responsibility of the consumer to confirm the suitability of the goods for the intended purpose prior to ordering the goods. Nerang Tiles does not guarantee and makes no warranties about the appropriateness of the goods for any particular purpose or location. Consumers must form their own independent view by seeking professional advice specific to their circumstances from the relevant authority or suitably qualified experienced persons.
   3. This warranty does not cover variations in colour, shade, pattern, veining or surface finish of natural goods such as marble tiles.
   4. Consumers are advised to purchase a minimum of 5%-15% additional quantity to allow for tiles which are damaged during or after installation. Nerang Tiles does not guarantee the availability of replacement tiles of the same colour, batch, type or pattern after the time of purchase. Nerang Tiles does not accept liability for colour matching or blending of replacement or matching tiles.
   5. These goods will by their nature not be uniform. Manufactured tiles may exhibit a degree of variation. Samples displayed and or provided are indicative only and will not necessarily match the tiles installed. All minor variations from the master sample or display items are normal and not considered warranty defects.
   6. All ceramic and porcelain tiles are slippery when wet. Liability will not be accepted for accidents due to inappropriate tile selection, maintenance or carelessness.
   7. Regular cleaning and maintenance must be adhered to, otherwise this warranty is void.
   8. Nerang Tiles will not accept claims for any defects, wrongly supplied tiles or batch of tiles were these issues should have been reasonably noticed prior to installation. This warranty does not cover damage caused by structural movement, normal wear and tear, damage or defects caused by incorrect installation, water damage, lack of proper maintenance, accidents, abuse or misuse.
   9. It is the consumer’s responsibility to satisfactorily demonstrate that substrate materials and installation materials are fit for purpose.
5. Liability
   1. To the maximum extent permitted by law:
      1. in no event shall Nerang Tiles liability to any claim or warranty event exceed the aggregate amount Nerang Tiles received upon sale of the defective tiles at issue; and
      2. this warranty document and Nerang Tiles’ liability is limited to and is to be read in conjunction with Nerang Tiles’ Terms and Conditions of Sale.
   2. If Nerang Tiles chooses to replace or repair warranted tiles, the warranty replacement or repair is limited to replacing, resupplying or repairing only those specific tiles that are defective rather than replacing the entire tiled area or tile order.
6. How to make a claim
   1. To make a claim under this warranty, the consumer must:
      1. make a claim within one month of the date upon which the defect first became known or first should have been discovered by the consumer, whichever is earliest, and not exceed the warranty period specified by the importer.
   2. Use the Contact Form via https://www.nerangtiles.com.au/contact.html, providing evidence of:
      1. Purchase Date, Invoice Number and Product Code to which the defective goods relate to;
      2. Identity of the original purchaser by supplying a copy of the purchaser’s drivers licence;
      3. The date and location of when and where the tiles were installed;
      4. Images of the defective tiles at different angles;
      5. Images of the defect at different angles; and
      6. Identity of the person or firm and credentials of who performed the installation.
   3. Without this proof, the warranty will not be considered.
7. Costs of claim
   1. All costs of claiming under this warranty are to be borne by the person making the claim. If Nerang Tiles determines that the claim is not valid, Nerang Tiles may seek reasonable costs from the claimant for any labour, materials and travel costs incurred in assessing the claim.
8. Condition of acceptance
   1. Where the Warranty Claim is accepted, Nerang Tiles will, at its sole discretion, either repair or replace any defective goods or part thereof with a new or re manufactured equivalent during the Warranty Period at no charge to you for the goods. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

Terms and Conditions of Sale

Definitions

1. Seller means any person acting on behalf of and with the authority of Australasian Ceramic Imports Pty Ltd trading as Nerang Tiles.
2. Buyer means the buyer or any person acting on behalf of and with the authority of the Buyer as described on any quotation, order, invoice or other form as provided by the Seller to the Buyer.
3. Guarantor means person(s) who accepts liability for the debts of the Buyer on a principal debtor bases.
4. Goods means all Goods supplied by the Seller to the Buyer and where the context permits includes the supply of Services as described on any written communication provided by the Seller to the Buyer.
5. Services means services supplied by the Seller to the Buyer.
6. Price means the price payable for Goods inclusive of applicable taxes in accordance with these Terms and Conditions of Sale (Terms).
7. Delivery means supply of Goods or Services to the Buyer as described in these Terms.
8. Account Buyer means an approved Buyer that has specific payment terms.
   

General

1. Orders are accepted subject to the following Terms and the placing of an order with the Seller is deemed to be acceptance of these Terms by the Buyer. No variation or modification of, or substitution for, these Terms will be binding unless expressly accepted by an authorised officer of the Seller in writing.

The Competition and Consumer Act (CCA) and Fair Trading Acts (FTA)

1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or FTA in each State and Territory of Australia, except where permitted.

Prices and Terms of Payment

1. Subject to these Terms the price will be as indicated on quotes, orders or invoices provided by the Seller to the Buyer in respect of Goods and Services.
2. All prices given in quotations are provisional only until the order has been accepted by the Seller. Prices are based upon the costs of materials, labour, fuel, transport and overhead expenses current at the date of the quotation and may be varied by the Seller at any time either before or after acceptance of the order to correspond with any variation in such prices or costs which may occur at any time before delivery of the order to the Buyer is completed. All prices shown in price lists, writing or on display are subject to alteration without notice.
3. The Seller reserves the right to change the price in the event of variation to the Buyer’s quotation.
4. Prices quoted verbally or in writing other than on a quote or invoice to the Buyer are indicative only.
5. Full payment on any order or invoice is due and payable before Goods are ordered or allocated to a Buyer unless the Buyer is an Account Buyer.
6. Account Buyers must pay in full any order or invoice within thirty (30) days of the order or invoice issue date regardless if delivery has occurred.
7. Account Buyers must submit a written purchase order to the Seller before Goods are allocated or ordered.
8. Payment must be made in Australian Dollars by cash, cheque, direct credit or by any other method approved by the Seller.
9. Payment is made when the Seller receives confirmation by its credit authority that the transaction is approved or funds are cleared, honoured or recognised into the Seller’s nominated bank account.
10. GST, other taxes and duties that may be applicable will be added to the price except where expressly included.

Default and Consequences of Default

1. Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month (and at the Seller’s sole discretion such interest will compound monthly at such a rate) after as well as before any judgment.
2. If the Buyer’s payment is dishonoured, the Buyer is liable for any dishonour fees incurred by the Seller.
3. If the Buyer defaults in payment, the Buyer will indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including solicitor’s legal costs and the Seller’s collection agency costs.
4. Without prejudice to any remedies the Seller may have, if at any time the Buyer is in breach of any obligations (including those relating to payment) the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the Terms. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
5. Without prejudice to the Sellers other remedies at law, the Seller will be entitled to cancel all or part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller will, whether or not due for payment, become immediately payable in the event that:
   1. any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
   2. the Buyer becomes insolvent, convenes a meeting or proposes or enters into an arrangement or makes an assignment for the benefit of its creditors; or
   3. a receiver, manager, liquidator (provisional or otherwise) or similar person appointed for the Buyer or any asset of the Buyer.

Storage

1. Goods not delivered or collected within four (4) weeks of the order or invoice date incur a $50.00 per pallet fee per week due and payable before collection or delivery.

Risk

1. The Buyer is responsible to ensure before ordering that:
   1. Goods are fit for purpose and suitable for the application intended;
   2. an adequate quantity of Goods has been ordered; and
   3. Goods are an acceptable quality, material, colour, shade, size and finish for the application intended.
2. The Seller excludes all representations, warranties, advice and information provided by the Seller verbally, in writing or through any of its published content. Such representations are a guide only and are not to be construed as current professional advice or a formal recommendation.
3. The Buyer must seek professional advice through their local Builder’s Association for specific, current and individual application.
4. If the Seller retains ownership of Goods, all risk for Goods passes to the Buyer on delivery.

Specifications

1. All specifications, images and particulars of weights and dimensions are approximate only.
2. The Seller provides slip rating classifications based on a slip test report specific to a Good’s batch as a guide only. Goods may achieve specific slip ratings in a laboratory test that are to be construed as indicative only. A Good’s slip rating can differ to its report and degrade due to grouting, wear and tear, floor levels, contaminants or any other unforeseen circumstances.
3. The Seller is not responsible for the suitability of any Goods within the installed environment.
4. The Buyer agrees to indemnify and hold the Seller harmless from and against any and all claims, losses, damages, costs, judgements, expenses and liabilities of any kinds (including, without limitation, reasonable legal fees) whether for personal injury, profit loss, financial loss or property damage, arising out of or in connection with information pertaining to Good’s slip resistance ratings or use of Goods in the Goods present form or processed or combined with other materials into another form.
5. Samples and displays of Goods are an indication of colour and shade only and Goods supplied may differ due to the inherent characteristics of tiles. The Buyer acknowledges and understands current batch samples of Goods are available to order from the Seller.
6. Descriptions are for identification only and should not be construed or relied upon as a representation or warranty that Goods will conform to that description.

Packing

1. The Buyer is responsible for costs of any special packing and packing materials for Goods, even if that cost was omitted from any quotation, order or invoice.

Shortage

1. The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within twenty four (24) hours from the date of receipt of Goods by the Buyer.
2. The Buyer agrees to indemnify and hold the Seller harmless from and against any and all claims, losses, damages, costs, judgements, expenses and liabilities of any kinds (including, without limitation, reasonable legal fees) whether for personal injury, profit loss, financial loss or property damage, arising out of or in connection with a shortage of Goods.
3. The Seller does not guarantee availability of Goods of the same batch, size, colour or finish.

Title

1. Ownership of Goods will not pass until the Buyer has paid the Seller all amounts owing for Goods including any other obligations due by the Buyer to the Seller.
2. Goods will be kept separate and identifiable until the Seller receives payment from the Buyer.
3. If an Account Buyer fails to pay for Goods and does not return Goods to the Seller then the Account Buyer gives the Seller permission to enter the premises owned, occupied or used by the Buyer or any premises where Goods are situated and take possession of Goods.
4. The Buyer is a bailee of Goods until the Seller has received payment in full for Goods. The Buyer will hold any proceeds from the sale of disposal of Goods, up to and including the amount the Buyer owes to the Seller for Goods on trust for the Seller.
5. The Seller can issue proceedings to recover the price of Goods ordered or invoices notwithstanding ownership of Goods may not have passed to the Buyer.

Characteristics of Goods

1. The Buyer acknowledges and understands that Goods:
   1. which are tiles may contain, display or be subject to one or more of the following natural characteristics inherent in tiles: crazing, spots, specks, blemishes, optical effects like hazing and smudging at varying light sources and angles, variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and/or finish, and/or may fade or change colour overtime;
   2. which are tiles that display or contain any one or more of the characteristics referred to above are not defects or of unacceptable quality by reason of those characteristics. No claims whatsoever will be accepted by the Buyer for inherent characteristics of Goods which are tiles; and
   3. which are natural stone and/or terracotta are natural products subject to variation in colour, size, veining and finish. The Seller is not liable for any such variations.

Acceptance

1. The Buyer must inspect Goods on receipt and within twenty four (24) hours (time being of the essence) of the delivery date or collection from the Seller, notify the Seller of any alleged defect, quantity shortage, damage or failure to comply with the order or invoice via the Claim Form at https://www.nerangtiles.com.au/nerang-tiles-customer-claim-form.html and email the Claim Form via the Contact Us page at https://www.nerangtiles.com.au/contact.html.
2. If the Buyer fails to notify the Seller in accordance with the above, Goods are deemed to be free from any defect or damage and accepted for correctness and quality.
3. The Buyer must afford the Seller an opportunity to inspect Goods within a reasonable time following delivery or collection if the Buyer believes Goods are defective. Claims for defects are subject to supplier approval.
4. The Buyer agrees and acknowledges the act of installation, alteration and or use of Goods constitutes the Buyer’s full and unconditional acceptance and approval of the quality and correctness of Goods.

Delivery

1. At the Seller’s sole discretion delivery of Goods takes place when:
   1. the Buyer takes possession of Goods at the Buyer’s nominated address (in the event that Goods are delivered by the Seller or it’s nominated carrier as specified on the order or invoice); or
   2. when the Buyer or any other person(s) acting on behalf of the Buyer collects Goods from the Seller.
2. Any delivery dates or times given by the Seller are approximate only.
3. The Buyer agrees to indemnify and hold the Seller harmless from and against any and all claims, losses, damages, costs, judgements, expenses and liabilities of any kinds (including, without limitation, reasonable legal fees) whether for personal injury, profit loss, financial loss or property damage arising out of or in connection with a delay in the supply or re-supply of Goods from any cause whatsoever.
4. The Seller is not liable for any loss, injury, expenses or damages consequent from any cause whatsoever that occurs during the act of delivery.
5. Goods are sold ex-store and transported at the Buyer’s risk and expense.
6. Where delivery is itemised on the order or invoice, Goods are only delivered to the Buyer’s nominated address within 5 metres of the delivery vehicle on the ground floor, curb side, basement level or an area deemed safe by the carrier subject to accessibility.
7. Delivery of Goods to a carrier either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer is deemed to constitute delivery. The carrier is deemed to be the Buyer’s agent.
8. The Buyer will make all arrangements necessary to take delivery of Goods at the time of delivery.
9. In the event the Buyer is unable to take delivery of Goods, re-delivery fees apply.
10. If the Buyer cancels delivery during or within 24 hours of the expected delivery date then the delivery fee is payable plus a re-delivery fee.
11. Split or partial deliveries incur additional fees.
12. The Buyer will take delivery of goods tendered notwithstanding the quantity so delivered will be either greater or lesser than the quantity purchased.
13. The failure of the Seller to deliver will not entitle either party to treat this contract as repudiated.
14. Where the Buyer or the Buyer’s carrier collects Goods from the Seller, the Buyer is responsible for:
    1. ensuring Goods are reasonably packed, loaded and transported in accordance with any and all relevant laws including the Queensland Load Restraint Requirements;
    2. the vehicle is suitable to carry the weight of Goods;
    3. ensuring the vehicle is a flatbed tray styled vehicle for pallet forklift loading; and
    4. any loss or damage caused to Goods, the vehicle or other vehicles or persons while loading or transporting Goods.

Returns & Cancellations

1. The Seller does not accept returns or cancellations for change of mind, Buyer error or excess quantities.
2. The Seller may at its sole discretion accept the return or cancellation of Goods for credit. If the Seller accepts a return or cancellation, the returned or canceled Goods:
   1. will be subject to a twenty percent (20%) handling and restocking fee of the returned or canceled Goods value plus, if required, freight costs to return Goods to the supplier. The Buyer accepts these charges are reasonable; and
   2. must be returned in the condition in which they were delivered or collected and with all packaging material, brochures and instruction material in as new condition as reasonably possible.
3. Goods that are made to order, altered or machined cannot be canceled or returned.
4. The Seller may cancel or reduce in quantity any contract that these Terms apply to or cancel delivery of Goods any time by giving written notice to the Buyer. On giving such notice, the Seller will repay to the Buyer any sums paid in respect of the value of Goods or delivery paid. The Seller will not be liable for any loss or damage whatsoever arising from such cancellation.

Warranty

1. Goods are warranted to the extent provided by the manufacturer of Goods. The Seller will not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of Goods.

Intellectual Property

1. Where the Seller has provided the Buyer with any designs or other documentation that can be reasonably presumed to be copyright material, that material will remain vested in the Seller and used by the Buyer to the extent permitted by the Seller.
2. The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller for any such infringement.

Indemnity

1. The Buyer agrees to indemnify the Seller and its directors, officers, employees and agents and hold the Seller harmless from and against any and all claims, losses, damages, costs, judgments, expenses and liabilities of any kind (including, without limitation, reasonable legal fees) whether for personal injury, profit loss, financial loss or property damage, arising out of or in connection with the Buyer’s purchase, marketing, distribution or use of Goods in the Good’s present form or as processed or combined with other materials into another form.
2. The Seller is not liable for any aspect of installation or works beyond the sale of Goods including but not limited to defective, negligent or inadequate installation or damage to Goods by a third party or the Buyer.
3. The Seller is under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these Terms.
4. The Seller is not liable for any damage to Goods or property arising or in connection with delivery or collection of Goods.
5. In the event of any breach of this contract by the Seller the remedies of the Buyer will be limited to damages which under no circumstances will exceed the price of Goods.
6. The failure by the Seller to enforce any provision of these Terms will not be treated as a waiver of that provision nor will it affect the Seller’s right to subsequently enforce that provision.

General

1. If any provision of these Terms will be invalid, void, illegal or unenforceable, the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
2. These Terms and any contract to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

Privacy Act 1998

1. Personal information collected, used or disclosed is treated as confidential and in accordance with the Privacy Act 1988. The Buyer and/or the Guarantor’s (herein referred to as the Buyer) agree for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.

Contact

1. Email: https://www.nerangtiles.com.au/contact.html | Phone: (07) 5596 1916 | Address: Unit 1/83 Lawrence Drive Nerang QLD 4211​

​Transport Safety Guidelines

Unsecured loads on heavy vehicles can pose significant danger to road users. The law requires all people involved in the operation of a heavy vehicle to ensure that it is loaded safely and securely.

The law states that the load on any vehicle must:

• be loaded in a way that does not make the vehicle unstable or unsafe;
• be secured so that it is unlikely to fall or dislodge from the vehicle; and
• be restrained by an appropriate method.

The National Transport Commission has published a guide which provides guidelines and advice to assist in complying with the load restraint requirements. The guide is called Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition.

Please read the Restraint Guide from the National Transport Commission Website or ask a Nerang Tiles staff member for a copy.
Nerang Tiles endeavours to pack and load all goods for safe transport. Consumers using their own transport methods take full responsibility for ensuring the goods are safe and securely packed and loaded in accordance with the Queensland Load Restraint Requirements and any other laws or regulations.

If you are driving a vehicle that is carrying a load, or towing a trailer that is carrying a load, you have to make sure that the load is restrained properly. Load restraint is not just about making sure that the load does not come off —it is also about making sure that the load does not shift in a way that makes the vehicle unstable or unsafe.

Under the Queensland Load Restraint Requirements, any load carried on or in your vehicle or trailer must:

• not be placed in a way that makes your vehicle unstable or unsafe;
• be secured so it won’t move in any way that makes your vehicle unstable or unsafe;
• be secured so it does not fall from your vehicle while driving—including driving consisting of emergency braking or turning suddenly;
• not project from your vehicle in a way that is likely to injure a person, obstruct the path of other drivers or pedestrians, or damage another vehicle or anything else; and
• be restrained using an appropriate load restraint method.

Unless otherwise specified in writing, Nerang Tiles will not be liable in tort or contract or otherwise for any loss or damage to or failure in consignment or delay in the delivery of any goods, either in handling, packing, transit or storage and whether caused by Nerang Tiles negligence, wrongful act or default or by any other cause whatsoever. Nerang Tiles will also be under no liability for loss, damage, or injury to any person, property or thing during the provision of the goods, nor for any loss consequently or otherwise arising from any such loss, damage or injury, whether caused by Nerang Tiles negligence, wrongful act or default or by any other cause whatsoever. Consumers accept full responsibility and liability for the safe and secure packing, loading and transit of goods and to ensure such goods for transit meet the Queensland Load Restrain Requirement.

Nerang Tiles is an award winning tile showroom on the Gold Coast with over 25 years of experience in delivering quality porcelain and ceramic floor tiles and wall tiles with the highest level of customer service achievable. Nerang Tiles is committed to protecting customer privacy and ensuring the best possible outcome for customer that Nerang Tiles can manage. We look forward to working alongside each customer in selecting, designing and delivering incredible floor tiles or wall tiles to achieve their dream design.

Important Information Regarding your Purchase of Tiles

Below is important information about your order. Please ensure you read this information before laying your tiles.

Checklist

• I have read the Terms and Conditions of Sale available online at www.nerangtiles.com.au.
• I have confirmed that the correct quantity, batch, size, colour, finish and shade of products have been ordered on my Tax Invoice and inquired/inspected if there is any product variation.
• I have confirmed that the information on my Tax Invoice is correct.
• I have had reasonable time and opportunity to  or decided not to review a current batch sample of goods on my Tax Invoice.

Collecting Your Order From Nerang Tiles

1. You will receive a text message from Nerang Tiles when the order is ready for collection.
2. Present your Tax Invoice to front desk to collect your order.
3. Full payment is required before collection.

Please make sure you have adequate transport and assistance to freight the order. Some products are heavy and are required by law to have adequate transport. 

Have Your Order Delivered?

1. You will receive a text message from Nerang Tiles when your order is ready for dispatch.
2. Please phone (07) 559 619 16 to book delivery a minimum of 7 days before required.
3. Full payment is required before delivery.

BEFORE TILES ARE LAID – CHECK THEM
Prior to laying tiles the tiler, builder or home owner must:

• Inspect the tiles for defects.
• Inspect that the correct quantity, colour, shade, size and batch of product has been received.

During Laying

• Mix tiles from several boxes to ensure blending of any inherent shade variation.
• Always clean any adhesive, grout and wax from surface of products.
• If sealing is required, ensure the product is thoroughly cleaned and dried prior to sealing.

STORAGE
Nerang Tiles extends the courtesy allowing four weeks to collect your order. However due to limited space, after one (1) calendar month a $50.00 per week fee per pallet space will apply and is payable on collection or before delivery of your order.

RETURNS AND REPLACEMENTS
Before Laying
Goods must be inspected within 24 hours of collection or delivery for correctness or damage and Nerang Tiles notified
via the Contact Form at https://www.nerangtiles.com.au/contact.html. No claims for damages were customer collects.

Returns for defective goods must be returned within 7 days of your Tax Invoice subject to the Terms and Conditions and
AS ISO 13006 which define the acceptable variation and imperfections allowable with goods.

Nerang Tiles cannot guarantee replacement goods of the same batch.

A 20% restocking and handling fee plus freight fee may apply for returns and cancellations.

After Laying
We will not accept any claims for replacement, repair or reimbursement once tiles have been laid if that claim is for
defects, batch variation, incorrect delivery or any other faults that should reasonably been obvious before laying.
​
It is the responsibility of the tiler, builder or homeowner to check tiles before laying. If there is any concern regarding
the quality, size, colour, shade or variation of the batch received, the tiles must NOT be laid. If a defect is discovered
during tile installation, work must STOP and Nerang Tiles must be contacted on (07) 55 961 916.

​Payment of a quote, order or invoice is deemed acceptance of the Nerang Tiles Terms & Conditions of Sale
available in store and online.

Website Terms of Use

This website (Site) is operated by Australasian Ceramic Imports T/A Nerang Tiles ABN 87056506113 (we, our or us).  It is available at: www.nerangtiles.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

• anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using our Site to defame, harass, threaten, menace or offend any person;
• interfering with any user using our Site;
• tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
• using our Site to send unsolicited email messages; or
• facilitating or assisting a third party to do any of the above acts.

​Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

• copy or use, in whole or in part, any Content;
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
• breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

• you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

• they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
• access will be uninterrupted, error-free or free from viruses; or
• our Site will be secure. You read, use and act on our Site and the Content at your own risk.

The information on this website is intended to provide general information only on the various goods and services that may be available in the tile industry and at Nerang Tiles. Nothing on this website is intended to provide professional advice or to be relied upon as binding in any dispute, claim, action, demand or proceeding.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.  

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:
Australasian Ceramic Imports T/A Nerang Tiles ABN 87056506113
Contact Form: https://www.nerangtiles.com.au/contact.html
​
Last update: 21 February 2019

Slip Test and Tile Characteristics

We provide Slip Rating classifications as a guide only, based on a slip test report specific to a product's batch. We have no information on the ultimate environment in which the product will be installed. We are not responsible for the suitability of the product within the installed environment.  

Products may achieve acceptable slip ratings in a laboratory test. However it is possible for the performance in-situ to be less than expected due to unforeseen circumstances. These include the effect of grouting, wear and tear, or build up of residue. Variables such as floor levels, water, oil and other contaminants affecting products that are beyond our control. 

The ratings are therefore indicative and to be used as a comparative guide to estimate the merits of one product versus others. Please refer to the Australian Standards AS.HB.198 2014 Table 3A and 3B, which indicates locations that correspond to the relevant Pendulum and/or Ramp ratings. For more information please see here. 

All customers should be aware that tiles can be slippery, especially when wet. Many tiles which can be slippery when wet are commonly used in wet areas, such as bathrooms, kitchens or externally. 

It is recommended you seek advice from the relevant building authority as to the level of slip resistance of any particular product and its suitability for the intended application. 

Nerang Tiles is not liable for any aspect of installation or works beyond the sale of goods including but not limited to inadequate slip ratings. 

You agree to use any information provided by Nerang Tiles and indemnify Nerang Tiles its directors, officers, employees and agents and hold Nerang Tiles harmless from and against any and all claims, losses, damages, costs, judgements, expenses and liabilities of any kind (including, without limitation, reasonable legal fees) whether for personal injury, profit loss, financial loss or property damage, arising out of or in connection with information provided by Nerang Tiles, purchase, marketing, distribution, failure of the goods to meet slip ratings or use of products in the product's present form or as processed or combined with other materials into another form.
Should you require any further information please let us know.