Terms & Conditions

Terms

An order made by a customer (purchaser whether an individual or a company) is subject to the following conditions of sale unless otherwise specifically agreed to in writing by Ceramica Living Pty Ltd (Ceramica Living).

The terms and conditions of this document supersede any terms and/or conditions set forth in any purchase order, or written document by the customer.

Orders

All orders require a deposit of 50% of the total value of the invoice. Where items have not been paid for in full and the order canceled, at any time, before the goods are delivered to the Customer, a cancelation fee of 50% of the full purchase price will apply. Account holders will follow the terms & conditions of their approved account with Ceramica Living and are not required to pay a deposit unless the item is a special order or indent item. If the purchase order is sent to Ceramica Living, the client will be charged in the month the Purchase Order has been received, unless the Estimated Delivery Date has been specified, then the client will be charged in the month of the Estimated Time of Delivery.

Indent Orders

Indent Orders means special orders that require custom item/items to fit customer need or special overseas orders. Indent Orders will be accepted under the following conditions:

A 50% deposit must be paid when ordering.
The balance of the payment is payable to Ceramica Living within 14 days of notification of the availability of goods.
A cancelation fee of 50% of the full invoice will apply should any part of the order be canceled or decreased at any time after the order has been made.
Indent Orders require an 8-12 weeks waiting period for delivery. However, this may vary sometimes due to customs laws and other countries’ procedures. Therefore, products might be delayed further than the initial 12 weeks. Ceramica Living will notify customers immediately once information is available. As result, if the customer chooses to cancel the order a cancellation fee of 50% will apply.

Supply of Products

It is the responsibility of the customer to check their order at the time of purchase and delivery including but not limited to: the dimensions, colours, shade variations, quality, quantity, and any other detail shown on any orders.
Due to the characteristic nature of ceramics, porcelain, terracotta, engineered stone and natural products such as marble and granite, variations from samples must be expected.
All products should be checked for colour, size, and quality before being installed. Please check with your professional installer or contact Ceramica Living for information regarding the above-mentioned prior to installing any item. Ceramica Living will accept no responsibility after products had been installed or used in any other way.
We are committed to assisting you in all our capacity, therefore, we help in the calculation of your needed quantities, however, Ceramica Living cannot be held responsible for any mistakes in these calculations. Measurements must be thoroughly checked with your professional installer before being finalized.
All products sold by Ceramica Living are to be installed within industry standards and manufacturer instructions. No responsibility will be recognized by Ceramica Living for damage that occurs from the use of acids in cleaning or any other procedure which does not meet the manufacturer’s instructions.
Tiles are not guaranteed against “grazing” (cracking which occurs in fired glazes or other ceramic coatings due to critical tensile stresses). For further information about Grazing, please call Ceramica Living.
It is the full responsibility of the customer to check that they have a sufficient product before tiling as Ceramica Living cannot guarantee the availability of extra products if needed.

Products in Storage

Once Ceramica Living provides notification to the Customer that products have arrived in our warehouse and are being held in our warehouse for the Customer, the customer must collect or organize delivery within 14 days. Failure to do so will result in a daily storage fee of $10 per pallet.

Ownership of Products

Title of goods shall pass to the customer, only upon full payment of the invoice amount; payment of any other amounts owing by the customer to Ceramica Living, and, any interest due to Ceramica Living, whether in respect of the supply of the goods or otherwise.
The Customer will pay all costs & expenses (on a full indemnity basis) incurred by Ceramica Living or its solicitors, legal advisers, mercantile agents & other parties acting on Ceramica Living’s behalf in respect of anything instituted or being considered against the Customer whether for debt, loss, damages, possession of any Products or otherwise.

Warranty

Ceramica Living shall not be responsible for any indirect, special, or consequential damages related to warranty of the product, delivery or delivery timing other than as follows:

Certain products may come with a manufacturer’s warranty and warranty service will depend on the item, the nature of the problem, and, customer’s location.
Manufacturer’s warranties do not cover labour or delivery.
Where there is a manufacturer’s warranty on any products, the warranty period will begin at the time of the purchase unless a warranty form is filled separately and sent to Ceramica Living.
Except for this clause, there are no other warranties; express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, product availability, manufacturer order approval, order fulfillment time, and all such warranties are specifically disclaimed.

Install – Ceramica Living warrants their installs for 3 months. Any claims after the 3 month period is not covered under warranty and charges may apply.
Products are covered by the manufacturer’s warranty and tile warranty will not be covered after they are installed.

Indemnity

Except as otherwise specifically provided in these terms and conditions, all warranties, representations, promises, conditions or statements regarding the products whether express or implied, and whether statutory or otherwise (including, without limiting the generality, warranties, representations, promises, conditions and statements as to merchantability suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such products are to the full extent permitted by Law hereby specifically excluded.
Where the Customer has complied with all of its obligations under this Agreement, the liability of Ceramica Living for a breach of this Agreement is limited to any one or more of the followings at the option of Ceramica Living:
The replacement of the goods or supply of equivalent products; or
The repair of the products; or
The payment of the cost of replacing the products or acquiring equivalent goods; or
The payment of the cost of having the products repaired.
Damages for which Ceramica Living shall be liable (and to which Ceramica Living’s liability shall be limited) shall not exceed, in respect of all claims in aggregate, the amount paid by the Customer to the Supplier under Ceramica Living’s invoice for the products.
Certain tiles may be slippery when wet or inappropriate for use in certain conditions or may require maintenance. Ceramica Living will provide recommendations based on information provided by the customer, however, no liability will be accepted for injuries or damages due to inappropriate tile selection.

Deliveries

Ceramica Living will use reasonable endeavours to deliver products to the customer on the Delivery Date during Ceramica Living’s normal business hours of 8:30am-5:00pm Mon- Fri, but it is not and will not be responsible for any delay due to causes beyond its control, including (but not limited to) it’s manufacturing, shipping or delivery delays, strikes, force majeure and acts of God.

Claims made for:

a. Incorrect supply, short supply; or
b. Products damaged in transit;
c. any inconsistencies with regards to an invoice

Must be made within two (2) days of the delivery date, otherwise, they will not be considered.

Cancellations, Refunds, and Credit

With Ceramica Living your 30 days return is guaranteed.

At Ceramica Living we understand that you might change your mind after purchase. We aim for our clients to be happy with the product and with our service, therefor we give you 30 days returned policy (that does not include delivery cost and handling fees)

Before returning you must contact Ceramica Living via email with your original invoice attached to the email within 24hrs of receiving your goods.
Ceramica Living offers you store exchange or return.
All returned items must have a printed copy of the original invoice.
Both packaging and product should be in the original condition, with no damages otherwise no return will be accepted.
Any returned item must be unused and must not have been installed or attempted to be installed.
Cost of return postage is covered in full by the client, however, if you wish for Ceramica Living to organize the return shipping, a quote will be provided for your approval.
Delivery cost is not included in the refund or credit.
Your 30 days return starts from the day of purchase.
All items will be inspected by our staff before proceeding with the return.
30% handling fee applies on heavy items.
On-sale and clearance items are non-refundable
Special orders, hard flooring, carpet, and indent orders are excluded from the return policy.

Returns of less than 5m2 are not accepted.

Price and Payment

At the Supplier’s sole discretion, the Price shall be either:
a. as indicated on any invoice provided by the Supplier to the Customer; or
b. the Price as at the date of delivery of the Goods according to the Supplier’s current price list; or
c. the Supplier’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
The Supplier reserves the right to change the Price if a variation to the Supplier’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to the Supplier in the cost of taxes, Ievies, materials, and labour,(labor availability of stock) will be charged for based on the Supplier’s quotation and will be shown as variations On the invoice. The Customer shall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
At the Supplier’s sole discretion, a non-refundable deposit of up to 50% may be required.
Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Supplier, which may be:
on delivery of the Goods or completion of works ;
before delivery of the Goods;
by way of installments/progress payments by the Supplier’s payment schedule;
thirty (30) days following the end of the month of an invoice for approved credit account Customers only;
the date specified on any invoice or other form as being the date for payment; or
failing any notice to the contrary, the date which is fifteen (15) days following the date of any invoice given to the Customer by the Supplier.
Payment may be made by cash, cheque (account Customers only), bank cheque, electronic funds transfer, credit card (a 1.5% surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Supplier.
The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

The Company reserves the absolute right at any time to alter any of its selling prices and to alter terms to any Purchaser (The Client) without any notice whatsoever. The company will make every effort to advise or notify the Purchaser of any alteration of selling prices within a reasonable time.

Prices

The prices quoted are in accordance with the supplier’s current price list which is subject to alteration without notice. Purchase orders sent and not paid within the month that it has been received are subject to price updates without notice.

Accounts

If the Purchaser has approved 7/15/30-day credit account with the Supplier, then the Purchaser shall ensure that payment for all goods will be made prior to the end of the month following that in which the goods are invoiced.
If the Purchaser does not have an approved 30-day credit account with the Supplier, then the trading terms are Cash on Delivery (C.O.D.) and the Purchaser shall pay in full for all goods supplied by Supplier when the goods are received.
If the Purchaser is a prepaid customer, then the trading terms are cash on the placement of the order, and the purchaser shall pay in full for all goods to be supplied by the Supplier.
The supplier reserves the right at any time to cancel any credit amount between Supplier & Purchaser.
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of (4%) per calendar month (and the suppliers sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
All Supply and Install jobs carried out by Ceramica Living are a 7 day account to existing account holders and COD customers must pay 50% deposit and the rest before work commences.

Payment

In accordance with clauses a to c (under Price and Payment), or unless otherwise agreed by Supplier in writing, punctual payment is agreed to be of the essence of the contract.
In the event that payment of goods is not made by the Purchaser to the Supplier in accordance with clauses a to c (under accounts), or as otherwise agreed between Supplier and Purchaser in writing, the amount outstanding to Supplier for the goods shall be subject to interest in accordance with clause 5 under Accounts.
Where the Purchaser has any outstanding debt to the Supplier, then the Supplier may at its option cancel any incomplete contract or orders or suspend delivery of goods yet to be delivered as the case may be.
In the event of default of payment by Purchaser in accordance with clauses a to c (under accounts), all debt recovery costs including legal costs on a solicitor/own client basis and disbursements and any mercantile costs shall be payable by the Purchaser.
Non-payment for any or all goods by the due date will be considered by the Supplier to be a breach of the Terms and Conditions and, in addition to any other rights the Supplier may have, the Supplier may:
Cancel the Purchaser’s rights to operate a commercial credit account with the Supplier.
Charge interest on any outstanding amount calculated from the day following the date upon which the payment should have been made, at a rate equal to the Supplier’s then current overdraft rate, as varied from time to time by the Supplier’s bankers.
Proceed with legal action for the recovery of non-payment by the Purchaser.
Add to the unpaid amount any expenses incurred, or to be incurred, as a consequence of any actions taken by the Supplier to recover non-payment by the Purchaser.
Monies owed by the Purchaser to the Supplier shall become due immediately upon the insolvency of the Purchaser.
The Purchaser undertakes to pay a dishonor fee of $35.00 for charges incurred by the Supplier in respect to any cheques not met upon the first presentation to the Bank.

Severability

If any provision of this Agreement is held invalid, unenforceable, or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

Governing Law

This Agreement shall be governed by and construed according to the laws of South Australia.

Your Responsibilities

Once you receive your order:
- Inspect your tiles upon delivery.
- Check for correct product, quantity, breakages, etc.
- Any discrepancies, please report within 2 days.
- If for some reason the courier is unable to deliver your order due to absent receiver, additional fees to re-deliver will be passed onto the purchaser of tiles.
- It is the responsibility of the purchaser to ensure tiles are safe and protected from weather once order has been delivered.