VILLEROY & BOCH AUSTRALIA PTY LTD

 

1. Use

This website is owned and operated by Villeroy & Boch Australia Pty Ltd (ABN 52 000 753) (Company). By browsing and using our website and/or registering for an account you are agreeing to comply with and be bound by the following terms and conditions of use.

 

a. A reference to the Company, “we” or “us” in these terms and conditions includes The Company, its directors, officers, employees and agents.

b. The information and settings provided in this website are correct at the time of publishing. The Company takes no responsibility for the accuracy of the information and graphics. Some information is obtained from our suppliers and third parties. We take every possible precaution to deliver accurate information but cannot be held responsible for minor variances that may occur in such information. In the event that any errors or omissions on the website are brought to our attention, we shall endeavour to rectify those errors or omissions as soon as possible. However we will not be responsible for any consequential loss suffered by any users of the website as a result of our errors or omissions.

c. The content of the pages of this website is for your general information and use only. We reserve the right to amend or update our website without providing notice to you.

d. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.

e. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

f. From time to time this website may also include links to other websites. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site. The Company reserves the right to terminate any link at any time. Any links are provided as a convenience to you only and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this website you do so entirely at your own risk. The Company disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

g. The website may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law the Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

h. You may not create a link to this website from another website or document without our prior written consent.

 

2. Changes to Terms and Conditions

The Company may occasionally update these terms and conditions without prior notice. Your continued use of the website after such changes constitutes your acceptance of the variations. We therefore recommend that you review this page on future visits to this site.

 

3. Copyright

 

3.1 Our Copyright

Unless otherwise specified, all materials on this website are owned or licenced by the Company and are protected by the intellectual property laws of Australia and throughout the world by the applicable intellectual property laws. The use of any such material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorised use may violate copyright, trademark and other similar laws. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than as follows:

a. You may print or download to a local hard disk extracts for your personal and non-commercial use only, provided you keep intact all copyright and other proprietary notices.

b. You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

c. Other than as outlined in (a) and (b) above no materials on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission from the Company.

 

3.2 Your Copyright

a. If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to you.

 

4. Submissions

We welcome your comments regarding the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to the website shall be and remain the exclusive property of the Company. Your submission of any such Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. the Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

5. Colours

We have done our best to display as accurately as possible the colours shown on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

 

6. Purchasing on this Website 

 

6.1 An Order constitutes an offer

a. By placing an order through this site, you make an irrevocable offer to us to purchase the goods that you have selected pursuant to these website terms of use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any goods to you – however, the Company will endeavour to supply your selected goods to you.

b. We will not commence processing any order made through this site unless and until:

i. payment for the order has been received by us in full; and

ii. the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

 

6.2 We reserve the right at our discretion to:

a. at any time prior to your order being accepted in accordance with these website terms of use, cancel all or part of your order; and

b. at any time:

i. refuse to provide goods to you;
ii. terminate your access to this site; and/or
iii. remove or edit any content on this site.

 

6.3 Acceptance of orders

a. Acceptance of each order will take place if and when the Company either:

i. provides the goods to you, at the time at which the Company commences providing the goods; or
ii. notifies you in writing that your order has been accepted, at the time at which such notification is sent by the Company.

 

6.4 Prices

a. The prices disclosed on this site are quoted in $Australian (inclusive of GST) and are valid only for the country of Australia.

b. Orders on this website are accepted only for delivery within the country of Australia and such orders will not be binding on the Company until accepted by the Company.

c. Prices for the goods shown on the website are subject to change without notice.

 

7. Payment

 

7.1 Payments made through this site may be made:

a. by credit card processed online using a secure third party payment gateway; or

b. via direct bank deposit by electronic funds transfer (EFT).

 

7.2 Third party payment gateways

a. The Company may use one or more third party payment gateways to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

 

7.3 Credit and debit card payments

a. All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

 

7.4 Payment by EFT

a. If you elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

 

7.5 Refunds and other remedies

a. Except as expressly provided otherwise in these website terms of use, all amounts paid through this site are non-refundable. Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these website terms of use below.

 

7.6 Security

a. While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

 

7.7 The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

 

7.8 Title in the goods purchased from this website shall remain with the Company until all moneys have been paid. Goods will not be despatched for delivery to you until the price has been paid in full.

 

7.9 Unless stated otherwise, you must pay the cost of transportation to the place of delivery for the goods you have purchased from this website. Please see our link on this website headed “Shipping & Returns” for further delivery details.

 

7.10 Goods you have purchased from this website shall be at your risk as from despatch from our warehouse.

 

8. Liability and Indemnities

 

8.1 To the full extent permitted by law:

a. We are not responsible for any loss, liability or damage incurred by you as a result of the sending or receiving or the failure to send or receive any communications due to any reason whatsoever.

b. We provide the website without any express or implied warranty.

c. In no event shall the Company be liable for any direct, indirect, special, incidental or consequential losses or damages including, without limitation, loss of profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any linked site, damages resulting from use of or reliance on the information or materials presented on this website, whether based on warranty, contract, tort or any other legal theory even if the Company has been advised of the possibility of such damages.

d. We do not guarantee continuous, uninterrupted or secure access to the website.

e. You acknowledge that the internet can be an unstable and, sometimes, insecure environment and that the website may at times not be available.

f. We do not guarantee that we will notice or be able to prevent any illegal or inappropriate use of the website.

g. We do not guarantee the preservation of any record, particularly after the provision of the website to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.

h. We are not liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising due to us exercising our discretion as outlined in these terms and conditions.

8.2 To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):

a. in the case of goods, to any of the following:

i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired.

 

9. Indemnities

 

9.1 To the full extent permitted by law:

a. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the website.

b. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (“the Indemnified Parties”) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.

c. You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis, made by any third party due to or arising out of a breach of the terms and conditions by you, or the infringement by you, or other user of the website using your user name and password, of any intellectual property or other right of any person or entity.

 

9.2 Release

You agree that your use of this site is at your own discretion and risk. To the full extent permitted by law, You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these website terms of use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

 

9.3 Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these website terms of use, the Company excludes liability for any delay in performing any of its obligations under these website terms of use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

 

10. Protection of our Website and Others

We may disclose information you provide to our site when we believe such disclosure is appropriate to comply with the law; to enforce or apply our terms and conditions and other agreements; or to protect the rights, property or safety of our sites, our users or others.

 

11. Termination

The Company may terminate this agreement and your access to the website and the content at any time without notice.

 

In the event of termination you must immediately cease accessing and using the website and the content and (at the Company’s option) return any hard copies of the content to the Company or destroy any hard copies and any other electronic copies of the content within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the terms and conditions will survive.

 

12. Privacy

a. Our Privacy Policy (as it appears from time to time) is available on the website and applies to all users and is incorporated into these terms and conditions. You should read our Privacy Policy before using the website.

b. We will take all reasonable steps to abide by this policy and all users of the website agree to the policy when using this website. 

c. If you do not agree to the collection of this information and the other information specified in the Privacy Statement, then you may not use the website.

d. By registering with the website and accepting these terms and conditions, you also consent to:

i. the collection of a variety of personal information which is specified in greater detail in the Privacy Statement, including your name, address, contact details, and your use of our website generally;
ii. the use of your personal information for certain purposes as specified in greater detail in the Privacy Statement, including internal use for improving the website, meeting our obligations under State and Federal laws, statistical analysis of usage of our website to improve the website, to utilise our content and product offerings and deliver promotional material to you and administrative purposes connected with the website.

e. We may disclose your information in the circumstances specified in the Privacy Statement.

 

13. Taxes

Certain taxes and government charges may be payable in relation to the use of the website. Unless stated otherwise, the Company has no responsibility for such taxes or other government charges.

 

14. Complaints, Concerns and Suggestions

If you have any complaints, concerns or suggestions about this website please contact the Company to address the issue. We also value your feedback and suggestions, please email eshop@villeroy-boch.com.au.

 

15. General

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood or other event beyond the reasonable control of the other party.

 

These terms and conditions are current as at 30 November 2020.

 

The Company may update these terms and conditions at any time with or without notice to you. You are responsible for ensuring that you are aware of and comply with these terms and conditions as applicable from time to time.

 

16. Disclaimer

To the maximum extent permitted by the law, including in particular the Australian Competition and Consumer Act 2010 (as amended). The Company assumes no responsibility for accuracy, correctness, timeliness or content of the materials on this website. You should not assume that the materials on this website are continuously updated or otherwise contain current information. The materials provided on this website are provided “as is” and any warranty (express or implied), condition or other terms of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby negatived to the extent allowable by law.

 

17. Severability

The provisions of these website terms of use are severable and, if any provision of these website terms of use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

 

18. Miscellaneous

If any provision of the 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 and conditions, which will continue in full force and effect.

 

All rights not expressly granted in this document are reserved.

 

19. Governing Law

Your use of this website and any purchases made from it will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales District Registry of the Federal Court of Australia.

Orders on this website are accepted only for delivery to addresses within Australia.