Standard Terms and Conditions of Sale

VOLUPTO Pty Ltd
ABN 38 601 990 327

1. These Standard Terms and Conditions are applicable to every Contract between VOLUPTO Pty Ltd (ABN 38 601 990 327) “Us/We” and The Customer “You” being the purchaser of the Volupto or the Natural Stone Bath Worx “Product”.

2. These Standard Terms and Conditions are not to be amended or changed unless agreed to in writing by you and us.

3. We are in the business of providing Products that are a natural product and may be heavy and difficult to carry and manoeuvre. As such you or any person directed by you must handle the Product with care and in accordance with these Terms and Conditions and any other notice provided with the Product.

4. Should you not accept our terms and conditions of sale do not purchase our products.

5. Custom made items or variations to our products requested by our customers are not able to be returned for any reason whatsoever and must be checked and confirmed at the time the order is made and before a deposit is paid confirming the order.

6. When handling the product, you must not remove the Product from the delivery crate until the product is in its final location; not rest the product on any angle on any side or corner of the product; at all times only place the product flat on even surfaces and at all times use professional removal companies to move the product to the final location. Custom stone vanities must be stored on the side and left in the delivery crate out of direct sun, or they could suffer damage.

7. We will not accept liability for any damage in any way once the original packaging has been disturbed.

8. Upon delivery or collection, you or Your Representative may be asked to sign a consignment note that demonstrates that you agree that you have received that product in good condition free from any defects or damage but certainly advise the company of any damage within 24 hours of the delivery as the product is insured for loss or damage.

9. Upon delivery or collection, you accept all risk, liability and responsibility for the product from that time.

10. All products purchased from this company must be picked up or delivered to the customer within 2 months of advice as to the availability of such products and if left uncollected storage will be charged at a rate determined by the company subject to the size of the goods unless agreed to in writing by both parties. Longer term uncollected goods will be treated as abandoned with no refund to the customer.

11. You are strongly advised to use professionals to locate the bath into the room where it is to be installed as product failure can result from poor handling due to the weight factor. You can email the company for detailed instructions.

12. You agree that we may use subcontractors to attend to delivery and manufacture of the Product.

13. We are not a freight company, it is an express condition of the sale that as your agent we will obtain quotes for delivery on your behalf, the goods will be delivered to your property boundary only, with the movement of the products on the property to be made by qualified persons such as professional removal companies, there is limited insurance cover to the point of the delivery and it ceases upon delivery at the delivery point, should there be no attendance at the delivery point the goods will be returned to the agents depot and may be returned at the customer’s cost.

14. You agree that the Product is a natural Product and may be subject to natural variations within the Product itself and may vary from any colour, sample, finish, brochure, website or other display used in the marketing and sale of the Product. You acknowledge and agree that you are not entitled to make any claim due to any such variation with all samples to be used as a guide only.

15. You acknowledge and agree that we rely on information and measurements agreed upon with you through the mean of drawings. You or your representative will not be entitled to make any claim if the product delivered has been manufactured in accordance with these agreed upon drawings.

16. The price is provided in the invoice that we provided you. You must pay to us a 50% of the Price upon placement of your order and 50% of the price on or before the day of shipment plus freight to the property if we are to be used as your agent to assist in delivery.

17. You agree and acknowledge that we will not be liable for any loss or damage to property, or the delivery of the product howsoever caused.

18. Location and access requirements should be considered before purchasing any of our products.

19. It is your responsibility to use the product in accordance with our instructions. We will not be liable for any damage or loss which may result from any misuse of the product or failure to follow the instructions freely available to the purchaser.

20. The company reserves the right should we accept liability for failure to replace the product to the same location.

21. If you make a claim on Us, you must provide us with the access to the product as and where installed to inspect and diagnose any defects (should such access be required), damage or issues to determine any cause.

22. There is a 5-year warranty on all our products and this applies with the exception of damage caused by poor handling, mistreatment and or neglect and or failure to follow all the instructions available on our websites or sent to you by email.

23. In the event of any dispute arising between you and us as to any party’s rights or obligations under the contract or as to whether either party has breached or failed to meet its obligations then both parties agree to meet together and, acting in good faith, seek to resolve the dispute commencing with a written notice by one party to the other specifying the issues and/or points of breach in detail.

24. In any case no claim will be accepted by this company for failure unless it can be shown that there was due to a manufacturing fault or failure of the material.

25. Where a claim relates to wrongful production it is agreed that any sketches or drawings supplied by the client or drawings agreed to by the customer will be used to settle all disputes as part of the order and it is the customers responsibility to clarify the accuracy of such drawings

26. Timber products: most of our timber used in production of our products is made of Teak and due to climate and temperature changes may be subject to cracking and must be protected from direct sunlight as this can cause result in such cracking or shrinkage and so it must be always kept indoor.

27. This contract shall be governed by and construed and interpreted in accordance with the law of the State of New South Wales. Any dispute will be subject to the exclusive jurisdiction of New South Wales Courts.

28. The content of these terms and conditions and the invoice (including any attachments) constitutes the whole of the terms of this Contract with regard to any prior representations, offers or correspondence. Except to the extent that the law provides as mandatory requirement a term to be implied, no term is to be implied into this Contract.