Terms and Conditions
Terms of Sale
Any order placed by you on the Website is an offer to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the Website at the time you place your order under these Terms. All orders are subject to Product availability and confirmation of the order price. After receiving payment, you will receive an order confirmation along with an invoice via email. This confirmation will constitute acceptance of the order and the formation of a contract between Yeomans Bagno & Ceramiche and you. Orders may not be cancelled without our written consent.
The products available on the Website are only available for sale to legal persons who can enter legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering binding contracts.
Payment and Our Contract
Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken. We accept Visa or Mastercard payments via our secure online portal and other card types via Paypal.
Prices displayed on the Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a Product detail page may not include delivery charges (if applicable). Delivery will be calculated on check out.
Prices of Products, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
Whilst we try to ensure that all details, descriptions and prices, which appear on the Website are accurate, errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund.
Yeomans Bagno & Ceramiche reserves the right to cancel your order for any reason, including, without limitation, the unavailability of any Product, an error in the price or the Product description posted on this website, or an error in your order. You will be notified via email and a phone call if this is to happen and best efforts will be made to come to a suitable resolution with you.
From time to time discount codes will be issued for promotions, competitions or offers. The below non-exhaustive list of conditions govern Yeomans Bagno & Ceramiche discount codes. Additional conditions may also be imposed when the discount code is issued:
- + Only one discount code can be used at a time and cannot be applied after the order has been processed and payment made.
- + All discount codes can only be used once per person unless otherwise stated.
- + If the discount code does not have an expiry date it is valid for two weeks only from the time of receipt.
- + If the discount code has expired, then you cannot use it.
- + You cannot swap the discount code for cash or Products.
- + You should keep the discount code confidential, not share it with friends or post it on forums, unless instructed to do so by Yeomans Bagno & Ceramiche, such as family and friends offers.
- + We reserve the right to revoke a discount code if we believe it has been misused in relation to these conditions or in any other way.
- + We reserve the right to revoke discount codes at any time for any reason.
Yeomans Bagno & Ceramiche carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Yeomans Bagno & Ceramiche may contact you directly as part of this protection process. If we determine an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.
Please visit our Help Centre page under the Contact Us tab on our website which details our available delivery options and costs. Delivery will be to the address as nominated on your order. If you are not present to accept delivery you may authorise us to leave the Products at the delivery address (Not available for all products). The Products are then at your risk and you are responsible for any loss, damage or deterioration to them.
Dispatch times may vary according to availability and any timeframes for delivery are estimates only. Time is not of the essence for any timeframes given. Any estimates made as to delivery times are subject to any delays resulting from, without limitation, postal delays or force majeure for which Yeomans Bagno & Ceramiche will not be responsible.
Pickup of Products can also be arranged from our warehouse. Once removed from the warehouse location by either yourself or your self-arranged transport, the Products are then at your risk and you are responsible for any loss, damage or deterioration to them.
Disclaimer of Liability
We endeavour and make every best effort to source and display accurate and helpful information on the Website. From time to time product information either created or sourced from suppliers and third parties may be incorrect, so please note the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy, subject to your rights under the Australian Consumer Law.
Manufacturers of Products may provide an express warranty with their Products. Yeomans Bagno & Ceramiche accepts no liability for any manufacturer’s warranty associated with any Products sold on the Website. If you believe you have a warranty claim you should contact the manufacturer using the details provided with the product or you can also contact us and we will help you locate the correct details.
Unless expressly stated to the contrary, to the fullest extent permitted by law Yeomans Bagno & Ceramiche hereby expressly excludes all conditions, warranties and other terms (Conditions)which might otherwise be implied by statute, common law or the law of equity relating to the Website, the Products, their quality, merchantability, fitness for purpose or otherwise. Yeomans Bagno & Ceramiche shall not be liable for any damages whatsoever, including, but without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Products, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Limited Liability for Breach of Implied Guarantees
These Terms do not exclude any rights you may have under the Australian Consumer Law or any other law which cannot be excluded by contract. If any Condition is implied into the Terms by legislation and cannot be excluded, and Yeomans Bagno & Ceramiche is able to limit the applicable remedy, then Yeomans Bagno & Ceramiche’s liability shall be limited to one of the following:
- 1. The replacement of the relevant Products or the supply of equivalent Products;
- 2. The repair of the relevant Products;
- 3. The payment of the costs of replacing the relevant Products, or acquiring equivalent Products; or
- 4. The payment of the costs of having the relevant Products repaired.
Yeomans Bagno & Ceramiche may in its sole discretion determine which of the foregoing limits it will apply in any case.
This does not affect Yeomans Bagno & Ceramiche’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trade marks, images and third party copyright
Any third party trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are the property of Yeomans Bagno & Ceramiche.
All content displayed on this site, including but not limited to: all text, graphics, logos, names and trademarks (Content) is the property of Yeomans Bagno & Ceramiche, or the property of its respective owners, and is protected by copyright, trade mark and other intellectual property laws.
Except as permitted by the Copyright Act 1968 (Cth) no part of the website or its Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Yeomans Bagno & Ceramiche.
We encourage and can assist in linking from your website, blog or social media page to our content and product pages, please email us at email@example.com for further details.
You agree to indemnify, defend and hold harmless Yeomans Bagno & Ceramiche, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of the Terms.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: contact us immediately if you have any complaints or comments and we will work with you to resolve them. Please email any complaints to firstname.lastname@example.org
Yeomans Bagno & Ceramiche shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the content, products, services and/or any page of this Website.
A provision of these Terms may not be waived or varied except in writing and signed by a Director of Yeomans Bagno & Ceramiche. These Terms may be amended or updated from time to time so please check back regularly. You will be deemed to have agreed to the new Terms if you continue to use the Website or make a purchase after receiving notice of any change.
If any provision of these Terms offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then such invalidity or unenforceability will not affect the operation or interpretation of any other provision of these Terms to the intent that the invalid or unenforceable provision will be treated as severed from these Terms.
The above Terms, as well as the terms of any product order, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between Yeomans Bagno & Ceramiche and you.
Governing Law and Jurisdiction
These Terms are governed by the law of Victoria. In the event of any dispute arising out of these Terms, all parties to that dispute hereby submit to the non exclusive jurisdiction of courts exercising jurisdiction there.