Terms and Conditions of Sale

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Legal Capacity

Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

• are over the age of eighteen (18) years;

• accept these terms;

• agree that you have entered into a legal contract with BuyFloors in relation to these terms; and these terms, together with your order, constitute the entire agreement between you and BuyFloors for the supply of products.

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Orders

Carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

Representations of products for sale made by BuyFloors via the website do not constitute an offer to sell but an invitation to treat.

You and BuyFloors may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

• placing an electronic Order for the products using the website;

• you confirming the Order details in accordance with the procedure on the website;

• you making payment in full (plus any applicable delivery charges) on the website; and the acceptance of that offer by BuyFloors.

Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms

When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

• any requirements set out in these terms have been met;

• the electronic instruction containing the offer from you enters and is recorded in our database;

• BuyFloors receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

You acknowledge that:

• to the extent permitted by law, BuyFloors is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

• BuyFloors may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

• You will receive an email from BuyFloors as soon as practicable after you have confirmed your Order and made payment.

• If your Order is not accepted by BuyFloors you will be notified by telephone or email and arrange for a full refund of any payment made by you to be processed.

• BuyFloors may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

• If BuyFloors cannot supply a particular product, BuyFloors will notify you by telephone or email as soon as possible.

• BuyFloors will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from our depot at Malaga.

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Price

Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.

We reserve the right to correct any errors published on the website.

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Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made via the SSL or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

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Supply and Delivery

Subject to you complying with these Terms and acceptance of your Order by BuyFloors, BuyFloors will sell and supply the products to you as shown on your Order confirmation.

• Products may not be available for immediate delivery. BuyFloors will endeavour to deliver your Order to you within fourteen (14) days of the date you place your Order.

• Items ordered are generally not held in stock and will be required to be ordered. This timeframe is the average manufacturing lead time required by suppliers. BuyFloors will contact you on receipt of your Order to notify you of the indicative delivery date.

• When you complete your Order you will be prompted to select whether you wish to collect from our depot in Malaga details provide on the website or to have the Order delivered.

• Delivery times may be greater than 10 business days in some instances and longer for regional or remote areas. You will be advised of delivery timeframes by BuyFloors.

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Delivery by Carrier

The terms of this clause apply where you select to have your goods delivered to a specified address.

• The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

• On receipt of your Order by BuyFloors, your Order will be dispatched to your specified delivery address generally within 5 business days of the date the stock is received at our depot.

• BuyFloors will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however BuyFloors does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

• BuyFloors cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

• The cost of delivery by carrier is at the cost of the buyer “customer”. BuyFloors will contact you with the delivery fee.

• Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

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Disclaimer and Indemnity

To the extent permitted by law, relating in any way to the website loss or damage you might suffer as a result of:

• errors, mistakes or inaccuracies on the website;

• you acting, or failing to act, on any information contained on or referred to on the website.

• personal injury or property damage of any kind resulting from your access or use of the website;

• any unauthorised access to or use of the websites secure servers;

• any interruption or cessation of transmission to or from the website.

Except as expressly provided in these terms, and to the fullest extent allowed by the law, BuyFloors will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

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Order Enquiries

If you have any query about the progress of your Order please contact the BuyFloors. Please have your Order number handy as shown on the email confirmation.

 

Damaged or Faulty Products

If any product ordered by you arrives damaged you may have:

• legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

• to have the product replaced or to receive a refund of the price paid by you for the product.

If your Order arrives damaged, please contact the BuyFloors.

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Use of Website / Privacy Policy

 

BuyFloors commits to best practice in all areas of its activities extends to respecting and safeguarding the personal information of our clients and partners. Our privacy policy adheres to the National Privacy Principles of the Commonwealth Privacy Act 1988 (Privacy Act).

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Terms & Conditions

Thank you for visiting the BuyFloors Website and welcome to BuyFloors Terms and Conditions of Use Agreement ("Agreement”). Your access to, browsing, and use of this Website are subject to the following terms and conditions and any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy, and defamation. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. Therefore, BuyFloors kindly asks you to read these terms and conditions carefully. If you do not agree to and do not want to be bound by these terms and conditions, you should not use this Website.

 

Collecting Information

All information collected by BuyFloors is solely for the purpose of providing better services to you. Typically, we will obtain personal information from you. This will include contact details and may include sensitive corporate information that is necessary for the delivery of services to you.

 

Use and Disclosure of Information

Any personal information we obtain is used to help provide an efficient service to you and keep you informed of BuyFloors activities in other areas. In the course of providing our services BuyFloors may need to disclose your personal information to other parties, but only when applicable. In every instance disclosure of personal information is undertaken only in strict accordance with the Privacy Act.

 

Accuracy of Information

BuyFloors takes all steps to ensure the information it retains is accurate and up to date. If any information is incorrect, please contact us immediately and we will promptly correct it. All information BuyFloors holds is protected in a secure environment. Computer database information is protected by firewalls and also requires password access.

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Accessing your details

If we hold information in regards to you or your company to ensure you can access it at any time. This is subject to any exemptions outlined in the Privacy Act. If for any reason you are not allowed to access to your information, you will be informed of the relevant exemption clause under the Act. If any costs are incurred in relation to information access, BuyFloors may charge a fee for this service.

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Additional information

If you require further information about how BuyFloors helps safeguard your privacy, or wish to update your details. please contact:

The Officer

buyfloors.com.au

PO Box 6482 East Perth WA 6892

Email: sales@buyfloors.com.au

Phone: (08) 9249 4838

Disclaimer

The information provided within the buyfloors.com.au website has been prepared solely to assist you in evaluating the many benefits of taking discussions with the company further. The information has been prepared in good faith with due care by BuyFloors.

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Use of this Website

BuyFloors hereby grants a limited license to you to browse and/or use this Website by displaying its Content.

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Intellectual Property Rights

Unless otherwise stated or indicated, all text, images available on or through this Website, and other content included on this Website ("Content"), including trademarks (registered and unregistered), graphics, photographs, images, logos and service marks (collectively, the " Marks") and the selection, arrangement and "look and feel" of the Marks and other Content is the property of BuyFloors or the property of third parties who have granted BuyFloors permission to use such Content on this Website. All Content is protected by copyright laws.

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Restrictions on use of Content

In this Website Except as expressly permitted herein or elsewhere in this Website, or by obtaining prior written permission from BuyFloors, or any third party who has such power, authority, titles or interest as is necessary to grant such legal permission, you are prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using any Marks or other Content available on or through this Website for commercial or public purposes, including, but not limited to, use as meta tags on other pages or websites on the World Wide Web. Nothing in this Agreement confers any rights in the Marks or other Content to you that are not specifically mentioned herein.

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Special Terms and Conditions

The terms and conditions provided in this Agreement shall only apply to this Website. This Website may contain links to websites and the content of third parties ("Third Party Content") as a service to you. BuyFloors does not monitor, review or update, and does not have any control over, any Third Party Content or third party websites. Unless expressly stated otherwise, BuyFloors does not endorse or adopt any Third Party Content, and BuyFloors makes no representation, warranty or guarantee as to the accuracy, completeness, timeliness or reliability of any Third Party Content. If you use these links and the Third Party Content, you do so entirely at your own risk. In addition, reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by BuyFloors. You may find additional terms and conditions pertaining to specific pages in this Website. Your use of such pages within this Website indicates your agreement to comply with such pages' terms and conditions. If there are any conflicts between these terms and conditions provided herein and additional terms and conditions provided elsewhere in this Website, the additional terms and conditions shall prevail.

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Updates and Revisions

The Content on this Website is provided by BuyFloors as a convenience to you and is subject to change without notice. BuyFloors may, at any time and from time to time, revise and update these terms and conditions and the Content. You hereby acknowledge and agree that you will be bound by such updates and revisions and will have had an opportunity to review them. We recommend that you periodically visit this page to review and familiarise yourself with all current terms and conditions and review this Website generally to familiarise yourself with any updates and revisions.

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Limitation of Liability

BuyFloors specifically disclaims any liability and in no event shall BuyFloors, its officers, directors, shareholders or employees be liable for any direct, indirect, incidental, consequential, punitive, or special damages or any other damages of any kind. Including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with access to or use of this website (even if BuyFloors has been advised of the possibility of such damages), including liability associated with any viruses, macros, or other disabling software that may infect you’re computer equipment.

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Linking to This Website

If you want to link to the Site for access through your Web site, please email BuyFloors and in the subject line of your email state "Linking Request" and provide any other pertinent information. All links to the Site must be approved in writing by BuyFloors, except that BuyFloors consents to links in which:

• the links is a text-only link containing only the name "BuyFloors";

• the link "points" only to www.buyfloors.com.au;

• the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website. BuyFloors will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that a may adversely affect the name, reputation and goodwill of BuyFloors and its products. BuyFloors reserves the right to cancel permission to link at any time, for any reason.

 

Termination

BuyFloors reserves the right, without notice and in its sole discretion, to terminate your ability to use this Website, and to block or prevent future access to and use of this Website. Failure by you to abide by the terms and conditions of this Agreement automatically revokes your authorization to use this Website and its included services, including a termination of any license granted in this Agreement. BuyFloors reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to this Website.

 

Indemnification

You agree to indemnify and hold harmless BuyFloors and its subsidiaries, affiliates, officers, directors, agents and employees from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You also agree to indemnify BuyFloors for any and all damage you may cause BuyFloors, its business, or its Website due to your interaction with this Website.

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Jurisdiction / Governing Law

As a user of this Website, you agree to submit to the laws of Australia and the State laws of Western Australia without regard to conflicts of laws principles. Any and all actions brought to enforce this Agreement or resolve any dispute arising out of this Agreement shall be brought solely in the courts having jurisdiction in Western Australia and you hereby consent to and agree to submit to the exclusive personal jurisdiction and venue of such courts.

 

Pricing and quotes

Prices are subject to change from time to time. Quoted prices are not held for any given period. BuyFloors does not make any guarantee that prices will be held until the product is purchased and paid for. BuyFloors reserves the right to decline any purchase made and will refund monies already paid.

 

Delivery

BuyFloors cannot be held responsible for delays in supply caused by third parties such as manufacturers or the contracted delivery firm. Production delays do occur on back orders at times. BuyFloors will always make every effort to negotiate a positive outcome for the client in these cases.