Terms & Conditions

In these terms and conditions unless the contrary intention appears:

1.1 ‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time;

1.2 ‘CDC means Casa Della Casa Pty Ltd ACN 661 316 856 and any and all of its “Related Bodies Corporate” and/or “Associated Entities” as those terms are defined in the Corporations Act 2001 (Cth);

1.3 ‘Contract’ means the contract entered into between the Customer and CDC for the supply of Goods;

1.4 ‘Customer’ means the party or parties entering into the Contract;

1.5 ‘Commercial Credit Trade Account Customer’ means a Customer who has entered into an agreement called a Commercial Credit Trade Account with CDC;

1.6 ‘Consequential Loss’ means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;

1.7 ‘Goods’ means any tiles and related products (including timber and any other type of wall and/or floor furnishings), and includes products such as tools, adhesives, grouts and any and all other ancillary or associated products supplied by CDC to the Customer and further extending to the supply of tools or equipment on a hire- charge basis;

1.8 ‘Law’ includes any enforceable requirement of any statute, rule, regulation, proclamation, order, ordinance or by law whether judicial, commonwealth, state, territorial or local; and

1.9 ‘Terms’ means these terms and conditions.

2.1 The Contract and these Terms constitute the entire agreement between CDC and the Customer. All prior negotiations, representations, understandings, arrangements and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.

2.2 The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any), unless CDC agrees in writing to be bound by the Customer’s terms and conditions.

2.3 To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that CDC otherwise agrees in writing provided always that if Goods are supplied by CDC to a Commercial Credit Trade Account Customer, then the terms and conditions of sale incorporated into the Commercial Credit Trade Account shall prevail to the extent of any inconsistency or conflict with these Terms.

3.1 CDC will issue the Customer with a quote. The quote is valid for 30 days from the date stated on the quote.

3.2 All quotes are exclusive of GST. Prior to the Customer accepting the quote, the prices stated on the quote may change.

3.3 It is the sole responsibility of the Customer to review and confirm the quantities quoted. Quantities quoted are an approximate only and CDC accepts no responsibility for the accuracy.

4.1 The individual tile items on the tax invoice are exclusive of GST. Any applicable GST will be added to the final fee in a tax invoice and must be paid by the Customer.

4.2 CDC may at any time, and at its sole discretion, adjust the prices.

4.3 CDC reserves its right to change the price of Goods if:

4.3.1 The Customer requests a variation to the Goods, including but not limited to the quantity of the Goods; or

4.3.2 The price increase is a result of the introduction of any Law.

4.4 If the Customer has a credit account with CDC, the Customer must pay its invoices within 30 days from the invoice date.

4.5 If the Customer does not have a credit account with CDC, the Customer must pay a 30% deposit at the time of accepting the order and the balance at the time of delivery into a CDC warehouse.

4.6 All custom orders require a 30% deposit at the time of order and the balance upon receipt of goods into a CDC warehouse.

4.7 CDC retains legal and equitable title in any Goods delivered to the Customer until payment in full for or in connection with the supply of the relevant Goods has been received by CDC.

5.1 The Customer must make all orders in writing via email to CDC.

5.2 CDC will provide written confirmation of the order and provide the Customer with an itemised tax invoice. It is the Customers sole responsibility to check the tax invoice for any discrepancies or errors including, but not limited to, price, size, description, and quantities.

5.3 If the Customer discovers any errors or discrepancies, the Customer must inform CDC in writing within 48 hours of confirmation being delivered to the Customer. If the Customer fails to respond to the order confirmation, this will be deemed acceptance of the order and its contents in full. The Customer willbe required to sign a copy of the order and provide this to CDC.

5.4 All orders will be rounded up to the nearest box and or pallet/crate.

5.5 All orders will be invoiced and must be paid by the Customer in full prior to delivery of the Goods.

5.6 If the Customer requires orders to be delivered in instalments, the Customer will not be entitled to amend or cancel the order or any Goods remaining from that order.

6.1 An indent order cannot be cancelled once the order has been placed with the overseas supplier or production of the goods has commenced and any monies paid in respect of that indent order will not be refundable on cancellation by the Customer.

6.2 There are no returns or refunds on stone and timber.

6.3 CDC will deliver all indent orders to the Customer in full. CDC reserves the right to invoice and ship any leftover stock of indent orders to Customers towards the end of the project construction at the Customers cost.

7.1 The Customer acknowledges and agrees that tiles will vary from batch to batch.

7.2 Variations that can occur to the tiles include but is not limited to, colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and finish, optical effects such as hazing or smudging at varying light sources and at differing angles.

7.3 The Customer acknowledges and agrees that Goods which are natural stone may contain, display or be subject to one or more of the following characteristics: microchipping on its edges, shelling, variations in colour, size, pattern, veining, markings, grain structure, texture, porosity, weight, surface, finish and fading or changing of colour over time.

7.4 The Customer acknowledges and agrees that Goods which contain any of the above-mentioned variations and characteristics are not defective or of unacceptable quality.

7.5 Samples of tiles and natural stone provided to the Customer by CDC are indicative only. CDC accepts no liability for variations, of any type whatsoever, between the samples provided and the Goods supplied.

8.1 CDC agrees that it will deliver all orders in the metropolitan and regional areas between the hours of 7am and 4pm. Customers ordering within the metropolitan area can request a time for delivery which CDC will seek to comply with but does not guarantee.

8.2 The Customer may request an order be delivered within 1 hour. CDC will use its reasonable endeavours to fulfil this request, however CDC is not obliged to meet this request.

8.3 If CDC has enough stock available in its warehouse, CDC will deliver the order within 48 hours for those orders within the metropolitan areas.

8.4 The delivery fee is subject to change and will be based on the standard cost per pallet. CDC will confirm the delivery fee at the time of shipping.

8.5 The Customer must ensure clear and safe access for delivery and that a person is present at the delivery premises who is authorised to accept deliveries. In the event CDC is unable to deliver an order to the Customer, and the failed delivery is a result of the Customer, the Customer is liable for any additional freight charges.

8.6 If the Customer makes an order which is required to be delivered regionally, prior to shipping, CDC will provide the Customer with the delivery fee and available delivery times.

8.7 CDC will not be liable for any failure to deliver Goods or any delay in delivering Goods.

9.1 It is the Customer’s sole responsibility to check all orders at the time of delivery for any error, breakage, quality, quantity or shade variance. If the Customer’s order is subject to any error, breakage, quality, quantity or shade variance, the Customer must notify CDC within 5 business days from the date of delivery. All approved claims will be processed within 30 days of the invoice date.

9.2 All credit notes provided by CDC to the Customer will be applied to future invoices within 30 days of a claim.

9.3 Upon receipt of delivery to the Customer, the Customer should:

9.3.1 Verify: The finish, colour, size and pattern of the tiles match the order.

9.3.2 Count: The quantity of the tiles match the order.

9.3.3 Check: All boxes are labelled with the same shade and colour.

9.3.4 Inspect: All tiles for defects or damage.

9.4 If the Customer has installed the tiles delivered from CDC, this

will be deemed accepted by the Customer and the Customer will not be entitled to a refund.

9.5 CDC will not be liable for any mixed batches laid. It is the Customer and/or tiler’s responsibility to check the Goods before installation.

9.6 CDC accepts no responsibility or liability for any variation of colour, shading or pattern in further batches of tiles supplied to the Customer or the inability to supply Goods at all.

10.1 The Customer may pick up any orders. The orders must be paidin full prior to the Customer picking up the Goods.

10.2 It is the Customer’s responsibility to ensure that the vehicle meets the Laws and is loaded in accordance with all Laws and the Goods are secured in accordance with the Laws.

10.3 CDC will not be liable for any claim, loss or damage arising from the Customer or the Customers agent’s failure to comply with the Laws.

11.1 All imported orders are subject to lead times. CDC will advise the Customer of approximate lead times at the time of the order.

11.2 CDC will not be liable for any delay to the extent that such delay is due to causes beyond its reasonable control, including (but not limited to) its manufacturing, shipping or delivery delays, strikes, pandemics, epidemics and other acts of God.

12.1 If a Customer wants to return some or all of its order, the Goods must be in full pallets or unopened boxes and re-saleable condition. The Customer is solely responsible for the return of Goods and all risks and loss associated with such return.

12.2 Subject to the Customer’s rights under the Australian Consumer Law, the following Goods cannot be returned by the Customer to CDC under any circumstances:

12.2.1 Those that were specially made, sourced, ordered or purchased for the Customer;

12.2.2 Those that were used, installed, laid, damaged or altered in any way by the Customer; or

12.2.3 Those that are no longer in stock by CDC or have been discontinued.

The following additional terms apply to purchases made via the Casa Della Casa online store. These Online Retail Terms apply only to retail customers purchasing through our website. They operate in conjunction with these Terms. If there is any inconsistency, these Online Retail Terms prevail for retail online orders only.

12A.1. Payment

All online orders must be paid in full at the time of checkout. Online orders are not eligible for credit terms.

12A.2. Change-of-Mind Returns

Change-of-mind returns for online orders are accepted in accordance with Casa Della Casa’s Online Returns Policy, available at www.casadellacasa.com.au/pages/returns-policy.

To qualify for a return:
•⁠ ⁠Products must be unused, undamaged, and in original unopened cartons.
•⁠ ⁠Minimum return quantity applies (three boxes or 5m², whichever is less).
•⁠ ⁠Returns are accepted within 30 days of delivery.
•⁠ ⁠A 20% restocking fee applies to all approved returns.
•⁠ ⁠Customers are responsible for return freight costs.

The following items are not eligible for return under any circumstances:
•⁠ ⁠Custom-made, special-order, project editions or discontinued products;
•⁠ ⁠Products from non-current or differing batches;
•⁠ ⁠Products that have been cut, installed, used, damaged, or altered;
•⁠ ⁠Natural stone exhibiting inherent variations in colour, tone, or veining.

12A.3. Damaged, Incorrect or Faulty Goods

All online deliveries must be inspected within 48 hours of receipt. Any issues must be reported immediately with photographs (preferably in the original packaging).

Casa Della Casa will arrange collection and replacement or refund for any product confirmed as:
•⁠ ⁠damaged,
•⁠ ⁠faulty, or
•⁠ ⁠supplied in error.

Once installed, materials are deemed accepted and no claim may be made.

12A.4. Return Freight

To maintain product integrity and traceability, all return freight for online orders is arranged by Casa Della Casa using approved logistics partners.

•⁠ ⁠A freight quote is provided prior to collection and deducted from the refund or store credit.
•⁠ ⁠Products must be securely palletised and accessible for collection.
•⁠ ⁠Trade and wholesale customers may request approval to arrange their own insured freight.

12A.5. Refunds

Refunds for eligible online returns are issued to the original payment method within 10 business days of inspection.
Refunds exclude restocking and freight fees.
Store credit may be issued upon request.

If the Goods are faulty or damaged, the Customer must notify CDC in writing, providing evidence of the fault or damage. CDC will replace any faulty or damaged Goods. If the Goods are not available for replacement, CDC will replace the Goods with an alternative like product of the same value. The Customer must notify CDC in writing within 5 business days of receipt of the Goods.

CDC will hold stock on behalf of a Customer free of charge for 90 days. CDC may charge a weekly storage fee past the 90 days period.

15.1 To avoid damage to the tiles and stones, the Customer should follow the proper cleaning and maintenance procedures suitable for the products.

15.2 Any damage caused to tiles and stones when cleaning is the responsibility of the Customer.

15.3 The Customer should always follow industry cleaning guides and standards. Refer to CDC cleaning & maintenance statements for further information.

15.4 All stone is required to be sealed with a suitable sealer.

The Customer may have the benefit of consumer guarantees under the Australian Consumer Law. Otherwise, to the maximum extent permitted by Law, all terms, conditions or warranties that would be implied into these Terms, as a result of Law or statute are excluded.

To the maximum extent permitted by Law and subject to clause 16, CDC’s total liability arising out of or in connection with its performance of its obligations pursuant to these Terms, or arising out of or in connection with the supply of specific Goods is limited as follows:

CDC shall have no liability to the Customer for any Consequential Loss;

CDC’s total aggregate liability for loss, however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to CDC for the specific Goods that gave rise to the loss in question; the limitations and exclusions in clause 17(b) do not apply to the extent that any loss is directly attributable to:

The supply of defective Goods by CDC, and those defective Goods caused personal injury or death; or fraud by CDC.

Each party must take reasonable steps to mitigate any loss it suffers or incurs.

18.1 The Customer should refer to CDC’s warranty statement.

18.2 CDC is not liable to the Customer for any warranty claim made in relation to the Goods unless the Customer makes a claim and notifies CDC on or prior to the date that is 7 years after the date of the Contract.

These Terms may only be varied unilaterally by CDC or by written agreement between the parties.

This document is governed by the law in force in Queensland, Australia.