GENERAL
These terms and conditions (T&Cs) apply to all sales made by Vero Galleria (ABN 84 651 576 304). You understand that these T&Cs are designed to be legally binding, and by proceeding to pay the deposit in accordance with the attached quote, you will be taken to have read and accepted these T&Cs.
CHANGES TO THESE TERMS
We reserve the right to change or modify these T&Cs at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these T&Cs prior to use and periodically throughout your use of our Site and Services. If at any time you choose not to accept these T&Cs, you should not use this Site.
Your continued use of this Site and purchase of our products is deemed acceptance of any modifications or amendment of these T&Cs. You may also accept these T&Cs where you click “Agree” or “Accept” where such an option is made available to you during your use of the Site. If you are uncertain about the T&Cs or anything else on our Site, please don’t hesitate to contact us before proceeding with our services.
PRIVACY
These Terms also include our Privacy Policy which can be accessed here.
PRICES
Currency
All prices are in Australian Dollars (AUD) and are exclusive of any Australian Goods Tax (GST) (as applicable). GST details will be provided in the quote attached with these T&Cs. Prices exclude delivery and shipping.
Errors in pricing
If there is an error or inaccuracy in relation to the price at time of your purchase, we will contact you and inform you as soon as possible. You will have the option to purchase at the correct price or cancel your order. If you choose to cancel your order and payment has already been made, the amount debited will be credited back to your original method of payment.
Pricing subject to change
Prices are subject to change at our discretion, and we reserve the right to modify, discontinue or suspend the sale of any product without notice at any time. Where product has been discontinued or is unavailable and your order has been processed, we reserve the right to cancel your order and provide a full refund.
PAYMENT
To process your order, we require a 50% deposit as outlined in the quote we provide to you. The initial deposit must be paid within 30 days of the date of the quote, otherwise it will no longer be valid, and a new quote will be required. The remaining 50% will be payable when the product is available for collection or delivery. Your order can be collected or delivered once payment of the balance has cleared.
The balance must be paid within 90 days of notification that the product is ready for collection or delivery, otherwise your deposit may be forfeited, and we reserve the right to resell the uncollected product or dispose of it in accordance with the Uncollected Goods Act 1996 (ACT).
Credit Card Authorisation
Where you provide your credit card details as part of a 30 day EOM account, you warrant that you have the authority to use said credit card and authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times.
Card payments will incur a surcharge of 2%. Where a debt collection agency is required to be engaged due to failed payment or non-payment, you acknowledge that all associated fees will be payable by you.
PRODUCTS
Products may vary from Site
Due to screen display, image quality, brightness and device used for viewing, the products may not exactly match what the image you see on our Site and these images are indicative only.
Products may vary due to nature of product
The products we sell are naturally occurring, and therefore highly variable in terms of dimensions, colour, grain structure, and veining, and the products may have natural inclusions such as cracks, fissures and crazing.
Acknowledgement of variables
You acknowledge that the products in your order may vary from any samples provided or images available online, which are provided for illustrative purposes only, and we cannot be held liable for such variations.
Wastage
We recommend that extra allowance for wastage is accounted for when purchasing certain product, and that all natural stones are blended between boxes/crates to minimise naturally occurring variations.
Inspection
We recommend that all product is inspected by you prior to organising collection or delivery, and checked for suitability for your purposes prior to cutting or installation. Any defects or major issues with the product you have ordered will be subject to our returns policy.
Use an expert
We recommend that all product is laid by experienced and qualified stonemasons or tilers and sealed to minimise the risk of damage.
Product Use
We offer customers the option to pay for the products by credit card or such other method of payment as
specified on our tax invoice. You acknowledge and agree to make timely and full payments to us for the products purchased.
Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products.
We reserve the right to cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
You agree to only use the products for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging. Any use of the products by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.
Product shortages
From time to time, some of the products featured on our Site may be out of stock or unavailable. We will do our best to inform you of this as soon as possible, and you will have the option to wait for the product to become available.
COLLECTION AND DELIVERY
Collection or Delivery
Collection or delivery of your order will be your responsibility, including organising a courier or other form of freight, and paying all associated costs. If we provide you with a carrier’s details to assist you in organising collection or delivery, this is not to be deemed a recommendation, nor do we offer any representation as to the quality of their services. We cannot be held responsible for your order once it has been collected, including loss, damage or delayed delivery, or issues with the safe load capacity of the carrier’s vehicle.
Timeframes for delivery
You acknowledge that we provide approximate dates for availability of the product forming your order, but that these dates cannot be guaranteed, and timeframes may be protracted in certain circumstances, for example if product is purchased from overseas suppliers.
Storage Charge
If your order is required to be held onsite beyond 14 days past the date that it was ready to collect or deliver, it will be subject to a storage charge, calculated at $20 per day per slab. We reserve the right to hold your order until the storage charge has been paid in full.
RETENTION OF TITLE
Title in the product forming your order will remain with us, and will not pass to you, until full payment has been made.
If the product is in your physical possession and your payment defaults (or you become insolvent or are otherwise unable to pay), we are entitled to retake possession of the product, and may do so without notice to you. Until full payment has been made, you agree to store this product separately from other product in your possession so that it is readily identifiable as the order that has not yet been fully paid for.
REFUND AND RETURNS POLICY
Inspect the product
When you receive your order, please thoroughly inspect the product you have purchased for any damage or other issues upon delivery and note any such damage or other issues on the delivery paperwork presented to you by the carrier for signature. Notification of any damages or shortages are required within 2 business days of receiving your order. If we do not receive notification within 2 business days, it will be deemed to be accepted by you and in good order. We cannot be held responsible for any damage unless we are notified within the specified time period.
Return Request Process
To initiate a return, please contact us at [contact email or phone number] within 2 business days of receipt of the product.
To submit a return request please follow these steps:
photographs and a written description of the alleged fault or defect.
Where the product is damaged or faulty, we will reimburse you for carrier costs required to return it to us. From time to time, some of the products featured on our Site may be out of stock or unavailable. We will do our best to inform you of this as soon as possible, and you will have the option to wait for the product to become available.
No returns or refunds
Please ensure that you make your selection carefully as we are unable to accept returns in situations where:
We are also unable to accept returns for product purchased at a discounted price unless it is damaged or faulty.
We may offer refunds and/or exchanges at our sole discretion. If a Force Majeure Event prevents fulfilment of your order, you will be refunded the amount paid less deductions for partial order fulfilment.
What we will do:
Within three (3) business days, we’ll confirm receipt of your notice.
A representative from our company may conduct an inspection if it’s necessary to ascertain the nature and origin of the problem at a mutually convenient time.
We will provide you with a Return Authorization (RA) number and instructions on how to return the product. Please do not return the product without first obtaining an RA number.
We will arrange for the damaged or faulty product to be returned to us and we will either replace or refund the product as determined by us.
Refunds
When a returned product is received, we will conduct a thorough inspection to determine whether any damage can be repaired or rectified. If the damage is repairable, we will fix the product and ship it back to you at our expense. If the damage is determined to be beyond repair or rectification, we will issue a refund for the full purchase price of the product.
Refunds will be issued to the original payment method within seven (7) business days of making our determination that it is beyond repair. The amount refunded will be the purchase price of the product.
Changes to policy
We reserve the right to change this policy at any time without notice. Any changes to this policy will be posted on our Site.
Contact Us
If you have any questions or concerns about our refund and return policy, please contact us at info@verogalleria.com.au or 0437 218 560.
COMPLAINTS
We are committed to your enjoyment of and satisfaction with the products. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form www.verogalleria.com.au and include:
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.
Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
PERSONAL PROPERTY SECURITIES ACT 2009 (CTH) (‘PPSA’)
You acknowledge that by placing your order, you grant us a Security Interest in the Secured Property (the product). You permit us to place a Purchase Money Security Interest (PMSI) registration on the product pursuant to the PPSA. Upon placing your order, you waive your right to receive any notice pursuant to the PPSA unless the notice is required by law and cannot be excluded.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses that may arise from or be connected with your purchase of our product once title has been transferred to you. We cannot be held liable for:
Our liability for any breach of a condition or warranty under these T&Cs shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis) made by any third party due to or arising from a breach of these T&Cs and/or any breach of your representations and warranties set out in these T&Cs or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us may be terminated where you breach any provision of these T&Cs, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to purchase our product.
SEVERABILITY
If any term or provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these T&Cs will remain in full force and effect.
ASSIGNMENT
We are permitted to assign, transfer and subcontract our rights and/or obligations under these T&Cs without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these T&Cs.
ENTIRE AGREEMENT
These T&Cs, together with any other T&Cs available on our Site, constitute the entire understanding and agreement between us and you in relation to your purchasing of our product and supersede all previous communications, negotiations, and agreements, whether oral or written.
GOVERNING LAW AND JURISDICTION
All T&Cs shall be construed in accordance with and governed in all respects by the laws of the Australian Capital Territory, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.