Sweven Design Pty Ltd ACN 652 184 346 trading as Coco Tiles and Mosaics
LAST UPDATED November 2022
1. Subject to ACL and Terms and Conditions
1.1. This policy must be read in conjunction with and is subject to Coco Tiles and Mosaics (‘we’, ‘our’) standard trading terms and conditions, and in particular clause 8 of those standard trading terms and conditions.
1.2. If any products supplied or services performed are subject to the Australian Consumer Law, then those products or services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies, then the Customer (‘you’, ‘your’) are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and you are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.
2.1. Please choose carefully. As arrangements by us for the product to be available are acted upon quickly, we do not offer a change of mind refund, return, exchange or cancellation.
2.2. We will allow you to return a product or provide a refund if the law requires us to do so.
Generally, you are entitled to a refund or replacement product in the following circumstances:-
(a) The product has a problem that would have stopped someone from buying it if they had known about the said problem;
(b) The product is unsafe;
(c) The product is significantly different from the sample or description; and/or
(d) The product does not do what the manufacturer said it would and/or what you asked for and cannot be easily rectified.
2.3. All items returned must be returned in original, unused condition. We do not provide refunds or exchange of products for products that have been installed.
2.4. If you think that you are entitled to a refund or replacement product then in order for us to assess this, we require the following to be provided:-
(a) Your contact details;
(b) Order number and/or a copy of the packing slip;
(c) Written reason for your requested refund/replacement; and
(d) Evidence of the defect/issue supported by photograph/s;
(e) Confirmation that all items will be returned in original, unused condition.
within three (3) business days after delivery of the product to you. After this period of three (3) business days, if a claim has not been made then you agree that you accept each product in the state as delivered/collected.
Once we receive the above information then within a reasonable time afterwards (we aim to do this promptly and in any event within 7 days after receiving all information), we will advise whether we require further information and/or will provide a preliminary assessment of your claim.
If we request further information and/or the opportunity to inspect the product, then you must assist us by providing the information and allowing an inspection during normal business hours.
2.5. If our initial assessment pursuant to clause 2.4 is that you are entitled to a refund or replacement and:
(a) you choose to receive a refund or credit note, then:
2.5.a.1. we will, at our election, either arrange collection of the product from you (and you must follow any reasonable requests from us for this to occur) or pay the cost of a third party as elected by us to ship the product to us; and
2.5.a.2. if once we receive the product we determine that you are entitled to a refund (or if you choose a credit note), then we will reimburse you or issue the credit note once we receive the product returned in original condition. In most cases, the return refund will appear on your next credit card statement in the next regular billing cycle.
(b) you request a replacement, then:
2.5.b.1. we will, at our election, either arrange collection of the product from you (and you must follow any reasonable requests from us for this to occur) or pay the cost of a third party as elected by us to ship the product to us; and
2.5.b.2. if once we receive the product we determine that you are entitled to a replacement we will be responsible for the costs of delivering the product to you within a reasonable time at the original place of delivery, however if we are unable to source the same product we will provide a refund in lieu.
(c) upon receipt of the returned product, it is determined that you are not entitled to a refund or replacement, you must reimburse us for the costs incurred by us in either collecting the product from you or paying a third party to do so and any other fees incurred in restocking the product, and promptly arrange for the product to be collected from us.
3.1. You acknowledge that the tiles supplied by us may contain, display or be subject to any one or more of the following characteristics:
(a) Crazing, spots, specks and blemishes;
(b) Variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and finish, and may fade or change colour over time;
(c) Optical effects such as hazing or smudging at varying light sources and at differing angles; and
(d) Tiles may be non-rectified, being tiles that have a natural edge that has not been mechanically trimmed which results in each tile having a curved edge and the tiles will all have slightly different sizes.
3.2. As there is often a variance in the characteristics of tiles and between batches of tiles, we cannot and will not guarantee that those characteristics of different batches of the same product will have the same or similar characteristics (due to the nature of the product), and you cannot seek a refund and/or replacement in relation to the above issues.
3.3. You acknowledge that products which contain, display or are subject to any one or more of the characteristics referred to in clause 3.1 are not defective or of unacceptable quality by reason of any of those characteristics and you cannot make any claim or seek a refund or replacement in relation to any of these issues.
3.4. You also agree that products will be deemed not to be defective if:
(a) They are subject to minor omissions or minor defects which do not substantially affect normal use;
(b) The products are installed in buildings used for heavy industrial purposes or processes, allowing exposure to aggressive industrial environments;
(c) You fail to comply with the installation, use and maintenance guidelines provided by us or the manufacturer of the products or any applicable Australian Standards or other set standards for products of the like;
(d) Any faults or damages to the products are caused or contributed to by you, including by:
3.4.d.1. Faulty installation, including exposure to condensation, or dust build up during installation, failure to remove debris and/or provide free drainage of water including condensation from all surfaces during installation or installation in unusually corrosive environments;
3.4.d.2. Damage during transport, handling, storage, installation or subsequent installation;
3.4.d.3. Improper or inadequate storage, including exposure to moisture;
3.4.d.4. Failure to design, install, use or maintain the product in accordance with manufacturer’s directions and guidelines, and relevant Australian Standards;
3.4.d.5. Inappropriate use of or exposure to chemical agents, fumes, liquids or solids, including inappropriate mechanical polishing or acid cleaning;
3.4.d.6. Contact with bitumen, soil, ash, fertilizer, moisture retaining substances, lead or copper or other metals;
3.4.d.7. Any faults or damage to the product caused or contributed by any natural disaster; or
3.4.d.8. You require the product to have a specific slip rating and you do not advise us of the slip rating required prior to requesting a sales quote or accepting an offer to supply the product.
3.5. Personalized or custom-ordered products are non-returnable and non-refundable, except in circumstances where the product completely fails to meet the required specifications.
3.6. We do not provide a refund if the product has been installed or varied in any way.
4. Contact details
4.1. Any claims made pursuant to this Returns Policy must be notified to email@example.com.
4.2. Please ship return items to: 32/19 Warehouse Road, Southport, QLD 4215