TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Zigell. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
5. Our services are intended to be used by members within Australia only. International buyers are required to contact us to obtain terms & conditions.
Our Website Services
6. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
7. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be requested by sending us an email and providing information on your requirements. If you have placed an order, we reserve the right to cancel your order should our prices change.
8. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
9. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
10. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
11. We endeavour to ensure that our product list is current however we give no undertakingas to the availability of any product advertised on our website.
12. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed by emailing us and we reserve the right to amend our prices at any time.
13. Packaging and postage is an additional charge, calculated at time of purchase.
14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
15. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
16. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
17. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
18. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
Order Cancellation Due To Error
19. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
20. We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
21. We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Seven (7) days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
22. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges. The exception to this is when the Customer places a special Order. Special orders cannot be refunded and the Customer understands at the time of order that any item not listed as a stock item ( or normally any item we do not usually sell), is termed a “special order”. Any product that has been recreated in a special size, colour or a special design to suit the customer’s requirements is also termed a “special order”. We do not refund special orders under any circumstances as the product has been manufactured as per customers requirements and is a special purpose created product.The Customer accepts at the time of placing the special order that they will not be entitled to a full or partial refund of any monies under any circumstances.
22a. Subject always to rights you have under the Australian Consumer Law and to the extent otherwise permitted by law. We will not be liable for any loss or damage to floor coverings, walls, fixtures, furnishings or any other consequential loss caused by a defect in the goods. For the avoidance of doubt, the exclusion of consequential loss applied only to loss occurred outside of the Guarantees provided by the Terms of the Australian Consumer Law.
Product Care & Maintenance
22b. In order to preserve appearance with minimum effort, we offer the following advice:
These easy care recommendations are intended to assist you, our Customer. They are based on our experiences & judgement but must not be regarded as amounting to a Legal Warranty or Liability on our part. Mixers/Tapware/Showers/Accessories should only be cleaned with a mild household detergent or soap and water. It is important that no abrasive cleaners or wax based creams are used as this can result in a build up of deposits/scratch that will detract from the appearance. Ceramic basins, Glass basins, Marble basins & Toilet Suites should only be cleaned with water and a soft rag.
22c. You must present proof of purchase of the goods to obtain Warranty Service. Proof of purchase may consist of either a copy of the purchase receipt or a Builder Handover Document. To claim the Warranty, you must contact us via telephone, email or mail during the Warranty period which is set out that relates to the goods. The Warranty will expire at the end of the stated period from the date of original purchase or Builder handover in the case of new buildings. The Warranty period will not be extended by Warranty Service given during the warranty period. The Warranty is provided by us as supplier to You as the Consumer. It can not be transferred or assigned to another person. Where goods are coupled with a product not made by us, our Warranty is limited only to our goods. Use of replacement parts or the attachment of accessories to our goods will void the Warranty unless the parts or attachments used are genuine and approved by us. You are responsible for proving that goods are /were defective and that any defect or loss was not caused by reason of any matter excluded in these conditions.
23. When you visit our website, we give you a limited licence to access and use our information for personal use.
24. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
25. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the photos, pictures or information on this website without our prior written permission.
26. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
27. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
28. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
29. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. You are not allowed to use any part of this website for any reason not approved by us in writing. This includes but is not limited to copying our texts, images, descriptions, wording, layout, graphics, design and colouring.
30. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
31. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
32. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
33. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
34. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
35. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
36. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
37. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
38. If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Seven (7) Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
39. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
40. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
41. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
1. Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
3. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
4.Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
5. Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
6. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
7. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
8. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
9. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
10. IP Addresses Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
Access to Information
12. We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
13. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
14. We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
16. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site;