Terms and Conditions

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Effective Dec 2019

Last Update Sep 2022

1. INFORMATION ABOUT US

These Terms apply whenever Goods or Services are quoted for, sold, supplied or Delivered by MelStones to a Customer.

“Company”, "we","us", "MelStones" means Betesen P/L (Aust) trade as MelStones, and any person acting on behalf of and with the authority of the Company (including the Company’s authorised franchisees or resellers).

“Customer”, "you" means the person/s buying the Goods as specified in any invoice, document or order.

This website is operated by MelStones. MelStones offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the Australia. We do not accept orders from individuals outside the Australia (unless specified otherwise)

We reserve the right to suspend or terminate our supports and services immediately to ensure the ongoing safety of our staff. (please refer to our Zero Tolerance Policy.)

3. YOUR STATUS

By placing an order from us, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.

Requesting or accepting a Quotation from, placing an Order with or accepting a supply or Delivery of Goods or Services from MelStones by a Customer constitutes acceptance by the Customer of these Terms.

4. CONTRACT

After placing an order, you will receive an e-mail/call/text message from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail/text message that confirms that the Goods has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

5. CONSUMER RIGHTS

To cancel a Contract, you must inform us in writing. You must also return the Good(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Cancellation of orders for Goods made to the buyer's specifications (Special orders) or non-stocklist items (At supplier) will not be accepted once production has commenced, or an order has been placed.

6. DESCRIPTION AND INSTALLATION

The quantity and description of the Goods ordered shall be set out in our quotation, invoice and/or Dispatch Confirmation.

All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions and illustrations contained in our literature and website are solely for the purpose of giving an approximate idea of the Goods described in them. They shall not form part of the contract between us and this is not a sale by sample. All dimensions given are nominal and subject to manufacturing tolerances. The quoted sizes and coverage of our paving ranges, except where using minimal joints, are for the overall areas including appropriate joints.

Natural Stones, particularly igneous products (formed from volcanic eruptions – Granite & Bluestone), inherently have vesiculations, veining and crazing (lines) that may appear on the surface of the stone. These characteristics are normal and are considered part of the stone. These natural characteristics do not affect the structural integrity of the stone. Once the Goods is laid, the natural variations form part of the natural beauty of the stone.

All natural stones are products of nature and no two pieces are exactly alike. You must inspect the material prior to installation to check the colour, veining, thickness, sizing and finish. Prior to installation ensure any blending is completed to meet owner/buyer’s approval. Once the Goods have been laid or installed, and subject to your rights under the Australian Consumer Law, we will not be liable for any Goods with obvious visual faults. No claims will be accepted for any reason after the material is installed.

If the person laying the natural stone Goods is not experienced, your Goods may be damaged. Subject to your Australian Consumer Law rights, we will not be liable for any damage or breakage to Goods after delivery (including during the laying of the Goods) or for any loss you incur as a result of such damage or breakage. We take no responsibility once goods have been laid/installed.

It is common to experience minor damages like edge chipping during the packing or unpacking process of tiles/pavers. These damages are acceptable and are usually used as cuts during installation. Un-calibrated stone tiles/pavers need to be graded before installation, and thicker tiles/pavers should be installed first to determine the floor level. Thinner tiles/pavers should be installed using an appropriate large format floor adhesive. Please note that listed dimensions are nominal, and there may be slight variations in size and thickness for most stones.

All stone tiles should have an initial sealant coat after fixing but prior to grouting as some tiles may absorb pigments from the cementitious. Heavily pigmented grouts may be subject to efflorescence as the salts which hold in the pigmentation are released as part of the drying. All silicone used must be non-acid cure brands.

7. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

All Goods are subject to availability. If you order Goods which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the Goods are available from stock, or cancel your order.

The Company shall not be held liable for any consequential or indirect loss including loss of profits, damage to property suffered by the Buyer whether this loss arises from a breach of duty in contract, late delivery, and defects or in any other way, including negligence on behalf of the Company. It shall, therefore, be a duty of the buyer to take out and maintain a policy of insurance to cover any such losses.

Transporting of goods are handled and processed by external contractors / delivery companies. Any time or date given by us is an estimate only. You shall still accept delivery of the goods even if late and the we will not be liable for any loss or damage incurred by the buyer as a result of the Delivery being late.

8. RISK AND TITLE

The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods , including delivery charges.

9. PRICE AND PAYMENT

The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error. These prices include GST but exclude delivery costs, which will be added to the total amount due as set out in the Delivery Procedure.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Prices paid on old orders are not an indication of future prices and subject to change. We reserve the right to change the price in the event of a variation to the quotation.

Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods  listed on our site may be incorrectly priced.. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Goods is due prior to dispatch of the Goods and must be by cash, card or bank transfer. Payment must be received in full prior to dispatch of the Goods unless agreed otherwise.

All quotations given are valid for a period of 14 days unless otherwise stated.

It's important to make the payment before the due date. If any invoiced amount is not received by the company by the mentioned due date, then, without limiting the company's rights, the following will be applicable unless agreed otherwise:

Late charges may accrue late interest at 2% of the outstanding balance per week after the due date of the invoice or the maximum rate permitted by the law, whichever is lower.

We may condition future orders or suspend our services to you until such an amount is paid in full.

We will provide reminder calls and send dunning letters before taking further actions.

After these steps, if there is no payment agreement, if the customer ignores reminders to pay, or if there is no response from the customer, the company reserves the right to pass the debt to an external debt collection agency. Additional fees may apply from the external debt collection agency. Further legal action may be taken to recover the debt.

10. REFUNDS POLICY

All refunds and replacements are processed in accordance with our Terms and Conditions and Returns Policy which are available for you to read on our website. All returned items are the responsibility of the sender until they reach us.

For change of mind return, you may return them to us within 5 business days of the date of purchase or date of delivery, so long as the Goods meet our Returns Policy.

If Goods received are not as per your order, damaged or defective, please inform MelStones within 48 hours of receiving the delivery. We will accept Goods returns and provide you with a refund. we do ask that if goods are returned, they are in their original condition and accompanied by any packaging that they arrived in. Do not open any packaging or use the Goods as it will be deemed as an acceptance of goods and will not be accepted for return.

The final credit or refund provided will be based on the lesser value of either the original purchase price or the current selling price, and shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.

The returns process can take up to 14 business days from the date your returned was lodged. Once your return has been received, it can take our warehouse team between 3-5 business days to process it.

11. OUR LIABILITY

We warrant to you that any Goods purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Goods you purchased.  We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

Variations in colour matching may occur and the seller gives no warranty that any item of the goods will accurately match any colour catalogues, colour charts and samples of other goods and we accept no liability in respect thereof.

In the unlikely event of Goods reaching you in less than satisfactory condition, please stop using the Goods and notify us immediately. Please note we will not accept responsibility for costs incurred.

We take great care to provide our customers with high-quality Goods that are durable and long-lasting. However, it's important to note that natural stones, such as bluestone, can be porous and require regular maintenance and resealing to prevent staining, rusting, and color changes. Due to the nature of natural stone and the required maintenance, we cannot guarantee that the pavers will maintain their original color and condition over time. Therefore, warranties may not apply to these products. It is important to follow proper care and maintenance instructions for your Goods to ensure their longevity and beauty.

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail, text message or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES AND COMPLAINTS

All notices given by you to us must be given to MelStones. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above.

Any complaints relating to the delivered Goods  must be submitted in writing addressed to Company office within 7 days of the delivery occurring.  If the Customer fails to advise the Company in writing of any matter within 7 days of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's order. 

14. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the: Strikes, lock-outs or other industrial action; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. 

16. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us either by phone, email, website order, verbally or in person unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods ).

18. LAW AND JURISDICTION 

Contracts for the purchase of Goods will be governed by Australian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Victoria.

All information provided above, photographs and content of this website is the intellectual property of MelStones and should not be reproduced, copied or distributed without our consent.

From time to time we may use your details including name, address and email to send you promotional offers, sale advice and other information. If you would like to opt out of these emails please follow the unsubscribe link at the bottom of the email.

If you have any questions regarding our Terms and Conditions, Return Policy or Privacy Policy please feel free to contact us.