1. Definitions & Interpretation
1.1 In these Terms and Conditions:
Agreement means the agreement between Europe Imports and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions, as evidenced by Europe Imports’ acceptance of an Order.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means Monday to Friday, excluding gazetted public holidays in New South Wales.
Buyer means the buyer of the Goods as specified in any Quote or Order accepted by Europe Imports.
Delivery means physical delivery of the Goods to the Buyer or the Buyer’s representative, employee or agent at the Delivery Address.
Delivery Address means the address specified by the Buyer for delivery of the Goods.
Europe Imports means Europe Imports Pty Ltd ABN 78 108 098 719, its successors and assigns.
Goods means mosaic tiles, porcelain tiles, natural stone tiles, adhesives, grouts, sealers, tile installation materials and accessories, and any other products supplied by Europe Imports to the Buyer as specified in any Quote or Order.
GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Inspection Period means the period from Delivery to 5pm on the fifth (5th) Business Day after the day of Delivery.
Loss includes costs (including legal costs calculated on an indemnity basis), expenses, damages, lost profits, awards of damages, personal injury, property damage and any other loss or damage of any nature.
Order means the Buyer’s written acceptance of Europe Imports’ Quote, whether by email, text message, signed purchase order or other written confirmation.
PPSA means the Personal Property Securities Act 2009 (Cth).
Price means the price for the Goods as determined in accordance with clause 4.1 below, inclusive or exclusive of GST as stated.
Price Notice means written notice of the applicable Price where an Order is given without a Quote, and incorporates these terms by reference.
Return Approval has the meaning given in clause 8.1.
Quote means Europe Imports’ written quotation to the Buyer specifying the Goods, quantities, prices, a unique reference number and any applicable terms.
Terms and Conditions means these terms and conditions as amended from time to time.
1.2 Unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words importing any gender include all genders;
(c) references to persons include corporations, partnerships, trusts, and other legal entities;
(d) headings are for convenience only and do not affect interpretation;
(e) references to legislation include any amendment, replacement or re-enactment;
(f) words importing ‘including’ are not limiting; and
(g) where any word or phrase is given a defined meaning, any other part of speech or grammatical form has a corresponding meaning.
2.1 These Terms and Conditions apply to all sales of Goods by Europe Imports and form the entire agreement between Europe Imports and the Buyer to the exclusion of all other terms and conditions, including any terms contained in the Buyer’s purchase order, correspondence or other documents.
2.2 Any instructions received by Europe Imports from the Buyer for the supply of Goods, or the Buyer’s acceptance of Goods supplied by Europe Imports, shall constitute acceptance of these Terms and Conditions.
2.3 The Buyer’s acceptance of any Quote from Europe Imports by placing an Order shall constitute an agreement between the parties on these Terms and Conditions.
2.4 No modification of these Terms and Conditions shall be binding unless agreed to in writing and signed by an authorised officer of Europe Imports.
2.5 If there is any inconsistency between these Terms and Conditions and any Quote, these Terms and Conditions shall prevail unless the Quote expressly states otherwise.
3.1 All Quotes issued by Europe Imports are invitations to treat and do not constitute binding offers. A binding offer is made by the Buyer through the placement of an Order in accordance with these Terms and Conditions.
3.2 Quotes are valid for thirty (30) days from the date of issue unless otherwise specified, after which Europe Imports may withdraw or amend the Quote without notice.
3.3 Following receipt of an Order, Europe Imports may accept or decline the Order in its absolute discretion. Europe Imports shall be deemed to have accepted an Order if it has not given written notice declining the Order within five (5) Business Days of receipt.
3.4 All Orders must specify:
(a) the date of the Order;
(b) the Quote reference number;
(c) the Delivery Address; and
(d) any specific delivery requirements.
If an Order is for a quantity of Goods different to that specified in the Quote, the Order must in addition specify:
(e) exact description and quantities of the Goods ordered;
(f) the agreed Price;
3.5 Europe Imports reserves the right to amend any Quote before acceptance to reflect changes in supplier costs, exchange rates, taxes, duties or other material cost variations.
3.6 The Buyer may place an Order without a Quote. In that event, the price will be determined by Europe Imports, in accordance with clause 4.1 below. A Price Notice may be given in the form of a provisional invoice. Unless the Buyer by written notice withdraws the Order within 7 days of receiving the Price Notice, or if the Goods the subject of the Order and Price Notice are delivered to the Buyer, the Price Notice will be deemed accepted by the Buyer and the a concluded sale will come into effect. At that point the provisional invoice, if any, shall automatically become a final invoice or if there is no provisional invoice Europe Imports may issue an invoice in respect of the concluded sale.
4.1 The Price for Goods shall be as specified in the accepted Quote or where there is no Quote, as determined by Europe Imports in accordance with its then current published price list, or as it otherwise determines in its discretion and notifies to the Buyer in a Price Notice. All prices are in Australian dollars unless otherwise stated.
4.2 Unless otherwise specified, all prices are exclusive of GST, packaging, freight, insurance and other delivery costs, which shall be additional charges payable by the Buyer.
4.3 Payment terms are:
(a) for new customers or cash customers: payment in full before dispatch of Goods; or
(b) for approved credit customers: payment within the credit terms specified in the credit application (being seven (7), fourteen (14) or thirty (30) days from the date of invoice or end of month (as the case may be)), with time being of the essence.
4.4 Europe Imports may require a deposit of up to fifty percent (50%) of the Price before commencing any order, particularly for special orders or bespoke tile cutting services.
4.5 Payment shall be made by electronic funds transfer, bank cheque or other method agreed by Europe Imports.
4.6 Interest at the rate of eighteen percent (18%) per annum calculated daily shall accrue on all overdue amounts from the due date until payment in full. Such interest shall be capitalised monthly and compound. Europe Imports may notify the Buyer in writing that such interest must be paid. If no such notice is given prior to a payment being made, interest on the amount paid will be deemed waived.
4.7 The Buyer shall pay all costs and expenses (including legal costs on an indemnity basis and debt collection agency fees) incurred by Europe Imports in recovering overdue amounts.
4.8 If any payment is dishonoured, the Buyer shall pay all bank dishonour fees and associated costs.
5.1 Delivery shall be made to the Delivery Address during normal business hours (9:00 am to 5:00 pm) on Business Days unless otherwise agreed, subject to clause 5.9.
5.2 Subject to clause 5.9, Europe Imports shall use reasonable endeavours to deliver Goods within any estimated timeframe, provided however that delivery dates are estimates only and time is not of the essence for Delivery unless expressly agreed in writing.
5.3 Europe Imports may deliver Goods in instalments and issue separate invoices for each instalment.
5.4 Delivery shall be deemed to occur when:
(a) the Goods are delivered to the Delivery Address and signed for by the Buyer or the Buyer’s representative, employee or agent; or
(b) if no person is available to receive delivery of the Goods, when the Goods are left at the Delivery Address; or
(c) if the Buyer collects the Goods, when the Goods are collected from Europe Imports’ premises.
5.5 The Buyer shall provide adequate access and facilities at the Delivery Address for unloading. Standard delivery is kerbside only. Any special handling, crane hire or additional labour required shall be at the Buyer’s cost.
5.6 Risk in the Goods passes to the Buyer upon Delivery, regardless of when title passes.
5.7 If the Buyer fails to take delivery when the Goods are ready for delivery, Europe Imports may charge reasonable storage costs, and the Buyer shall remain liable for the Price and all additional costs incurred.
5.8 If a person is not available to take delivery of the Goods at the Delivery Adress, Europe Imports is authorised to leave the Goods at the Delivery Address unless the Buyer otherwise specifies in writing, subject always to clause 5.9.
5.9 The Buyer acknowledges that:
(a) Europe Imports engages third party contractors to undertake delivery, and
(b) the drivers of such contractors may determine in their discretion that the conditions of the site for delivery are not fit for safe delivery in the absence of the Buyer’s personnel signing for such delivery.
6.1 Retention of Title: Title to the Goods remains with Europe Imports until:
(a) all amounts owed by the Buyer to Europe Imports in respect of the Goods (including the Price and costs payable under this Agreement) have been paid in full; and
(b) all other obligations of the Buyer to Europe Imports in respect of the Goods have been satisfied.
6.2 All Monies Security: The retention of title created by clause 6.1 secures payment of all amounts owing by the Buyer to Europe Imports in respect of the Goods, and whether arising before or after the date of these Terms and Conditions or the Agreement.
6.3 PPSA Security Interest: Until title passes to the Buyer, Europe Imports has a security interest in the Goods and their proceeds within the meaning of the PPSA. This agreement constitutes a security agreement for the purposes of the PPSA.
6.4 Buyer’s Obligations: Until title passes to the Buyer:
(a) the Buyer holds the Goods as bailee for Europe Imports and shall store them separately and in a manner that clearly identifies them as belonging to Europe Imports;
(b) the Buyer shall maintain the Goods in good condition and at its own expense;
(c) the Buyer shall insure the Goods for their full replacement value with Europe Imports noted as loss payee;
(d) the Buyer shall not create any security interest over the Goods nor allow any lien or encumbrance to attach to the Goods;
(e) the Buyer grants Europe Imports an irrevocable licence to enter any premises where the Goods may be located to inspect or repossess the Goods; and
(f) if the Buyer processes, manufactures, incorporates or mixes the Goods with other materials, Europe Imports shall own the resulting products to the extent of the value of the Goods.
6.5 Proceeds: If the Buyer sells or otherwise deals with the Goods before title passes, the Buyer shall hold the proceeds of sale on trust for Europe Imports in a separate account and pay such proceeds to Europe Imports immediately upon demand.
6.6 Right of Disposal: Europe Imports may sue for the Price of the Goods notwithstanding that title has not passed to the Buyer.
6.7 PPSA Registrations: The Buyer consents to Europe Imports registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by Europe Imports for registration, including the provision of information and execution of documents.
6.8 PSA Waivers: To the maximum extent permitted by law, the Buyer waives its rights under the PPSA to:
(a) receive notice of verification statements;
(b) receive notice of removal of accessions;
(c) receive notice of disposal of the Goods;
(d) receive statements of account;
(e) redeem the Goods;
(f) reinstate the security agreement; and
(g) receive notice of any other matter under the PPSA,
unless such notice is required by the PPSA and cannot be excluded.
7.1 The Buyer must inspect all Goods as soon as practicable upon Delivery and must in any event notify Europe Imports in writing of any alleged defects, damage, shortage or non-compliance within the Inspection Period.
7.2 The Buyer shall be deemed to have accepted the Goods if it fails to give notice under clause 7.1 within the Inspection Period.
7.3 Europe Imports shall not be liable for:
(a) minor variations in colour, texture, size or pattern which are characteristic of natural materials or manufacturing processes;
(b) defects that are apparent upon reasonable inspection but are not notified within the Inspection Period;
(c) damage occurring after Delivery; or
(d) defects arising from improper storage, handling, installation or use of the Goods.
7.4 Natural stone and ceramic products may contain inherent variations in colour, veining, texture and other characteristics. Such variations are not defects and samples are indicative only.
8.1 Subject to clauses 8.3 and 9.1, Goods may only be returned with Europe Imports’ prior written consent (Return Approval) and subject to the following conditions:
(a) the Goods are in their original condition, unused and in original packaging and accompanied by all documentation issued by Europe Imports in relation to the Goods and the Return Approval;
(b) Stone and porcelain Goods must be returned to Unit 1B, 3-15 Bennett Street Chester Hill, NSW and Ezarri Goods must be returned to Unti 1, 360 Vardy’s Road King’s Park, NSW
(c) special orders, cut tiles, adhesives, grouts and sealers cannot be returned;
(d) returns must be made within fourteen (14) days of the Return Approval date;
(e) the Buyer pays all freight costs for return and re-delivery;
(f) a restocking fee of twenty percent (20%) of the Price applies (up to a maximum of $200) and will be applied within 72 hours after the Return Approval – by reducing the credit amount for the returned Goods;
(g) the buyer shall be entitled to a credit note only for the returned Goods, no cash refund will be payable and
(h) credit notes issued for returned Goods expire twelve (12) months from the date of issue.
8.2 Without in any way limiting Europe Imports’ right to withhold a Return Approval, a Return Approval may be refused for the following reasons:
(a) The Goods were returned 30 days or more after the date of the invoice for those Goods,
(b) Europe Imports no longer has other stock the same as the returned Goods,
(c) The Returned Goods were purchased under sales or promotion conditions,
(d) The Goods were returned without a Return Approval and required documentation,
(e) Any of the Goods are damaged or not in its original packaging, and/or
(f) Goods were returned otherwise than to the applicable address listed at clause 8.1(b) above.
8.3 Defective Goods accepted for return by Europe Imports will be replaced or repaired at Europe Imports’ option, or the Buyer may receive a full refund if the Goods constitute a major failure under the Australian Consumer Law.
9.1 Consumer Guarantees: Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, warranty, condition or other right which cannot be lawfully excluded under the Australian Consumer Law.
9.2 Non-Consumer Sales: Subject to clause 9.1, where the Buyer acquires Goods for the purpose of resupply or use in trade or commerce:
(a) all conditions and warranties implied by law are excluded to the maximum extent permitted;
(b) Europe Imports’ liability is limited to, at its option: (i) replacement of the Goods; (ii) repair of the Goods; (iii) payment of the cost of replacing the Goods; or (iv) payment of the cost of repairing the Goods; and
(c) Europe Imports shall not be liable for any indirect, consequential, economic or special loss or damage whatsoever.
9.3 Technical Information: Any technical data, recommendations or advice provided by Europe Imports are given in good faith, but Europe Imports accepts no liability for their accuracy or suitability for any particular purpose.
9.4 Exclusion of Liability: Subject to clause 9.1, Europe Imports shall not be liable for:
(a) any loss or damage arising from improper installation, use or maintenance of the Goods;
(b) any loss or damage exceeding the Price of the Goods;
(c) any claim made more than twelve (12) months after Delivery; or
(d) any loss or damage where the Buyer has failed to pay amounts owing to Europe Imports.
10.1 Europe Imports may immediately suspend or terminate supply of Goods and/or cancel any Order if:
(a) any amount owing by the Buyer becomes overdue;
(b) the Buyer breaches any provision of these Terms and Conditions;
(c) Europe Imports reasonably believes the Buyer may be unable to pay its debts as they fall due;
(d) the Buyer enters into any arrangement with creditors, becomes insolvent, or has a receiver, administrator or liquidator appointed; or
(e) in the case of an individual, the Buyer becomes bankrupt or enters into a personal insolvency agreement.
10.2 Upon termination or suspension:
(a) all amounts owing by the Buyer become immediately due and payable;
(b) Europe Imports may enter any premises and repossess any Goods where title has not passed;
(c) Europe Imports may complete, cancel or suspend any orders in progress; and
(d) the Buyer shall indemnify Europe Imports for all Losses arising from such termination.
10.3 The rights and remedies of Europe Imports under these Terms and Conditions are cumulative and not exclusive of any other rights or remedies available at law or in equity.
11.1 Force Majeure: Europe Imports shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including acts of God, government actions, strikes, lockouts, transport difficulties, supply chain disruptions, pandemics, or material shortages.
11.2 Assignment: Europe Imports may assign its rights and obligations under these Terms and Conditions. The Buyer may not assign its rights without Europe Imports’ prior written consent.
11.3 Set-off: The Buyer may not set off any amount it claims is owing by Europe Imports against any amount payable to Europe Imports.
11.4 Severability: If any provision of these Terms and Conditions is invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
11.5 Waiver: No waiver by Europe Imports of any breach of these Terms and Conditions shall constitute a waiver of any other or subsequent breach.
11.6 Governing Law: These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
11.7 Notices: Any notice under these Terms and Conditions must be in writing and may be given by email, registered post or personal delivery. Notices are deemed received:
(a) if by email, when transmitted (unless the sender receives a delivery failure notification);
(b) if by registered post, three (3) Business Days after posting; or
(c) if by personal delivery, when delivered.
11.8 Amendment: These Terms and Conditions may be amended by Europe Imports at any time by notice to the Buyer. Such notice shall be deemed duly given when any document incorporating the new terms is first sent to the Buyer or when the new terms are first published on Europe Imports’ website, whichever first occurs. Such new terms will apply to all transactions occurring after the date of notice.
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Showroom:
Unit 1 360 Vardys Road Kings Park
Monday to Friday 9am – 5pm
Saturday 10am – 3pm via appt. only
Sunday – CLOSED
