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TERMS OF USE

OF

AU CAESARSTONE ONLINE STORE


 

  1. GENERAL

These terms of use (“Terms of Use") set forth herein apply to the AU e-commerce website owned, operated, licensed, and/or controlled by CAESARSTONE AUSTRALIA PTY LTD. and/or its affiliates (collectively, “Caesarstone”, the "Company", “We”, “Us” or “Our”), located at the following domain address: Cspartners.caesarstone.com.au (“AU Caesarstone Store” or “Website”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

By using, accessing or browsing through this Website you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Website.

Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check periodically the Website to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the Website, shall constitute your consent to the new or revised Terms of Use.

 

  1. TERMS AND CONDITIONS OF SALE

These Terms of Use and the Terms and Conditions of Sale of which may be amended from time to time, at Caesarstone’s sole discretion and are incorporated herein by reference (and shall hereinafter be deemed a part of any reference to these “Terms of Use”), set out the terms and conditions that will apply when you place an order of products through the AU Caesarstone Store (“Products”), and consist of, inter-alia, the following terms: payment terms, delivery terms, order cancellation, returns, product warranty, etc. Please read them carefully before placing an order with us. The purchase via AU Caesarstone Store is intended only for corporate customers. By placing an order with us, you (the “Customer”, “your” or “you”) hereby confirm that you have read, understood and accept the Terms and Conditions of Sale, and agree to be bound by those terms. If you do not agree to these Terms and Conditions of Sale, you should not place an order with us.

 

  1. CUSTOMER ACCOUNT

In order to gain initial access to certain products, features or services offered on or through the Website, you should contact Caesarstone sales department, and subject to the fulfilment of these Terms of Use, a temporary username and password will be sent to your registered email address, which you will be prompted to change when you first log on to your account. You are responsible for keeping your account information and password strictly confidential, including within your company, and are responsible for all activity that occurs under your account. You agree to notify the Company without delay of any unauthorized use of your account or any other breach of security.

 

  1. HOW TO PLACE AN ORDER

To place an order, simply add the items you wish to purchase to your Shopping Cart. Prior to Checkout, you can review the items in your Shopping Cart, add/remove items and update quantities as needed. To complete your order, click on the 'View Cart' link to review your Shopping Cart. If you are ready to proceed with your purchase, click on the ‘Checkout’ button at the bottom of the page. You should carefully check your order prior to completing it, in all respects.

During the checkout process, and in order to complete your order: (i) you shall select a payment option, where applicable, of credit card, PayPal or credit account (“Bill Me”). You will pay for the Products according to the payment terms assigned to you by Caesarstone, but we will not charge your credit card or PayPal or credit account until we are ready to dispatch the Products to you; and (ii) you will be required to accept the Terms and Conditions of Sale associated with your purchase, which can be found here. Following that, you review your order for accuracy and click on the ‘Place Order’ button to process your order.

 

  1. ORDERING PROCESS

Once you place an order through the Website, an automated email notification confirming your order details will be sent to you at the email address you provide (“Confirmation Email”), provided however, that all orders are subject to, without limitation, (i) the then current availability (provided that we have not identified any other unavailability issue or error in the price or description of the Product and to (ii) our written acceptance with respect to each order, and nothing in such Confirmation Email shall be deemed as our acceptance of your order. We will assign an order number to your order and deliver it to you in our written confirmation of your order by email. You should have your order number whenever you contact us about your order.

While we make every effort to ensure that items appearing on the Website are available and the details to be accurate, we cannot guarantee that all products are in stock or that we will not identify any other unavailability issue or error in the price or description of the Product when you submit your order. If the products you have ordered are not available from stock or we have identified any other unavailability issue or error in the price or description of the Product, our customer service will contact you accordingly by e-mail or phone (if you have given us details). You will have the option either to wait until the Product is available in all respects or to cancel your order

If before accepting your order, we find that you have exceeded the credit line assigned to you, our customer services will contact you and inform you of this. Once you have settled your debt and your payment have been received, we will process your order.

We also reserve the right not to accept your order if we suspect that it contravenes applicable law or has not been placed in good faith, adverse past our experience and events with respect to your company and/or any other reason we deem reasonable based upon our sole discretion, without being obliged to elaborate and/or explain.

The AU Caesarstone Store is solely for the promotion of Products in Australia. Unfortunately, orders for delivery to addresses outside Australia cannot be placed through the AU Caesarstone Store, unless otherwise specifically confirmed by the Company in writing in advance.

 

  1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to your order, please contact us as soon as possible. We will let you know if the change is possible, subject to our sole discretion, without being obliged to elaborate and/or explain. If it is possible, we will let you know about any changes to the price, quantity, availability or other details of the Product(s) you have ordered, the timing of supply or anything else resulting from your requested change and ask you to confirm whether you wish to go ahead with the change.

 

  1. PRODUCT PRICES

All prices for Products are shown on the Website in AUS Dollars. The check-out process may or may not include VAT and sales tax, nor the delivery fees and other, all of which will be added in the invoice to the amount payable by you. The total amount payable by you for the Product(s) you are ordering will be shown on the order page when you place your order excluding the aforementioned. We take all reasonable care to ensure that the price and other details of the Product advised to you are correct. However, please see clause ‎8 for what happens if we discover an error in the price or other details of the Product you order. We may change the prices and/or detailed listed on the Website at any time without notice and any price increase will apply to all orders placed after such changes take effect. You should check the Website and your order for review of such changes.

 

  1. PRODUCT DISPLAY AND COLOURS

The images of Products on the Website are for illustrative purposes only. Although we have made every effort to display the colors and design accurately as possible, we cannot guarantee that a device's display accurately reflects the color and design of the Products. Your Product may therefore vary slightly from those images.

Before placing an order, please ensure that the Product(s) you intend to purchase are compatible for their intended use; you should use the information provided on the Website and/or in the Terms and Conditions of Sale, and if not provided you should contact Caesarstone sales department, as a reference when checking compatibility,.

We do not guarantee the availability of any Product and we reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product, temporarily or permanently, whether before or after acceptance of your order. Please note that some Products may be unavailable even if the Website indicates that they are in stock and available, and adding a Product to your basket does not guarantee the availability of that Product. We reserve the right to cancel an order previously accepted by us if it transpires that the Product you ordered is out of stock, otherwise unavailable or that we have identified an error in the price or description of the Product.

Whilst we take all reasonable care to ensure that the information on the Website is accurate, we reserve the right to correct errors or inaccuracies and to change or update such information at any time without notice and such change or update will apply to all orders placed after such changes and/or updates take effect.

 

  1. RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information, model names, model numbers and series, pictures, photos, iconography, text, visualizations, content and/or material posted on the Website (“Materials”) are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website. By accessing and/or using the Website, you agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not, directly or indirectly, embed, utilize, copy, reproduce, republish, upload, post (unless where specifically permitted by us), transmit, or otherwise use or distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, internal and non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Modification of the Materials or use of the Materials for any other purpose and to any extent, including without limitations the use of Materials on any other Website or networked computer environment is strictly prohibited, and be deemed a violation of the Company's copyright and other proprietary (including intellectual property) rights.

 

  1. PATENTS

Without limiting any of the foregoing or hereunder, the Company's or any of its affiliates products, technology and processes referred to or posted on the Website may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and the Company and/or its affiliates reserves all such rights.

 

  1. TRADEMARKS

Without limiting any of the foregoing or hereunder, CAESARSTONE, the Company's logo and other trademarks included in the Website are trademarks of the Company. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by the Company.

 

  1. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

The Company is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to alleged intellectual property related violations on this Website should be addressed through our customer service available at 1300-119-119 (SA, VIC, NSW and QLD) or 08-9400-6900 for WA.

The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws.

 

  1. DOWNLOADS

Any download of data and/or files from the Website shall be at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 

  1. LINKING TO THE WEBSITE

Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with the Company’s name and trademarks; (c) all links to the Website must "point" to the URL “________________” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a "frame" on the linking Website, or any other Website.

Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Website, at any time in its sole discretion.

 

  1. DISCLAIMER

THE PRODUCTS SOLD ON AU CAESARSTONE STORE ARE SUBJECT TO ANY STATUTORY WARRANTIES AND, WHERE APPLICABLE, ONLY WARRANTED ACCORDING TO THE TERMS OF THE MANUFACTURER WARRANTY THAT ACCOMPANY THE PRODUCTS.

EXCEPT AS EXPRESSLY GUARANTEED IN THE MANUFACTURER WARRANTY THAT ACCOMPANY THE PRODUCT, NO GUARANTEE IS PROVIDED.

THE AU CAESARSTONE STORE AND ITS MATERIALS AND CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.

THE COMPANY DOES NOT WARRANT AND MAKE NO REPRESENTATIONS NOR GIVE ANY ASSURANCE OTHER THAN EXPRESSLY CONTAINED HEREIN REGARDING THE AU CAESARSTONE STORE, INCLUDING THAT YOUR USE OF THE AU CAESARSTONE STORE AND THAT THE MATERIALS AND CONTENT DISPLAYED IN AU CAESARSTONE STORE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS WITH REGARD TO THE PRODUCTS OR TO THE MATERIALS OR CONTENT IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE (INCLUDING WITH RESPECT TO ANY THIRD PARTY CONTENT OR SERVICE OFFERRED IN THE WEBSITE), OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEBSITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Use.

 

  1. THIRD PARTY’S CONTENT

To the extent that the Website contains links or any other information to outside services and resources, the Company is not responsible or control those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.

 

  1. NO ENDORSEMENT

No reference made in this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of the Company, constitute or imply an endorsement, recommendation or favoring by the Company.

 

  1. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

The Company reserves the right to limit or revoke your access to this Website in its sole discretion, at any time, and for any reason, temporarily or permanently, including, but not limited to technical difficulties or violation of these Terms of Use, and without being obliged to elaborate and/or explain.

 

  1. PRIVACY POLICY

The Privacy Policy in connection to this Website is available at: [insert a link].

 

  1. MISCELLENOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties will submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Court Tel-Aviv, Israel.

If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. These Terms of Use, together with our Terms and Conditions of Sale, and Privacy Policy, represent the entire agreement between you and us in relation to the purchase of Products by you on AU Caesarstone Store and supersede all prior agreements and representations between the parties. These Terms of Use shall not be modified except as provided herein. The Company may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

 

  1. CONTACT US

Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us at 1300-119-119 (SA, VIC, NSW and QLD) or 08-9400-6900 for WA.

 

Updated March 1, 2017