Terms and Conditions — Wallux Pty Ltd
Introduction These Terms and Conditions govern your use of the Wallux website and the purchase of goods and services from Wallux Pty Ltd (ABN: [insert ABN]) trading as Wallux, an ecommerce business located in Perth, Western Australia. By accessing or placing an order through our website you agree to be bound by these Terms. If you do not agree, do not use the site or place orders.
Interpretation
“We”, “us”, “our” and “Wallux” refer to Wallux Pty Ltd.
“You” and “Customer” refer to the person or entity
WARRANTIES AND LIABILITY
16.1 Manufacturer Warranties Products sold by Wallux may include manufacturer warranties. These warranties are provided by the product manufacturer and not by Wallux, unless expressly stated. Details of any manufacturer warranty applicable to a product will be set out in the product listing or supplied with the product.
16.2 Wallux Limited Warranty Where Wallux provides a warranty in addition to any manufacturer warranty, the terms, duration and conditions of that warranty will be specified on the product page or in accompanying documentation. To make a warranty claim under a Wallux warranty you must contact Wallux in writing and provide proof of purchase, supporting evidence of the defect (photos or videos where applicable), and any other documentation reasonably requested by Wallux.
16.3 Exclusions and Limitations Except where expressly stated and to the extent permitted by law:
Wallux does not warrant that products will be suitable for a particular purpose unless Wallux has expressly agreed in writing that the product is suitable for that purpose.
Wallux does not warrant that installation or use of the products will be free from defects if the products have been altered, improperly installed, subjected to misuse, neglected, or used with incompatible materials or components.
Coverage under any warranty will be void if the product has been installed or used contrary to manufacturer instructions or Wallux’s written guidance.
16.4 Consumer Guarantees (Australian Consumer Law) If you are a consumer as defined by the Australian Consumer Law (ACL), certain consumer guarantees apply. Nothing in these Terms excludes, restricts or modifies any right or remedy under the ACL that cannot be lawfully excluded. Where a failure in a product represents a major failure under the ACL, you may be entitled to a refund, replacement or compensation for any reduction in value and for reasonably foreseeable loss or damage.
16.5 Limitation of Liability To the extent permitted by law, Wallux’s liability for breach of any condition, warranty or guarantee which cannot be excluded is limited, at Wallux’s election, to:
the supply of the goods again; or
the payment of the cost of having the goods supplied again.
Except as set out above and to the extent permitted by law, Wallux (including its directors, officers, employees, contractors and agents) will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, loss of profits, loss of business, loss of data, delay costs, or loss arising from third-party claims, whether in contract, tort (including negligence) or otherwise, even if Wallux was advised of the possibility of such damages.
INSTALLATION SERVICES
17.1 Scope and Quotation Where Wallux or a third-party contractor engaged by Wallux provides installation services, the scope, price and timeline for those services will be set out in a written quote or service agreement. Any variations to the scope must be agreed in writing.
17.2 Site Conditions and Access You must ensure that the installation site is accessible, safe and prepared as required by Wallux prior to installation. This includes removal of furniture, provision of clear access, completion of any preparatory work specified in the quote, and ensuring electrical and plumbing connections are available if required. If access is delayed or impeded, Wallux may charge additional fees and/or reschedule the appointment.
17.3 Permits and Approvals You are responsible for obtaining any necessary building permits, approvals or consents required for installation, unless explicitly agreed otherwise in writing by Wallux.
17.4 Third-Party Contractors Wallux may use subcontractors for delivery and installation. Wallux remains responsible for the quality of the services provided by its subcontractors to the extent required by law, except where a service is provided entirely by an independent contractor that you engage directly.
17.5 Installation Warranty Installation services provided by Wallux carry a workmanship warranty for the period specified on the quote or service agreement. This warranty covers defects in workmanship but does not cover defects due to subsequent damage, improper maintenance, normal wear and tear, or modifications by third parties.
DELIVERY AND RISK
18.1 Delivery Methods and Carriage Charges Products may be delivered by standard courier, freight carrier or arranged collection. Delivery charges and any applicable freight insurance will be shown at checkout or in the quote. Where freight is quoted as “estimate”, final charges may vary and will be confirmed prior to dispatch.
18.2 Delivery Times Delivery times provided are estimates only. Wallux will use reasonable endeavours to meet estimated delivery times but is not liable for delays caused by suppliers, carriers, customs, natural events, industrial action or other events beyond its control.
18.3 Risk and Title Risk of loss or damage to goods passes to you at the time the goods are delivered to the delivery address nominated by you or when collected by you or your nominated