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Terms-Conditions-web

Terms & Conditions

ABI Interiors Pty Ltd (ABN 22 612 741 385)

Effective Sept 2024

1. Application

In these Terms and Conditions of Supply (Terms), “we”, “our”, “us”, “ABI” or “ABI Interiors” means ABI Interiors Pty Ltd (ABN 22 612 741 385), and “you” means the person, organisation or entity accessing purchasing products or related services from us.

2. Consenting to these Terms and Conditions

  1. These Terms govern the relationship between you and ABI when you purchase products or otherwise deal with us. You agree that by placing any order with ABI, you are bound by these Terms from the time of confirmation of payment for your order.
  2. To the extent that these Terms apply to an existing order, they may only be varied by written agreement between you and ABI. 

3. Our products

3.1 Description of products
ABI endeavours to ensure that all the products listed on our website are accurately described. It is possible that our website will contain errors and ABI reserves the right to correct any errors or inaccuracies at any time, including after you have placed an order.

3.2 Product Variation

  1. Some products ABI offers for sale are made from natural or handmade materials. As a result, there may be slight variations between the product image(s) and the product you receive.
  2. Hand made products, including but not limited to tiles and flooring may include minor blemishes and variations in colour, shape, pattern distribution and finish.
  3. ABI endeavours to ensure that all finishes are displayed accurately on our website and across marketing materials.  However, different displays and filters may result in the finish and colour appearing differently from the true product.
  4. Due to the nature of the colouring process, there may be slight colour variations between products and batches.
  5. Returning items based on:
    1. display based discrepancy;
    2. batch discrepancy;
    3. discrepancies due to optical effects such as hazing or smudging at varying light sources and at differing angles; or
    4. any qualities listed in clause Error! Reference source not found. that result from the hand made nature of a product will be classified as a ‘change of mind return’ and therefore must be made in accordance with ABI’s Returns for change of mind policy.


3.3 Withdrawal of products
ABI reserves the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website.

4. Ordering

4.1 Method
a. Orders can be placed with us by using our online checkout process, directly with our team at one of our showroom locations, or by calling or emailing our team.
b. You are responsible for checking that the quantities and colour choices of products in your basket, proforma invoice or tax invoice, as wells as the payment and delivery details on your order, are correct before completing the payment process. ABI will not be liable for any incorrect orders or failure of delivery resulting from the entry by you of incorrect details.
c. ABI reserves the right to, at our absolute discretion, accept or reject an order depending on a variety of factors, including but not limited to:
i. availability of the products ordered;
ii. our ability to validate payment for the products;
iii. any breach by you of these Terms or any other terms or policies set out on ABI’s website, or
iv. in the event of abuse or mistreatment of any ABI staff; or
v. in the event of actual or suspected fraud, misuse, an attempt at deception, or in the event of suspicion of other illegal activities in connection with the use of ABI’s website or purchase of ABI’s products.
d. You must not order products or services from us if you are less than eighteen (18) years of age. ABI may, at our discretion, void any order by a person under eighteen (18) years old.


4.2 Invoice
a. You agree that:
ii. the terms of these Terms and Conditions; and
iii. the terms set out in any proforma or tax invoice provided in relation to an order, apply to the provision of any products by ABI to.

5. Availability

5.1 Stock levels
a. To the extent that stock levels are represented on our website, they are subject to change without notice.
b. Products will not be secured for you until payment for those products has been processed.
c. An unpaid proforma invoice or tax invoice is not a confirmation that a product will be in stock at the time of paying for your order.

5.2 Changes to availability
a. If for any reason, ABI cannot supply a product you have ordered, an ABI team member will contact you using the details provided by you at the checkout process to amend, cancel or place your order on backorder as agreed with you.
b. If you choose to place your order on backorder as a result of clause 1.1(a), your order will automatically be shipped to you, at ABI’s expense unless the product is a free shipping excluded product or your total order value does not meet free shipping minimum spends, once it arrives in stock.
c. You will be notified by email once your back order has been dispatched.
d. Estimated backorder dates can be found on your tax invoice and are subject 
to change.

5.3 Substitute products
ABI must not substitute the supply of any of the products with the supply of any other products without your prior consent.

6. Delivery

6.1 Information
a. You are responsible for ensuring that all information required to deliver your products is correct.
b. ABI may not be able to update your details once submitted.
c. ABI accepts no liability for products delivered to an incorrect address as a result of you entering incorrect details.

6.2 Shipping timeframes
a. Any timeframes quoted by ABI are provided as an estimate only and ABI will not be liable for a failure to deliver products within any quoted timeframes.
b. Tracking will be emailed to the nominated shipping email on your order upon dispatch from our warehouse.
c. Any failure by ABI or our subcontractors to deliver within the estimated timeframes will not entitle you to cancel your order in whole or in part, or entitle you to any compensation.

6.3 Delivery
a. Products will be deemed to be delivered when:
i. they are delivered to the delivery location nominated on your order, as evidenced by the postal tracking information, or
ii. Where local pick-up is elected, when they are collected by you from ABI’s premises.
b. Subject to clause Error! Reference source not found., you are responsible for all costs associated with shipping your order.

 

6.4 Free shipping
a. ABI offers free standard shipping within Australia for all purchases over $1000, calculated after any special offers or discounts have been applied and not including the cost of any products that are ineligible for free shipping.
b. A delivery fee will apply to all orders dispatched with express shipping; all orders under $1000, and all orders containing products ineligible for free shipping.
c. Products that are ineligible for free shipping include all products in ABI’s tiles and flooring range, and any other products listed as ineligible for free shipping in their product description from time to time.



6.5 Pack and hold
a. You may request that ABI pack and hold your order prior to shipping for:
i. up to 2 weeks in respect of orders totalling less than $20,000; or
ii. up to 12 weeks in respect of orders totalling $20,000 or more.
b. ABI will not hold an order except where you have received confirmation from ABI in writing; ABI may refuse to hold an order at its absolute discretion.
c. Provided you have paid for your order in full, ABI will dispatch the order at the end of the confirmed period.



6.6 Title and risk
a. Risk in the products will pass to you once the products have been delivered to the delivery location set out in your order.
b. Confirmation of delivery from the shipping provider will be taken as evidence that your products have been correctly delivered.
c. ABI accepts no liability for products that are lost or stolen after confirmation of delivery.
d. Title in the products will pass to you once payment of the products has been processed in full.



6.7 Inspection
a. On receipt of your order, you are responsible for inspecting all items to ensure that:
i. the product is not damaged; and
ii. the product has all its components included in the packaging.
b. If a product is in any way damaged, or is missing any components:
do not install the product; and
contact ABI via our warranty portal: or at [email protected] within 3 days of delivery.



6.8 Failed delivery
a. In the event that your order is returned to sender, ABI will attempt to contact you via the contact details provided with your order.
b. Where ABI cannot contact you within 14 days of receiving the returned order, ABI may cancel and refund your order.

7. International orders

  1. International orders are any orders placed via ABI’s Australian store with a delivery address outside of Australia (excluding the markets in which we operate.)
  2. Any delivery costs, or time estimates made by ABI in respect of an international order do not include the time your order may spend in customs. You may be required to pay customs and import taxes on your order once your delivery reaches your country’s customs port. ABI is not liable for your country’s customs fees nor can we advise on what may apply to you.
  3. Australian GST is removed from the total cost of the sale to help minimise the cost of your purchase.
  4. For all international orders:
    1. in-stock items will be dispatched immediately, and
    2. backordered items will be held by ABI until all backorder items in the order are ready for dispatch.
 Please note, items shipped separately due to backorder maybe liable for additional customs duties. Please advise if you wish to hold your entire order and receive one shipment only prior to making payment for your order.
  5. ABI products are tested and certified to meet all required standards in the markets in which we operate. View the countries where ABI operates here (Certified Countries). Products purchased for installation in a country that is not a Certified Country may not meet the installation country’s standards and may not be appropriate for installation or use in that country.
  6. ABI’s promotional free shipping offer for orders over $1000 does not apply to delivery addresses outside Australia.

8. Payment

8.1 Payment methods
a. ABI requires full payment upon placement of your order unless otherwise agreed in writing.
b. ABI accepts payment by eftpos, credit card, AfterPay, PayPal, valid gift voucher, ABI-issued store credit, and, for in-store purchases, cash.
c. Where payment is made with credit card, ABI reserves the right to levy a credit card merchant fee (including GST) to cover bank charges.
d. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure and ABI employs the latest technology and use secure payment gateways. However, in the absence of negligence on our part, ABI will not be legally responsible to you for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or your information is used in an unauthorised manner by a third party.



8.2 Proforma Invoices (quoted prices)
Quoted prices made by an ABI sales representative are valid for 30 days from the date of issue of a proforma invoice, except to the extent that a limited time special offer applies to products in the proforma invoice. 

8.3 Tax invoice
a. Where ABI issues a tax invoice prior to payment of your order, that tax invoice is valid for 7 days from the date of issue, except to the extent that a limited time special offer applies to products in the tax invoice.
b. It is your responsibility to check that the quantities and colour choices of products in your basket or otherwise invoiced are correct before completing the payment process, and that all your information, including payment and delivery details are correct.

8.4 Purchase Price
a. Subject to clause Error! Reference source not found. (Error! Reference source not found.) you must pay ABI the price for each product in your order as set out at checkout on our website, or in any invoice issued to you by ABI and, subject to clause Error! Reference source not found. (Error! Reference source not found.) any relevant delivery costs at the time of placing your order.
b. All product prices are listed in Australian Dollars (AUD).

8.5 Confirmation
a. ABI will provide you with a valid tax invoice for the products on confirmation of your order.
b. A tax invoice delivered under this clause will:
i. be a valid tax invoice for the purposes of the GST Act;
ii. contain a description of the products in your order;
iii. outline the basis for calculation of the amount set out in the tax invoice based on the unit price for each product and number of items delivered; and
iv. contain any further information required in any applicable GST legislation.

8.6 Deferred payments
a. You may be eligible to defer payment for orders over $20,000, subject to confirmation by ABI.
b. Where payment is deferred in accordance with clause 1.1(a), you will be required to pay a minimum deposit of 30% of the total price of your order, excluding GST and shipping costs.
c. The balance of the invoiced amount is payable within 12 weeks from the date of payment of the deposit.
d. Your order will not be dispatched until payment has been made in full.
e. You may adjust your order prior to dispatch, however:
i. if the total price of the order is increased by more than 5% then an additional amount must be paid to ABI to increase the initial deposit amount to 30% of the updated total order value; or
ii. if the total price of the order is decreased, ABI will retain the initial deposit amount.
f. Any deposits paid under this clause Error! Reference source not found. are non-refundable. Where you cancel an order for which you have paid the deposit:
i. ABI will retain the deposit; and
ii. ABI will issue you store credit for the value of the deposit.

9. GST

9.1 Definitions
Expressions defined in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) have the same meaning when used in this clause Error! Reference source not found..

9.2 GST inclusive
Unless otherwise stated in these Terms, a proforma invoice or a tax invoice, all amounts payable by one party to another party are inclusive of GST.

9.3 GST payment
If GST is imposed or payable on any supply made by a party under this agreement, the recipient of the supply must pay to ABI the additional amount for GST at the same time and in the same manner as the consideration for the supply.

9.4 Tax invoice
A party’s right to payment under clause Error! Reference source not found. (Error! Reference source not found.) is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.

10. Offers, Gift Cards and Store Credit

10.1 General
a. You may use vouchers, promotional discount or coupon codes (Offers), Gift Cards, or Store Credit as payment for certain products on our website.
i. Offers are offered onsite, through our sales team, or via promotional activities.
ii. Gift Cards are available for purchase on our website.
iii. Store Credit is only awarded at our discretion.
Only one Offer can be used per order, but multiple Gift Cards and Store Credit can be used per order.
a. ABI monitors the issue and redemption of Offers and Gift Cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of suspicion of other illegal activities in connection with the issue or redemption of Offers or Gift Cards, we may close or block access to any account you hold with us and/or require a different means of payment.
b. ABI may block Gift Cards if notified by law enforcement that a Gift Card has been fraudulently obtained.

10.2 Offers
a. Offers are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them.
b. Where an Offer is applied to a proforma invoice or tax invoice, the Offer will only be valid for the period outlined in the Offer’s terms and conditions regardless of the timeframe the proforma invoice or tax invoice is valid for. Expired or invalid Offers will automatically be removed from proforma invoices or tax invoices once the Offer expires.
c. Only one Offer can be used per order unless otherwise stated.
d. Certain products may be excluded from Offer promotions, and unless specifically stated are not applicable to the calculation of shipping costs.
e. Vouchers/Promo Codes cannot be redeemed for cash or to buy Gift Cards, Out of Stock, or Sale Items.
f. If you place an order for a product less than the value of an Offer, no refund or residual credit will be returned to you.
g. If the credit available under an Offer is insufficient for the order you wish to make, you may make up the difference through payment by other means.
h. Where you return an item purchased with an Offer, ABI will only refund the final price you paid for that item.
i. ABI actively monitors the misuse of Vouchers/Promo Codes and reserve the right to deactivate Vouchers/Promo Codes or block any person that is not using an Offer in accordance with its terms.
j. Total discount of Offers are applied equally over each individual item on an order and are not to be redeemed for cash or a refund.
k. Free standard shipping applies to all purchases over $1000 calculated after an Offer has been applied.

10.3 Gift Cards
a. Gift Cards are valid for 3 years from the date of purchase.
b. Offers cannot be used to purchase a Gift Card.
c. Gift Cards can be redeemed against all products available on our website, in-store at our showroom locations or when placing orders over the phone or by email.
d. Gift Cards are non-transferable. Proof of identity is required upon use.
e. Gift Cards may not be returned or redeemed for cash.
f. If your order total is less than the value of the Gift Card, the remaining balance will be available to redeem against subsequent orders; but will not be redeemable for cash.
g. All remaining balances exceeding the value of your Gift Card must be paid via an alternate payment method.
h. All returned items which were paid for using a Gift Card, are redeemable for store credit only.
i. Gift Cards purchased online will be sent to the email provided once the full order and payment has been processed.
j. ABI is not liable for delivery of a Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
k. ABI is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
l. ABI reserves the right to cancel a Gift Card if ABI deems such action necessary.
m. Sales tax and shipping is applicable on any products purchased with an ABI Gift Card.
n. The value of a Gift Card is applied proportionally over each individual item in an order.

10.4 Store Credit
a. Store Credit is valid for 3 years from the date of issue.
b. Store Credits can be redeemed against all products available on our website, in-store at our showroom locations or when placing orders over the phone or by email.
c. Store Credit is non-transferable; proof of identity is required upon use.
d. Store Credit may not be redeemed for cash.
e. If your order total is less than the value of the Store Credit, the remaining balance will be available and can be redeemed against subsequent orders; but will not be redeemable for cash.
f. Any remaining balance exceeding the value of your Store Credit must be paid via an alternate payment method.
g. All returned items which are paid for using Store Credit are redeemable for Store Credit only.
h. Store Credit will be sent to the billing email address provided.
i. ABI is not responsible if Store Credit is lost, stolen, destroyed, or used without permission.
j. ABI reserves the right to cancel Store Credit if ABI deems such action necessary.
k. Sales tax and shipping is applicable on any products purchased with ABI Store Credit.

11. Returns and warranty claims

11.1 Your rights
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

11.2 Returns for change of mind
a. If you would like to return a product for any reason, you can view our full Returns Policy (concerning ‘change of mind’) here where you will be able to lodge your return via our online returns portal.
b. Returns for change of mind made in accordance with ABI’s Returns Policy are subject to any restrictions described in these Terms.

11.3 Faults
If you become aware than any products are faulty, you must notify ABI as soon as practicable by contacting ABI through our warranty portal here.

11.4 Store Credit
a. Store Credit is valid for 3 years from the date of issue.
b. Store Credit can be redeemed against all products on https://www.abiinteriors.com.au/ or in-store at our showroom.
c. Store Credit is non-transferable; proof of identity is required upon use.
d. Store Credit may not be redeemed for cash.
e. If your order total is less than the value of the Store Credit, the remaining balance will be available and can be redeemed against subsequent orders; but will not be redeemable for cash.
f. Any remaining balance exceeding the value of your Store Credit must be paid via an alternate payment method.
g. All returned items which are paid for using Store Credit are redeemable for Store Credit only.
h. Store Credit will be sent to the billing email address provided.
i. ABI is not responsible if Store Credit is lost, stolen, destroyed, or used without permission.
j. ABI reserves the right to cancel Store Credit if we deem such action necessary.
k. Sales tax and shipping is applicable on any products purchased with ABI Store Credit.

11.4 Proof of purchase
Returns and warranty inquiries must be accompanied by any one of the following proof of purchase documents:
a. Receipt
b. Tax Invoice (order confirmations alone will not be accepted)

c. Financial Statements evidencing the transaction such as a bank statement, credit card statement.
Please ensure you retain your proof of purchase.

12. Liability

12.1 Supply
ABI reserves the right to refuse supply of any products or services ordered by you, terminate our contract with you, or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

12.2 Consequential Loss
Subject to any rights you may have under the Australian Consumer Law, ABI will not be liable to you in any circumstances for any consequential loss or damage, loss of profit, loss of opportunity or loss of goodwill, which you suffer as a result of any act or omission by ABI under these Terms.

13. Miscellaneous

13.1 Privacy
ABI collects personal information in accordance with its Privacy Policy, which forms part of these Terms.

13.2 Amendments
a. ABI may amend any provision in these Terms at any time without notice. ABI recommends that, even if you are a frequent purchaser from us, you check these Terms with each new purchase.
b. Any changes to these Terms will only apply to future orders.

13.3 Assignment
Neither party may assign or otherwise transfer any of your rights under this agreement without the prior written consent of the other party.

13.4 Consents
Except where this agreement expressly states otherwise, ABI may, in its discretion, give or withhold any approval or consent under this agreement.

13.5 Construction
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this agreement or any part of it.

13.6 Severance
A term or part of this agreement that is illegal or unenforceable is severed from this agreement and the rest of this agreement continues in force.

13.7 Governing law
This agreement is governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland.

Contact Us

If you need to contact us for any reason, please do so by using the details provided below:

ABI Interiors Pty Ltd
27-45 City Link Drive
Carrara, Gold Coast, QLD Australia 4211

P: (07) 5520 2775
E: [email protected]

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