Terms of Use
Stone Guys Online Content Terms and Conditions
The Stone Guys website, mobile website, mobile application and other Stone Guys branded online properties (“Online Content“) is owned and operated by Stone Repair Pro Pty Ltd T/A Stone Guys International (ABN 56 613 390 337).
By using or accessing the Online Content including emails, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Online Content.
If you are under 18 years of age, you must obtain your parent of legal guardian’s consent to access and use the Online Content and our services offered on the Online Content.
Stone Guys controls and operates the Online Content from its offices within Australia. These Terms of Use are governed by the laws of the State of Victoria. You and Stone Guys agree to submit to the non-exclusive jurisdiction of the courts of Victoria. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. Stone Guys makes no representation that the Online Content is appropriate or available for use in all locations.
Stone Guys may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
The material on this site is protected by all applicable laws including copyright and trade mark laws under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from, or links to, third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support the Online Content including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Stone Guys and its related companies, affiliates, licensors and licensees.
All right, title and interest in all intellectual property rights in all of Stone Guys’ brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Online Content (the “Brand Features“) are the property of Stone Guys and will remain or be vested in Stone Guys at all times. Your use of the Online Content will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Online Content. Stone Guys, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Online Content.
The Online Content may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Stone Guys and Stone Guys is not responsible for the contents of any such information or website. Stone Guys provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Stone Guys. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, Stone Guys shall bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party’s privacy policy for information on how personal information is collected, used and disclosed by that third party.
The Online Content may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Online Content. The Online Content is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of the Online Content solely for the proper and reasonable purposes of:
You grant Stone Guys an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Stone Guys from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
You agree to indemnify and will keep Stone Guys (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Stone Guys (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Online Content, your breach of these Terms of Use or your breach of any rights of third parties.
Buying products through our Online Content
Products and prices may vary between Stone Guys retail stores and those found on the Online Content.
You may purchase goods via the Online Content by selecting and placing your order in accordance with these Terms of Use and as directed on the Online Content. Any order placed by you in the manner described in the Online Content is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Online Content at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Any order placed by you is subject to your compliance with any product specific limitations shown on this website (or applicable Online Content). Stone Guys may change the prices published on the Online Content at any time. Prices of products placed in the ‘basket’ but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Stone Guys is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online Content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the products. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order. All orders/ repair/s are confirmed by the acceptance of our quotation/s or by placing an order online for the relevant product or service. Any cancellation that has been confirmed by return email, acceptance of our quotation or authority to charge your credit/debit card will void any refund as per ACCC legislation (change of mind is not a valid course of refund).
If your order/repair/s is accepted by us, you authorise us to debit the amount that is payable for your order from your nominated nominated payment method to pay for the purchase price of the products and any applicable fees and charges.
We reserve the right to reject your order for products/ repairs purchased through the email or Online Content for any reason, including but not limited to if the products are not available, if there is an error in the description or price of the requested products as advertised on the Online Content or if there is an error in your order. If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the products, you will receive a full refund.
Product availability may vary between Stone Guys retail stores and the Online Content due to different customer offers. All prices are inclusive of GST. Prices displayed on the Online Content are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products you have purchased. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
See our Delivery Policy.
See our Returns Policy.
Title to the goods purchased from Stone Guys online does not pass from Stone Guys to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
Stone Guys’ goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Stone Guys may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
To the extent permitted by law, Stone Guys will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of the Online Content; (2) goods or services supplied by Stone Guys under these Terms of Use; or (3) a failure or omission on the part of Stone Guys to comply with its obligations under these Terms of Use.
You warrant that:
To the extent permitted by law, our total liability to you (if any) in connection with the Online Content, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).
Stone Guys is providing the Online Content on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. Stone Guys and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Online Content (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Online Content. To the extent permitted by law, Stone Guys expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Australian Consumer Law including the Consumer Guarantees.
Your ability to purchase goods from Stone Guys Online may be terminated by Stone Guys at any time without notice. All restrictions, licences granted by you and limitations of Stone Guys’ liability will survive termination.
Stone Guys collects, uses, holds and discloses personal information in accordance with its Privacy Policy and Collection Statement.
Through interaction with the Online Content, Stone Guys will receive and store information that you provide or that is generated by your actions. For example, like many websites, Stone Guys uses “cookies” and other technologies, to collect information about matters including but not limited to the date, time and duration of visits and which pages of the Online Content are most commonly accessed.
This information is generally not linked to the identity of visitors, except where the Online Content is accessed via links in an email or another electronic message we have sent or where we are able to uniquely identify the device or user accessing the Online Content, such as when you are logged into an account.
We may use this information for purposes including but not limited to understanding and measure your online experiences, determine what products, promotions and services are likely to be of interest to you, and to provide you with relevant marketing materials when you visit third party websites.
You can generally set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. To learn more about cookies and how to specify your preferences, you can search for “cookie” in the “Help” (or similar) portion of your browser.
You do not need to register a user account to access and browse the Online Content. However, in order to use some parts of the Online Content, you may be required to register an account in the manner set out on the Online Content (each an “Account“). Stone Guys reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Stone Guys is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Online Content or otherwise where indicated. You may never use another person’s Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Stone Guys of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Stone Guys when you desire to cancel your Account. Stone Guys will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Stone Guys retains the right and absolute discretion to terminate your Account and/or access to the Online Content (or any element thereof) if it believes that you are abusing or tampering with the Online Content (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful conduct or other misconduct calculated to jeopardise the proper administration of the Online Content (or any element thereof). Stone Guys’ legal rights to recover damages or other compensation from such an offender are reserved.
The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited. Stone Guys reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
If the Online Content is not capable of running as planned for any reason beyond the reasonable control of Stone Guys, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of Online Content, Stone Guys reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Online Content.
Any costs associated with downloading, installing, accessing and using Online Content remain your responsibility and are dependent on the service provider used. You also understand that we cannot and o not guarantee or warrant that the Online Content or any material available for download via the Online Content will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.
Stone Guys Repairs Terms and Conditions
By using the Stone Guys repair service to repair stone benchtop(s) you agree to the terms set out in the
Terms of Credit
(Stone Repair Pro Pty Ltd referred to as “Stone Guys”)
Stone Guys 30-Day Account Card Terms and Conditions
.
Force majeure
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
Applicable law
These Terms of Use are to be construed and enforced in accordance with the laws of Victoria, Australia. Any dispute arising from your receipt or use of a Print and Copy Recharge Card is exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry)