Bamby Stone Terms and Conditions

Last updated: 1 April 2024

Introduction

Welcome to the Bamby Stone website, operated by Vision Crew Pty Ltd, registered as Bamby Stone, located at Unit 6, 8 Technology Drive, Arundel QLD, Australia 4214, and accessible at www.bambystone.com.au. By accessing, using our website, purchasing products, placing orders, accepting proposals, or engaging in any related activities with Bamby Stone, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully.

1. Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the Bamby Stone website located at www.bambystone.com.au and all associated sites linked to it by Bamby Stone, its subsidiaries, and affiliates. The Site is the property of Vision Crew Pty Ltd (“Bamby Stone”) and its licensors. By using the Site, you agree to these Terms of Use. If you do not agree, do not use the Site.

Bamby Stone reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

2. Content and Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”) on the Site is owned, controlled, or licensed by or to Bamby Stone. No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed without Bamby Stone’s express prior written consent.

3. Your Use of the Site

You agree not to use any automatic device or manual process to access, acquire, copy, or monitor any portion of the Site or its Content. You also agree not to gain unauthorized access to any part of the Site, interfere with its operation, or use it for any unlawful purpose. Violations of these terms may result in termination of your access to the Site.

4. No Cooling-Off Period for Custom Products and Services

Permanent and Custom Installations:

Bamby Stone provides customized natural stone products and services uniquely tailored to each customer’s specific requirements. Due to the bespoke nature and permanent installation of these products, once production has commenced or installation has been scheduled, no cooling-off period applies.

Exclusion from Cooling-Off Period Rights:

Under Australian Consumer Law (ACL), certain consumer contracts are entitled to a cooling-off period. However, by placing an order with Bamby Stone for custom natural stone products or installations, you agree and acknowledge that you are not entitled to any cooling-off period. These products and services are considered special orders due to their bespoke, non-removable, and permanent nature.

Binding Agreement:

Once you have accepted the proposal and made a payment, the contract becomes binding and cannot be canceled, revoked, or altered without the express written consent of Bamby Stone, except where required by law. This exclusion applies to all custom stone fabrication, installation, and related services provided by Bamby Stone.

5. Fees and Charges

Certain fees may apply in the following scenarios:

• Re-measurement Fee: $220 + GST, applicable if additional measurements are required.
• Re-installation Fee: $1000 + GST, applicable if re-installation is necessary due to reasons unrelated to Bamby Stone.
• Rescheduling Fee: $220 + GST, applicable if a scheduled measurement or installation needs to be rescheduled.

These fees are non-refundable and subject to change without notice.

6. Job Site Requirements and Customer Responsibilities

Customers must ensure that:

• The job site is fully prepared, and all related work (such as cabinetry alignment and appliance installation) is completed before our team arrives.
• All appliances are on-site and ready for accurate measurements.
• They are available on-site during scheduled times.
• All cabinets are properly aligned, and any changes to cabinetry after measurements may incur additional costs.
• Any tiling or floor covering for projects involving features like water-walls must be completed before measurements or installation.

7. Slab Reduction Responsibility

When a client requests to reduce the number of slabs required for a project, they accept full responsibility for any aesthetic compromises that may occur. Reducing the number of slabs can impact key design features such as:

• Book-Matching: Achieving a mirrored effect between slabs. Fewer slabs may prevent this.
• Vein Matching: Aligning natural stone veins across surfaces. Insufficient slabs may disrupt this flow.
• Color Matching: Maintaining consistent color between slabs. Fewer slabs may lead to visible differences in tone.

Our team will recommend the optimal number of slabs to create the desired design. If fewer slabs are requested, clients should be aware that these compromises may affect the final result.

8. Production, Installation, and Measurement Terms

Final Measurements:

• Customers will be notified to schedule a convenient time for final measurements after the payment is completed. All measurements are to be taken when the job site is fully prepared, and all related work is completed.
• If appliances need to be installed, they must be on-site for accurate measurements. Bamby Stone is not responsible for inaccuracies if appliances are not present, and additional charges may apply if issues arise.
• If the job site is not ready or fails to meet the necessary requirements, customers must reschedule and purchase a re-measurement fee package of $220 + GST.
• Customers must ensure all cabinetry is properly aligned before our team arrives. Any changes after final measurements may incur additional charges.

Production Process:

• Once final measurements are completed, customers will receive confirmation of all measurements. If no changes are reported, production will commence based on the confirmed measurements.
• By scheduling the installation date, the customer acknowledges full responsibility for the accuracy of the current measurements and confirms that all details are correct.
• Customers must ensure all required changes are finalized before scheduling. No changes can be made after the installation date is scheduled without incurring additional fees.

Installation and Site Readiness:

• Customers are responsible for ensuring the job site is fully prepared and accessible for installation. If the site is not ready, a re-installation fee of $1000 + GST will apply.
• Bamby Stone is not responsible for alignment issues due to cabinetry leveling problems. If the stone does not align correctly because of cabinetry or site conditions, Bamby Stone is not liable for adjustments.

9. Off-Cuts and Leftover Material

1. Ownership of Off-Cuts:All off-cuts or leftover materials resulting from the production of your project remain the property of Bamby Stone unless explicitly agreed otherwise in writing. These materials are considered by-products of the cutting and fabrication process and are not automatically included with the delivery of the final product.
2. Separate Purchase of Off-Cuts:Should you wish to purchase any off-cuts, you must inform us prior to the completion of the project. Off-cuts can be purchased separately and may incur additional charges, including handling and delivery fees. Delivery charges may apply depending on the size, weight, and distance for transportation of the off-cuts.
3. No Guarantees on Off-Cut Sizes:Bamby Stone cannot guarantee the size, shape, or quantity of any off-cuts, as this is determined by the project requirements and cutting process. Clients requesting off-cuts should communicate their intentions early in the design phase but should be aware that leftover material is incidental to project completion.
4. Disposal of Off-Cuts:If no request is made to retain off-cuts, Bamby Stone reserves the right to reuse, recycle, or dispose of the material at its discretion. By default, off-cuts will not be included in the final delivery unless specifically arranged.

10. Warranty and Limitations

Scope of Warranty: Bamby Stone guarantees that all natural stone products and installations are free from manufacturing defects at the time of delivery and installation completion. This warranty covers the original purchaser and is non-transferable. The warranty period starts from the date of installation completion or delivery.

Natural Stone Disclaimer: Natural stone is a product of nature and is prone to inherent characteristics such as veins, pitting, fissures, cracks, color variations, and unevenness. These are not considered defects and are not covered by warranty. By selecting a natural stone product, you acknowledge and accept these characteristics as an inherent risk. Natural stone is more likely than engineered products to mark, scratch, chip, crack, or stain.

Exclusions from Warranty Coverage:

• Any chipping, cracking, scratches, or marks reported after the installation team has left the site will not be covered under warranty. It is the customer’s responsibility to inspect the stone during installation and report any issues immediately.
• Natural wear and tear, including etching, staining, discoloration, or minor chips that occur after installation, will not be covered.
• Damage caused by improper use, cleaning, or maintenance by the customer or third-party contractors is not covered.
• Any modifications, repairs, or alterations made by anyone other than Bamby Stone will void the warranty.

Customer Inspection and Reporting: Customers are required to inspect the natural stone immediately upon delivery or installation completion. Any concerns regarding damage, defects, scratches, marks, joint issues, or alignment problems must be reported while Bamby Stone’s team is still on-site. No claims will be accepted after the team has left the site.

No Warranty for Natural Wear and Tear: Bamby Stone does not warrant natural wear and tear that occurs over time, including minor chips, etching, or staining. Customers are responsible for the ongoing maintenance and care of their natural stone surfaces to minimize the risk of damage.

Sealing and Maintenance: While Bamby Stone pre-seals all natural stone products, we recommend the use of professional sealing services for long-term protection. The ongoing maintenance and sealing of natural stone are the customer’s responsibility and are not covered under this warranty.

11. Handling Client-Supplied Stones

Stone Supply and Procurement: Clients may choose to provide their own natural stone or request that Bamby Stone source stone from third-party suppliers based on their specifications. The following terms apply specifically to client-supplied stones:

Responsibility for Transportation: Bamby Stone shall not be liable for any damage, such as chips, cracks, or other issues, to client-supplied stones during transportation to our facilities or the job site. Clients must ensure that stones are securely packed and transported.

Production Process Risks: The client acknowledges and accepts that natural stones inherently carry the risk of cracking, breaking, or developing imperfections during the production process. If client-supplied stones incur damage during production, the client bears full responsibility for replacement or any associated costs. Bamby Stone will not be liable for such occurrences.

Exclusion from Warranty: Stones supplied by clients are excluded from any Bamby Stone warranty coverage. It is the client’s responsibility to inspect and verify the quality and condition of their stone before submission for production.

12. Acceptance of Goods and Services

Customers are required to inspect all goods upon delivery and services upon completion while our team is on-site. Any issues, defects, or discrepancies must be reported immediately during installation or delivery and while our team is present. This ensures that any concerns can be addressed promptly and without additional charges.

If no issues are raised during this period, the goods and services will be deemed accepted, and any claims regarding defects, damages, or discrepancies will not be entertained unless otherwise required by Australian Consumer Law.

For products delivered without installation, customers must report any issues within 3 days of delivery. After this period, the goods will be considered accepted, and no claims will be entertained.

13. Shipping, Returns, and Refund Policy (Products Only)

Shipping:

Bamby Stone offers flat-rate shipping Australia-wide on all products. Products are shipped from our Gold Coast warehouse and are typically dispatched the next business day. Estimated delivery times vary based on location.

Authority to Leave:

All deliveries are made with ‘authority to leave.’ You agree that our couriers can leave your order unattended at the delivery address, releasing us from liability for any loss or damage once the order has been delivered.

Returns and Refunds:

Returns are available for non-project product sales only and must be requested within 7 days of receiving the product. Products must be in their original packaging and in resalable condition. A 20% re-packaging fee may apply. Refunds or exchanges will not be available for custom stone projects or natural stone materials.

14. Payment Terms

• For projects under 3 months: Full payment is required within 5 days of accepting the proposal to secure your order and reserve your stone slabs.
• For projects exceeding 3 months: A 50% deposit is required to confirm your booking, with the remaining 50% due no later than 1 month before the scheduled installation date.
• All prices are exclusive of GST unless stated otherwise.
• All installed products remain the property of Bamby Stone until the final balance is paid in full.

Late Payments:

Late payments are subject to a one-time late fee of 10%. Interest will also accrue at a rate of 2.5% per month (30% per annum) on overdue balances.

15. No Warranty for Man-Made (Mineral) Stone Fire Compliance

Man-made (mineral) stone is classified as a combustible material. Potential issues with gas appliances may occur. It is the customer’s responsibility to ensure that cabinetry and installations meet Queensland regulations for fire compliance. If compliance is not achievable, we recommend changing to natural stone, porcelain, or toughened glass. Bamby Stone is not liable for any future potential fire compliance issues.

16. Health and Safety Requirements

It is the customer’s responsibility to ensure that the job site meets all health and safety requirements as per Queensland Health and Safety Regulations. If the site is deemed unsafe by Bamby Stone personnel, we reserve the right to refuse service until the site is made safe. Any delays or additional visits resulting from health and safety issues will incur additional charges.

17. Unclaimed Products and Abandoned Projects

If products are not collected or a project is abandoned after the completion notification is issued, Bamby Stone reserves the right to charge a reasonable storage fee. If the customer fails to collect the products or provide instructions for delivery within 30 days, Bamby Stone may dispose of the products, and the customer will not be entitled to a refund. For abandoned projects, any unpaid balances will still be due and collectible.

18. Termination of Agreement

Bamby Stone reserves the right to terminate any contract or agreement if the customer fails to make payments as agreed, fails to prepare the job site as outlined, or breaches any other terms of this agreement. In the event of termination, all outstanding fees and expenses shall become due immediately.

19. Ownership of Designs and Drawings

All designs, drawings, and sketches provided by Bamby Stone in the course of project planning remain the intellectual property of Bamby Stone. These may not be reproduced, distributed, or used in any manner without the express written consent of Bamby Stone.

20. Handling of Discontinued Products or Materials

In the event that a material specified for your project is discontinued or unavailable, Bamby Stone will notify the customer and propose an alternative material of equal or greater value. The customer will have the option to accept the alternative material or cancel that portion of the project. In case of cancellation, a refund will be issued for the value of the discontinued material only.

21. Dispute Resolution Process

In the event of a dispute, both parties agree to engage in good faith negotiations to resolve the matter. If the dispute remains unresolved, the parties will attempt to settle the dispute through mediation facilitated by a neutral third party. Should mediation fail, either party may seek resolution through arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). Legal proceedings should only be considered as a last resort after these steps have been completed.

22. Limitation of Liability

Except where prohibited by law, Bamby Stone will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits. Bamby Stone’s total liability for any damages shall not exceed the amount paid by the customer for the related products or services in the six months prior to the claim.

23. Subcontractors

Bamby Stone reserves the right to subcontract any part of its services. Any subcontractor appointed will be bound by the same terms and conditions. Bamby Stone will remain responsible for the performance of any subcontracted services to the same extent as if Bamby Stone had performed the services directly.

24. Customer Communication Obligations

Customers are responsible for providing accurate contact information and promptly responding to communications regarding their project or order. Failure to do so may result in delays or additional charges.

25. Governing Law and Dispute Resolution

All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia and the State of Queensland, without regard to its conflicts of law provisions. Both parties agree to seek resolution through an Alternative Dispute Resolution (ADR) process, such as mediation through an accredited mediator or the Queensland Civil and Administrative Tribunal (QCAT), before commencing any legal action. If unresolved, disputes may be submitted to the jurisdiction of state and federal courts in Queensland, Australia.

26. Feedback and Information

Any feedback provided by customers is deemed non-confidential, and Bamby Stone may use such feedback without restrictions.

27. Severability Clause

If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions will continue in effect.

28. Entire Agreement Clause

These Terms and Conditions constitute the entire agreement between Bamby Stone and the customer, superseding any prior agreements or understandings, whether written or oral.

29. Contact Information

For any questions or concerns about these Terms and Conditions, please contact us at:

• Email: welcome@bambystone.com.au
• Phone: 1300 536 120
• Address: Unit 6, 8 Technology Drive, Arundel QLD, Australia 4214