Introduction
The OH MARMO website and online store, located at www.ohmarmo.com.au (Website), is owned and operated by OH MARMO PTY LTD (ABN 42 644 930 012) trading as OH MARMO, of 11 Rich Street, Marrickville NSW 2204.
By using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and are legally bound by them.
OH MARMO has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of the changes made to the Terms, and by continuing to use/purchase from the Website you agree to be governed by the Terms. The latest version of the Terms and Conditions will be published on the OH MARMO website.
Use of the OH MARMO Website & Online Store
You agree to use the OH MARMO website and online store at your own risk. OH MARMO will not be responsible for any loss suffered by you in the event that the OH MARMO website or online store is not operational in whole or in part.
OH MARMO will endeavour to keep its website and online store free of viruses and other malicious items that may cause damage to your IT system or computers, however you acknowledge and accept that OH MARMO will not be responsible for any damage, loss or compromise that may occur to your IT systems or computers by using the OH MARMO website and online store.
You also agree when using and accessing the OH MARMO website and online store that you will only do so for lawful purposes and you will not transmit any worms, viruses, trojan or other items that are malicious in nature and which may cause damage and loss to other OH MARMO customers or to the OH MARMO website and online store.
Further you agree to indemnify OH MARMO, its officeholders, employees, agents, representatives and related entities from against any action, claim, suit demand, damage, liability and costs including legal costs arising from or which is directly or indirectly related to the use of the OH MARMO website and online store and any of the goods accessed by you from the OH MARMO website and online store.
Online Orders & Shipping
OH MARMO reserves the right to accept or decline orders made on the OH MARMO website and online store. The decision to accept or decline an order may occur after your order has been processed and you have received a confirmation of your order. The email confirmation is an acknowledgment of your order, but it does not warrant that the goods ordered will be delivered.
In order to purchase from the Website, you must possess a valid credit/debit card issued by a bank acceptable to us. We use Stripe, a third-party payment processor, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Website.
If the goods ordered on the OH MARMO website and online store are no longer available, OH MARMO will contact you advising of the goods unavailability.
OH MARMO will arrange for a refund of your payment, a store credit or offer similar goods for you to consider as an alternative good to purchase.
By placing an order through the Website, you are purchasing products subject to these Terms. You agree that we have the right to accept or reject any orders for any reasons at any time. All orders are subject to availability of the products.
You will be sent an order confirmation in acknowledgement of receipt of your Order. All product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at our discretion and without notice. Any period or date given by Us for the shipping of an order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frames.
All prices quoted on OH MARMO website and online store are in Australian dollars and inclusive of Goods and Services Tax.
Prices quoted do not include delivery costs. The delivery cost will be added to the cost of the goods at the time of payment.
Payment
OH MARMO accepts Visa, Mastercard, American Express and Apple Pay. The payments are processed through a third-party platform Stripe.
Payment for the ordered goods is to be made at the time your order is processed via Stripe, a third-party institution that processes payments. OH MARMO does not store any payment information. Under no circumstances will OH MARMO be liable for any fraudulent use of personal and financial information.
Promotional Codes
OH MARMO may issue promotional codes that that can be used to obtain discounts or other benefits when you are using the OH MARMO website and online store.
You acknowledge and accept that these promotional codes are available for use for a specified period of time and will not be honoured after the expiry date of the promotional code.
Any issues experienced by you in using a promotional code must be brought to the attention of OH MARMO prior to the expiry of the promotional code otherwise the promotional code will not be honoured.
Natural Stone / Products
OH MARMO repurposes off-cuts from previous projects that incorporate natural stone materials such as marble. OH MARMO work together with our manufacturer to create bespoke items incorporating natural stone.
You acknowledge that we do not offer refunds for change of mind. We reiterate that our pieces may have slight imperfections such as scratches, pits and colour variations. The reasons above will not be a reason for exchange of goods.
Each piece holds its own individual beauty, characteristics that cannot be replicated, as such, with each purchase you can revel in the fact that you’ve invested in a one-of-a-kind showpiece.
We take photographs of the pieces prior to packaging as part of quality control. The pieces will be carefully wrapped.
You acknowledge that each product published for sale on the OH MARMO website and online store is unique due to the use of natural stone materials in the manufacture of the goods.
You further acknowledge that the images of the goods advertised are the actual goods available for purchase and the goods are in the condition as depicted on the OH MARMO Website and online store.
OH MARMO will endeavour to ensure that all stone forming part of the goods offered for sale are displayed accurately and you acknowledge and accept that stone colour may appear slightly different on different displays and screens and in turn such a variation raised by you will not constitute a refund right but will be deemed by OH MARMO as a change of mind by you.
If you wish to visit our showroom to view your pieces, we are able to arrange a time suitable.
Bespoke Products
OH MARMO will provide the Customer with a quote for their product. All quotes, acceptance of quotes and their modifications must be in writing. No representations or advice will be relied upon unless it is in writing.
By accepting the Quote, the Customer agrees that these terms and conditions a copy of which are annexed to the quote, apply to and form part of the contract for the sale of the purchase of goods.
OH MARMO may propose, or the Customer may direct, from time to time, orally or in writing, variations to any part of the Goods and/or Works. Neither party is obliged to agree to such proposed or directed variations.
Any Variation to the Goods and/or Works will be charged at a rate to be agreed between the Customer and OH MARMO.
Goods should only be used for their intended purpose. OH MARMO is not liable for any breakages of products that have been misused.
Do not put excessive weight or force on your product, the products should be used for their intended purpose.
OH MARMO is not liable should any damages occur when handling your products.
Warranties and Representations
OH MARMO shall not be bound by any representation, warranty, condition or statement insofar as may be set out herein, and all warranties and conditions which might, but for this clause, be implied by an law into this contract are hereby expressly negated and excluded from this contract.
Pick up of Goods
You must inspect all Goods on delivery or pick-up.
You must notify us if the Goods are not in accordance with your Purchase Order within 48 hours of delivery. Failing to provide notice to OH MARMO and to the extent permitted by statute, the Goods and their condition will be deemed to have been delivered and accepted by you.
If at the time of delivery or pick-up, the goods and or their packaging look significantly damaged, you should refuse to accept the goods. Further you should take a photograph of the packaging or goods and send these photographs immediately to OH MARMO.
You understand that if the damage to the packaging is found to not be significant and a further delivery of the goods is to be made, any costs associated with the additional delivery will be paid by you.
If the goods are found by you to be defective or faulty, please take photographs of the goods and send the photographs to OH MARMO within forty-eight (48) hours of delivery or pick-up.
Goods will only be dispatched for delivery or available for pick-up after payment of the goods and where applicable the delivery fee is confirmed as paid by OH MARMO.
OH MARMO can only arrange delivery across Australia.
OH MARMO have a standard $10.00 delivery fee (this is only for small offcuts, bespoke pieces may require a higher fee). International purchasers must contact OH MARMO, who will provide shipping costs and details.
At the checkout customers can choose a delivery service method.
OH MARMO does not deliver to Post Office Boxes, parcel lockers or parcel pick-ups.
The cost of delivery is the customer’s responsibility.
You must ensure that they provided OH MARMO with the correct delivery details including address for delivery, your contact number and email address. Failure to provide correct delivery particulars may result in additional costs to you.
Cancellations or changes to delivery times by you within forty-eight (48) hours of the scheduled delivery time may incur additional charges.
OH MARMO will not be responsible for any losses incurred as a result of incorrect delivery particulars being provided to it by you.
At time of delivery, you or an authorised adult must be present to accept and sign for the goods.
Risk and liability of the goods passes to you on the acceptance of the goods at time of delivery or pick-up.
All online purchases are subject to OH MARMO‘s Returns and Refund Policy.
If a third party will collect the item on your behalf, you must contact OH MARMO to notify that an authorised third party will collect the goods. You will also need to provide the third party with a signed letter expressly authorising them to collect the Goods on their behalf. The third party will be required to show the purchase receipt, photo identification, and payment method used to purchase at the time they accept delivery or pick-up of the goods OH MARMO may decline to allow a third party to collect your goods if the required documents are not provided at time of pick up.
In the event of any dispute or complaint OH MARMO will be entitled to terminate the contract and refund the Customer such monies paid in full and final settlement of all claims by the Customer against OH MARMO.
Sydney Metropolitan Delivery Service
OH MARMO offers a delivery service for the delivery of goods to locations the Sydney Metropolitan Area.
By selecting this delivery service goods will be delivered and handled by OH MARMO representatives who will ensure your goods arrive in the condition they were in at time of leaving the OH MARMO warehouse.
This service is not available for bespoke pieces that are created for customers.
Design & Selections
Where a customer does not engage the services of a dedicated designer or architect when providing drawings to OH MARMO, the customer accepts full responsibility for the design conveyed to OH MARMO as Fit for Purpose.
If the Customer provides their own drawings, template and designs, the Customer accepts full responsibility for the design conveyed to OH MARMO as Fit for Purpose.
In the absence of written detailed instructions in reference to design, OH MARMO are given full authority to reference and determine with stonemasons the most appropriate action.
Australian Consumer Law
The sale of goods by OH MARMO is subject to the 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, subject to the below terms, 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.
There are nine consumer guarantees that apply to goods you purchase:
- Acceptable quality.
- Fit for a particular purpose
- Match description
- Match the sample or demonstration model
- Express warranties will be honoured
- Spare parts and repair facilities will be available for a reasonable time after purchase
- Title to the goods
- Undisturbed possession of the goods
- No undisclosed securities on the goods
Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given.
You will not be entitled to a remedy in the following circumstances:
- You have had a change of mind after placing your order;
- There is a slight variation in the dimension of the goods;
- The goods have been damaged by you;
- The damage is limited to the packaging only;
- The damage of the goods is due to normal wear and tear;
- The damage has occurred due to improper assemble or modification by you;
- The damage has been caused due to abnormal use of the goods;
- The damage is as a result of the lack of maintenance and/or care by you.
For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.
To the extent permitted by Australian law OH MARMO liability is limited for any kind of damages and losses suffered by you as a result of using or buying goods on the OH MARMO website and online store and if any liability is found to remain it will be limited to anyone of the following that OH MARMO considers appropriate:
- The replacement or repair of the goods; or
- The supply of equivalent goods; or
- Paying for the cost of repairs of the goods; or
- Replacing the goods or supplying equivalent goods.
Further you agree that OH MARMO’s maximum liability for losses and
damage of any kind shall not exceed the amount paid by you for the goods.
Goods should only be used for their intended purpose, OH MARMO is not liable for any breakages for products that have been misused by the client.
OH MARMO is not liable should any damages occur in the handling of the product. Be cautious when handling your pieces as they are heavy and fragile.
Repairs
If an item has been broken in transit, OH MARMO will provide you with a refund if we are unable to send you another piece.
If on assessment of the damage by OH MARMO, it is OH MARMO’s opinion that the damage can be repaired, then you will deliver the damaged good to OH MARMO and OH MARMO will within a reasonable time thereafter repair the damaged goods.
Given the uniqueness of each piece, it is OH MARMO’s discretion whether the piece can be repaired. If OH MARMO believes the piece is irreparable, OH MARMO will offer you a new piece that is similar to the original purchase. You note that OH MARMO is unable to provide a replica or exact piece, as natural stone possess unique variations, colour and size. OH MARMO will endeavours with you to provide the best possible options.
Risk
Title in the products comprising an Order/s is retained by Us and will not pass to you until full payment in cleared funds are received by Us.
To the extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.
We do not provide refunds for “change of mind”.
Third Party Links
The Website may include links to third party websites, over which We have no control. Those links do not indicate, expressly or impliedly, any endorsement by Us of the third-party website or the products and services provided thereon.
Force Majeure
OH MARMO shall not be responsible for non-performance to the extent that same is caused by fire, act of God, pandemic, enemy action, explosion, inability to secure necessary supplies or restricted operations by reason of any laws or regulations or any other cause of whatsoever kind which could not be foreseen or prevented by any reasonable amount of foresight or care. On the happening of any event contemplated by this clause OH MARMO shall forthwith make and at all material times thereafter continue to make disclosure to OH MARMO of the event referred to and of the measures (if any) taken by OH MARMO to prevent the occurrence of the event and to minimize the consequences thereof.
Indemnity
You agree to indemnify and hold OH MARMO (its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.
Severability
In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall be severed from the terms and conditions and the said provision shall not affect the validity and enforceability of any other remaining provisions in these terms and conditions.