About the Website
Welcome to www.xqfloors.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
The Website is operated by XQ FLOORS PTY. LTD. (ABN 63639953110). Access to and use of the Website, or any of its associated Products or Services, is provided by XQ FLOORS. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
XQ FLOORS reserves the right to review and change any of the Terms by updating this page at its sole discretion. When XQ FLOORS updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept these Terms and conditions by remaining on the Website and purchasing any products. If you do not agree to these terms and conditions please refrain from purchasing our products.
Purchase of Products
When purchasing products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
When making purchases online you warrant that the information you have provided to XQ FLOORS is accurate, correct and up to date.
Payment of the Purchase Price is to be made via credit card (Please note we accept Mastercard and Visa only).
Following payment of the Purchase Price being confirmed by XQ FLOORS, you will be issued with a tax invoice via email to confirm that the payment has been received. XQ FLOORS may record your purchase details for future use. If you are unable to successfully process payment, XQ FLOORS may reject or cancel your order.
XQ FLOORS has the right to cancel your order due to error within the website or unavailability of the product. If this occurs XQ FLOORS after your credit card has been charged with the transaction, will contact you and issue you a credit to your credit card immediately.
XQ FLOORS may, at their sole discretion and under certain circumstances, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. A 30% administration and restocking fee will be applied to all products that have been returned. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Products will be dispatched usually within 1-5 business days from the date of purchase. We undertake to comply with our Shipping Policy in relation to ensuring delivery within a timely manner.
You acknowledge that the Purchase Services offered by XQ FLOORS integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
In providing the Purchase Services, XQ FLOORS may provide you with a variety of delivery options as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that XQ FLOORS is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
The risk of any loss or damage of products during the Delivery Services, are passed on to you. XQ FLOORS are not liable for any loss, damage or delay of products and asks that you contact the Delivery Service Provider directly to discuss any loss, damage or delay of products.
XQ FLOORS 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 of the Product 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 (the ‘Warranty’).
XQ FLOORS Engineered Hybrid Flooring come with a 25 year Residential Warranty and a 15 year Commercial Warranty. Hybrid Glue Down 2.5mm Flooring products come with year 20 year Residential Warranty and 10 Year Commercial Warranty, Hybrid Glue Down 2.0mm Flooring products come with a 10 Year Residential Warranty. Our Loose Lay products are supported with a 25 year Residential Warranty and a 15 year Commercial Warranty.
If you are the original purchaser of the product, you may make a claim under this clause (the ‘Warranty Claim’) for manufacturing defects that are visibly faulty within 7 days upon receipt of products (the ‘Warranty Period’).
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to XQ FLOORS showing the date of purchase of the Products, a description of the Products and the price paid for the Products. The installation of the products must also comply with Australia’s AS/NZS 1884-2012 Floor Coverings and Resilient sheets and tiles-practices. Please send these through in written notice to XQ FLOORS at 30/830-850 Princes Highway, Springvale, Victoria, 3171 or by email at firstname.lastname@example.org.
Where the Warranty Claim is accepted then XQ FLOORS will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by XQ FLOORS and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
The Warranty does not apply to any appearance of the supplied Products nor damages that have occurred when installing the products, nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to installation misuse, abnormal service or handling, which has been altered or modified in design or construction and exposure to extreme temperatures resulting in damage and colour fading of the floor. (For further information for adequate protection and maintenance procedures please refer to our Installation, Warranty and Maintenance guide on our website).
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of XQ FLOORS are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by XQ FLOORS or its contributors.
XQ FLOORS retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of XQ FLOORS; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of XQ FLOORS and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re- use or are in the public domain.
You acknowledge that XQ FLOORS does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
XQ FLOORS will make every effort to ensure a Product is accurately depicted on the Website, however, colours may appear different on screen than how they appear in real life. The images used on our website are also for illustrative purposes only and may differ from the actual product. You acknowledge that sizes, colours and designs may differ from what is displayed on the Website. It is advised that you order samples or visit our showroom prior to processing your order to ensure you are satisfied with the colour and design selected.
Due to batch colour differences with every floor production, the colour of the flooring can slightly differ and may not match another batch of flooring that was produced on a different production date. It is important to be aware of this and factor this in when placing an order, in case you run short during the installation of your floor or if you have any future plans of extending the floor covering area.
Our flooring is subject to change without notice and we are not liable for any issues that arise in result of any product that has been modified or discontinued.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) XQ FLOORS will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of XQ FLOORS (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of XQ FLOORS, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of XQ FLOORS (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of XQ FLOORS) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
XQ FLOORS’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of XQ FLOORS is the resupply of information or Purchase Services to you.
You expressly understand and agree that XQ FLOORS, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
XQ FLOORS is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of XQ FLOORS, by third parties or by any of the Purchase Services offered by XQ FLOORS.
You acknowledge that XQ FLOORS does not provide the Delivery Services to you and you agree that XQ FLOORS will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
You agree to indemnify XQ FLOORS, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.