Warranty Terms and Conditions

OUR COMMITMENT TO YOU.

WARRANTY TERMS AND CONDITIONS

ESTELLE Pty Ltd
2/10 Eddie Road, Minchinbury NSW 2770
Email: info@estelle.com.au
Phone: 02 9834 4125

ESTELLE Pty Ltd abides by the Australian Consumer Law (ACL).

If you experience a product defect, either once you receive your order or once a product has been installed our customer service team will work closely with you to ensure that your item is assessed and either repaired or replaced.

This Agreement is between ESTELLE Pty Ltd ABN49 101 114 229 and the buyer. (the original purchaser noted on the purchase invoice).

ESTELLE Pty Ltd warrants the following products for the following set periods from the date of purchase in line with the following terms and conditions as set out in the table below.

If an item has failed to function as intended, you can lodge a warranty claim here.

Interpretation

In these conditions, unless the context otherwise requires:
(a) “buyer” means the person or company named in the Invoice, Order or Quotation and, in the case of an individual, his executors, administrators and assigns, and of a company its successors and assigns.
(b) “Invoice” means the Invoice document issued by the Seller or authorised agent; to the Buyer.

Acceptance

The buyer accepts the conditions set out in the Terms and Conditions.
An agreement comes into existence between the buyer and us, once we have given you an order number.
The buyer understands and agrees to any condition regarding manufacturing production time, transit time, additional and or separate transit costs, special requirements or any other information either verbal or in writing.
Products which are made-to-order, specially manufactured, machined, custom-made or cut to size are not returnable and a non-refundable prepayment of 100% of the total order value is required to begin production.
The Buyer shall be deemed to have inspected the goods and to have accepted the goods to be of the description, quality and quantity ordered, unless particulars of a claim to the contrary are notified to the Seller in writing within seven (7) days of delivery.
The warranty is limited to the original purchaser and non-transferable.
The warranty period commences from the date of purchase.
We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment.
It is your responsibility to check the order details, including product and pricing before you complete your order.
We will provide you with order details, which may include an order or invoice number, the shipping and billing addresses and a description of what was ordered.
An agreement comes into existence between you and us, once we have given you an order number.

Quotations

(a) A Quotation is not an offer. A Quotation shall be valid for a period of 30 days from the date of issue unless specified otherwise.
(b) An order placed by the Buyer pursuant to a Quotation is not binding on the Seller (including any purported variation to these Terms and Conditions contained in that order) unless and until such order and such conditions are accepted in writing by the Seller in the form of an invoice.

Warranty

ESTELLE Pty Ltd will, at its election and pursuant to its obligations under the Competition and Consumer act 2010: repair or replace the defective product or part. This Warranty is subject to the conditions and exclusions below. ESTELLE Pty Ltd warrants that products manufactured and or distributed by ESTELLE Pty Ltd and its authorised agents will be free from inherent defects in materials and workmanship for the warranty period applicable to the Product. This Warranty only applies within Australia.

LIFETIME WARRANTY

Statesmen Series
Stealth Series
Boston Series

Estelle Pty Ltd makes every effort to ensure that their products meet the highest quality and durability standards in materials and workmanship. Estelle guarantees to the original purchaser of any Estelle Branded Item, for the duration of the life of the product, to be free from defects in materials and workmanship.

THREE (3) YEAR WARRANTY.

Plastic, rubber and acrylic products.
Aluminium Products.
Glass Products.

Warranty does not apply to any glass breakages.

ONE (1) YEAR WARRANTY.

Stainless Steel Products.
Industry® Products.

Warranty does not apply to any damages caused by exposure to sea salt, sea air and saltwater pools.

Estelle Pty Ltd shall in no event be liable for death, injuries to persons or property, or for the incidental, contingent, special or consequential damages arising from the use of these products.

Warranty is for parts only – excludes removal or installation of replacement parts.

Pressures and Temperatures

MAXIMUM Temperature: 75 degrees & Pressure: 500kPa.
MINIMUM Temperature: 3 degrees & Pressure: 150kPa (300kPa for Diverter mixers).
Note: AS/NSZ 3500.1-2003 (Clause 3.3.4) specifies 500kPa maximum water supply pressure at any outlet within a building for new installations.
Inability of use when installed in gravity-fed water systems, or when the pressure supply is less than 150kPa.

Care and Cleaning Instructions

Do not install any product purchased from ESTELLE Pty Ltd using any form of acetone silicones.
Do not apply physical items (such as tools) directly to the product.
Never use detergents, degreasers, bleach, citrus based cleaners, or abrasive cleaners and do not use undue pressure.
Never allow soaps, body wash, hair care products, body fats or any other product used in bathrooms and whilst showering to remain or dry out on any Estelle product.
Where your product remains dry in use, a soft cloth can be used to remove surface dust. Alternatively, a wipe over with warm soapy water is all that is required to maintain the finish in perfect condition for a lifetime of use.
Use of wax-based furniture cream should be avoided as these can result in a build-up of deposits, which could detract from the appearance.
When unsure, contact the manufacturer/supplier of your preferred care product to ensure it is safe to use on Estelle Products.
Normal wear and tear, lime scale, and chemicals used during cleaning can cause damage and deterioration and this is not covered by the warranty.

Cancellation of Contract

The Buyer must provide notice to the Seller in writing not later than two (2) days prior to the estimated date of delivery by the Seller.
Without prejudice to any other rights the Seller may have, the Buyer shall indemnify the Seller for any loss, damage or expense incurred by the Seller should the Buyer cancel any order or part of an order.
The Buyer forfeits all deposits paid.
The Seller will refund the difference of the total contract amount and the deposit amount to the Buyer within 90 days via EFT bank transfer.

Dimensions, Performance Date and Other Descriptive Detail

As the goods are the subject of continuous innovation, evaluation and the production methods subject to change the Seller reserves the right to change without notice the construction, design, dimension, and performance data of the goods.

Availability and Cancellation

Purchases made with us are subject to availability.
If there is a considerable delay in dispatching Your Order when it was not known upon the time an order was placed, or if for any reason, we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose to cancel the order or place Your Order on backorder where goods will be dispatched when they are available.

Intellectual Property

Intellectual Property includes but is not limited to:

all present and future rights to intellectual property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, any corresponding property rights under the laws of any authority.

all rights in respect of an invention, discovery, trade secret, secret process, knowledge, concept, idea, information, process, data, formula, or work product; and

all work product developed in whole or in part by us.

We own all Intellectual Property rights in our Site, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

Australian Consumer Law (ACL), Return, Refund, and Exchange Policy

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (CCA), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms. The Buyer acknowledges and agrees that the Buyer purchases the goods for its inventory to be sold to the retail market and it is not a Consumer as defined in the ACL.
All implied conditions, warranties, and undertakings other than those prescribed in the ACL which cannot be excluded, restricted or modified are expressly excluded. Without limiting the generality of the preceding sentence, the Seller shall not be under any liability to the Buyer in respect of any loss or damage (including consequential loss or damage), howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the goods or the failure or omission on the part of the Seller to comply with its obligations under these Terms and Conditions of Sale.
The Buyer acknowledges and agrees that the Seller is under no obligation to replace, repair the goods or compensate the consumer of the Buyer unless provided for in the ACL or within the terms and conditions of the Manufacturer’s Warranty.
The Buyer shall not remove any conditions of Manufacturer’s Warranty from any packaging and shall not make any representation to any consumer regarding the purpose, performance or durability of the goods which is inconsistent with the Manufacturer’s Warranty without the Sellers express written consent, or which breaches the ACL.
The Buyer expressly acknowledges and agrees that the Seller is not liable for any advice given by its agents or employees in relation to the suitability for any purpose of goods or materials supplied by the Seller and all such advice relied upon is at the Buyer’s own risk; and
That the warranty supplied with the products only applies within the Commonwealth of Australia.
Where a Product is covered under a product and parts only warranty, the warranty covers only the repair or replacement of the defective part and does not include any service work or the removal of defective part(s) or the installation of repaired or replaced part(s), at the sole discretion of the Seller. Any claim for damages as defined in the ACL, will have to be instituted separately and will be subject to prior inspection and confirmation by ESTELLE Pty Ltd to determine if the claim is linked to the alleged ‘defective’ product or not.

Subject always to any overriding obligation pursuant to the ACL, the warranty shall be void for the following reasons:

Normal and fair wear and tear, misuse, abuse, or mishap
Exposure to excessive moisture derived from lack of ventilation.
Inability to provide proof of purchase.
Products used for incorrect applications.
Products not installed by a licensed trades person, failure to follow installation instructions or damage which arise from or during installation.
Products not installed to relevant National Standards, State Regulations or in accordance with the installation instructions.
Products exposed to extreme, unusual or outdoor environmental elements.
Tapware exposed to water pressures and or temperatures that exceed stated limitations.
Scratches or damage caused by applying physical and or abrasive contact directly to the product.
Isolation stop taps were not fitted where required.
Fitting of other devices to the outlet of tapware, e.g. Water filters or regulators that are not approved by the Seller.
Flow regulated check valves not installed where required or obstructions caused by inadequate flushing before use.
Services repairs or with non-standard replacement parts previously undertaken without the Seller’s approval.
Damage by adhesives, sealants, corrosives etc; or failure to comply with care and cleaning instructions.
Failure to clean and or replace outlet aerator inserts within 18 (eighteen) months.
Repair or replacement of Jumper Valves, O-rings, washers, or Aerator Inserts.

Repair, replacement, refund, or exchange process.

Complete the online form at www.estelle.com.au/warranty-claim/
Estelle Pty Ltd or an authorised member may request you to supply the physical product for assessment to identify the cause of the defect. Where the warranty claim is deemed valid, Estelle Pty Ltd will replace or repair the product if it falls within the warranty period. If a warranty claim is invalid or dishonest in nature, Estelle Pty Ltd has the right to charge the customer for fees associated with evaluating the product’s cause of the defect and retain the product until such fees are paid in full.
Customers must provide a proof of purchase to the Seller or authorised agent from whom the product was purchased. An inability to provide proof of purchase or equivalent documentation will void warranty.
If you are entitled to a refund, we will only give you the refund once we receive evidence of faulty product, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under the Terms. Refund we make will be by the same payment method used to purchase the product where possible.
The relevant invoice number should be quoted when returning goods for credit, exchange, or refund.
Change of mind or return: If you wish to cancel or return an order due to a change of mind contact the customer service team on sales@estelle.com.au. The Seller is not legally obligated under the ACL to provide a refund, however the Seller deals with each case on an individual basis and may offer a refund or credit; however, products must be returned in the original packaging and in an unused condition with all parts and pieces and refunds will not include any costs associated with the original delivery. Credit or exchanges will not be permitted after 30 days from delivery date. The Seller will not accept for return any Product that has been used, connected, installed, attempted to be connected or installed, or if your Product is custom-made or is a special order Product.
Packaging: You must adequately package any Product you are returning to ensure that it is not damaged during return delivery.
Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

Price and Payments

All goods sold, except for GST exempt goods, will be subject to GST.
Between the date of order and delivery if there is an increase in the cost to the Seller of supplying the goods which is beyond the control of the Seller, then this shall be to the account of the Buyer.
All amounts are assumed in Australian dollars unless specified.
You must pay for the order using payment methods accepted by Estelle Pty Ltd. You must not pay, or attempt to pay, for an order through fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order may be cancelled.
For any accounts in default, a STOP CREDIT will be imposed automatically.
In the event that the Buyer fails to make payment of any monies due under any invoice issued by the Seller within the due time for payment specified therein, the Buyer hereby agrees to pay interest at the rate equivalent to the aggregate of the Australian Merchant Bankers Association quoted rate (AMBA rate) for 90 day bank bills as published by the Australian Financial Review on the due date plus one (1) per cent calculated and charged on daily rests from the due date until payment is made in full. If amounts owing are unpaid for 30 days after payment is due, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

Credit Enquiries

The Buyer hereby permits the Seller to make enquiries of whoever is deemed necessary for assessing the application for credit and further permits those giving the information to the Seller, to do so without restriction.

Delivery

Shipment: The Seller shall have the right to nominate the method of and the date of delivery. If the Seller is prevented by circumstances beyond its control from shipping or delivering within the stipulated time, such time will be extended for a reasonable period after such circumstances have ceased to operate and Seller should not be liable for any loss or damage incurred by the Buyer including any consequential loss or damage arising from delays in shipping or delivery.
Part Deliveries: Unless agreed to the contrary in writing, the Seller reserves the right to make part deliveries of any order. Failure to make delivery of the total order shall not invalidate the sale. Where delivery is affected by part delivering the goods the Seller shall be entitled to invoice the customer for the goods delivered. The Buyer shall be responsible for and shall indemnify the Seller for loss of or damage to the goods from the time of delivery until paid for in full.
Method: We may deliver the products via a range of delivery methods. Deliveries may require to be signed for. If neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date. Inability to receive the goods may incur additional freight charges payable by the Buyer.
Title: Title in the products will not pass to you until the delivery of your products and full payment has been processed by us. If your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

Limitation of Liability and Disclaimers:

While the information and material provided by the Seller is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Site and this agreement, except those set out in this agreement, including but not limited to:

implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms; the Site or the products being unavailable; and

any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

Limitation: Our total liability arising out of or in connection with the products, the services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under the Terms.
This clause will survive termination of these Terms.
Amendment: These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change the Terms.
Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 and any other applicable legislation or privacy guidelines
Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of parties: The Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Our 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 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.

This website and all electronic content including images, photographs and text are the property of Estelle Pty Ltd