Terms & Conditions
Marbello - 148 Charlestown Road, Kotara South NSW 2289, Australia
Phone. 02 4927 5248
Email: sales@marbello.com.au
Website: www.marbello.com.au
1. General Terms
1.1 Application & Agreement
These Terms and Customer Policy (“Terms”) govern all transactions between Marbello.
(“Marbello”, “we”, “us”, “our”) and you, the customer or prospective customer (“you”, “your”).
By placing an order, requesting a quote, or using our website or services, you agree to be bound
by these Terms, together with any additional terms, policies or agreements we publish or link to
(collectively, the “Agreement”).
1.2 Age & Information Accuracy
You represent that you are at least 18 years old. You agree to provide complete, current, and
accurate information about yourself, your site, and payment details, and to promptly update
any changes.
1.3 Modification of Terms
We reserve the right to amend, supplement or revoke these Terms at any time. All changes will be effective immediately upon posting on our website. Ongoing orders may be subject to the revised Terms.
1.4 Severability & Waiver
If any provision of these Terms is held invalid or unenforceable, it shall be severed and the remaining provisions continue in force. Failure by us to enforce a right or provision does not waive future enforcement of that right.
2. Orders, Quotations & Payment
2.1 Quotations & Validity
All quotations provided by Marbello are valid for 30 days unless otherwise stated in writing. After that, the quotation requires reconfirmation.
2.2 Order Confirmation & Deposit
To confirm an order, you must pay a non-refundable deposit of 50% of the total quoted price (unless specified otherwise for custom orders). Receipt of the deposit constitutes acceptance of the quotation and these Terms.
2.3 Custom / Special Orders
For custom or special orders, we may require 100% payment in advance. Such orders are not eligible for cancellation or refund once placed, except as required by law.
2.4 Variations
Any change to the scope, materials, specifications, or delivery schedule after deposit is paid will be treated as a variation. We will provide you with a revised quotation and required payment adjustments. We may decline variation requests that compromise lead times or logistics.
2.5 Balance & Final Payment
The remaining balance is due prior to delivery or installation. For services (e.g., tiling installation), payment is due within 14 days after job completion unless otherwise agreed.
2.6 Late Payment / Interest
Unpaid balances will incur interest at 10% per annum, calculated daily from the due date until full payment. All costs of collection, including legal or recovery fees, are payable by you.
2.7 Right to Withhold / Cancel
If you default in payment or breach these Terms, we may suspend performance, cancel outstanding deliveries, refuse future orders, or terminate the Agreement in whole or part, without prejudice to our other rights.
3. Delivery, Returns & Refunds
3.1 Delivery Terms & Requirements
Delivery Region: We primarily service Newcastle and surrounding regions. For areas outside our standard zone, a separate transport arrangement or quote may apply.
Site Access & Instructions: You must ensure someone is present to give clear instructions about where items should be placed. If delivery must be inside gates or enclosed areas, access must be provided.
Access Clearance: The transport company’s forklifts weigh approximately 2,700 kg (unloaded). A clear path of 3 m width × 3 m height must be maintained for safe entry.
Liability for Property Damage: The transport contractor is not liable for damage to driveways, paths, gutters, roads, turf, or property incurred during delivery.
Driver’s Discretion: Drivers will endeavour to place the goods as close to your instructions as possible, but final placement is at their discretion based on safety and site conditions.
Re-delivery & Absence: If no one is present to accept or direct the delivery, re-delivery fees will apply. Marbello and the transport contractor bear no responsibility for re-delivery costs due to customer absence.
Advance Contact: Drivers may attempt to call ahead of delivery, but this is not guaranteed, even if requested.
Package Removal: Most goods arrive on pallets, shrink-wrapped or crated. The transport contractor is not responsible for removing or disposing of shipping materials.
Curbside Delivery Only: Adhering to WHS guidelines, deliveries are limited to ground-level (curbside) access. Lifting to raised areas, upper floors, or difficult-access sites is not included. The driver has discretion to refuse or limit delivery beyond curbside.
3.2 Storage Fees & Delays
If you fail to accept delivery on the scheduled date, a storage fee of AUD 50 per pallet per weekapplies until collection. Delivery delays due to traffic, weather, or logistical issues do not entitle you to cancel the order.
3.3 Returns & Refunds
Eligible Returns: Only stock standard boxed products in original, resale-condition packaging and not installed may be returned (subject to a handling fee).
Return Authorization: You must contact us to obtain a Return Merchandise Authorization (RMA) prior to returning any item. Returns without an RMA may be rejected.
Once Allows returns (excluding natural stone, custom orders, or specialty items) with a minimum handling fee of 25%.
Return Costs: You bear the cost of returning goods. Use a trackable shipping method and maintain proof of postage.
Refund Processing: Once we receive and inspect the returned goods, refunds may be issued (subject to deductions). Refunds may take 1–2 billing cycles to appear.
Non-Returnable Items:
• Custom or specially ordered goods
• Installed or modified items
• Adhesives, grout, cement, powders
• Clearance, promotional, or discounted items marked “final sale”
No Cancellation After Dispatch: Once goods have been shipped, cancellation is not permitted.
4. Warranty, Consumer Rights & Liability
4.1 Consumer Guarantees
Your statutory rights under the Australian Consumer Law (ACL) apply. If a product fails a consumer guarantee, you may be entitled to repairs, replacement or refund.
4.2 Exclusions & Conditions
We do not consider the following to be defects or warrantable:
Minor aesthetic variations (shade differences, veining, small surface marks)
Damage resulting from improper installation, maintenance, or misuse
Exposure to harsh chemicals, soil, or environmental elements
Changes resulting from wear, ageing or natural processes
Damage due to extreme events or negligence
4.3 Limitation of Liability
To the maximum extent permitted by law, our liability (and that of our suppliers) is limited to:
(a) supplying replacement goods or re-performing services, or
(b) paying the cost of replacement or re-performance.
In no event shall our liability exceed the amount you paid for the specific goods or services.
4.4 Indemnity
You indemnify and hold us harmless against any losses, claims, damages, or liabilities arising
from your breach of these Terms, improper use, or third-party claims relating to your project or
site.
5. Disputes, Termination & Governing Law
5.1 Notification & Resolution
If you are dissatisfied with any product or service, you must notify us in writing with full particulars. We will attempt to resolve any issue within 10 business days.
5.2 Confidentiality & Public Statements
All communications and dispute matters must remain confidential. Public comments, including on social media, considered defamatory or damaging may result in claims for compensation.
5.3 Termination
We may suspend or terminate services if you breach these Terms, default on payment, or impede our access to the site. Upon termination, all outstanding fees become immediately due and payable.
5.4 Governing Law
These Terms are governed by the laws of New South Wales, Australia. All disputes must be resolved in the courts of NSW.
6. Definitions & Miscellaneous
Products / Goods: Tiles, adhesives, materials, stone, and related goods supplied by Marbello.
Services: Installation, waterproofing, transport, delivery, site works.
Quotation / Estimate: A written or emailed offer to deliver goods or services under defined terms.
Deposit: The initial non-refundable payment (typically 50%) securing your order.
Storage Fee: AUD 50 per pallet per week for delayed pickup.
Transport Company: The logistics/transport contractor employed by Marbello for delivery.
Site: The physical address or location where goods are delivered or services performed.
Variation: Any change to scope, specification, schedule, or site conditions after order
confirmation.