Terms & Conditions
PRICING & DESCRIPTIONS
Despite all reasonable precautions taken by Three Balls Red, goods may be listed in print, on this website or on printed labels in the Showroom at an incorrect price, at an incorrect measurement, with an incorrect description or with incorrect information, due to a typographical error, digital error or other oversight. In these circumstances, Three Balls Red is not obliged to provide the good at the incorrect price and reserves the right to cancel the transaction, notwithstanding that your order has been confirmed and you have been charged. Three Balls Red reserves this right up until the time of delivery of the goods.
Tiles may be made from natural clays and silica and because of their composition may be subject to hazing and natural variations in shape, size and colour between batches. Three Balls Red makes every effort to display the colours of the goods as accurately as electronic media will allow. However, Three Balls Red cannot guarantee an exact colour match of the on-screen colour to the colours of the actual goods, and the colours contained on this website should not be relied on as such. Colours may vary depending on your screen settings and resolution. Slight variation will not be accepted as a reason to reject an item. Light fixtures may be made from natural fibre, timber, rattan, and silica and because of their composition may be subject to natural variations in shape, size and colour between batches. Three Balls Red makes every effort to display the colours of the goods as accurately as electronic media will allow. However, Three Balls Red cannot guarantee an exact colour match of the on-screen colour to the colours of the actual goods, and the colours contained on this website should not be relied on as such. Colours may vary depending on your screen settings and resolution. Slight variation will not be accepted as a reason to reject an item. Installation Warning Unless a product is labelled DIY (Do-It-Yourself), all electrical work must be performed by a qualified licensed electrician.
- Quotations are valid for 30 days barring errors or omissions.
- As prices are ex warehouse, an additional freight component may be charged.
- Pricing may be subject to change without notice.
All drawings, dimensions, samples, descriptive matter and specifications are intended as a guide only. Three Balls Red reserves the right to change, alter or modify the design, dimensions, construction or costing of any item without prior written notice.
An order confirmation will be forwarded to you in acknowledgement of receipt of your order. This document superseded all prior correspondence in relation to your order (verbal, written, graphic or otherwise). We will proceed with your order, as per your order confirmation, unless we receive written notification of any requested changes with 24 hours.
Due to tight lead times and stock availability, Three Balls Red secure and pack stock shortly after orders are placed. Therefore we are only able to change your order if manufacturing and / or packing has not started. Once your order has been confirmed any request for subsequent changes must be sent in writing. No guarantee can be given that the requested change can be made. Any variation or cancellation agreed to by Three Balls Red may incur additional costs.
We will provide you with an estimated delivery time upon placement of your order. Failure to provide all relevant information may delay lead times. Lead times are an estimate and commence upon receipt of deposit payment. Stock will only be shipped / delivered once balance payments have cleared. Three Balls Red shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labour difficulty, act of God, act of any governmental authority or of the Purchaser, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labour, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control. If any such event occurs, we may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available product or cancel any purchase order. Whilst we will make every effort to achieve nominated delivery dates, delays do not constitute a breach of contract and Three Balls Red is in no way liable for any resulting damages.
We do not accept change of mind returns on custom-made items. Non-standard or custom-made items, and special orders cannot be cancelled after production has been scheduled for manufacture or after materials for production have been purchased. Custom orders must be paid for in full at time of ordering and amount of deposit paid cannot be refunded for change of mind. Full balance must be paid prior to dispatch of custom order and full amount cannot be refunded or credited due to change of mind. Faulty custom orders can be refunded or exchanged. If you have any issues please direct them to your Salesperson.
Our standard payment terms are 50% deposit. Deposit is non-refundable. Balance due prior to release or delivery of the goods. Goods remain the property of Three Balls Red until full payment has been received. We accept Mastercard, Visa, Cash, Cheque and Direct Deposit.
Delivery times will be arranged with you once goods are ready for dispatch. While we use a premium freight service, transit times are beyond our control. The freight charge covers a single delivery at ground level during normal weekday delivery hours. Customers are responsible for checking that all goods have free and easy access to their intended destination. Prior to delivery please provide us with full written details of any difficulty to access eg. steep driveways, muddy driveways where the truck may get bogged, etc We reserve the right to charge additional costs for unusual access not advised in writing. Should delivery prove impossible, we may require the customer to accept the goods and make their own arrangements for delivery. Cancellation of a booked delivery is subject to a cancellation fee equivalent to the standard delivery price, should notice be given later than 24 hours prior to the booked delivery date. If you are unable to accept delivery within 7 days from our first call following the completion of your order, the invoice must be paid in full.
Inspection of products is required upon delivery. Any damage must be noted on delivery docket presented to you by carrier for signature. We will not be responsible for any damage by couriers, freight handlers or shipping companies. Damages must be documented and reported within 2 days of delivery receipt. We are not responsible for repair or replacement of damages reported after this time. Purchaser must note any damages on the delivery receipt upon delivery, along with documentation and photographs of the item/s and packaging. If damage has occurred during delivery all packaging must be retained by receiver, failure to do so may invalidate any claim.
We are not responsible for the following:
- Damage caused by improper installation or assembly by the customer or customer’s agent.
- Damage caused by improper cleaning solutions or methods.
- Damage caused to our fixtures, parts of our fixtures, or shades, by the improper use and installation of light bulbs.
- Damage caused by exposure to weather or improper environment.
- Changes in the appearance of hand rubbed finishes or unlacquered finishes- these are meant to age in appearance.
- Any costs of installation, removal or re-installation.
- Restoration or repair work.
- Any parts purchased separately from our light fixtures.
- Claims will require photographic evidence to prove a claim.
- All packaging must be retained to process a claim.
We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:
- Has a problem that would have stopped someone from buying the item if they had known about it.
- Is unsafe.
- Is significantly different from the sample or description.
- Doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
- If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
- Please keep you proof of purchase – e.g. your receipt.
We are not able to offer returns on Custom Made fixtures. Stock items incur a restocking fee of 20% and freight fee to return stock to the bulk warehouse.
Three Balls Red reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by Purchaser will be returned. Orders may only be cancelled by Purchaser in writing within 24 hours of order placement. If Purchaser chooses to cancel once the 24 hour cancellation window has passed they receive a part refund less 35% admin fee and manufacturing costs if the project has started.
TERMS & CONDITIONS
Any sales made are expressly conditional upon Purchaser’s agreement to the terms and conditions in this document. These terms and conditions may be modified or supplemented only by a written document signed by an authorized representative of Three Balls Red These terms and conditions supersede any prior and/or contemporaneous agreements or correspondence between Purchaser and Seller. Seller reserves the right to change the Terms without notice.
Purchaser is solely responsible for compliance with all laws, ordinances, regulations, rules and standards relating to the installation, maintenance, use and operation of the products. This document is given in addition to consumer guarantees and cannot exclude these rights.
LIMITATIONS OF LIABILITY
Three Balls Red, its contractors and subcontractors or suppliers of any tier shall not be liable to Purchaser for any special, indirect, incidental or consequential damages arising from Products or from a breach of this Agreement. Purchaser’s remedies set forth herein are exclusive and the liability of Seller with respect to the breach of this Agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the Product(s) or part on which such liability is based. To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.
Gold Coast Showroom