Terms and Conditions - Privacy

INFORMATION PROVIDED ON OUR WEBSITE

1.1 Except as required by law, our website, operated by DIY Courts and Floors, a business of Capital Design Co Pty Ltd (referred to as "DIY Courts and Floors"), is provided "as is" without any warranty or condition, express or implied. The information and content on our website are of a general nature. While we take reasonable steps to ensure accuracy and completeness, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)), we make no warranties or representations about our website and its content, including (without limitation) warranties or representations that the website or its content will be complete, accurate, or up to date.

1.2 DIY Courts and Floors may alter, suspend, or discontinue the website or any content at any time without notice. We do not warrant and do not represent that our website and the content are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. Access to our website is provided with the understanding that you assume all responsibility for any loss, damage, or consequence resulting directly or indirectly from your access or use of our website.

1.3 To the maximum extent permitted by law (including, without limitation, the ACL), in no event will DIY Courts and Floors, our officers, directors, employees, or agents be responsible or liable for any loss, damage, costs, or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e., whether in contract, negligence, or any other tort, equity, or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service, or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, loss, liability, or expense.

2. YOUR USE OF OUR WEBSITE

2.1 Your use of our website must comply with these Website Terms. Do not use our website for any illegal, prohibited, or inappropriate purpose or attempt to interfere with or disrupt our website. For example, and without limitation, do not:

• Defame, abuse, intimidate, harass, threaten, or offend us, our employees, officers, agents, or other individuals and users of the website.
• Breach any laws or regulations or infringe anyone's intellectual property rights or privacy rights.
• Upload harmful files that may cause damage to our property or the property of others.
• Hack, spam, disable, corrupt, or otherwise affect the functionality or performance of the website or its content.

2.2 Without notice and at our sole discretion, we may immediately remove any information or content that breaches these Website Terms or for any other reason.

3. THIRD-PARTY WEBSITES

3.1 We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content of third-party websites and make no representations about the accuracy of third-party sites.

4. PROMOTIONS, COMPETITIONS, AND DISCOUNTS

4.1 From time to time, DIY Courts and Floors may run promotions, competitions, or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions, or discounts. Your participation in any promotion or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may apply.

5. INTELLECTUAL PROPERTY

5.1 All content made available on our website and all rights, title, and interest in such content, including the DIY Courts and Floors brand, our graphics, text, video, and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable, and non-transferable license to view, download, and print our content via the website.

5.2 You may only use, access, and print content on our website for non-commercial or personal use provided you keep intact all copyright and proprietary notices. You are otherwise prohibited from any other use, copying, or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title, or interest to our website or our content.

6. TERMS OF SALE

6.1. Orders

6.2. All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by DIY Courts and Floors, a business of Capital Design Co Pty Ltd (referred to as "DIY Courts and Floors"). Each order, if accepted by us, will be a separate and binding agreement between you and DIY Courts and Floors with respect to the supply of the relevant Products, following these Terms of Sale.

6.3. DIY Courts and Floors may accept, reject or cancel your order for any reason in its absolute discretion. If your order is rejected or cancelled, and you have paid for the order, you will receive a refund of any money paid to us for the rejected order.

6.4. You agree that any Products purchased by you are for personal use only and are not for resale or commercial use.

6.5. The Products are charged at the price published at the time you submit your order. DIY Courts and Floors reserves the right to change the price of Products at any time without notice to you.

6.6. All prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

6.7. If, for any reason, incorrect pricing is displayed on the website, DIY Courts and Floors reserves the right to amend such pricing errors and may exercise its right to cancel an order at any point before delivery.

6.8. In addition to the price for the Products, you will also need to pay the delivery charge listed (if any).   If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges. You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.

6.9. Payment

6.10. Payment in full for all Products is required at the time of placing an order with us. 

6.11 For a Custom order, DIY Courts and Floors may accept a non-refundable 65% deposit, with the remining falling due at time you receive the photo of your product. If this methord is chosen, no product will be shipped until 100% of the invoice is paid in full. If you fail to pay the full amount within 7 Business Days from photo being supplied for approal. DIY Courts and Floors, may cancel the order and retain the 65% deposit. 

6.11. By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. DIY Courts and Floors is under no obligation to ship any Products ordered until payment in full for those Products has been received.

6.12. DIY Courts and Floors does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product. We will always notifiy you before we take this action.

6.13. Cancellations and Order Amendments

6.14. Once placed, orders are unable to be canceled or amended without DIY Courts and Floors' consent. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being, created or dispatched, you may contact DIY Courts and Floors to request the amendment or cancellation, and we will do our best to accommodate your request.

6.15. Delivery

6.16. Details of our delivery processes and costs are set out on our Shipping and Returns page.

6.17. Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order and paid for in full.

6.18. We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate; however, stock availability and events outside of our control may cause delays, or in some circumstances, prevent your Products from being delivered. We will always do our best to give you the most accurate estiamte and a live tracking link so you can see your order move from warehouse to your door.

6.19. On delivery, you may be required to sign a proof of delivery document. Due to large size of orders, the delivery will be authorised to be left. It is your responsiblity to ensure security for Products left without being required to sign for proof of delivery as long as courier has evidence of delivery. We will not be liable for any lost, stolen, or damaged Products once these Products have been delivered with proof, we will assist all customers to work with couriers if any issues occurs.

6.20. If the Products cannot be delivered due to an error or fault on your part (such as an incorrect delivery address provided by you or an inability to unload the Products in a suitable or safe location), and re-delivery of the Products is required, you will be responsible for covering the costs of any re-delivery.

6.21. Returns

Change of Mind Policy – DIY Courts and Floors Sports Tiles

6.22. Due to the custom nature of DIY Courts and Floors sports tiles, DIY Courts and Floors is not able to offer customers a refund or exchange on its sports tiles for a change of mind.

Warranty Coverage

6.23a. Some of our Products come with express manufacturer warranties provided by the manufacturer of the Products. These warranties are not provided by DIY Courts and Floors, and DIY Courts and Floors will not be liable for any claims made under these express manufacturer warranties. We will always assist and facilaite all claims to resolve the issue.

6.23b. DIY Courts and Floors provide warranty against their tiles for the specified period definded on the product. We stand behind the quality of our product and offer long  warranty from the date of delivery. 

6.23c Please note that any misuse or abuse will void the warranty. Should abnormal deterioration or failure occur under normal usage within the warranty period due to defects in workmanship or material, replacement with similar components (or comparable ones if unavailable) will be provided at no cost or at a prorated price, depending on estimated life. 

6.23d This warranty becomes void if the components are damaged due to accident, unreasonable use, neglect, improper installation, alteration, or any cause not related to defects in material or workmanship of the components.

6.23e If tiles need replacement under warranty or other circumstances, please be aware that the appearance of replacement tiles may differ from those that have already aged and weathered. DIY Courts and Floors will not replace those that are weathered or do not match, just the faulty items. Additionally, we do not provide warranty coverage for damage to the locking system of tiles if improperly disassembled (e.g., pulling, tearing, bending, etc.). Please use a putty knife carefully to unlock the tiles if they need to be disconnected. Warranty is limited to replacing the item and does not include and installation costs as these are supplied as a DIY product

Gradual Colour loss and Line Marking Warranty

6.23f It's important to understand that gradual colour loss is not covered by this guarantee. Colour changs are expected over time under the harsh Australian sun, while colourfastness has been added, the products will change colour overtime and this is normal and expected.

6.23g   DIY Courts and Floors does not offer warranty coverage for line marking services and/or custom logos. As with any painted product, line markings and logos are subject to fading over time and potential chipping. While our examples showcase the durability of line marking for years, it's crucial to refrain from using a jet spray on the court or lines. A simple blower suffices for cleaning purposes. In the event of a manufacturer's fault or issue identified within the initial 12 months, DIY Courts and Floors may, at its discretion, provide a refund up to the amount associated with the line marking/logo cost in the original order.

6.23h It's worth noting that DIY Courts and Floors does not warrant the capability of any installer.

6.24. Making a Warranty Claim

Should a warranty claim arise within this period and be authorised by DIY Courts and Floors , we will work with you to negotiate terms for replacement or repair. However, please note that DIY Courts and Floors will not be liable for any loss of time or inconvenience incurred as a result of the warranty service.

DIY Courts and Floors will assist customers who wish to make a warranty claim with the manufacturer of any Products. Customers who would like our assistance in making a warranty claim can contact us directly at info@capitaldesignco.com.au.

Prior authorisation and verification of the error must be obtained from DIY Courts and Floors before any merchandise can be replaced. It is the buyer's responsibility to handle the disassembly, return of component(s), and reinstallation. 

Consumer Guarantees

6.25. 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.

6.26. To arrange a return for a faulty, damaged, or incorrectly described Product, please contact us directly at info@capitaldesignco.com.au.

Refunds

6.27. If we are obliged to refund your payment pursuant to these Terms of Sale, we will aim to process the refund within 14 business days. The time it takes for you to actually receive the refund will depend on your financial institution.

Liability for Sale and Purchase of Products

6.28. To the maximum extent permitted by law (including, without limitation, the ACL) and except as otherwise provided for in these Terms of Sale, in no event will DIY Courts and Floors, our officers, directors, employees, or agents be liable to you or any other person for any loss, damage, costs, or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase, use, or otherwise of the Products. This exclusion applies regardless of the cause of action – i.e., whether in contract, negligence, or any other tort, equity, or under statute.

6.29. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product, or the cost of repairing the Product. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, loss, liability, or expense. Our liability to you for any loss, damage, costs, or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs, or expense.

7. GOVERNING LAW

7.1. Your use of our website, purchase of Products, and these Website Terms are governed by the laws of the State of Victoria, and you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.

8. UPDATES TO THESE WEBSITE TERMS

8.1. These Website Terms are effective from 02 Feburary 2024. We reserve the right to update these Website Terms at any time without notice. You should ensure you are aware of our current Website Terms by checking our website regularly.