Terms and Conditions
Otti Australia and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Otti Australia, you accept these conditions. Please read them carefully. In addition, when you use any current or future Otti Australia service or visit or purchase from any business affiliated with Otti Australia, whether or not included in the Otti Australia Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS
When you visit Otti Australia or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Otti Australia or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Otti Australia and protected by international copyright laws. All software used on this site is the property of Otti Australia or its software suppliers and protected by international copyright laws.
Images of Otti Australia and Inspire Bathware products and bathrooms in part or whole are owned by Otti Australia Empire Pty Ltd. They are supplied in good faith and are not to be misused or misrepresented.
All images on this website are owned by Otti Australia Empire Pty Ltd that represent the brands image, identity and intellectual and can only to be used by authorised customers and publishers.
Use of images must be applied for by any one publishing online or in print and must be authorised Otti Australia Pty Ltd in writing.
Images can only be used in whole or part with no changes or amendments unless authorised by Otti Australia Empire Pty Ltd in writing. At no point can any user copy, mislead or misrepresent the Otti Australia and Inspire Bathware products, images or/and brand in marketing, advertising, blogs, websites, or online stores.
No changes/amendments to images owned by Otti Australia Empire Pty Ltd are allowed in whole or part without consent by Otti Australia Pty Ltd in writing.
Any efforts to change images and misrepresent, is an infringement copyright and intellectual property.
Otti Australia Pty Ltd reserves the revoke any authorisation of use of images at any time.
LICENSE AND SITE ACCESS
Otti Australia grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Otti Australia. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Otti Australia. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Otti Australia and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Otti Australia's name or trademarks without the express written consent of Otti Australia. Any unauthorised use terminates the permission or license granted by Otti Australia. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Otti Australia so long as the link does not portray Otti Australia, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Otti Australia logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Otti Australia does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Otti Australia only with involvement of a parent or guardian. Otti Australia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Otti Australia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Otti Australia and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Otti Australia and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Otti Australia or its affiliates for all claims resulting from content you supply. Otti Australia has the right but not the obligation to monitor and edit or remove any activity or content. Otti Australia takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Otti Australia and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Otti Australia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Otti Australia and its affiliates attempt to be as accurate as possible. However, Otti Australia does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Otti Australia itself is not as described, your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than Otti Australia and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Otti Australia does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY OTTI AUSTRALIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. OTTI AUSTRALIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OTTI AUSTRALIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OTTI AUSTRALIA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OTTI AUSTRALIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OTTI AUSTRALIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Otti Australia, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Otti Australia or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Otti Australia or to products you purchase through Otti Australia shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate Otti Australia's intellectual property rights, Otti Australia may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Otti Australia. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SPECIFICATIONS AND IMAGES
Please note that specifications and products are represenations and may change at any time. Please ensure by checking at the time of ordering that the product as fit for purpose for each project.
ALL DIMENSIONS ARE NOMINAL. All dimensions are in millimetres and are subject to normal manufacturing
variations. The right is therefore reserved to vary specifications without notice.
PLEASE DO NOT DRILL OR ROUGH IN UNTIL YOU HAVE RECEIVED YOUR PRODUCTS.
Shipping & Returns
1. Sales Taxes
We are required to automatically charge and withhold the applicable GST for orders to be delivered to addresses within australia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state or country.
2. Delivery Date
Delivery dates are estimates only and the Company is not liable for any loss or damage for failure to deliver by the estimated delivery date.
3. Returns
3.1 Subject to and to the maximum extent permitted by the Consumer Law, Products are sold on a non-return basis and unless damaged, faulty or incorrectly delivered cannot be returned.
3.2 The Customer must be a customer of Otti Australia Pty Ltd (Company) and are only entitled to return the Products to the Company if it believes the Products are not supplied in accordance with the description, quality or quantity set out in the Quotation.
3.3 Any return of Products must:
(a) be approved by the Company prior to the Products being returned to the Company and the Company reserves the right to inspect Products to be returned;
(b) be made at the Customer’s cost; and
(c) be returned according to the Company’s procedure for returns, as updated by the Company from time to time, including but not limited to the Products:
(i) being returned in the Products’ original packaging which must be in its original and saleable condition. For the avoidance of doubt, the Products must not have been installed;
(ii) including the Invoice number and date for the Products being returned;
(iii) if the Products are returned pursuant to clause 1:
- the Customer must advise the Company of returns required of Products within three (3) days after the delivery date, otherwise no liability will be accepted,
- all damaged or faulty Products (excluding unavoidable imperfections) will be credited or replaced if the Company is advised within three (3) days after the delivery date and upon inspection by the Company are found to be damaged or faulty; and
- the Company will not be liable for any special, exemplary, punitive or consequential Loss incurred by the Customer; and
3.4 If the Company, at its sole discretion, determines that the Products may be returned under clauses 1 or 5.2, the Company may, at its sole discretion:
(a) credit the Trading Account of the Customer with a credit equal to the price specified in the Price List or Quotation (as applicable) for the relevant Products; or
(b) supply replacement Products to the Customer.
3.5 If the Company, at its sole discretion, determines in good faith to accept a return of Products for reasons other than because the Products returned do not meet the description, quality or quantity set out in the Quotation, the Customer must pay a restocking fee equal to 20% of the Fees payable in respect of returned Products.
3.6 Once a Product has installed the terms of the Express Warranty will apply.
This express warranty covers defects that have arisen solely from faulty materials or workmanship in the Products. Defects that arise as a result of the following are not covered by this warranty:(a)abuse, misuse, neglect, maltreatment, excessive stress or strain;(b)excessive water pressure or temperature (which do not comply with the recommended usage below);(c)repairs or alterations (other than by an accredited and licensed technician); and(d)attachments of accessories any kind.
4. Damaged or Incorrect Merchandise
No liability is accepted for damage or shortage of product unless written notification is received
within 3 days for damaged goods or shortages on delivery.
All goods of faulty manufacture (excluding imperfections permitted within AS1976 Vitreous China Used in Sanitary Appliances) will be credited or replaced if the Company is
advised within a reasonable time after delivery, and the faulty product is made available for inspection and return. To the extent permitted by the Trade Practices Act and other relevant legislation, the Company’s liability is limited to: The cost of replacing the goods;The cost of obtaining equivalent goods; or The cost of having the goods repaired. The Company is not responsible for any lack of operation or performance of goods (or any loss or damage) where goods are used or adapted for a purpose for which they are not designed.
