Terms and conditions

Welcome to the Stone Planet website. This platform is operated by [Planet Distribution & Services Pty. Ltd.] (ABN 58 694 583 170), trading as Stone Planet.

At Stone Planet, we believe transparency is the foundation of a great business relationship. Because natural stone is a unique, high-value material, we want to ensure you fully understand how we handle everything from the first deposit to the final delivery. 

Here is a detailed breakdown of our Terms and Conditions, written to be as clear and straightforward as possible:

1. Definitions and General Interpretation

1.1 Definitions

Within the parameters of this Agreement, unless the context unequivocally dictates otherwise, the ensuing definitions shall apply:

• “Company”, “We”, or “Us” refers to Stone Planet, inclusive of its directors, employees, authorized agents, successors, and assignees.
  
• “Customer”, “You”, or “Buyer” refers to any individual, partnership, firm, corporation, or entity (including their respective agents and representatives) offering to purchase, purchasing, or accepting the supply of Goods from the Company.
  
• “Goods” encompasses all physical products supplied by the Company, including but not limited to natural stone pavers, tiles, cobblestones, pool coping, walling, treads, risers, and any ancillary materials.
  
• “Order” denotes any formal request for the supply of Goods submitted by the Customer to the Company, whether executed via digital website portals, electronic mail, telephone communication, or physical purchase orders.
  
• “Custom Order” or “Indent Order” refers to Goods that are specifically cut, manufactured, sourced, or imported internationally to satisfy the Customer’s bespoke architectural specifications, and which are not ordinarily maintained in the Company’s standard domestic inventory.
  
• “Trade Customer” refers to an entity that has been formally vetted and approved for the Company’s “Tradies Program,” entitling them to specialized wholesale pricing, custom fabrication services, and specified commercial credit terms.
  
• “Delivery Location” refers to the specific geographic address nominated by the Customer for the discharge of the Goods.
  
• “Force Majeure Event” refers to any circumstance or event beyond the reasonable forecasting and control of the Company, including but not limited to acts of God, global or local pandemics, port congestion, shipping strikes, border closures, extreme weather events, and international quarry extraction delays.

1.2 Principles of Interpretation Any reference to monetary amounts is strictly in Australian Dollars (AUD). The singular tense includes the plural tense and vice versa. The term “including” is to be interpreted as “including without limitation.” Furthermore, where these Terms operate in favor of two or more persons, they bind them jointly and each of them severally.

2. Formation of Contract and Prevailing Terms

2.1 Acceptance and Application These Terms and Conditions unconditionally govern all contracts, transactions, quotations, and interactions for the supply of Goods by the Company. A legally binding contract is formed, and the Customer is deemed to have irrevocably accepted these Terms and Conditions, upon the occurrence of any of the following events: the provision of written or verbal instructions to proceed with an Order, the payment of any full or partial deposit, or the physical acceptance of any Goods upon delivery or collection.

2.2 Supremacy of Company Terms This document constitutes the entire agreement between the Company and the Customer, superseding all prior negotiations, representations, and understandings. The Company expressly rejects any standard terms and conditions presented on documents issued by the Customer (such as external purchase orders). In the event of any contractual inconsistency, the Company’s Terms and Conditions shall strictly and entirely prevail, unless an authorized director or senior manager of the Company agrees otherwise through explicit written consent.

2.3 Unilateral Modification Rights The Company reserves the absolute right to amend, alter, revise, or update these Terms and Conditions at any time without prior specific notice. The iteration of the Terms and Conditions published and prevailing at the exact time an Order is formalized shall govern that specific transaction.

3. Quotations, Pricing Adjustments, and Order Refusal

3.1 Quotation Estimates and Validity All quotations generated by the Company serve strictly as estimates based on prevailing costs and do not constitute a legally binding obligation to supply the quoted Goods. Unless explicitly stated otherwise in writing, standard quotations maintain validity for a period of thirty (30) days from the date of issuance, whereas specific promotional or clearance quotations maintain validity for only forty-eight (48) hours.

3.2 Taxation, Freight, and Pricing Variations All advertised and quoted prices are exclusive of the Goods and Services Tax (GST) and exclude third-party freight and logistical delivery charges unless otherwise expressly incorporated into the written quotation. The Company reserves the unequivocal right to modify final pricing if the Customer requests alterations to product dimensions, quantities, or delivery schedules subsequent to the initial quote. Additionally, pricing for imported Goods is inextricably linked to international exchange rates and global freight tariffs; the Company reserves the right to pass unforeseeable material variations in these external costs onto the Customer prior to the finalization of the contract.

3.3 Discretionary Refusal and Cancellation The Company retains the absolute and unfettered discretion to decline, suspend, or cancel any Order, either in its entirety or partially, without incurring any liability to the Customer, at any point prior to physical delivery. Justifications for such cancellation may encompass, but are not limited to, supply chain inventory exhaustion, administrative pricing errors, or the discovery of an unsatisfactory commercial credit assessment pertaining to the Customer.

4. Financial Obligations, Deposits, and Commercial Credit

4.1 Standard Payment Protocol For standard, domestically stocked Orders, the Customer must remit payment in full via cleared funds prior to the warehouse allocation, dispatch, or collection of the Goods. The Company is under no obligation to release any Goods until financial settlement is completely verified.

4.2 Deposit Structures and Custom Order Finality To secure standard stock inventory, a non-refundable deposit equating to thirty percent (30%) of the total Order value is strictly enforced. For Custom Orders, Indent Orders, or specific architectural cuts, a non-refundable deposit of fifty percent (50%) is mandatory prior to the Company initiating international sourcing or domestic fabrication. Due to the highly specialized nature of Custom Orders, once manufacturing or importation commences, the Order becomes absolute; it cannot be revoked, modified, or canceled by the Customer under any circumstances, and the Customer remains legally liable for the entirety of the invoiced balance.

4.3 Commercial Credit and the Tradies Program Commercial entities enrolled in the Company’s Tradies Program may, subject to rigorous and ongoing credit assessments, be granted formalized credit facilities (e.g., standard 14-day or 30-day End of Month terms). The Company reserves the unilateral right to withdraw, suspend, or dynamically adjust these credit limits at its absolute discretion, without providing prior justification. Payment to the Company under these terms is absolute and is not contingent upon the Trade Customer receiving payment from their own downstream clients or developers.

4.4 Penalties for Default and Debt Recovery Indemnification Failure to remit payment by the stipulated invoice due date constitutes a material breach of this Agreement. In such events, the Company reserves the right to suspend all future supply and levy penalty interest on the outstanding quantum at a rate of ten percent (10%) per annum, calculated and capitalized daily. The Customer comprehensively indemnifies the Company against all costs, expenses, and damages incurred in the pursuit of debt recovery, including but not limited to commercial debt collection agency commissions, bank dishonor fees, and legal costs assessed on a full indemnity basis.

5. Delivery Logistics, Site Hazards, and Passing of Risk

5.1 Delivery Schedules and Timeframes While the Company shall employ all reasonable commercial endeavors to strictly adhere to estimated delivery dates, time is fundamentally not of the essence in this contract. Delivery schedules are estimates dependent on third-party transport networks. The Company categorically disclaims all liability for any direct, indirect, or consequential losses—including site labor downtime, idle contractor costs, or liquidated damages for project delays—resulting from delivery disruptions caused by transport strikes, mechanical failures, port congestion, or Force Majeure Events.

5.2 Strict Kerbside Delivery Limitations Standard delivery operations are executed via third-party heavy haulage logistics and are strictly confined to kerbside placement at the nominated Delivery Location, or the nearest safe and accessible hardstand point as determined at the sole discretion of the transport driver. Under no circumstances are the Company’s staff or external transport representatives permitted to transport, carry, or navigate heavy palletized Goods inside a residential property, internal dwelling, or restricted commercial construction zone, due to severe occupational health and safety regulations and prevailing insurance prohibitions.

5.3 Site Hazard Disclaimers and Equipment Risk The Customer assumes absolute responsibility for guaranteeing a safe, unobstructed environment for the operation of heavy unloading machinery, including crane trucks, forklifts, and mechanical pallet jacks. The Company and its nominated carriers accept zero liability for any property damage inflicted upon subterranean infrastructure (including but not limited to irrigation networks, plumbing mains, and electrical conduits), driveways, finished paved surfaces, landscaping, or soft ground during the unloading process. If a site is deemed unsafe or inaccessible upon arrival, the driver may abort the delivery, resulting in the Customer incurring substantial secondary redelivery fees.

5.4 Absolute Passing of Title and Risk The risk of loss, structural damage, theft, or destruction of the Goods transfers unconditionally to the Customer at the exact moment the Goods are loaded onto the Customer’s nominated transport vehicle (during warehouse collection) or immediately upon being offloaded at the Delivery Location (during Company-arranged freight). Conversely, legal and equitable title (ownership) of the Goods remains firmly vested in the Company until the entirety of the purchase price and any associated logistical fees have been received in cleared funds.

6. Warehouse Collection and Extended Storage Policies

6.1 Turnaround Times for Collection Customers opting to independently collect Orders from the Company’s warehouse must provide a minimum turnaround notification of 1 business day to facilitate safe and accurate forklift loading. The Company reserves the right to refuse loading operations if the Customer’s nominated transport vehicle is deemed structurally unsuitable or legally unsafe to bear the heavy weight of natural stone pallets.

6.2 Complimentary Storage Window Upon formal notification that an Order is prepared and available for collection or dispatch, the Company shall provide complimentary holding storage at its facility for a maximum duration of fourteen (14) days or the timeframe requested by the Customer.

6.3 Punitive Storage Fees Should the Customer fail or refuse to accept delivery, or delay collection beyond the complimentary 14-day window or agreed upon timeframes, a punitive storage tariff of eight dollars ($8.00) per pallet, per week, shall be immediately levied. All accumulated storage tariffs must be settled in full prior to the final release of the Goods. The Company accepts no liability for the degradation of timber packaging or the accumulation of environmental debris on Goods stored for extended durations.

7. Inherent Geological Characteristics and Industry Tolerances

7.1 Natural Variations and Hidden Faults The Customer acknowledges and accepts that natural stone is a geological product extracted from the earth. Profound variations in color, veining, granular texture, shading, and structural composition are the defining natural characteristics of the product and emphatically do not constitute manufacturing defects, faults, or grounds for rejection or refund. Natural stone may also harbor hidden internal faults or fissures that are not visually ascertainable prior to cutting or installation; the Company provides no warranty that the stone is entirely free from such natural structural anomalies.

7.2 Dimensional Tolerances Standard industrial cutting tolerances apply universally to all supplied Goods. Sawn-cut stone pavers and tiles may exhibit dimensional thickness and width variances of 2mm to 4mm, whereas hand-cut, split-faced, or organic walling products may exhibit variances of 3mm to 8mm. Such variances are an accepted global industry standard for natural materials and do not warrant any claim for replacement or financial compensation.

7.3 Damage Thresholds and Imperfect Goods Given the inherently brittle nature of stone and the rigorous demands of heavy palletized transport, minor chipping, scuffing, and transit breakages are an unavoidable reality. Consequently, the Company strictly enforces an industry-standard damage tolerance threshold of seven percent (7%) per total Order volume. The Customer and their tradesmen are instructed and expected to isolate and utilize these “Imperfect Goods” for necessary boundary cuts, architectural infills, and standard wastage areas. Claims for breakages or transit damage will only be entertained if the volume of completely unusable material strictly and demonstrably exceeds this 7% threshold.

8. The 72-Hour Inspection Mandate and Deemed Acceptance

8.1 Immediate Inspection Protocol The Customer, or their authorized site representative, is mandated to meticulously inspect the Goods immediately upon arrival at the Delivery Location. Any formal claims pertaining to incorrect product supply, quantitative shortfalls, or structural damage (strictly exceeding the aforementioned 7% tolerance) must be lodged with the Company in writing, accompanied by high-resolution photographic or video evidence, within exactly seventy-two (72) hours of the delivery timestamp. Notations of damage must also be directly recorded on the transport carrier’s delivery docket; marking a docket merely as “unchecked” is insufficient and equates to receiving the goods in flawless condition.

8.2 Mechanisms of Deemed Acceptance Failure to provide detailed written notification within the 72-hour evidentiary window constitutes final and irrevocable acceptance of the Goods in their delivered condition. Furthermore, unpacking entire pallets beyond the scope of a superficial initial inspection, relocating the Goods to secondary positions on the site, or distributing the Goods across a construction zone also constitutes deemed acceptance, as the Company can no longer determine if damage occurred during freight or subsequent site handling.

8.3 Site Inspections and Mediation Call-Out Fees If a legitimate claim is lodged within the timeframe, the Company reserves the right to physically dispatch an agent to inspect the Goods. If a site meeting is demanded by the Customer for mediation, and subsequent inspection reveals no fault in the Company’s supply (e.g., the issue is determined to be installer error or natural acceptable variation), the Company reserves the right to levy a site inspection call-out fee commensurate with the geographic distance traveled (minimum $200 to $250 AUD).

9. Absolute Post-Installation Liability Bar

9.1 Installation Constitutes Finality Under no circumstances whatsoever will the Company entertain claims, accept returns, authorize exchanges, or issue refunds once the Goods have been laid, glued, affixed, sealed, or otherwise permanently installed. The physical act of installation serves as absolute, undeniable confirmation that the tradesman and the Customer have thoroughly inspected the Goods, blended the pallets to account for color variance, and deemed the material entirely fit for its intended purpose.

9.2 Installer Responsibility and Improper Methodologies The Customer acknowledges that incorrect handling or installation methodologies—including the catastrophic use of rigid tile clips on natural stone, the application of inappropriate acidic adhesives, inadequate substrate curing, or improper chemical sealing—will cause irreversible damage, cracking, or deep chemical staining to the Goods. The Company accepts zero liability for any post-delivery damage, structural failure, or aesthetic degradation resulting from fixer negligence, chemical burns, structural site subsidence, or severe environmental weathering. The Company provides general guidance strictly in good faith; the Customer must secure independent, specialized advice from licensed and fully insured stone fixers.

10. Returns, Restocking Fees, and Order Cancellations

10.1 Stringent Conditions for Approved Returns Returns requested due to a “change of mind” or the miscalculation of required project quantities are generally not accepted. However, the Company may, operating at its absolute and sole discretion, approve the return of standard, locally stocked items, subject to the following stringent conditions:

• The Customer must obtain formal written authorization from the Company prior to initiating any return transport.
• The Goods must be returned within fourteen (14) days of the original delivery date.
• The Goods must be returned in their original, unopened, completely intact timber crates or shrink-wrapped pallets. Loose individual tiles, partially unpacked crates, or environmentally soiled packaging are strictly prohibited from return.
• The logistical coordination and financial burden of return freight are the sole liability of the Customer.

10.2 Restocking Penalties To recover the substantial administrative, forklift labor, and warehousing costs associated with reverse logistics, all approved returns are subject to a heavy restocking fee. This fee is calculated at twenty-five percent (25%) of the original invoiced value of the returned Goods, or a flat minimum fee of $300 AUD, whichever constitutes the greater financial amount.

10.3 Non-Returnable Classifications

The following categories of Goods are strictly classified as final sale, and are non-returnable and non-refundable under any circumstances:

• Custom Orders, specific architectural cuts, or indent international imports.
• Clearance lines, end-of-line stock, second-choice commercial grade material, or sale items.
• Goods that have been physically altered, chemically sealed, or installed.

11. Security Interests and the Personal Property Securities Act (PPSA)

11.1 Creation of a Security Interest In environments involving trade credit, the Customer explicitly acknowledges and formally agrees that these Terms and Conditions constitute a valid Security Agreement that creates a powerful Security Interest in favor of the Company. This interest is secured over all present and future Goods supplied to the Customer, acting as collateral to secure the payment of all current and future monies owed.

11.2 PPSR Registration and Enforcement The Customer unconditionally consents to the Company registering this Security Interest (including a Purchase Money Security Interest, or PMSI) on the Australian Government’s Personal Property Securities Register (PPSR). The Customer agrees to execute any documents and provide all necessary corporate information to perfect and maintain this registration. In the event of a default in payment, commercial insolvency, or administration, the Company is legally empowered to exercise its rights under the Personal Property Securities Act 2009 (Cth) to enter the Customer’s premises or active construction sites to seize, reclaim, and recover the unpaid Goods without liability for trespass. The Customer formally waives their right to receive a verification statement under Section 157 of the PPSA.

12. Limitation of Liability and the Australian Consumer Law

12.1 Exclusion of General Warranties To the absolute maximum extent permitted by applicable legislation, all implied conditions, warranties, representations, and guarantees relating to the Goods—whether arising by statute, common law, or trade custom—are hereby expressly excluded. The Company emphatically does not warrant that the Goods are fit for any highly specific, unusual, or specialized purpose outside of standard landscape or architectural applications.

12.2 Compliance with the Australian Consumer Law (ACL) Nothing in these Terms and Conditions operates to illegally exclude, restrict, or modify any non-excludable right, guarantee, or remedy available to the Customer under the Competition and Consumer Act 2010 (Cth) or applicable state Fair Trading legislation. 

12.3 Absolute Bar on Consequential Loss Under no circumstances whatsoever shall the Company, its directors, employees, or logistical agents be held liable in contract, tort (including deep negligence), equity, or statutory duty for any indirect, special, incidental, or consequential loss. This limitation explicitly encompasses, but is not limited to, the loss of commercial profits, loss of business revenue, site labor downtime costs, or crushing liquidated damages levied against the Customer by third-party developers due to project delays or defective supply.

13. Digital Platform Usage and Intellectual Property Rights

13.1 Website Terms of Use and Disclaimers The utilization of the Company’s digital website is subject to strict conditions. The material provided online is for general informational purposes only. The Company does not guarantee that the digital representation of colors, textures, or specifications accurately reflects the physical Goods, due to electronic display limitations and the natural qualities of the stone. The Company accepts no liability for any reliance placed on digital content, nor does it guarantee that the website is free from malevolent code, viruses, or technical interruptions.

13.2 Ownership of Intellectual Assets All intellectual property rights pertaining to the Company’s website, branding architecture, digital content, high-resolution product photography, marketing collateral, and working design documents remain the exclusive and perpetual property of the Company.

13.3 Prohibition of Unauthorized Exploitation The Customer, explicitly including Trade Customers and competitors, is strictly forbidden from downloading, scraping, framing, copying, reverse-engineering, or disseminating the Company’s photographic or textual assets for use on unauthorized third-party commercial platforms, competitive websites, or social media networks without explicit, prior written authorization from the Company’s directors. Any rights granted constitute a temporary license, not a transfer of title.

14. Sustainability Mandates and Ethical Sourcing Parameters

14.1 Material Sourcing Restrictions The Company strictly limits its global supply chain to quarries that stringently adhere to established environmental restoration and fair labor standards. The Customer acknowledges that the Company categorically refuses to supply river pebbles or environmentally degrading aggregate materials, prioritizing the absolute protection of fragile riparian ecosystems and riverbeds.

14.2 Packaging Disposal Liability The Company actively utilizes biodegradable and reusable timber crating infrastructure wherever commercially viable to reduce landfill impact. The Customer accepts complete responsibility and financial liability for the ethical and legal disposal of all timber pallets, shipping crates, and plastic wrapping immediately upon the delivery of the Goods, adhering strictly to local municipal waste and recycling protocols.

15. Privacy, Data Protection, and Overseas Disclosure

15.1 Data Collection Protocols The Company collects and processes personal and corporate information in strict adherence to the Privacy Act 1988 (Cth) and its comprehensive internal Privacy Policy. Collected data includes operational contact details, site addresses, and deep commercial credit histories utilized for Trade Account vetting.

15.2 Overseas Disclosure for Custom Architectural Projects The Customer explicitly acknowledges that in the execution of Custom Orders requiring international quarrying and specialized manufacturing (e.g., operations located in Turkey, Italy, or Southeast Asia), the Company is required to transmit specific project details, dimensional blueprints, and logistical data to trusted overseas partners. The Company guarantees that reasonable technical safeguards are implemented to protect this data. The Company expressly prohibits the monetization or sale of Customer data to third-party marketing entities.

16. Dispute Resolution and Governing Jurisdiction

16.1 Governing Law These Terms and Conditions, and any overarching commercial contract formed under their parameters, are governed exclusively by the laws of the State wherein the Company’s primary operational headquarters are located within Australia (or as specifically dictated in the invoice, Victoria, Queensland or New South Wales depending on the branch of Sale).

16.2 Submission to Judicial Authority The Customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that respective State, and any appellate courts therefrom, for the resolution of any commercial dispute, debt recovery action, or litigation arising out of the supply of the Goods or the interpretation of these Terms.