Terms and Conditions of Sale
Our Terms and Conditions, which include our Privacy Policy, set out the terms of the agreement between you and Gate Gear. By using our website, you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our website, including any purchase of goods from us, is subject to the terms thereof.
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions if you have any particular questions. If you do not agree to these Terms and Conditions, you must not use our website in any manner.
Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Customer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports our website.
“Goods” means any of the Goods we offer for sale on our Website.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
Our Products
We strive to ensure that all products listed on our website are accurately represented, relying on information provided by our suppliers. However, there may be instances where inaccuracies occur, and we reserve the right to correct any errors at any time, including after an order has been placed. Some of our products are handmade or crafted from natural or organic materials, which may result in minor variations between the product images and the actual items received. Such variations will be clearly indicated on the respective product listings. We make every effort to accurately display colors; however, slight discrepancies may arise due to differences in screen settings. Please note that these variations will be considered a change of mind, and returns based on this will incur costs to the customer. To the maximum extent permitted by applicable law, we do not guarantee that product descriptions, colors, information, or other content displayed on our website are accurate, complete, reliable, current, or free of errors. We also do not guarantee the standard or quality of any products offered through our website. In rare cases, our suppliers may be unable to deliver products, or may deliver items that do not meet our quality standards. We reserve the right to withdraw any product from our website at any time or to remove or modify any content. Although we will make every effort to process all orders, extraordinary circumstances may arise that prevent us from processing an order after an order confirmation has been issued. We retain the discretion to refuse processing or acceptance of such an order at any time. We shall not be held liable to you or any third party for any withdrawal of products from our website, whether sold or unsold, for the removal or modification of content, or for the refusal to process or accept an order following the issuance of an order confirmation.
Our Website
We strive to keep our website up to date and may modify the content at any time as required. In certain circumstances, we may temporarily suspend access or close the website indefinitely. While we will make reasonable efforts to ensure that our website provides accurate information, we reserve the right to make updates promptly should any inaccuracies or errors come to our attention.
Advertising
We strive to ensure that all product details, pricing, and other information are accurate and up-to-date. However, occasional errors may occur. We cannot accept responsibility for these inaccuracies. If there is any misunderstanding due to typographical errors, we reserve the right to decline an order.
1.Your Order
Thank you for placing your order with us! Once your payment has been processed, you will receive an order confirmation email. Please note that this email simply confirms that we have received your order and does not guarantee the availability of the items you ordered. Your order is considered an offer to purchase, which we officially accept when we dispatch your items and notify you via email that they are on their way. At that point, the contract between you and us is finalised. The sale contract is completed in Victoria, Australia. In the event that providing delivery for your order would incur excessively high freight charges for us, we may reach out to request additional shipping fees or cancel the order before dispatching it. Should we cancel your order under these circumstances, a full refund will be issued to you. If a product happens to be unavailable, we also reserve the right to cancel your order before it is shipped. We will contact you promptly via email to inform you, and you'll have the option to receive store credit or a refund for the unavailable item. Additionally, we retain the right to decline your order if we’re unable to secure payment authorisation, suspect fraudulent activity, or if you do not meet the eligibility requirements outlined in our Terms and Conditions or on our website. We also reserve the right to refuse service to anyone at our discretion, at any time.
2.Our Contract with You
The following terms and conditions apply:
2.1 To the extent relevant, these terms apply to you as a visitor to our website; and
2.2 In any case, these terms are applicable to you as a buyer or potential buyer of our goods.
2.3 Your order will be accepted upon receipt of an email confirmation from us, marking the establishment of our contract.
2.4 We reserve the right to amend these terms periodically. The terms that will govern your order are those displayed on our website on the date you place your order for goods.
2.5 Regrettably, we cannot assure the availability of all goods advertised on our website.
2.6 In the event that we do not have all of the goods you ordered in stock, we will suggest alternatives. In such a situation, you may:
2.6.1 Accept the proposed alternatives; 2.6.2 Cancel all or part of your order;
2.7 Should you purchase goods from us through any arrangement that does not involve payment via our website in the future, these terms will still apply.
2.8 If we are required to refund you due to a cancellation, we will process the credit to your credit or debit card as promptly as possible, and in any case, within 30 days of your order's cancellation.
3.Your Account with Us
3.1 You agree to provide and maintain accurate, up-to-date, and complete information about yourself, as this is essential for delivering goods to you.
3.2 When using the website, you are responsible for keeping your account and password confidential, as well as preventing unauthorised access to your devices.
3.3 You accept responsibility for all activities conducted under your account and password. If you suspect that someone has accessed your account without authorization, you must inform us immediately and log in to your account to change your password.
3.4 We reserve the right to deny you access to our website.
4. Price and Payment
4.1 All prices are subject to alteration without notice. Prices set out or referred to in the Supplier’s price lists apply to all orders received on or after the stated effective date of the current price lists unless otherwise stated in writing by the supplier.
4.2 We endeavour to keep our website and catalogue prices updated and accurate but the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
4.3 Prices Changes. We make every effort to list accurate and current prices at all times However, you should note that prices are subject to change without notice. We reserve the right to change any prices without notice.
4.4 We will bear banking charges by the receiving bank on payments to us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.5 Any information we provide regarding exchange rates is approximate only and may vary from time to time.
4.6 Prices include Australian goods and service tax. If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.
4.7 Payment security. We use industry-standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
5. Delivery
Deliveries are made Australia-wide by Australia Post or any nominated courier by us or by the customer’s nominated courier.
Australia Post eParcel or the couriers will deliver to the address you have specified as your “Shipping Address” on your order. In the case that Australia Post eParcel or the couriers arrive at your office or residence and no one is available to take delivery of your package(s), Australia Post eParcel or the couriers will leave a card with instructions for how to organize a pick up from a post office or a courier depot. In case you give authorise to leave at the premises you will be liable for goods left.
We make every effort to deliver your package(s) within the estimated delivery time window, but we cannot guarantee the delivery time.
Upon delivery, the product title and all risk of loss are your responsibility, please immediately check your delivered product's condition and contents. No claim will be recognized after 7 days of the delivery for missing items or damaged items.
Estimated delivery time for your product(s)
Your order will be dispatched promptly within 24 hours of clearing the order payment, please allow 1-4 business days for most locations within, Victoria, NSW and SA, and up to 10 days for the other remote parts of Australia.
5.1 Deliveries will be made by post/ a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are unable to deliver your order, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we fail to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return the money paid for the goods. We will retain any charge we make for delivery.
5.3 If we ourselves are not able to deliver your goods within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
5.4 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.5 Goods are sent by post. We will send you a message by email to tell you when we have dispatched your order.
6. Cancellation of Order
6.1 You may cancel your order at any time before we dispatch it.
6.2 If you cancel before we have sent the goods, we will refund the price of the goods and any shipping costs, if applicable.
6.3 If you cancel after we have dispatched the goods, please refer to section 8 regarding Change of Mind returns.
6.4 We cannot issue a refund if the goods have been used, worn, or damaged.
6.5 You are responsible for the cost of returning the goods.
6.6 To help us identify your return, please call 03 8000 4199 for a returns reference to include below our address/return label.
6.7 If you fail to return the goods within the 60-day period stated in section 8, only store credit will be offered.
6.8 We will process your refund within 30 days.
7. Foreign Taxes, Duties, and Import Restrictions
7.1 If you are outside Australia, we have no knowledge of, and are not responsible for, the laws in your country.
7.2 You are responsible for ensuring that you can legally import the goods and for paying any import duties or taxes imposed in your country.
8. Returns & Exchanges
8.1 Conditions for All Returns
- All requests for refunds, exchanges, or repairs must be accompanied by a valid proof of purchase document: Tax invoice, Sales Order (quotations will not be accepted), or Delivery slip.
- It is the customer's responsibility to provide valid documentation; our team members are not responsible for supplying proof of purchase.
- Customers must securely pack products to prevent damage during return shipping.
- All returns must include all original accessories, manuals, and packaging materials.
- Refunds will be processed using the same payment method used for the original purchase unless an alternative has been agreed upon between Gate Gear and the customer.
- Gate Gear reserves the right to refuse returns that do not meet these criteria or are received outside the allowed time frames.
8.2 Condition 1: Faulty Products
If you receive a defective or faulty product due to manufacturing issues or other factors attributable to Gate Gear, please notify us of your intention to return the product as soon as possible, providing descriptions, photos, or videos detailing the faults.
Upon receipt of the faulty product, our team will assess the issue. If it is determined that the fault is due to our end and not from customer misuse or damage, we will gladly offer you a return or refund in accordance with relevant laws and regulations concerning product warranties and consumer rights.
8.3 Condition 2: Change of Mind
For returns due to a change of mind, we will assist you under the following conditions:
- You must notify us of your intention to return the product as soon as possible.
- The product must be returned with all accessories and packaging intact and in its original saleable condition, as determined by our assessment.
- Used products cannot be returned, except under Condition 1 (Faulty Products).
- Refunds apply only to the cost of the products and do not cover shipping costs. Shipping costs are non-refundable.
- Return shipping costs and associated risks are the customer's responsibility.
- Time Periods for Change of Mind Returns (from the date of receipt of products):
- Within 7 Days: We will provide a 100% refund or arrange for a replacement, depending on your preference.
- After 7 Days but not more than 60 Days: A restocking fee of 20% will apply to the refunded or exchanged amount.
- After 60 Days but not more than 180 Days: A restocking fee of 20% will apply to the refunded or exchanged amount. Only store credits can be offered.
- After 180 Days: No change of mind returns can be accepted.
9. Disclaimers
9.1 We, or our content suppliers, reserve the right to implement improvements or modifications to our website, the content, or any of the goods at any time and without prior notice.
9.2 Please be informed that the content may contain technical inaccuracies or typographical errors, which are a common occurrence in extensive websites. We would appreciate your assistance in promptly bringing any such inaccuracies to our attention.
9.3 We offer no warranties and make no representations, whether express or implied, concerning: -
9.3.1 The adequacy or suitability of the goods for your specific purpose; -
9.3.2 The accuracy of any content on our website that has been published by individuals other than ourselves; -
9.3.3 Any implied warranty or condition concerning the merchantability or fitness of the goods for purposes other than those for which the goods are typically utilised; -
9.3.4 The compatibility of our website with your equipment, software, or telecommunications connection.
9.4 Our website contains links to external internet websites that are beyond our control. You hereby acknowledge and agree that we shall not be held liable for the content of any such linked websites, nor for any loss or damage that may arise from your use of these websites.
9.5 Under no circumstances shall we be liable for special, indirect, or consequential losses, or for any damages resulting from loss of use, data, revenues, or profits, whether in the context of a contract, negligence, or otherwise, arising from your use of our website or the acquisition of goods.
9.6 In any event, including circumstances in which any term or condition (an “Implied Term”) is enforced by law, our liability shall be limited to the maximum extent permitted by law, specifically to the value of the goods or services you have purchased.
9.7 The provisions of the preceding two subsections do not apply to claims pertaining to personal injury.
10. Content and Intellectual Property Rights
10.1 We will assert and defend our intellectual property rights associated with our goods and our website, including copyright related to content provided by us or any other content provider. This encompasses copyright for all forms of content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.
10.2 We further assert copyright in the designs and compilations of all content present on our website. Ownership rights shall remain exclusively with us and/or the relevant content provider. We are committed to rigorously safeguarding these rights in all jurisdictions.
10.3 Except as specified below, you are prohibited from copying, modifying, publishing, transmitting, transferring, selling, reproducing, creating derivative works from, distributing, performing, displaying, or otherwise exploiting any of the content, in whole or in part.
10.4 You are not authorised to use our name, logos, trademarks, or any other content on your own website or that of any third party.
10.5 Subject to the other provisions of this agreement, you may download or copy content solely for your personal use, provided that you retain all copyright and other notices contained within the content. You are prohibited from electronically storing any significant portion of any content.
11. Your Email Address
11.1 You represent that any username or email address you select, whether used alone or in combination with a second or third-level domain name, does not infringe upon the rights of any third party and has not been chosen for any unlawful purpose.
11.2 You acknowledge and agree that if we believe your chosen username or email address infringes on the rights of any third party or is selected for an unlawful purpose, we may immediately suspend your use of that name or email address. You agree to indemnify us against any claims or demands arising from your selection.
11.3 You acknowledge and agree that we will not be liable to you if we are ordered or required by a court or judicial authority to cease using or allowing the use of a particular domain name as part of a name or email address.
12. Your Material
12.1 If you post any material on our website, you warrant that you own the copyright for it and accept all risks and responsibilities associated with it. You grant us the right to edit, copy, publish, distribute, translate, and otherwise use this material in any medium and for any purpose.
12.2 By posting any material on our website, you grant us a non-exclusive, irrevocable, royalty-free right to use that material in any way, worldwide, in any medium for an indefinite period of time. You also agree to waive your right to be identified as the author and your right to object to any derogatory treatment of your material.
12.3 You agree to perform any additional acts necessary to perfect the rights you grant us, including executing deeds and documents at our request.
12.4 You represent and warrant that:
12.4.1 You own the rights to all material that you post;
12.4.2 Any facts stated in your material are accurate.
13. System Security
13.1 We will strive to maintain our website to ensure that you have continuous access; however, there may be occasions when your access is interrupted.
13.2 You agree not to violate, nor permit anyone else to violate, any aspect of the security of our website.
13.3 You may not use any software tools to extract data from our website.
13.4 You understand that any such violation is illegal in many jurisdictions, and any breach of the law may lead to criminal prosecution.
14. Acceptable Use Policy
As a condition for using our website, you agree to adhere to the following provisions:
14.1 You will not use, or permit others to use, the website to post or publish:
14.1.1 Copyrighted works;
14.1.2 Commercial audio, video, or music files;
14.1.3 Any material that violates the laws of any jurisdiction;
14.1.4 Unlicensed software;
14.1.5 Software that assists in or promotes emulators, phishing, hacking, password cracking, or IP spoofing;
14.1.6 Links to any of the materials specified in this section;
14.1.7 Pornographic material;
14.1.8 Any material that promotes discrimination or animosity toward any person based on gender, race, or colour.
14.2 You will not use the services for spamming. Spamming includes, but is not limited to:
14.2.1 The bulk sending of unsolicited messages or emails that provoke complaints from recipients;
14.2.2 The sending of junk mail;
14.2.3 Using distribution lists that include individuals who have not given explicit permission to be part of the distribution;
14.2.4 Excessive and repeated off-topic posting in newsgroups;
14.2.5 Excessive and repeated cross-posting;
14.2.6 Harassing another internet user via email, including transmitting any threatening, libellous, or obscene materials, or any material that could be deemed offensive;
14.2.7 Sending age-inappropriate communications or content to anyone under the age of 18.
15. Indemnity
You agree to indemnify us against any claims or demands made by third parties due to your use of our website, your posting of any materials, or any infringement by you or anyone else using your computer of any intellectual property or other rights of any person. This includes covering reasonable attorney's fees.
16. Miscellaneous Provisions
16.1 We will communicate with you via email, and you agree that email communications are contractually binding in the same manner as properly signed and dated documents sent by post.
16.2 If we provide goods or services to you at no specific charge, they are considered provided free of charge and are not associated with any other goods or services for which a charge is applied. As such, we have no contractual or other obligations regarding those goods or services.
16.3 Nothing in this agreement or on our website grants any third party any benefits or obligations.
16.4 If any term in this agreement is held by a court to be void, invalid, or unenforceable, it shall be modified only to the extent necessary to comply with the laws of that jurisdiction, while remaining binding in its modified form. Each provision shall be interpreted as severable and shall not affect any other terms of this agreement.
16.5 No waiver of any right, power, or provision in this agreement by us shall operate as a waiver of any other right or of the same right at any future time, nor shall any delay in exercising any right be interpreted as a waiver.
16.6 In the event of any dispute arising from or related to these terms or any contract between you and us, you agree to attempt to resolve the dispute by engaging in good faith mediation with us before pursuing arbitration or litigation.
16.7 We are not liable for any breach of our obligations due to circumstances beyond our reasonable control, including strikes by our own employees.
16.8 This agreement shall be governed by and construed in accordance with the laws of Australia and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is hereby expressly excluded.
**Disclaimer** It is the installer's responsibility to ensure that the purchased item is suitable for its intended use, is used in the manner for which it was designed, and complies with any applicable legislation. We will not be held responsible for any injury, damage, or loss associated with the purchase or use of this equipment, regardless of the cause.
**Damage Items** Despite our best efforts, items can occasionally be damaged during transit. If you notice damage upon delivery, please contact us within two days and provide clear digital photographs showing the damage. Our customer care team will guide you on the next steps. The type of remedy we offer will depend on the circumstances. We may arrange to replace the product (subject to availability), provide you with a partial or full refund, or assist you in arranging for a local tradesperson to repair the item. If we require you to return the product to us, we will cover the cost of return shipping.
**Our Rights** We reserve the right to refuse a refund if we determine that the damage to a product is due to fair wear and tear, misuse, failure to follow the manufacturer's instructions, or a lack of reasonable care.
**Exchanges** Please contact our customer care team with your order number and details of the item you wish to exchange. Requests for exchanges will be based on availability and cannot be guaranteed.
**Manufacturer Warranties** Some products sold on our website may come with a separate manufacturer's warranty, which will be indicated on the relevant product page. In such cases, we request that you contact the manufacturer directly. If the manufacturer is unable to assist you or if you are unsatisfied with the resolution, please reach out to us for further assistance. We will be happy to communicate with the manufacturer on your behalf, but our liability will be limited to a refund of your purchase price.