TERMS & CONDITIONS: ONLINE SALE
These Terms and Conditions (Terms) are between Celmec International Pty Ltd (ABN 66 514 732 689) (referred to as “Celmec”, “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are available at www.heatray.com.au (Website).
Here at Celmec, we pride ourselves on manufacturing Australian Heatray heating products, of commercial quality standard. As a valued customer of Celmec, we would like you to be familiar with our trading terms, to ensure that your Celmec experience is a satisfying one. Please feel free to speak with our sales team if you have any further questions.
1. User Agreement
(a) By accessing and/or using the Website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(b) These Terms may be amended at any time without notice and your access to this Website may be terminated at any time without notice. Your continued use of the Website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the Website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
2. Guests and Registered Users
(a) You may access and/or use the website as a guest or as a member.
(a) You must be eighteen (18) years of age or over to register as a member of the Website or purchase products from the Website.
(b) Any Order and/or purchase made by you using this Website is an acknowledgement by you that you:
i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with us in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and us for the supply of products.
(c) We reserve the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage we may suffer as a result of a transaction entered into by a minor.
4. Products and Orders
(a) You may order from us as set out on the Website. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
(b) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(c) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled Order.
(d) Your online Order must be paid in full before we can begin arrangements for the manufacture or supply of the products to you.
(e) It is your responsibility to check the order details, including product and pricing, before you complete your order on the Website.
(f) We will provide you with an order confirmation, which will include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Website and your payment has been validated.
(g) A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Terms will be effective unless we both agree to the changes in writing.
(h) In the unlikely event that we are unable to fulfil all or part of your order, we will contact you and provide you with options to amend, cancel or place your order on backorder where possible.
5. Order Enquiries
If you have any query about the progress of your Order please contact out Team. Please have your Order number handy as shown on the email confirmation.
6. Price and Payments
(a) Prices shown on the Website are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. Prices are subject to change.
(b) You agree to pay the purchase price specified on the Website or confirmed by us at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you.
(c) Online orders require full payment prior to delivery.
(d) All payments must be made, and funds cleared prior to despatch or collection of the goods. If the funds have not cleared prior to the scheduled delivery date, we will postpone delivery until the funds have cleared. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.
(e) Payments must be made via the Shopify secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
(f) Non-online orders require a 50% deposit to be paid at the time the order is placed. The remainder of the purchase price plus any applicable delivery and insurance charges must be paid prior to despatch or collection.
(g) We reserve the right to correct any errors published on our Website without notice. The price of the product you purchase will be the price published at the time you place an order.
7. Availability and Cancellation
(a) All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep the Website up to date with availability of products.
(b) If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, credit, put your order on backorder or change your order. If you choose a refund or credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder or change your order, we will contact you to arrange for delivery once the product is available.
8. Delivery
(a) Location: Subject to the coverage and availability of our deliver partners, we deliver Australia-wide.
(b) Cost: A delivery fee will apply, as set out on the Website. For delivery to remote areas, we may be required to obtain a quote separately, and in this instance we will contact you directly.
(c) Delivery services: We offer standard delivery, which is quoted based on a single delivery per order, to a ground floor location, with unrestricted site access, during business hours, Australia wide. If these conditions are not met, further charges may apply. You must advise us of any access limitations at the time of placing an order.
(d) Timing: We will normally dispatch the product within 3 business days from the receipt of your order, unless otherwise noted on the Website. Any delivery periods displayed on the Website are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order.
(e) Delivery dates: Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the Products within the specified time resulting from shipment or delivery delays. Deliveries will occur between 9am-5pm on Monday-Friday (excluding public holidays). Exact delivery times cannot be provided.
(f) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
(g) Method: We may deliver the products via a range of delivery methods and costs will be calculated based on weight and distance at the checkout. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, alternative arrangements will need to be made directly with the carrier, guided by the tracking information supplied. Please note additional re-delivery costs may apply.
All orders will be delivered to a ground floor location, with unrestricted site access or to a building’s loading dock if available. If these conditions are not met, further charges may apply. You must advise us of any access limitations at the time of placing an order.
(h) Collection: Orders may be collected during business hours from our warehouse in Moorabbin via our despatch office. If you select to collect your goods, a representative will contact you by telephone or email to notify you when the Order is available for collection.
(i) Accessibility: You are responsible for ensuring that there is adequate access and entry to your premises to facilitate the delivery of Goods. You will be liable for all additional costs where our delivery providers are inhibited or unable to deliver your Goods, where your delivery instructions are incorrect, or where your delivery address or premises is inaccessible (including the inability to fit the Goods in a lift or where stair access is too tight), and where alternative arrangements for delivery have not been pre-agreed.
(j) Oversize orders: Oversize orders are delivered via a specialised carrier. In most cases the carrier will call you prior to delivery to arrange a convenient time during business hours.
(k) Additional delivery services: If you require extra services such as a delivery appointment, please contact us at info@heatray.com.au. Special delivery arrangements may incur an extra fee.
(l) Delivery partners: We use third party delivery companies to deliver your order. By placing an order for Products, you agree that your contact details and delivery address will be provided to our delivery partner.
(m) Title: Title in the products will not pass to you until the product has been delivered to you and we have received full payment for the product. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
(n) Installation: We do not provide installation services in relation to the Products.
9. Discount Codes and Promotions
We may from time to time offer promotional discount codes, which may be applicable to goods on the Website, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
10. Inspection and Acceptance
This clause 10 applies where we are providing delivery of Goods; it does not apply where you have arranged for your own delivery of Goods. This clause only applies to damage to Goods during transit.
(a) You agree to immediately inspect the Goods once you receive them.
(b) In the event Goods are damaged during delivery, you must notify us by email at info@heatray.com.au notifying us of any issues with the Goods within 24 hours of receiving the Goods.
(c) If notifying us of any damage, you will be required to provide an original receipt of purchase and send photographic proof displaying the damage. Any such photographs must be taken prior to assembling the Goods (if applicable). We will conduct an assessment to determine if the Goods have been damaged in transit. Where we determine (at our absolute discretion) that the Goods were damaged in transit organised by us, we will arrange for return delivery of the Goods.
(d) We offer replacement (subject to stock availability), repairs or refunds, where we determine (at our absolute discretion):
i. you have submitted Proof of Delivery outlining any damage to the Goods immediately upon receiving the Goods;
ii. the Goods have not been used, tampered with, altered, connected, installed, or attempted to be connected or installed; and
iii. subject to clauses 1010(d)i and 1010(d)ii the Goods are in their original condition.
(e) To avoid doubt, the remedies available in clause 10(d) are not available to you where you have not notified us in accordance with clauses 10(b)and 10(c);
(f) Nothing in this clause attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law.
11. Heaters
(a) Where heaters are supplied, we take no responsibility for the suitability of the product in the country of destination outside Australia.
(b) We do not provide the installation of any products, nor the installation or replacement of faulty products.
(c) We do not take responsibility for system design, application or circuitry compatibility with proposed systems. It is your responsibility to seek professional advice from a qualified electrician regarding product suitability and system design.
12. Material Variation
(a) You acknowledge and agree that:
i. products made from materials, such as steel, aluminium or glass will have varying colours, textures and natural imperfections;
ii. all drawings, dimensions, descriptions and specifications are intended as a guide only;
iii. digital and printed sources are representative only and colour and finishes may vary to the actual Goods received;
iv. colour and finishes changes and variations may occur over time, due to heat, UV and other environmental exposure and wear and tear;
v. slight variations, including those addressed in this clause 12 are to be expected and will not be accepted as faults or defects, nor will they be grounds for repair, replacement or refund in line with the clause 14 (Warranty).
13. Australian Consumer Law
(a) This clause applies where you are a “consumer” under the Australian Consumer Law (ACL). You may not be a consumer under the ACL where you purchase Goods for resale.
(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.
(c) Where you return products to us to seek an ACL remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to our Moorabbin warehouse.
(d) Where your claim is a valid claim under the ACL, we will refund your return delivery costs and, depending on the failure, either despatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
14. Warranty
(a) In Australia, our Goods come with guarantees which 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.
(b) In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the Goods we supply to you will be free from Defects for the timeframe set out in clause 14(d) (Warranty) starting from the date we dispatch the Goods to you. Our Warranty applies to any fault, error or defects in the Goods described in clause 14(d) (Defect).
(c) Our Warranty is only offered to the original purchaser of Goods.
(d) Our Warranty is limited to twelve (12) months after the date of despatch.
(e) If you believe the Goods are the subject of a Defect, you must stop using the Goods. You must email Celmec at the address below, along with a photo and description of the Defect, proof of purchase, invoice number, product serial number and the location of the Goods. We may request additional evidence of the Defect. We may arrange for the relevant Goods to be collected, usually within 5 business days of your claim. Alternatively, we may instruct you to transport the Goods to us. You must adequately package any Goods in original packaging, along with any installation manuals, to ensure they are not damaged during return delivery to our warehouse. When we collect or receive the Goods, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.
(f) If your claim is successful under our Warranty, we will, at our own cost, repair or replace the Goods (the decision of whether to repair or replace is at our sole discretion); or if we are unable to repair or replace the Goods, we will offer you a choice of a replacement or refund. Standard lead times apply. Where you paid for transportation costs to seek a claim under our Warranty, and your claim is successful, we will reimburse those costs. Where we provide a refund for a successful claim, it will be to the same payment method originally used to purchase the Goods, and where you originally paid in cash, we will seek your payment details to make the refund electronically. Where your successful Warranty claim relates to products, Celmec does not cover the cost of site labour associated with installation or replacement of faulty products.
(g) The following damage is not covered by our Warranty:
i. discounted or clearance Goods;
ii. defects arising from accidental damage, misuse, unauthorized alterations, abnormal stress or strain;
iii. normal wear and tear, discolouration, aesthetic blemishes;
iv. material variations described in clause 13;
v. pre-existing issues or marks noted on your quotation or invoice in regard to ex-display Goods;
vi. misuse or incorrect use of the Goods;
vii. if the serial number has been altered, defaced or removed;
viii. if determined faulty due to incorrect installation, the cost of any replacement and parts will be invoiced to you;
ix. installation by an unqualified personnel;
x. lack of or improper use of cleaning solutions or methods on the Goods;
xi. Goods exposed to the elements or inappropriate physical or environmental conditions;
xii. Goods that are inappropriately positioned;
xiii. custom-made Goods;
xiv. incorrect storage or handling of the Goods; and
xv. failure to follow any care instructions.
15. Returns
(a) We generally do not offer change of mind returns or exchanges. However, we may offer an exchange (subject to stock availability) or a credit note for change of mind in its sole discretion, where we determine:
i. you have provided proof that you purchased the Goods within 14 days prior to the request for exchange or a credit note;
ii. the Goods are in their original condition and have not been opened, used, connected, installed or attempted to be connected or installed;
iii. the Goods are in their original undamaged packaging; and
iv. the Goods are not custom-made.
(b) Where we approve an exchange or credit note in accordance with clause 15(a).
i. a restocking fee calculated as 25% of the price of the Goods will be invoiced to you and must be paid prior to the exchange or credit note is fulfilled by us; and
ii. We will not cover the costs of return delivery or re-delivery. You must cover these costs yourself.
16. Intellectual Property
(a) Intellectual Property includes but is not limited to:
i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
iii. all work product developed in whole or in part by us.
(b) Celmec owns all Intellectual Property rights in the Website, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
17. Limitation of Liability and Disclaimers
(a) While the information and material contained on the Website is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website.
(b) Product images are for illustrative purposes only and may vary from the product depicted or described. Reproduction of colours is as accurate as possible, however colour, shade or grain on actual products made and shipped may vary from the images on our Website due to the nature of the materials used in the products.
(c) To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, the Website and these Terms, except those set out in these Terms, including but not limited to:
i. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
ii. the Website or the products being unavailable; and
iii. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, inability to access or use the Website, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
(d) Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.
(e) This clause will survive termination of these Terms.
18. Amendment
These Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change these Terms.
19. Indemnity
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.
20. General
(a) Privacy: All personal information shared with us in connection with these Terms is dealt with in accordance with our Privacy Policy.
(b) Accuracy and disclaimer: While we endeavour to keep the information on the Website up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the maximum extent permissible by law.
(c) Confidentiality: Both Parties must (and must ensure that their personnel) keep confidential, and not use or permit any unauthorised use of, the other Party’s Confidential Information. Confidential Information includes information which: (i) is disclosed to the recipient in connection with these Terms at any time; (ii) is prepared or produced under or in connection with these Terms at any time; (iii) relates to the discloser’s business, assets or affairs; or (iv) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the recipient receives that information.
(d) Disputes: Neither Party may commence proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other Party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(e) Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Website at our sole discretion, without incurring any liability to you.
(f) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
(g) Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(h) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
(i) Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
(j) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(k) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
(l) Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(m) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria, Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
(n) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notice, please contact us at:
Celmec International Pty Ltd ABN 66 514 732 689
19 Simpson Street, Moorabbin, Victoria 3189
celmec@celmec.com.au