These terms and conditions apply to the use of this website and the ordering, purchase, fulfillment and delivery of products from guardiandoors.com.au
Please read the following Terms and Conditions carefully before placing your order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
1. General
This website at https://www.guardiandoors.com.au is an ecommerce site where you can browse, select and order products as advertised.
Please read these terms and conditions before using the Site.
Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Disclaimer
- The information contained in this site is provided in good faith on an “as is” basis. https://www.guardiandoors.com.au does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, https://www.guardiandoors.com.au is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site. However, https://www.guardiandoors.com.au will endeavor to correct any inaccuracies on the Site once https://www.guardiandoors.com.au becomes aware of them within 48 hours of notice received.
- Illustrations and photos contained in this Site are representative of the Products advertised, and variations may occur from time to time.
3. Links
- The Site may contain links to external websites that are not operated by us. https://www.guardian.com.au does not make any endorsements, or representation as to the accuracy of information contained within those websites.
- we make no representations or warranties or have any responsibility or liability for external website links.
- Use of such links is solely your responsibility and Guardian Doors revoke any associated liability resulting in damages or losses as a result of using such links.
4. Intellectual Property
- acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to Guardian Doors and TM Guardian Automation
- This Site contains registered trademarks and other trademarks may be protected by law. You must not use any of the marks or trademarks appearing on the Site or the business name Guardian Doors nor the names of any related trademarked companies or manufacturers.
5. You agree to bound by, and comply with, these terms and conditions by:
- using the site
- obtaining or ordering Products from us using the site
6. Changes to these Terms and Conditions
- If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
- Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
- You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
- Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
7. Australia Post
Guardian Doors nominate Australia Post as our chosen delivery partner and as such are not liable for changes to the shipment dates or processing times should they change. Australia Post will provide a tracking number where requested and delivery notices should be obtained through Australia Post Directly.
8. Additional details
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
9. Accurate details
You agree to provide us with current, complete and accurate details when asked to do so by the site.
10. Payment gateway
By using the payment gateway offered, you are confirming you are legally authorised to use the payment methods selected, by completing a payment with a credit or debit card, you are omitting full responsibility and liability of doing so.
11. Acceptance or rejection of an order
- We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
- Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
- If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order via a contact method you have selected
12. Cancelling an order by us
- Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
- the requested Products in that order are not available; or
- there is an error in the price, or the product description posted on the Site in relation to the relevant Product in that order; or
- that order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
13. Cancelling an order by you
- Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation.
- If you do, then you must provide us notice (including reason) before the dispatch of an order. You cannot cancel all or any part of an order after the order has been dispatched by us.
14. Delivery of products
- Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, and Australia post current turnaround times. In some instances, this period may be extended by up to 30 days by us and we will endeavor to provide you with reasonable notice of that extension.
15. Prices, Fees and Charges
The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, https://www.guardiandoors.com.au reserves the right to change prices at any time before we accept an order from you.
- All prices shown on this Site are in Australian Dollars (AUD)and include GST
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- The purchase price of each Product that is ordered;
the delivery fee for delivering the Products to you; and - any other fees and charges set out in these terms and conditions.
- Deposits received are nonrefundable
- Unless otherwise advised, a 50% Deposit Payment is payable upon acceptance of the order, and acceptance must be in writing. The balance is payable prior to installation (non-account holders). GUARDIAN reserves the right to initiate debt collection services at their discretion if full payment is not made
according to the terms herein.
16. Fees and charges
All fees and charges identified in these terms and conditions and all prices for the products as shown on the site are inclusive of GST (unless otherwise indicated).
- Price: The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product.
- You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the site at our store or vice versa.
- Unless otherwise advised, a 50% Deposit Payment is payable upon acceptance of the order, and acceptance must be in writing. The balance is payable prior to installation (non-account holders).
- GUARDIAN reserve the right to initiate debt collection services at their discretion if full payment is not made according to the terms herein.
17. Delivery Fees
- Delivery fee are payable in addition to the purchase price of each Product. Several different delivery methods may be used depending on the type of order.
- https://www.guardiandoors.com.au currently ships orders to Australian addresses only.
- You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
- special, non-stock and/or bespoke items;
- heavy, bulky and/or awkward items;
- express or urgent deliveries; or
- bulk or large quantity orders.
18. You covenant and warrant that:
- All information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- The person receiving the Products at the Delivery Address is authorized by you to do so;
- You have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us;
- You will check the labels on the Products before use and only use in line with manufacturers direction
- Products purchase for DIY installation will not be covered by warranty if found to have been installed poorly or incorrectly
- DIY installed products will only carry a 1-year warranty regardless of any warranty advertised. Warranties advertised are applicable when installed by a Guardian Doors service technician only and are subject to annual maintenance by Guardian Doors only.
- The purchaser is solely responsible for the safety of installing the product correctly and should always consult a professional when in doubt. Torsion springs highly recommended to be installed by a professional garage door technician, and for any warranty to become valid, torsion springs sold on this site must be installed by a Guardian Doors technician.
- Make fraudulent or speculative inquiries, purchases or requests through the Site;
- Use another person’s details without their permission or impersonate another person when using the Site;
- Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- Tamper with or hinder the operation of the Site;
- Knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- Reformat or frame any portion of the web pages that are part of the Site;
- Use the site to violate the security of any computer or other network or engage in illegal conduct;
- Take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- Use the Site other than in accordance with these terms and conditions; or
- Attempt any of the above acts or engage or permit another person to do any of the above acts.
19. Warranty and Liability
- https://www.guardiandoors.com.au accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:
- in the case of services, resupply of the services or pay you the cost of resupply; and
- in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.
- Where we are permitted by law (and subject to clause 16.1):
- we do not warrant or represent the suitability of the Site or a Product for any purpose; and
- we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
20. Returns
- Unless you notify https://www.guardiandoors.com.au to the contrary by email, telephone, or facsimile transmission within fourteen (7) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by https://www.guardiandoors.com.au, the Products shall be deemed to have been accepted by you.
- https://www.guardiandoors.com.au will accept product returns and provide you with a replacement for the Product (subject to availability and at the discretion of Guardian Doors) credit voucher, refund or alternate product where:
- we will provide a refund or credit/alternate product if the Product delivered is faulty or is not of merchantable quality, or
- we will not provide a refund whereby the selected product is not suitable, as when selecting your product you are assuming all responsibility that the product selected is correct.
- we will provide a refund or credit/alternate product if the Product delivered does not match the description on the Site.
- If the product delivered is faulty, not of merchantable quality, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact by Phone, at: 08 9408 1602 or contact us by Email: info@guardiandoors.com.au and one of our Customer Service Team Members will assist with your request in a timely matter. To enable us to evaluate your return request, please provide us with:
- the order number, invoice number or receipt number;
- a detailed description of the problem or the reason for your request to the return the Product;
- photograph(s) of product that is damaged during transportation (if it’s required, we will advise you which email address to send it to);
- your name and contact details.
We will evaluate your return request and issue you with a Returns Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification, we may contact you to clarify in order to provide more efficient service.
21. Privacy Policy and Your Personal Information
- Refer to the Privacy Policy, which form part of these terms and conditions.
22. Definitions
- Terms used are defined in these terms and conditions. In these terms:
- “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
- 17.2 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
- “Product’ means each good or service that is advertised on the Site.
Our contact details are:
- OS Enterprises Family Trust
- PJSC Nominees Pty Ltd, T/A Guardian Doors
- ABN: 62352807014; ACN: 606578456
- Address: 2/25 Dellamarta Road, Wangara, WA 6065
Please get in touch with us if you have any queries arising or relatable to these terms and conditions via email to: info@guardiandoors.com.au
23. General Terms & Conditions for Guardian Doors Services
Installation/Servicing/Repair Work
- Title of the product shall pass to the buyer upon full payment for the product.
- Prices quoted are valid for 30 days (non-account holders).
- Unless otherwise advised, a 50% Deposit Payment is payable upon acceptance of the order, and acceptance must be in writing. The balance is payable prior to installation (non-account holders). GUARDIAN reserve the right to initiate debt collection services at their discretion if full payment is not made according to the terms herein.
- The buyer must ensure that the area required by Guardian Garage Doors for installation work is clear of obstructions and is in a safe and secure condition to undertake the works.
- Power supply for auto operator is the responsibility of Owner/Builder (not Guardian Garage Doors) and is not included in the quotation Unless Otherwise Noted.
- Any Council approvals required are the responsibility of the Owner.
- Additional work not outlined in the quote will be considered an extra and will incur additional costs.
- Guardian Garage Doors will NOT accept liability for pre-existing damage to walls, floors or any other area or surface surrounding the installation of the product.
- Guardian Garage Doors is not liable for any loss or damage caused by (a) the operation of the product by any device, electronic or otherwise, which was not supplied or installed by Guardian Garage Doors, (b) any rendered, masonry or other surfaces cracking or collapsing during or after the installation of the product, and (c) any weakening or collapse of the structure to which the product is affixed, occurring at any time during or after installation.
- During manufacture and/or installation, some scratching or buffing may occur to the colour of the door. GUARDIAN Garage Doors reserves the right to rectify this with touch up paint as per the steel manufacturer’s specifications.
- Defects or colour variation that cannot be seen from no lesser than approximately 2 metres will not be classed as warranty (within reason).
- Term Oil Canning is an effect in the panel surface on steel sectional doors. This will be more evident in “smooth finish”. It is unavoidable and therefore not covered under warranty
- Any dates and times indicated by Guardian Garage Doors for delivery or installation are estimates only. If Guardian Garage Doors is unable to deliver or install by the indicated date, Guardian Garage Doors is not liable for any loss or damage arising from the delay.
- The warranty period for installation faults is 12 months. Refer to the manufacturer’s warranty for product warranties.
- All Doors are subject to maintenance requirements to maintain any warranties offered by Guardian Doors or their selected manufacturer. Please consult your owner’s manual. Adjustments, globes, noise, etc., and electrical faults caused by supply are NOT under warranty. Ensure that your door and motor are cleaned regularly and serviced at least once per annum by Guardian Garage Doors
- Others working on Guardian Garage Doors installed products will void any warranty in place
- Guardian Doors terms of payment are stated on your account statement or invoice, unless otherwise stated in writing. General Terms and Conditions
- The product is supplied on a firm sale basis, Guardian Doors shall neither supply the product on an ‘on approval’ basis, nor shall it accept the returns of products for reasons other than imperfection or damage to the product from a cause or causes beyond the buyer’s control.
- Deposits are required when manufacturing makes up part of the quotation and works will not commence without receipt of the deposit amount
- Upon completion, Guardian Doors will issue a works completed notice, by signing you agree that you are happy the works have been completed and agreeing to any associated terms and conditions. 21. Warranty will be lodged upon receipt of full payment
Warranty:
- a) Guardian Doors warrants each product for the period stated in the manufacturer’s warrantee. No additional warrantee will be applied.
- b) The warrantee shall lapse and be of no effect whatsoever if it defects or malfunctions as a direct result of improper assembly by persons not permitted, abuse or lack of maintenance, use of the product for which the product was not designed.
- c) Guardian Doors liability in respect of any breach of any terms and conditions contained herein shall be discretionary as to replace, repair or provide a like for like product.
- d) Any warranty applicable shall become null and void if the product is worked on by others. d. No warranty
- All products supplied and works carried out by the Guardian Doors, shall remain the property of Guardian Doors until payment in full has been received, inclusive of any applicable warranty. Guardian doors reserves the right to remove products supplied/installed should the Buyers account not be paid within the seven-day terms and conditions of service. This is Guardian Doors sole discretion and is applicable unless arrangements have been formally consented to in writing.
- If EWP is required, this will be offered by Guardian Doors with applicable surcharges. Guardian Doors does not accept any liability resulting of injury, damage or serious harm caused by the EWP. 25. Guardian Doors reserves the right to decline usage of others EWP on a basis where maintenance and service checks have not been recorded and evidenced as per OHS requirements
- If payment has not been made within the stated time frame, Guardian Doors reserves the right to charge a late payment fee to the Buyers account for administration. This amount shall amount to no more than Fifteen dollars, per re-minder. No more than one reminder per week will be sent to the Buyer.
- Should invoices not be paid within the stated time frame, Guardian Doors reserves the right to pass the unpaid defaulted account to a debt collection agency of their chosen nomination. Any charges incurred by using a debt collection agency will be passed on directly to the customer without limitation.
- Guardian Doors office operates from 8.00am to 4.30pm, Monday to Friday and all services provided outside of these hours shall constitute ‘out of hours’ work and shall be charged applicably.
- No waiver of any of these terms and conditions by Guardian Doors or indulgence granted by the Buyer shall prejudice any rights Guardian doors may have had but for any such waiver or grant of time or indulgence.
- Guardian Doors reserves the right to make changes to price, content, and specification without prior notice.
- All complaints are to be submitted in writing and shall be addressed within seven days. Guardian Doors will endeavour to resolve any issues, should they be on the part of Guardian Doors or its staff. Should a resolve not be reached Guardian Doors reserves the right to seek legal advice and progress for a resolve.
- This agreement is to be construed in accordance with and governed by the laws of the state of Western Australia.
- Guardian Doors aims for 100% satisfaction for all Buyers or products and services, should the seller not be in agreeance, Guardian Doors must be informed in writing for a resolve.
- Pricing given is exclusive of any required inductions or down time that has not been communicated prior to the work commencing
- If e-attendance is required due to the client, a futile trip fee will apply, and any associated hire equipment will be charged.
- Scheduled & agreed attendance to site and works signed/acceptance of quote or estimate is deemed as accepting these terms and conditions. Guardian Doors communication through our nominated CRM may be used to evidence this should verification be deemed necessary.