Terms & Conditions

Return and Exchange Policy

Warmtech Pty Ltd (Warmtech) commences the order process from time of order confirmation. As the order process commences there is no cooling off period so we as ask customers to please choose carefully. After this confirmation refunds cannot be given after an order has been placed for change of mind or if kit has been unpacked and opened including role of wire unrolled from spool.

With that said any incorrect unopened and complete kit which is the incorrect size or incorrect application can be exchanged within 30 days of delivery. The return shipping costs to Warmtech warehouse at Lisarow NSW 2250 will need to be arranged and paid for by customer. Upon receiving at warehouse, Warmtech staff will check kit is complete and in good saleable condition. If return is accepted an exchange can then organised. Any return and exchange will incur a 25% administration fee.

In the event that the kit ordered becomes damaged in transit, has been sent incorrectly or is faulty Warmtech will arrange the return of replacement of goods. In order to commence this process we would ask for customer to email service@warmtech.com.au a copy of receipt and photo (still in original packaging) of the issue.

Please note any damage must be reported within 48 hours of receiving of goods.
When ordering kits through Warmtech you agree to the timeframes provided by external carriers as well as an authority to leave if you are not available to take delivery of the goods. Refunds are not available for goods left by courier and misplaced/stolen after delivery. The third party carrier aims to have goods delivered to customer on the eastern seaboard within 3-5 business days and on the middle to western side of Australia 5-10 days.

Warranty against defects

Effective 1st October 2016

Warmtech Pty Ltd ABN 62 093 461 020 trading as “Warmtech Underfloor Heating” (“Warmtech”) is giving this warranty against defects. Warmtech has the following information:

Separately from this warranty against defects the consumer may contact the store where they purchased the product to make a claim for a purportedly defective product.

1. Plain language

1.1 Warmtech intends this document to be in plain language, legible and presented clearly. If your document is not this please contact us for a replacement copy of our warranty against defects.

2. Important legal implications

2.1 Our goods come with guarantees that 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.

3. Timing

3.1 Any defect in the products below must appear within the corresponding period or periods of time if the consumer is to be entitled to claim the warranty against defects:

4. Procedure

4.1 The procedure to be followed for the consumer to claim the warranty against defects is to send the written claim by post/email to the retailer and otherwise comply with the requirements in clause 7 of this warranty against defects.

4.2 If the consumer claims under this warranty against defects the consumer is to bear the expense of claiming under this warranty against defects.

4.3 If the consumer claims under this warranty against defects and the consumers incurs costs for postage, freight or other transport of document(s) and/or product(s) those costs are to be at the consumer’s expense.

4.4 If the product must be repaired or replaced the consumer is obliged to return the product or products to the retailer at the consumer’s expense. Please return the product or products before Warmtech will repair or replace the product. If the warranty claim is for heating element a Warmtech representative (or person designated) will attend site for inspection.

4.5 The benefits to the consumer given by the warranty against defects are in addition to other rights and remedies of the consumer under a law which cannot be excluded or contracted out of in relation to the goods or services to which the warranty against defects relates.

5. Limits to the warranty against defects

5.1 The consumer needs to make and rely upon their own enquiries. The consumer is not entitled to a refund or replacement if:

5.1.1 the consumer has changed their mind;

5.1.2 the consumer makes an incorrect choice, however defined;

5.1.3 the claim is for damage which was caused by an incorrect installation of the product;

5.1.4 the claim is for damage due to an accident, including if the product has been dropped by any person or impacted;

5.1.5 the claim is for damage caused by misuse of the product;

5.1.6 the claim is for damage caused by incorrect or improper care and cleaning;

5.1.7 the claim is for damage caused by alterations to the original product as sold by Warmtech;

5.1.8 the claim is for damage caused by inappropriate use of the product as determined by Warmtech in its sole discretion;

5.1.9 the claim is for damage caused by an abuse or neglect of a product directly or through the neglect of the maintenance of the product as determined by Warmtech in its sole discretion;

5.1.10 the claim is for damage caused by behaviour which failed to follow or maintain products according to the manufacturer’s instructions and recommendations;

5.1.11 the claim is for damage caused by normal wear and tear to the product; or

5.1.12 the claim is for perceived damage in a product with minor imperfections;

5.1.13 the claim is for damage to cold tail where the cold tail has been subject to moisture or water. Note that the cold tail is water resistant not water proof and must be kept dry. If this becomes wet this may void warranty.

5.2 To the fullest extent allowed by law, a warranty against defects claim is to only be made by the consumer who purchased the product and to the fullest extent allowed by law, this warranty against defects is not assignable.

6. What Warmtech must do

6.1 Warmtech must do as many of the following as are applicable so that the warranty against defects may be honoured:

6.1.1 Use reasonable endeavours to ascertain whether the consumer has acted according to what the consumer must do in order to be entitled to claim the warranty against defects;

6.1.2 If the consumer has done everything the consumer must do and a replacement is not needed in the circumstances as determined by Warmtech in its sole discretion, instruct the consumer on a course to fixing the problem at the consumer’s expense; and/or

6.1.3 If the consumer has done everything the consumer must do and a replacement is needed in the circumstances as determined by Warmtech in its sole discretion, issue a replacement.

6.1.4 Warmtech or its Distributors reserve the right to charge for any repairs/faults tracing caused by installation damage which is not the fault of Warmtech Heating Systems.

7. What the consumer must do

7.1 If you are the consumer, you must do the following to entitle you to claim the warranty against defects:

7.1.1 Retain record(s) as proof of purchase of the product and produce proof of purchase when making a claim;

7.1.2 Take a photograph or photographs of the purported defect or failure of the product and prepare a written description of the damage;

7.1.3 Pay for the postage and/or transport to claim under the warranty against defects;

7.1.4 Make a written claim under this warranty against defects and send the claim by post to the retailer who sold you the product, including a copy of the record of your proof of purchase of the product, photograph(s) and written description of the purported defect; and

7.1.5 Behave in full accordance with the conditions stated in Table 1 below and prevent the product being treated otherwise than as described in Table 1 by another person.

Table 1

8. Specific costs

8.1 Where a claim is made according to this warranty of defects and Warmtech determines to replace a product, the consumer must if requested to do so by Warmtech:

8.1.1 Pay for the removal costs, transport costs and all antecedent costs for the removal of the purportedly defective product; and

8.1.2 Pay for the transport and installation costs of the new product (if necessary).

9. Discontinued products and other matters

9.1 Warmtech cannot guarantee that products it supplies will be available in the future and Warmtech will not be responsible to obtain parts or perform repairs on goods which are discontinued (where notification has been provided) or items which are outside of the express warranty period provided.

9.2 Warmtech reserves the right to discontinue products, modify designs and change specifications without incurring obligation.

9.3 While Warmtech has made every effort to ensure that descriptions, specifications and other information in this warranty against defects is correct, no warranty is given in respect thereof and Warmtech shall not be liable for any errors therein.

9.4 Consistent with our continuing product development, improvements may have been made to products which renders their description slightly different to those shown in packaging.

General Terms

By agreeing to these Terms and Conditions, you are at least of the minimum legal age.

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy and our Returns Policy, which are incorporated by reference into these Website Terms of Use.

RESTRICTIONS ON USE

Indemnity

You indemnify and hold harmless the Proprietor and its employees and partners from and against any losses, liabilities, costs, expenses or damages (including consequential losses or damages of every kind) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

ORDERS

Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the products that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products to you – however, the Proprietor will endeavour to supply your selected products to you.

We will not commence processing any order made through this site unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
• at any time:
  • refuse to provide products to you;
  • terminate your access to this site; and/or
  • remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when the Proprietor ships the requested items to you, at the time at which the items are dispatched by the Proprietor. Title to, and risk in, the items will pass from the Proprietor to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.

Inaccuracies and Omission of Data

Occasionally inaccuracies or omission may occur within data contained on website. We reserve the right to correct any inaccuracies or omissions which may result in cancelled orders if deemed material change.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

Any reliance on the material on this site is at your own risk.

Prices

The Proprietor reserves the right to change the prices for products displayed in this site at any time before you place an order.

Shipping costs

Shipping costs are included in price of each kit.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment methods

Payment for orders placed through this site may be made by credit card processed online

Credit and debit card payments

Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

YOUR ORDER

At time of order

It is the customers responsibility to check their order at the time of purchase and physically on delivery including size of wire and correct wire type. Warmtech Pty Ltd take no responsibility for the accuracy of the quantity of product, which you have ordered.

Click and Collect

If you have select “Click and Collect” from our Lisarow Warehouse, the Customer acknowledges that such goods will be held in at warehouse for a maximum of 30 days. If not collected in this time alternative transport arrangements will need to be made.

GENERAL

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;
• the singular includes the plural and vice-versa;
• a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Notifications

The Proprietor may provide any notification for the purposes of these Website Terms of Use by email.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor’s prior written consent.

The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Privacy Policy

Part 1 – Our Privacy Policy Aims

Privacy is important to everyone including us. Our Privacy Policy has been prepared to communicate with customers how we collect, use and store your personal information.

Our privacy policy aims to –

1. comply with the Australian Privacy Principles (“APPs”);
2. Allow the customer if required to access their personal information collected and/or modify/withdraw this information
3. Communicate how Warmtech might use this information collected
4. Only collect information required in order to fulfil the transaction between Warmtech and the customer
5. ensure that we manage your personal information openly and transparently;
6. Communicate Warmtech need to disclose the information collected to anyone else (including OS) and under what situations this might occur;
7. Ensuring we keep personal info secure
8. Respond in a timely manner to any requests to discontinue direct marketing communications;

This Privacy Policy applies to the data collected by Warmtech Pty Ltd in the transactions undertaken on website during sale of Warmtech products. By purchasing Warmtech products you as a customer consent to the collection, use and storage of your information in accordance with this Privacy Policy. This can be changed at any time by contacting us.

Part 2 – Information collected

Warmtech collects information from you and your interactions on the Warmtech website. Your name, address. Telephone number, email address and any other information obtained during transactions whilst on the Warmtech website incorporate the personal information Warmtech Pty Ltd collect.

Part 3 – Direct Digital Marketing

Warmtech may use the personal information noted above to communicate with you through email and other means available regarding Warmtech products and sales promotions.

This again is something which can be changed at any time by requesting no marketing materials to be sent.

Part 4 – Other important information

This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Proprietor collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Proprietor may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Warmtech will not rent or sell your information to any third party.

Part 5- Customer accessing to their own information

Absolutely – yes. You may access your personal information or seek correction of such information by contacting Warmtech.

Part 6 – Security

We make all reasonable efforts to ensure that your personal information is kept secure and take reasonable steps to protect it from loss, unauthorised access and disclosure.

Part 7 – Amendments to this Privacy Policy

This Privacy Policy may be amended from time to time at the discretion of Warmtech.

Part 8 – How can a customer make a privacy complaint

If you have a concern about your privacy, you can make a complaint. Once complaint is received Warmtech will address that issue and respond in a timely manner.

To lodge a complaint, please email info@warmtech.com.au