TERMS & CONDITIONS.

In these terms, we also refer to “sydney steel gallery” abn 74 666 799 944
as “we”, “us”, or “our”.

These terms apply when you purchase our doors, windows and other products (Products) through:
• this website, being www.sydneysteelgallery.com.au or any other websites we operate with the same domain name and a different extension (Website); or
• any agreement, quotation, order or order form under which sydney steel gallery provides Products to you (Order Form).
If you’re looking for our Website Terms of Use or our Privacy Policy, which you also agree to be bound by, you can find it here website terms of use and privacy policy.
Please let us know if you have any questions about these terms, and don’t purchase any Products unless you have read and agree to these terms.

 
By checking the tick box accepting these Terms, placing an Order (defined in clause 1(a)), or accepting or paying for our Products or associated services, you are deemed to have accepted these terms, which are incorporated in any Order Form together with any additional terms included in an Order Form, provided such additional terms are recorded in writing.
Please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you purchase our Products. You can check the date at the top of this page to see when we last updated these terms.

1 SUBMITTING AN ORDER
(a) By submitting an order to purchase a Product through the Website or an Order Form (Order), you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us;
(ii) you are authorised to use any bank account, or debit or credit card you provide with your Order;
(iii) any information provided by you in connection with an Order is accurate and complete; and
(iv) the Specifications (as defined in clause 3.1(b) of these Terms) and Shop Drawings (as defined in clause 3.3of these Terms) have been signed off by a licensed builder as suitable for its intended purpose and for your building and/or construction activities at the site where the Products are being installed (Project)
(b) If you submit an Order on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), you warrant that you have the necessary authority from that company or organisation to do so, and “you” means the Represented Entity and you are binding the Represented Entity to this agreement.
(c) Submitting an Order constitutes your intention and offer to enter into these terms and our Website Terms and Conditions, which can be found here: [insert link] (and which you agreed to by using this Website).
(d) These terms are not agreed between you and us until we approve your payment and you receive an email from us confirming that your Order is being processed.

2 YOUR OBLIGATIONS
2.1 PROVIDE INFORMATION AND LIAISON
(a) You must provide us with all documentation, information and assistance reasonably required by us to fulfil an Order.
(b) You must liaise with us as reasonably requested for the purpose of enabling us to fulfil an Order.
2.2 COMPLIANCE WITH LAWS
You warrant that you will not, by submitting or receiving an Order:
(a) breach any applicable laws, rules, regulations, standards, codes and ordinances (including any applicable construction, building and privacy laws, codes and standards) (Laws);
(b) do anything which may cause us to breach any Law;
(c) breach the direction of any government department or authority; or
(d) infringe the Intellectual Property Rights (defined in clause 12(a)) or other rights of any third party or breach any duty of confidentiality.

3 shop
3.1 SPECIFICATIONS
(a) You acknowledge that we have no information about the Project that the Product is being procured for, including whether the Product will be installed in a location that is directly exposed to external elements. We will supply the Products in accordance with the Specifications, but it is your obligation to ensure that the Product’s Specifications are suitable for your Project, the Product is properly installed, and the Product’s Specifications are compliant with, and installation is carried out in accordance with all applicable Laws.
(b) By submitting an Order for a Custom Product, you warrant that a licensed builder has approved your Specifications as suitable for your Project and compliant with all Laws applicable for the Product’s use in your Project.
(c) We may request evidence of such approval from you at any time, including before or after you submit your Order, and you must promptly provide such evidence on receiving our request.
(d) If we are not satisfied with your evidence, acting reasonably, we may cancel your Order and you will not be entitled to a refund of any amount paid, to the maximum extent permitted by applicable law.
3.3 SHOP DRAWINGS
After you have paid the Deposit, we will supply you with shop drawings based on the Specifications Supplied by you. Shop drawings are technical drawings that show how the Product supplied will be fabricated and operate (Shop Drawings).
3.4 VARIANCE
We will use reasonable commercial efforts to ensure that the Custom Products meet the Specifications, however you acknowledge and agree that:
(a) There may be a minor variance in the dimensions for Custom Products due to manufacturing factors beyond our control;
(b) a variance of +/- 3mm is an acceptable variance for Custom Products; and
(c) if the dimensions of the Custom Product Custom Order are within this tolerance, we will not replace the Product and you will not be entitled to reject the Order containing the Custom Product.
3.5 TITLE AND RISK
Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

4 PAYMENT
4.1 PRICES
All prices are:
(a) per unit (except where indicated);
(b) in Australian Dollars; and
(c) exclusive of delivery from our Australian warehouse and installation costs.
4.2 ESTIMATED DELIVERY FEE
Estimated delivery fees communicated to you through the Website, an Order Form, or otherwise, are an estimate only and subject to change. We will confirm the final delivery fee and the outstanding balance on the Order when the Order is ready to be dispatched.
4.3 ESTIMATED LEAD TIMES
We will use reasonable endeavours to ensure Products are supplied to you within the estimated lead times. Estimated lead times commence once we have received payment of the Deposit (defined below) and you and your licensed builder have approved the Shop Drawings.
4.4 PAYMENT OBLIGATIONS
(a) Unless otherwise agreed, you are required to pay a deposit of 50% (Deposit) on the total amount payable towards your Order, including GST but excluding delivery fees, at the time that you place your Order.
(b) The Deposit is non-refundable (subject to clause 7.2) and cannot be exchanged for credit.
(c) Once your Order is prepared and ready for shipping from our Australian warehouse, we will confirm the final delivery fee applicable to, and the outstanding balance on, your Order and issue an invoice to you.
(d) You must pay the outstanding balance on the Order by the time specified in such invoice. In all other circumstances, you must pay for all Products prior to us dispatching the Products for delivery.
4.5 GST
Unless otherwise indicated, amounts stated on the Website or an Order Form (as the case may be) do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
4.6 CARD SURCHARGES
We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
4.7 ONLINE PAYMENT PARTNER
We may use third-party payment providers, including but not limited to PayPal and Zip (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

5 DELIVERY AND SHIPPING
5.1 DELIVERY DETAILS
We may charge you for delivery at any time (notwithstanding that we may not have previously done so). Where prices are stated as inclusive of delivery:
(a) delivery is to the delivery point specifically accepted by us; and
(b) we will deliver the Products to you in accordance with the shipping information displayed on our Website or Order Form (as the case may be) at the time you place your Order.
5.2 NOTICE OF DELIVERY
We will communicate an estimated date for delivery for your Order within a reasonable time of receiving such notice from our third party courier. Our courier will then communicate an estimated delivery time to you on the date of delivery.
5.3 ACCEPTANCE OF DELIVERY
You must ensure you are available to receive delivery of the Products on the delivery date. We may require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery or otherwise pick up the Product. You are responsible for ensuring you provide us with the delivery address.
5.4 DELIVERY ISSUES
Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

6 CHANGES TO YOUR ORDER
6.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the amount paid will be credited back to your original method of payment.
6.2 CANCELLATION BY YOU
Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refund process in clause 7 may apply.
6.3 CHANGES
(a) We generally cannot accept changes to the Products (Changes).
(b) If your Order has not yet moved into the processing stage and we elect, in our absolute discretion, to accept a request for Changes, we may:
(i) charge you a ‘change in scope’ fee, being an amount determined by us for the Changes (Change Fee); and/or
(ii) at our option, adjust an existing Order or issue a new Order setting out the Changes and any variation to the Fees.
(c) We do not guarantee that any change will be made. You acknowledge and agree that you are responsible for ensuring the accuracy of your Order any Specifications your provide.
(d) For the avoidance of doubt, these terms and conditions will apply to the Changes and any adjusted or new Order.

7 REFUNDS
7.1 CHANGE OF MIND
Given the bespoke nature of the Products, we do not offer change of mind refunds or returns.
7.2 DEFECTIVE PRODUCTS
We may offer you a refund where we determine that your Product is defective. The following process applies to any Product you believe to be defective:
(a) If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images and videos). We reserve the right to attend, or appoint a third party to attend, the site where the Product is located and conduct an in-person inspection of the Product before deeming a Product defective/ You agree to make such site and Product available for such inspection at any reasonable times on reasonable notice.
(b) If we determine that the Product is defective or is defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, failure to take reasonable care or failure occurring due to poor or improper installation or glazing including due to engaging an unlicensed or builder or glazier to install the Product, we will refuse your request for a refund and charge you our costs and expenses relating to such inspection.
(c) If we determine that the Product is defective, then depending on the nature of the defect, we will either repair the Product, replace the Product or credit you the full amount paid, including delivery fees (if applicable) and you may request a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(d) If you fail to comply with the provisions of this clause 7.2 in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
(e) Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
7.3 OTHER RETURNS
(a) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us; or
(ii) a Product provided to you was not substantially the same as the Product you ordered as described in our Website, subject to reasonable variation in accordance with clause 3.1(e) and 3.3.
(b) If you comply with the provisions of clause 7, the full amount of the fees paid for the Product, including delivery fees (if applicable) will be credited back to your original method of payment unless you request otherwise and we approve this request.

8 WEBSITE ORDERS
8.1 APPLICATION
This clause 8 only applies if you submit an order to purchase a Product through the Website.
8.2 ACCOUNT
(a) You are required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(d) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
8.3 VOUCHERS AND DISCOUNT CODES
(a) We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

9 LIMITED WARRANTY
(a) Nothing in this clause 8 is intended to limit or otherwise affect clause 14.
(b) We warrant that the Products have been manufactured in a proper and workmanlike manner, and materially in accordance with the Specifications and Shop Drawings, subject to reasonable variations in accordance with clause 3.4. We undertake at our discretion to repair or replace any defects in the Products proven to be due to defective materials for a period of 2 years from date of order effective for all orders placed from 20.03.2023.
(c) with the proper maintenance your steel door product should last a lifetime. Nothing is maintenance free when exposed to the harsh weather elements & UV light rays that are bound to weather the paint. Keeping the top layer of paint in good condition will ensure the products lifelong beauty. Indoor or outdoor, steel can fade and eventually rust. If the steel windows and doors are within a few hundred feet of the ocean, visual inspection every 2 years is advised along with regular washing with water to remove any salt build up that shows up on the steel frames
(d) If you are unhappy with your Product or if there are any problems with your Product, please contact us using the contact details on our Website.

10 INTELLECTUAL PROPERTY
(a) We retain all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

11 PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA
You may publish images or videos of the Products online or on social media (or both). If you publish images or videos of the Photos, we ask that you provide accreditation to “sydney steel gallery” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 11, remove any accreditation to us.

12 REVIEWS
(a) We may allow you to provide feedback to us regarding our Products and our service (Review) on the Website.
(b) You agree:
(i) to ensure that any Review is a true and fair reflection of your opinion regarding a Product; and
(ii) that you will not submit a Review that may be deemed rude, offensive, unlawful and otherwise inappropriate.
(c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Review on the Website and any of our social media platforms.
(d) We reserve the right to remove or delete any Review if we determine, in our sole discretion, that a Review is not in compliance with this clause 12.

13 THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

14 LIABILITY
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us, is limited to the total fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability.
(b) We expressly exclude all liability arising out of or relating to:
(i) installation and glazing services (if any);
(ii) loss or damage to the Product not directly caused by us; and
(iii) delays in the supply of the Product later than the estimated time frames or lead times, including for delays in our supply chain, however we will use reasonable endeavours to keep you informed of such delays.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
(d) We may hold product liability insurance in our absolute discretion. If we elect not to hold product liability insurance, products sold by us will have only the benefit of insurance held by the manufacturer.
(e) We provide a limited warranty in accordance with clause 9. All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
(f) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(g) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by us.
(h) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15 FORCE MAJEURE
(a) We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 15(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of our control; or
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform our obligations.

16 DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
(d) If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The terms of the Guidelines are hereby deemed incorporated into these terms.
(e) If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

17 GENERAL
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
17.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
17.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
17.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
17.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
17.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
17.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
17.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

18 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.