Terms and Conditions
Terms & Conditions
Please read these product terms and conditions carefully as they set out the terms under which we make the products available to you ("Product Terms"). You must read and agree with our terms and conditions before buying online.
When buying goods from our website you enter an agreement with Lotus Folding Walls and Doors Pty Ltd (“we or us”), 20-24 National Drive, Dandenong South, Victoria 3175 operating online as www.concertinadoorsonline.com.au. The agreement will be concluded when you place the order.
1. Our Contract:
A legally binding contract with you will only arise once we have received payment for the goods in full from you or an invoice has been issued. When ordering products from us we can only process your order when the goods ordered have been paid for in full. You can pay on-line with all major credit cards, debit cards, PayPal or as per your current invoicing arrangement for retailer and distributor clients. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will be charged or invoiced for items at the point of order. Our liability to you in connection with any order will not exceed the total price charged for the relevant items. We accept Internet orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology v1.3. This means you cannot inadvertently place an order through an unsecured connection.
The price you will pay is the price shown at the checkout and on your confirmation email, these prices are inclusive of the Goods and Services Tax (GST) and the total price shown is the price you will pay. All prices shown at our online store are shown in Australian Dollars (AUD).
3. Right to Cancel or Change Your Order
Cancelling Prior to Manufacture
3.1 As our products are custom made and the manufacturing process begins within 24 hours from receipt of your order, you are only able to cancel or change your order by logging into your account within 24 hours and pressing the ‘cancel my order’ button.
Refunding Your Payment
3.2 If a cancellation of the order is within 24-hours of placing the order and receiving payment, monies will be credited to your Bank Account or Credit Card within 14 days of notification. Refunded Monies may take a few days to show in your account after our electronic transfer. We cannot be held responsible for interbank transfer delays.
Cancelling After Manufacture
3.3 You cannot cancel or change your order if the goods you have ordered are manufactured, measured or custom-made to your requirements as these goods will not be re-sellable. We regret that once your order has been accepted by us in relation to such goods and entered on our manufacturing process, we are unable to accept changes to these goods or cancellation of your order. If prior to delivery you do wish to change your order or cancel it after we have accepted it, please contact us as soon as possible by email and we will try to assist you. Our acceptance of cancellation of your order will be subject to retention by us of a handling charge equal to 60% off the invoice value. The balance of the price paid will be reimbursed to you within 30 days of notification of cancellation by re crediting your Bank Account or Credit Card.
4. Stock Shortages
We have the right to cancel your order if:
1) We have insufficient stock to make and deliver the goods ordered.
2) If you have ordered from an island or country where we do not deliver.
3) The goods ordered unbeknown to us have been discontinued.
4) A pricing error or typing error has occurred due to system failure within our database or website.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. If we do cancel your order we will re credit to your account any sum deducted or received by us from your Credit Card or Direct Debit as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Product Descriptions and Measurements
a) Descriptions and photography
The products we sell are either photographed or digitally produced and are accurately displayed on the website, however, due to different types, styles and settings of computer monitors shading and colour may appear differently to the exact colour. Whilst every attempt will be made by us to ensure that the goods sold and delivered match in every respect the description shown to you on the website, any minor or immaterial variation, change in colour or pattern between the website description and the goods delivered shall not entitle you to reject the goods nor to claim any compensation for such variation or change.
Many of the goods we sell are made according to your sizes. It is your responsibility to take the correct measurements of your door space. If you are unsure about any products or how to measure please consult the online measuring guide or have a professional contractor take the measurements for you (to be arranged at your own expense). You must check the product details and measurements of the goods before placing your order online and are responsible for checking the order. We cannot accept returns or refund the money if you have given us incorrect measurements, as we will not be able to resell the goods as they are made to measure. Please be aware that if you are ordering custom made goods from measurements taken from a house plan, we cannot be held responsible if the measurements on the building plans vary, from the actual completed door measurement.
c) Made to measure products
Made to measure products are custom made to your precise requirements. Once made our products are suitable only to you and therefore cannot be cancelled or returned. Because of this it is extremely important that you are sure about the product that you want and also the size you require. We strongly recommend that you double check your order to ensure that the products ordered and measurements taken are correct.
6. Delivering Your Goods
We will deliver your goods to the address you have provided on the order form for delivery, unless you receive notification from the freight company that the doors are ‘depot collect only’, in which case we will deliver them to the nearest depot and you must collect them from there. Deliveries are Monday to Friday between 9am to 5pm. We use outside Freight companies to deliver your orders and cannot be held responsible for any delays that may occur once the goods have left our premises. We use our reasonable endeavours to meet the delivery date within 10-15 working days from your order confirmation.
7. Defective Goods
Without limiting your Customer Guarantees under the Australian Consumer Law, we offer a 12-month manufacturer's guarantee on manufacturing faults. We reserve the right to either replace or repair the product and it may be necessary to return the goods to us for inspection prior to a replacement product being despatched. The guarantee does not cover defects arising from settling of buildings, incorrect installation and usage of the product, normal wear and tear or other events not related to the manufacture of the product and does not cover any damage to material through use of inappropriate cleaning materials. Any transit damage must be reported within 10 working days of receipt of goods or this guarantee may be voided.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, and the pages of this online store or by any employee or agent of us shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
9. Events Beyond our Control
We shall have no liability to you for any failure to deliver goods you have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Consumer Guarantee
We have a duty to provide you with the product you ordered. If a part is missing or incomplete, we will replace it as quickly as possible. A refund will only be given if we cannot replace or repair the item.
We will not be responsible for any installation charges that you may incurr or any other issues or product damage arising as a result of installation.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory).
“Customer” means the person to whom any quotation is made by us or any person contracting with us under this Contract and any person that purchases Goods under this Contract.
“Consequential Loss” means any loss or damage suffered by a party or any other person which is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or publicity, loss of use, loss of interest, damage to credit rating or loss of denial of opportunity.
“Consumer” has the meaning given to it in Section 3 of the Australian Consumer Law.
“Consumer Goods” means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in Section 3 of the Australian Consumer Law.
“Consumer Guarantee” has the meaning given to it in Section 3 of the Australian Consumer Law.
“Defect” means a defect, flaw or imperfection in the Goods which prevents the Goods from being used for the purposes intended for such Goods or which makes the use of the Goods dangerous, but does not include anything which has been disclosed as a feature or limitation of the Goods by Lotus in the Technical Data Sheet prior to the date of purchase, or any use of the products outside the limitations or applications described in the Technical Data Sheet or any defect, flaw or imperfection that is trivial or insubstantial.
“Goods” means all products and services agreed to be supplied by us to the Customer from time to time under this agreement.
“GST” means any goods and services tax and any replacement or similar tax.
“Order” means any order for Goods placed by the Customer with ###, in whatever form.
“Risk and title” (a) Unless otherwise agreed in writing, all risk in and to the Goods purchased shall pass to the Customer when the Goods are loaded at our warehouse for delivery to the Customer. Legal and equitable title in and to the Goods shall not pass to the Customer until payment in full for all Goods is made.
Jurisdiction - These Terms will be governed by, take effect and be construed in accordance with the laws in force in the State of Victoria, and the parties submit to the exclusive jurisdiction of the Courts of that State.\
Last Updated: 13th December 2018