Terms and Conditions

GARADRY TERMS AND CONDITIONS OF SALE –  (18/12/2023)

Who we are and how to contact us

https://au.garadry.com is a site (“website”) operated by GaraDry Limited ("We, us, our"). We are registered in Australia as a Foreign Company under the Australian Registered Business Number (ARBN) 640 314 085.

To contact us, please contact our customer service team (“Customer Service Team”) via email at sales@garadry.com.au or fill out our Contact Form on our website. Further contact details are set out here.

Application of these Terms

These Terms and conditions (‘Terms’) apply to all of our Australian customers. If you have any questions about the application of these Terms, please contact us for more information.

Updates to these Terms

We reserve the right to review and change any of the Terms by updating this page at our discretion. When we do update these Terms, we will use reasonable endeavours to provide you with notice. Any changes will take effect immediate from their date of publication. The current version will always be published on our website. We encourage you to read these Terms and contact us if you have any questions.

Your continued use of the website following any updates or changes to these Terms means that you accept and agree to the updates and changes.

Where to find information about us and our Products

You can find everything you need to know about us, GaraDry® Limited, and our Products on our website (“Products”) or from our sales staff before you order.

When you buy from us you are agreeing that:

We only confirm orders when we've checked them

We contact you to confirm we've received your order and then we contact you again to confirm we've dispatched it.

Sometimes we reject orders

Sometimes we reject orders, for example, because a Product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, as stated on our website or because the Product was mispriced by us, or if you have breached these Terms. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you place your order

Orders may be paid for by debit or credit card, Apple Pay, Google Pay, Paypal or ShopPay. You cannot pay for your order by cash or cheque unless expressly agreed in advance. The debit, credit and charge cards accepted by us are those listed on the website. From time to time, we have discounts or voucher codes available which may reduce the price of the Products you order. The terms and conditions for these and the relevant expiry dates will be clearly set out on the website at the relevant time.

Our prices include GST at checkout

All prices on our website are GST inclusive at checkout.

Shipment and Delivery costs

Our delivery costs and our shipping policy terms are set out here Shipping Policy. Delivery costs will be calculated at checkout. Risk and title in Products purchased pass to you on the date and time of delivery of the Products.

Where we do and don’t deliver to

Please refer to our website detailing the up to date list of the territories we do and do not deliver to at Where do you ship to?.

Delivery

Upon delivery of your order, you must check the contents to ensure that your order is complete and that you are satisfied with the condition of the Products. If a Product is missing/damaged/incomplete you must notify us within 7 days from the day of delivery by contacting our Customer Service Team.

We're not responsible for delays outside our control

If our supply of your Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to cancel your order and receive a refund for any Products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A Product's true colour may not exactly match that shown on our website or in our marketing or its packaging may be slightly different.

Refunds for change of mind

If you do change your mind about a purchase, we offer you the opportunity to return the Product to us and we will give you a refund (except in circumstances where you can’t change your mind).

When you can't change your mind

You can't change your mind about an order for Products that have been affixed to something else not purchased from us or Products that are made to your specification or are personalised in any way.

The deadline for changing your mind

If you change your mind about a Product you must let us know no later than 14 days after the day we deliver your Product. You do not need to give us a reason for your change of mind.

How to let us know

To let us know you want to change your mind, contact our Customer Service Team.

For change of mind returns, you have to return the Product at your own cost

You have to return the Product to us within 21 days of your telling us you have changed your mind. Returns are at your own cost. You can send the Product back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Products at all or within a reasonable time we won't refund you the price. For help with returns, contact our Customer Service Team.

For change of mind returns, we may reduce your refund if you have used or damaged a Product

If you handle the Product in a way which would not be acceptable in-store, we may reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Products or accessories are damaged or missing. In some cases, because of the way you have treated the Product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.

When and how we refund you for change of mind

We refund you within 14 days of receiving the Product back from you (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your Product

Guarantees under Australian Consumer Laws

Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Subject to the ACL, where Products supplied are not of a kind ordinarily acquired for personal, domestic and household use, our liability to you is limited to refunding the price, replacing or repairing the relevant Products (at our option).

Note, in circumstances where we have breached a consumer guarantee under the ACL, we will cover the cost of returning the Products to us.

If you believe that your Products are defective, please contact our Customer Service Team as soon as possible.

GaraDry Warranties

All our GaraDry branded Products come with a 5 year warranty from the date of delivery. All other Products we sell come with either a 1 year warranty from us or a warranty from the third party manufacturer, in each case from the date of delivery. If there is a defect with the Product within the relevant warranty period set out above, we will replace it or refund you the purchase price (subject to Exceptions to customer’s warranty).

How to make a claim under our warranty

To be entitled to make a claim under our warranty, you must get in touch with our Customer Service Team: Contact GaraDry - Get in Touch – GaraDry® AU and provide us with information relating to your purchased Products including proof of purchase, installation and how the Product has been used. We may ask for images to support your claim.

In relation to expenses associated with the warranty claim, we will be responsible for any costs such return costs for faulty Products and disposal costs (if applicable).

Once we receive a claim made under our warranty, we will review your claim and determine whether it will be successful based on the information and material that has been provided. We will provide you with a response within a reasonable time and if your claim is successful, we will provide you with either a replacement, refund or repair the Products based on the nature of the claim.

Our Customer Service Team will be able to provide you with further information in relation to making a claim under our warranty.

In addition, any benefits available to you under our warranty are in addition to other rights and remedies available to you under the ACL.

Return the Product to us

If you think there is something wrong with your Product, please contact our Customer Service Team. To assist us in resolving any problems you may experience, please inspect the Product upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it.

Exceptions to our customers' warranty

We will not be liable for a Product's failure to comply with our customer warranty if:

  • the Product was not purchased directly from us;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Product or (if there are none) good trade practice;
  • you alter or repair the Product without our written approval;
  • threshold seals have been used with vehicles over the relevant weight limits (as set out at What weights can the thresholds withstand?);
  • you have not used GaraDry branded or GaraDry supplied adhesive and sealant to glue down the Products; or
  • the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

Your rights as a consumer

We honour our legal requirement to provide you with Products in accordance with all consumer guarantees under the ACL that are as described to you on our website and any other applicable laws. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) which cannot by law be excluded, restricted or modified.

Limitation of liability

To the maximum extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth) we limit our 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 the use of our Products to AUD$300.

Other than for breach of a consumer guarantee under the Competition and Consumer Act 2010 (Cth), we will not 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 from the use of our Products.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have options for resolving disputes with us

Complaints

Our Customer Service Team will do their best to resolve any problems you have with us or our Products as quickly as possible.

Contact relevant state consumer affairs/trading agency

If you are unhappy about the result of the resolution or handling of your complaint with us, you can contact the relevant consumer affairs/trading agency in your state or territory to make a complaint.

Other important Terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your Product

We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this

However, you can transfer our customer’s warranty to a new owner of the Product. We can require the new owner to prove you transferred the Product to them. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

Nobody else has any rights under this contract

This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of these Terms, the rest of it will still apply

If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later

We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

If you are a business customer the following additional Terms apply

If you are a business customer this is our entire agreement with you If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you are a business customer and we have given you a credit account (which is entirely at our own discretion), then you must pay us within thirty (30) days of the date of the invoice.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 2% a year above the Reserve Bank Cash Rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.