EnviroTemp Terms & Conditions of Sale
VERSION: February 7, 2022
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
You agree to pay us the deposit price listed on the Website relevant to the Kit you have selected (subject of course to the proviso above, in the case of accidental errors and omissions). You further agree to pay the balance in full upon completion of the installation of your Kit.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your deposit payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments by Credit Card & PayPal.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
3. DISCOUNTS AND COUPON CODES
We may offer discounts or coupon codes from time to time.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
4. STORE CREDIT
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.
Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
5. GIFT VOUCHERS
From time to time we may offer to sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our Website.
It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.
Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
the voucher is able to be reloaded or topped up
it has been donated for promotional purposes
it is available only for a specified period
it has been supplied at a genuine discount
it is part of an employee reward scheme
it is part of a customer loyalty program
it is a second-hand gift card
it is part of a temporary marketing promotion
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
6. POSTAGE AND DELIVERY
We post products to Australia only.
We include Free Delivery in all purchases.
b. Dispatch Timeframes
Your EnviroTemp Kit will be delivered in person to your home. Within 2 working days following receipt of purchase confirmation, an EnviroTemp representative will contact you to organise delivery and installation of your EnviroTemp Kit into your nominated AC system.
c. Delivery Address
It’s your responsibility to make sure that your delivery address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate delivery details. Your delivery address may be further confirmed when an EnviroTemp representative contacts you.
7. EVENTS BEYOND OUR CONTROL
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to deliver your order, you release us from any obligation to deliver your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
8. ADVICE AND INFORMATION
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional advice. You should seek appropriate professional advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
9. AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to 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.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
replacement of the product;
repair of the product;
payment of the cost of having the product repaired; or
such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at firstname.lastname@example.org or phone 1300 78 88 98.
10. REFUNDS AND PROCEDURES
In the event you are entitled to a refund because your EnviroTemp installation did not meet our guarantee, you will receive a full refund, less the value of any additional work if any, that you may have agreed upon with your attending EnviroTemp specialist. The refund will be initiated within 2 working days and may take an additional 2 working days to appear back into your account.
In the event you are entitled to a refund due to your air conditioning system requiring a repair in which you did not want to proceed with or an optional item which was no longer required, the refund will be initiated within 2 working days and may take an additional 2 working days to appear back into your account.
11. PROVEN ON THE SPOT OR RECEIVE A FULL REFUND
We guarantee the EnviroTemp installation into your air conditioning system will provide a performance improvement of between 2-8 degrees Celsius.
If your EnviroTemp Specialist is unable to prove a 2 to 8 degree Celsius temperature improvement, on the spot, the full cost of your EnviroTemp Kit will be refunded, less any additional service options you may have requested.
HOW PERFORMANCE IMPROVEMENTS WILL BE MEASURED
EnviroTemp’s performance improvements will be verified “VERIFICATION” to you on the spot as follows:
An operation cycle will be determined in accordance with the day’s temperatures e.g. cooling or heating cycle.
A temperature setting will be set within your controller. The actual temperature set may be determined by factors such as outdoor temperature, size of room and various other factors that could impact the amount of time the unit remains on. For performance testing, the unit should remain on and underload for most or all of the time while testing is taking place.
Pre Temperature Reading, prior to installation of EnviroTemp. A temperature reading will be taken by an infrared temperature gun at a selected air outlet. The reading will be recorded and witnessed by the customer should they wish.
Post Temperature Reading, after installation of EnviroTemp and once the system has operated for approximately 10 minutes an additional temperature reading will be taken by an infrared temperature gun at a the same air outlet noted in Point 3 above. The reading will be recorded and witnessed by the customer should they wish. The difference between the Pre and Post temperature reading should reflect an improvement of 2-8 degrees Celsius i.e. cooler temperature if in cooling cycle, hotter if in heating cycle
In the event the temperature improvement is less than 2 degrees Celsius you will be entitled to a full refund less any additional service options you may have requested.
12. YOUR AIR CONDITIONING SYSTEM
You confirm the air conditioning system to which your purchase on our Website is being made for is in proper working order and not in need of repair. In the event the EnviroTemp specialist identifies a fault within your air conditioning system, it may require a repair prior to EnviroTemp installation. If so, your EnviroTemp specialist may be able to quote, on the spot for the repair. In the event you do not wish for the repair to occur you will receive a full refund less a $180 charge (GST inclusive) for the call out plus any time spent for determining the fault within the air conditioning system.
13. SHOPPING ON OUR WEBSITE
When shopping on our Website you will be required to select the EnviroTemp Kit that best reflects your air conditioning system, including but not limited to identifying the correct number of air outlets. In the event you have purchased a Kit that will not suit your actual air conditioning system your EnviroTemp specialist on the day of installation will be required to adjust the EnviroTemp Kit to reflect your actual air conditioning system which may mean adjusting the current number of air outlets. If the system is smaller than the Kit purchased, you will be provided with a refund for the difference, if the system is larger, you will be required to pay the difference at the completion of installation and Verification.
14. INSPECTION OF DUCTING
Inspection of ducting includes inspection within the attic space and in voids within the attic where ducting may be located subject to adequate access.
Inspection of ducting on a double level home includes inspection of ducting in upper-level attic space and in voids within the attic where ducting may be located for lower level outlets. Due to restriction of space, this service does not include inspection to lower level ducting.
15. FREE AC SERVICE
From time to time we may offer a free service for your air conditioning system. Depending on the size of your system, the value of this service can be worth up to $180.00 (+GST). This service includes the following:
Clean evaporator filter,
Through clean filter housing check ducting with flashlight etc for signs of a collapse, holes/leaks, and obstructions (ducted),
Check & clean, if necessary, condensation drainpipe (split system),
Visually inspect evaporator for signs of abnormalities (split system),
Check for sufficient air flow from all outlets (ducted),
Check thermostat is functioning properly.
Check external fittings for signs of leaks,
Check compressor fittings for signs of leaks,
Check refrigerant levels,
Remove any leaves, dirt etc which may have accumulated within the condensing cabinet,
Check & clean, if necessary, moisture drainage ports,
Check electrical connections are secure,
Check AMP draw of motor,
Oil fan motor (where possible),
Brush off condenser coil.
Service does not include inspection of ducting from inside the attic.
16. OPTIONAL ITEMS
Listings within our Website do or will from time to time offer OPTIONS such as but not limited to “inspection of ducting”.
17. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
18. DISPUTE RESOLUTION
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in South Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
As we are based in South Australia, these terms will be governed by the laws of South Australia. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of South Australia and courts of appeal from them.
This document was last updated: 7/09/2021