Terms of service
1. ORDERS
1.1 The Customer may place orders for GATEKEPT Products directly with GATEKEPT through the website or by email.
1.2 GATEKEPT may accept or refuse to accept in whole or in part any order placed by the Customer and, where GATEKEPT delivers Products in instalments these Conditions of Sale apply to each instalment as if there were a separate contract in relation to each instalment.
1.3 The Customer may place orders for Products only on a firm sale basis and may not return Products other than as expressly provided in these Conditions of Sale or as otherwise agreed by GATEKEPT.
2. PRICES
2.1 The Price for Products shall be as specified by GATEKEPT on the website from time to time.
2.2 In the event the Products are being shipped internationally, there may be various Duties and taxes payable based on the country you are shipping to. As the recipient of the Products, you are responsible to pay any such Duties and Taxes.
3. PROPERTY AND TITLE
3.1 Title in Products is transferred to the Customer when GATEKEPT receives full payment.
3.2 Upon property passing to the Customer the Products are at the Customer's risk notwithstanding the Products may not have left GATEKEPT's premises or are in transit with the carrier for delivery to the Customer.
3.3 Despite clause 3.2, GATEKEPT shall organise insurance on the products at the customer’s cost in the event GATEKEPT are organising the shipping.
4. DISTRIBUTION
4.1 GATEKEPT shall be fully responsible for the picking and packing ("distribution") of the Products at and from their premises.
5. SHIPPING
5.1 GATEKEPT has various shipping, and insurance options available for the Customer to consider, prior to electing to organise shipping themselves.
6. PAYMENT TERMS
6.1 Payment for the Products shall be made as follows: (a) 100% shall be payable on order of Products.
6.2 Shipping fees are in addition to price of Products as quoted online and shall be calculated based on individual order requirements.
7. PROOF OF DELIVERY
7.1 A consignment note or invoice issued by or for GATEKEPT is proof that the Products included in the consignment note or invoice were received by the Customer in good condition and the Customer is bound to pay for the Products included in the consignment note or invoice in accordance with these conditions of sale unless -
(a) the Customer claims that there is an error or discrepancy in the consignment note or invoice; and
(b) the Customer makes its claims by notice in writing to GATEKEPT within 14 days of the date of the consignment note or invoice, quoting the relevant invoice number.
8. FAULTY PRODUCTS
8.1 Where any Product is defective or faulty by reason of a manufacturing fault (as distinct from damage caused by, or while the Product was under the control of a carrier), GATEKEPT shall, upon physical inspection and verification by it of the damage and subject to the following provisions of this clause, replace the Product.
8.2 To obtain replacement product, the Customer should contact either a sales representative of GATEKEPT or the principle office of GATEKEPT who will in turn provide the Customer with a proforma credit note.
8.3 Where the Customer returns defective or faulty Products, the Customer must bear or pay and must keep GATEKEPT indemnified against all freight, insurance and other costs incurred in returning the Products to GATEKEPT.
9. NATURE OF HAND MADE PRODUCTS
Products may be handmade or use genuine animal by-products. Due to the nature of our production method and materials, each product may vary slightly in dimensions, colours, or from the pictures. Natural variations are not faulty products and returns will not be permitted.
10. SHORT AND NON DELIVERIES
10.1 The Customer shall promptly give notice in writing to GATEKEPT of any error or discrepancy in a consignment note, invoice or statement, and in each case shall give the notice no later than 14 days after the invoice date that relates to the relevant Products, consignment note or invoice.
11. RETURN OF PRODUCTS
11.1 Return of Products shall only be accepted by GATEKEPT if the Products are accompanied by a Returns Authority Form (RA) plus a provided consignment note and delivery label. Such forms being obtained by the Customer from GATEKEPT.
11.2 GATEKEPT will only issue a Credit Note to the Customer for returned Products upon physical examination by it of the Products and verification of the accompanying Authorisation documentation.
12. COPYRIGHT
12.1 All products sold by GATEKEPT are the subject of copyright by virtue of the Australian Copyright Act 1968
12.2 The Customer may dispose of Products which include copyright (Copyright Products) only by outright sale by retail and in particular shall not dispose of or offer to dispose of Copyright Products by lease, hire, rent or exchange or under a contract, arrangement or understanding for return and exchange.
12.3 GATEKEPT will instigate immediate legal action against and reserves the right to not supply any Customer who deals in Copyright Products that are imported into Australia in breach of GATEKEPT or its associated companies copyright, or Trade Marks and any Customer who stocks, offers for sale or deals illegally in pirate, counterfeit or bootleg recordings in which GATEKEPT or its associated companies own or control the copyright and or Trade Marks.
13. WARRANTY
13.1 Gatekept ships items that conform to the samples on our website. However, small irregularities in shapes, surfaces and finishes are hallmarks of handcraftsmanship and should not be considered defects. Items may vary in colour from the website photographs. Specifications of individual items are subject to change and may differ slightly from those shown or indicated.
13.2 Gatekept warrants its products for one year from date of sale against defects in materials and workmanship. Our limited warranty does not cover: (a) normal wear and tear, (b) product variations, (C) defects or damage occurring due to, or following product modification (d) damaged caused by shipping/transit and (e) damage caused by misuse, abuse, or negligent treatment of merchandise.