Terms & Conditions

IMPORTANT INFORMATION

DIMENSIONS
Product sizes are accurate to within 5mm.

COLOURS
All colours displayed on our website are our best approximation only.

PICTURES ON WEBSITE
Some photos on our website may show minor differences to the actual products we sell. If specific features are very important to you, please confirm with us directly and we’ll make sure you receive exactly what you expect.

MEASURING MISTAKES
Measure twice – cover once! If in doubt please ask us any questions you may have – we want to help you get the correct enclosure size.

CANCELLATIONS AND RETURNS
Refunds and returns are accepted for any reason within 30 days, however the item must be returned to us undamaged in its original packaging and all shipping costs are to be paid by you. Should you decide you need to cancel your order please contact us as quickly as possible. Once we send your order to you, the return shipping costs are to be paid by you.

EXPECTED BEHAVIOURS OF OUR ENCLOSURES
The below behaviours are considered normal and, as such, cannot be the subject of a warranty claim:

when closed your doors may not perfectly align
when opened & released, your doors may swing by themselves

These behaviours are usually due to the enclosure not being installed level or plumb.

TERMS AND CONDITIONS

Agreement
1. You should read these Terms and Conditions carefully. In these Terms and Conditions the words “Clever Covers”, “we”, “our” and “us” refer to Iain Bishop (ABN 14968995302) trading as “Clever Covers”); and “you” or “your” means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase of goods or services through the Site.
2. These Terms and Conditions apply to you, the Site user and your usage of the Site and associated software, networks and processes, including the purchase of goods or services through the Site.
3. By browsing the Site, or placing an Order, you agree to these Terms and Conditions.
Interpretation
1. In these Terms and Condtions:
  “Agreement” or “Terms and Conditions” means these Terms and Conditions, including all the terms of any Order placed by you the user through the Site (if applicable).
  “Customer” means the person or legal entity identified in a Clever Covers invoice or sales document.
  “Delivery Cost” means the costs associated with delivery as specified in an Order.
  “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
  “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
  “Order” means an order for one or more Products placed by a Customer through the Site.
  “Products” means the covers or other products supplied by Clever Covers and the subject of an Order.
  “Site” means the internet site located at the URL https://clevercovers.com.au and operated by Clever Covers.
2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
Site Use
1. You must ensure that your access to, or use of the Site is not illegal or prohibited by laws which apply to you.
2. You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Clever Covers takes no responsibility for any such damage which may arise in connection with your use of the Site.
3. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4. To place an Order, you must provide your name, address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to supply products to you.
5. For security, technical, maintenance, legal or regulatory reasons we may withdraw the Site, or change or remove Site functionality at any time without notice to you.
6. The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We will not be responsible for the content or privacy practices associated with linked websites.
7. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.
Legal Capacity
1. You must be eighteen (18) years of age or over to purchase Products from the Site.
2. Any Order and/or purchase made by you using this Site is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Clever Covers in relation to these terms.
3. Clever Covers reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
Pricing
1. All prices listed on the Site are in Australian Dollars unless otherwise specified.
2. All prices listed on the Site include GST unless otherwise specified.
3. All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4. All prices listed on the Site exclude Delivery Costs, which will be calculated depending on the Products you place in an Order and your delivery address.
5. You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. Delivery Costs to some addresses cannot be calculated by the Site and will require a customised offer to be sent to you.
6. Clever Covers does not deliver outside Australia.
7. Clever Covers reserves the right to refuse a sale.
Product Specifications
1. You are responsible for the accuracy of your measurements. You should ensure that you use the measuring instructions on the Site before placing your Order.
2. Clever Covers will accept the return of Products due to your measurements or colour selection being incorrect provided you:
  1. return the Products undamaged
  2. return the Products in their original undamaged packaging
  3. pay return shipping costs
3. Clever Covers will use its best endeavours to ensure that all Products delivered match the specifications, however colours & design features may vary slightly and product measurements may vary by up to 5mm. Any minor or immaterial variation or change in colour, design features or measurement between the specifications and the Products delivered shall not entitle you to reject the Products nor to claim any compensation for such variation or change.
4. The product information and pictures contained on the Site are provided for illustrative purposes only and may not exactly reflect the actual Product.
Orders
1. You may place an Order by adding Products to the Cart on the Site, clicking the “Proceed to Checkout” button, filling in your billing, delivery, contact and payment details and clicking the “Place Order” button.
2. Orders will be deemed to have been received by Clever Covers at the time Clever Covers sends an Order confirmation to your nominated e-mail address.
3. Clever Covers is an online business and will primarily communicate with you via e-mail. It is your responsibility to ensure your correct contact details are entered and that your nominated e-mail address is regularly checked for correspondence.
4. Each Order (once confirmed) represents a separate agreement.
5. Clever Covers, at its sole discretion, may cancel your Order at any time prior to dispatch of the Products.
6. In the event that Clever Covers cancels an Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
7. Clever Covers accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
8. Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
Payment
1. Clever Covers accepts payment via Credit Card.
2. Payment for Orders will be processed immediately upon confirmation of your Order.
3. You acknowledge that Clever Covers may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
Delivery and Ownership of Products
1. Clever Covers tries to ensure that all goods are delivered within the stated timeframe. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Clever Covers does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
2. Clever Covers will not dispatch Products to PO box addresses.
3. Title and risk in the Products pass to the Customer upon delivery of the Products.
4. Clever Covers reserves the right to not ship to remote or rural locations.
5. Clever Covers is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer’s responsibility to liaise with Clever Covers’ nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Clever Covers to a Customer in relation to delivery will be from a third party, and as such Clever Covers cannot guarantee the accuracy of such information.
Refunds and Returns
1. Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
2. Customers are only able to change or cancel an Order by contacting Clever Covers prior to shipment of the Products.
3. Clever Covers will accept the return of faulty or defective Products, or Products that have been supplied incorrectly. Where you are returning Products to us because of our failure to comply with a consumer guarantee, you must return the Products to us at your cost unless the Products cannot be returned, removed or transported without significant cost to you because of:
  1. the nature of our failure to comply with the consumer guarantee; or
  2. the size or weight of the Products.
  If Clever Covers confirms the problem with the product you will be reimbursed the return postage costs upon presentation of the relevant receipt.
  If Clever Covers finds that the product does not have a problem, you must pay the return postage costs.
4. Clever Covers will also accept the return of Products for any other reason within 30 days of delivery. You must return the Products to us at your cost in this situation.
5. In order to facilitate a return under these Terms and Conditions, please contact us at info@clevercovers.com.au
6. Returned Products must be returned in their original packaging with all accessories. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Products due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Products without their original packaging.
7. The Customer is responsible for any labour costs associated with uninstalling the product to be returned.
8. It is the Customer’s responsibility to ensure that returned items are returned safely. Clever Covers takes no responsibility for items lost in transit.
9. Refunds may take up to 10 business days to be processed.
Warranties
1. This warranty is in addition to any statutory rights and guarantees that apply under Australian Consumer Law
2. Clever Covers offers a 1 year warranty from the date of delivery on its powdercoated aluminium, which shall be free from manufacturing defects and fit for purpose. The powdercoated paint finish will be free from significant cracking, significant flaking or significant peeling. Excessive colour fading shall not occur beyond the amount assessed as normal fading by the manufacturer of the product.
3. Clever Covers offers a 1 year warranty from the date of delivery on all other product parts and accessories, which shall be free from manufacturing defects and fit for purpose.
4. For claims covered by the warranty, Clever Covers will replace or repair any Products with like or similar parts, found to be defective as a result of faulty materials.
5. The warranty excludes Delivery Costs and labour costs associated with the installation of the replacement or repaired product.
6. The warranty does not apply to any Products or parts which fail due to an accident, a weather event, an act of God, impact, alterations, improper use or handling, abuse, neglect, normal wear, exposure to any substance that may contribute to deterioration of the Product (such as salt air or chemicals), movement of any structure used as an anchor point.
7. The warranty does not cover scratches, chips, or dents unless
  1. it is reported to Clever Covers within 48 hours of delivery and prior to installation; and
  2. the scratches are greater than 50mm in length, the chips are greater than 20mm in diameter, and the dents are greater than 20mm in diameter.
8. The warranty does not cover the deterioration of metal through oxidization or rusting.
9. The warranty does not apply to any Products or parts which fail due to the failure to follow instructions for measuring, installing, operating or maintaining the Products.
10. The warranty shall cease and Clever Covers shall thereafter in no circumstances be liable under the terms of the warranty if the product is repaired, altered or overhauled without our consent.
11. The warranty shall cease and Clever Covers shall thereafter in no circumstances be liable under the terms of the warranty if ownership of the product is transferred from the you to a third party.
12. In respect of all claims, Clever Covers will not be liable to compensate you for any delay or associated costs of a delay in either replacing or repairing a product or in assessing the Buyer’s claim.
13. In order to make a claim under this warranty, you must, within the warranty period, submit a claim via email to info@clevercovers.com.au along with a copy of your invoice and photographic or video evidence of the defect or damage.
14. Clever Covers will assess the claim to determine its validity; and will notify the Buyer of the determination.
Intellectual Property
1. You acknowledge that all Intellectual Property in any Material on the Site is the property of Clever Covers, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws.
2. You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Site or commercialise any information obtained from any part of the Site without the prior written consent of Clever Covers or, in the case of third party Material, from the owner of the copyright in that Material.
3. You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.
Linking to the Site
1. You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. This Site must not be framed on any other site.
Indemnity
1. To the maximum extent permitted by law:
  1. you waive, release, discharge and relinquish any and all claims that you have now or may have against Clever Covers which are connected with, arise out of, relate to or are incidental to the use of the Site.
  2. you agree to indemnify and to keep indemnified Clever Covers, and hold Clever Covers harmless from and against, any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Clever Covers arising out of or in connection with the your use of the Site, any breach by you of this Agreement or the use of any Clever Covers Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
Liability
1. To the maximum extent permitted by law:
  1. all guarantees, conditions or warranties expressed, incorporated or implied by law are excluded
  2. Clever Covers shall not be liable for any indirect or consequential loss, damage, injury or expense caused by its Products, or the installation of its Products;
  3. the liability of Clever Covers (in negligence or otherwise) is limited to the resupply of Products, or the cost of having the Products supplied again (at the option of Clever Covers) ; or as otherwise specified in these Terms and Conditions or related Clever Covers warranties.
Privacy
1. Clever Covers gathers personal information about our customers for the purposes of:
  1. marketing, supplying or delivering our products to you;
  2. carrying out repair work (both in and out of warranty repairs);
  3. improving and developing our products; and
  4. expanding our business.
2. Clever Covers is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with the law and more importantly, because we know that you care how information about you may be used and shared.
3. We do not release information about you unless one of the following applies:
  1. You would expect us to or we have told you we will;
  2. It is required by law;
  3. It will prevent or lessen a serious and imminent threat to somebody’s life or health
4. You may access personal information that we hold about you or you can ask us to correct personal information we hold about you.
5. You may opt out of further contact from us at any time
6. Covers is bound by the Information Privacy Principles of the Privacy Act 1988 (Cth). Our website follows the Privacy Commissioner’s Guidelines for Federal and ACT Government Websites.
7. If you wish to access the information we have which applies to you or if you have any further queries in regards to Clever Covers’ privacy policy, you can contact us at info@clevercovers.com.au
General
1. Clever Covers reserves the right to make changes to the Site and Order Terms and Conditions without notice.
2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
3. A failure or delay by Clever Covers to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Clever Covers does not preclude its future ability to exercise that or any other power or right.
4. This Agreement is governed by, and must be construed according to, the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.
5. If any clause or term in this document is found to be invalid, illegal or unenforceable by a relevant Court of law, that part shall be severed and the validity, legality and enforceability of the remaining Terms will remain in force and will not be affected or impaired.