Website Terms and Conditions of Use
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Blinds Downunder in the user interface.
3. Registration to use the Purchase Services.
- Email address
- Preferred username
- Mailing address
- Telephone number
- Delivery address
- you are not of legal age to form a binding contract with Blinds Downunder; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Blinds Downunder of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Blinds Downunder providing the Purchase Services;
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Blinds Downunder for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy.
This Faults and Warranties policy does not cover:
- Normal wear and tear
- Normal fading of fabrics and dyes
- Damage arising from improper assembly or modification
- Damage arising from abnormal use or abuse
- Damage, wear and tear as a result of improper or lack of maintenance and/or care
- Damage to external product packaging only
- Damage occurring during your own handling and transportation of goods from a Click & Collect pick up location
- Insignificant minor variations in dimensions, colour, grain or finish
- Insignificant minor imperfections or superficial blemishes
6.2 In order to make a Warranty Claim during the Warranty Period, you must provide proof of original purchase to Blinds Downunder showing the date of purchase of the Products, provide a description of the Products defects and the price paid for the Products, also include photos of defective products and fill in Blinds Downunder Reworks form. Please then send written notice, including Reworks form to email at email@example.com.
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Blinds Downunder and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- Blinds Downunder will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Blinds Downunder supplies Essential Protection Screens to help reduce the risks to persons from airborne contagions caused by coughing, sneezing or spitting, however will not be liable should any person become infected with Covid-19 or any other illnesses, where our Essential Protection Screens are present or other Blinds Downunder store products have been purchased. Each purchase/install should be individually accessed as a risk assessment by the purchasing party on a case by case basis.
- Use of the Website, the Purchase Services, and any of the products of Blinds Downunder (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Blinds Downunder, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Blinds Downunder (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Blinds Downunder) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User's convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- notifying Blinds Downunder at any time; and
- closing your accounts for all of the Purchase Services which you use, where Blinds Downunder has made this option available to you.
- you have breached any provision of the Terms or intend to breach any provision;
- Blinds Downunder is required to do so by law;
- the partner with whom Blinds Downunder offered the Purchase Services to
- Blinds Downunder is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Blinds Downunder is, in the opinion of Blinds Downunder, no longer commercially viable.
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- Within 14 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- 14.5 If for any reason whatsoever, 120 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the www.amr.asn.au or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.