Website Terms and Conditions of Use
1.About the Website.
1.1 Welcome to www.blindsdownunder.com.au (the 'Website').The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2 The Website is operated by Blinds Downunder (ABN 67 126 883 251). Access to and use of the Website, or any of its associated Products or Services, is provided by Blinds Downunder. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Blinds Downunder reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Blinds Downunder updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. Registration to use the Purchase Services.
2. Acceptance of the Terms
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.
3.1 In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
- Delivery address
3.2 You warrant that any information you give to Blinds Downunder in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4 You may not use the Purchase Services and may not accept the Terms if:
5. Purchase of Products and Returns Policy.
- 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.
4.Your obligations as a Member
4.1 As a Member, you agree to comply with the following:You will use the Purchase Services only for purposes that are permitted by
- 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.
5.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2 Payment of the Purchase Price may be made through; Credit Card (the 'Payment Gateway Provider') Bank Transfer, Latitude Pay and Afterpay.
5.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.4 Following payment of the Purchase Price being confirmed by Blinds Downunder, you will be issued with a receipt to confirm that the payment has been received and Blinds Downunder may record your purchase details for future use.
5.5 Blinds Downunder may, at their sole discretion, provide a refund on the Products should materials not be available and any postage and shipping costs associated with any refund pursuant to this clause, within 7 business days of becoming aware.
6. Warranty.
6.1 Blinds Downunder's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation to the equivalent value of the defective item.Blinds Downunder reserves the right to discharge its obligation under this warranty by refunding the original purchase price of the product. You are also entitled to have the Products repaired or replaced by Blinds Downunder, if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship of the Products within 12 months from the date of purchase (the 'Warranty Period')
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 blindsdownunder@gmail.com.
6.3 Where the Warranty Claim is accepted then Blinds Downunder will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.Blinds Downunder will endeavour to the supply all Components (like for like or similar),Please note fabric colours may vary on replacements and we will only replace defective item.Some materials also discontinue. If certain materials are discontinued, we reserve the right to substitute products under warranty with product which is closest colour match or component match.
6.4 The Warranty shall be the sole and exclusive warranty granted by Blinds Downunder and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.This warranty does not cover affects of salt/marine environments, corrosion from industrial environments and does not cover storm damage, raging wind environments, natural occurrences;Lightning, earthquakes, fire or explosion/implosion, failure or movement due to structural internal failure, other occurrences outside causes, which are out of Blinds Downunder control.
6.5 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.6 The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Delivery.
7.1 You acknowledge that the Purchase Services offered by Blinds Downunder integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers')
7.2 In providing the Purchase Services, Blinds Downunder may provide you with a variety of delivery services.You acknowledge and agree that Blinds Downunder is not the provider of these delivery and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3 The Freight service is a combination of external Freight Company and delivery through our Blind manufactures network. By using a combination of delivery options, we can deliver blinds Australia wide at competitive prices. We don’t offer a signature at drop off option. We request you specify a detailed location of where you would like your blinds dropped off if unattended, which is safe and protected from all external weather elements, Blinds Downunder takes no responsibility for theft of blinds should this occur after physical drop off. If you would like to physically receive blinds, please request a location you maybe more likely present.We will endeavour to notify you of a date of dispatch of your blinds, however we cannot specify an exact date or time your blinds will arrive.
7.4 In the event that an item is lost or damaged in the course of the Delivery Services, Blinds Downunder asks that you contact us by sending an email to; blindsdownunder@gmail.com.au within 48 hours, including photos, outlining in what way the Products were damaged in transit.
8.Copyright and Intellectual Property.
8.1 The Website, the Purchase Services and all of the related products of Blinds Downunder are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through i international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Blinds Downunder or its contributors.
8.2 Blinds Downunder retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Blinds Downunder; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- 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.
9.Privacy.
Blinds Downunder takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Blinds Downunder's Privacy Policy, which is available on the Website.
10. General Disclaimer.
10.1 You acknowledge that Blinds Downunder does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2 Blinds Downunder acknowledges colours and products may differ from what is displayed on the Website and recommends purchaser requests Fabric samples prior to purchase.Fabric Colours may also vary from Fabric Samples. Fabric colour variances may also occur between fabric production batches. These variances are within industry tolerances.
10.3 Blinds Downunder takes no responsibility for purchaser providing wrong blind dimensions(width and Drop) all dimensions must be in millimetres, wrong component selection and fabric colours or any other ordering details. Blinds Downunder recommends all information inputed for order, is checked prior to proceeding with purchase. Blinds Downunder cannot provide refund on custom made blinds once order is purchased.
10.4 Blinds Downunder takes no responsibility for any incorrect install regarding your blinds.and recommends a suitably qualified person carry out install.Any installation errors may void 12 month warranty.
10.5 All Child Safety functions need to installed as per the ACCC guidelines. By agreeing to our child safety disclaimer at time of purchase, you are agreeing to complete ACCC guidelines as provided by Blinds Downunder.(Refer to Child Safety). We provide Safety Mechanisms with all of our blinds, Safety Tags for chains and Install Tags as recommended by the ACCC.We require installer to fill in their personal details, date and phone number at time of install and stick to front or back of bottom rail.If you are short of blind tags we require notification to supply the correct number to you.We provide our installer tags separately by post.
10.6.Blinds Downunder complies with Manufacture Guidelines and follows the acceptable guidelines for imperfections, marks, dots on completed products.Products outside these scope need to be notified in writing through our re-works form within 5 Business days from delivery and emailed to blindsdownunder@gmail.com.au.
10.7 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.8 Subject to this clause, and to the extent permitted by law.
10.9 all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- 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.
11.Limitation of Liability.
11.1 Blinds Downunder's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Blinds Downunder is the resupply of information or Purchase Services to you.
11.2 You expressly understand and agree that Blinds Downunder, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3 Blinds Downunder is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Blinds Downunder, by third parties or by any of the Purchase Services offered by Blinds Downunder.
11.4 You acknowledge that Blinds Downunder does not provide the Delivery Services to you and you agree that Blinds Downunder will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract.
12.1 The Terms will continue to apply until terminated by either you or by Blinds Downunder as set out below.
12.2 If you want to terminate the Terms, you may do so by:
- 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.
Your notice should be sent, in writing, to Blinds Downunder via the 'Contact Us' link on our homepage.
12.3 Blinds Downunder may at any time, terminate the Terms with you if:
- 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.
12.4 Subject to local applicable laws, Blinds Downunder reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Blinds Downunder's name or reputation or violates the rights of those of another party.
12.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Blinds Downunder have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.Indemnity.
13.1 You agree to indemnify Blinds Downunder, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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.
14. Dispute Resolution.
14.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3.Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
- 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.
14.4. Confidential;
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5 Termination of Mediation:If 7 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15.Venue and Jurisdiction.
The Purchase Services offered by Blinds Downunder is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
16.Governing Law.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18.Severance.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
