Terms of Sale
Important Consumer Information:
Blinds & Designers goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Child Safety Regulations:
Blinds & Designers will install child safety clips with window furnishings, as required by law. These terms apply to all goods and services (“Products”) that a customer (“You”) orders from Blinds & Designers.
1. Quote
Blinds & Designers’ quote:
(a) is not an offer to supply Products (but you can place an order against the quote by paying a deposit.
(b) expires after 30 days if you do not place an order, and
(c) is an estimate until final site measurement when correct pricing will be determined.
(d) by paying your initial deposit you are agreeing to the Terms and Conditions.
2. Contract
If Blinds & Designers accepts your order, there is a contract as per the quote and these terms. These terms override anything else in the contract.
3. Payment
Payment stages:
50% deposit is required to confirm your order.
50% payment when booking your installation date.
How to make payment:
Direct deposit:
Account Name: Blinds & Designers
Bank: ANZ Bank
BSB: 013 373
Account: 6404 003 44
Please enter your Job Number as Payment Reference, then email the remittance to info@blindsanddesigners.com.au
4. Extra Charges
Where an extra charge is optional, Blinds & Designers will obtain your approval before it is incurred. Where it is not optional, it will be reasonable, but Blinds & Designers will notify you of the amount and you may cancel your contract within 2 business days.
5. Variations
Changes to a product order, delivery date or arrangements at your request are only effective if:
(a) we agree in writing and
(b) you accept any delay and extra charges that arise from your request.
6. Delays
If installation is delayed, Blinds & Designers may invoice an extra charge for storage of goods (except if Blinds & Designers caused the delay). Extra site visits to double-check measurements or conditions may affect the price and delivery time.
7. Tenancies, Owners Corporations, Councils, etc.
If you order products for premises that are rented, subject to an owners’ corporation or otherwise owned or controlled by a third party, or where council permission is required for installation:
(a) you must advise Blinds & Designers accordingly
(b) you must provide written evidence of the consent or permission, and
(c) Blinds & Designers may suspend the supply of products until you have done so or require payment under paragraph 10.
8. Scheduled Supply Times
These are good faith estimates only and may be affected by factors beyond Blinds & Designers’ control. Subject to the consumer guarantees, delay is not a breach of the contract.
9. Supply and Installation
Blinds & Designers will supply products within a reasonable time:
(a) at the installation site in the quote, or
(b) if there is no installation site – from Blinds & Designers’ premises. Unless Blinds & Designers agrees otherwise in writing, Blinds & Designers supplies products (including installation) between 8 am and 5 pm on weekdays, except public holidays.
10. If You Are Not Ready for Scheduled Installation
If products are ready for scheduled installation but you are not ready (e.g. you do not have owners’ corporation consent or your site is not prepared), Blinds & Designers may require that you pay for the products (but not installation charges), take delivery and store them until you are ready for installation (when installation charges will be payable).
11. Ownership and Risk
Goods are:
(a) Blinds & Designers property until you have paid in full for them, and
(b) at your own risk when delivered to you or the installation site.
12. Installation Site Conditions
You must, at your cost (unless included in the quote), make the installation site clear, accessible, safe for Blinds & Designers’ team, and structurally suitable for the installation of products. Blinds & Designers may suspend the supply of products until you have done so or have agreed to pay an extra charge to arrange it.
13. Existing Window Furnishings
You must, at your own cost (unless included in the quote), remove and dispose of any existing window furnishings. Blinds & Designers may suspend the supply of products until you have done so or have agreed to pay an extra charge to arrange it.
14. Electrical Work
You must, at your cost, arrange any initial or follow-up electrical works required for motorised blinds. Blinds & Designers may suspend the supply of products until you have done so or have agreed to pay an extra charge to arrange it.
15. Payment Default
If you fail to pay an amount when due:
(a) Blinds & Designers may charge interest at 2.5% per month
(b) Blinds & Designers may repossess products (before or after installation)
(c) you indemnify Blinds & Designers against any loss or expense (including legal expenses) Blinds & Designers incurs in recovering payment or re-possessing products, and
(d) Blinds & Designers may suspend or terminate your contract.
16. Consumer Guarantees
Rights and remedies for PDH goods and services:
If Blinds & Designers supplies you with products ordinarily acquired for Personal, Domestic, or Household use or consumption (abbreviated as “PDH”), you have extensive rights under the Australian Consumer Law (“ACL”) including consumer guarantees (“Consumer Guarantees”) and remedies. NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.
Rights and remedies for non-PDH goods costing no more than $40,000:
If Blinds & Designers supplies you with non-PDH products costing no more than $40,000, you have consumer guarantees under the ACL but:
(a) in relation to goods, Blinds & Designers’ liability for failure to comply with a consumer guarantee (other than certain guarantees about ownership and undisturbed use) is limited to:
(i) replacing the goods or supplying equivalent ones;
(ii) repairing the goods;
(iii) paying the cost of replacing the goods or of acquiring equivalent ones; or
(iv) paying the cost of having the goods repaired, and
(b) in relation to services, Blinds & Designers’ liability for failure to comply with a consumer guarantee is limited to:
(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.
17. Warranties and Guarantees
You have the benefit of the consumer guarantees described in clause 16. Subject to that, all other guarantees, warranties, terms, conditions, rights, and remedies in respect of products are excluded.
Any blinds over 2.4 meters may leave a wave or V effect due to the size of the blind. However, they may disappear over time and be less evident.
The Company denies liability for Goods or subsequent damage to the Goods occasioned by or as a result of:
(a) damage caused by fire, storm, heavy winds, water, tempest, riot, war or act of God;
(b) damage caused by the misuse or negligence of the Customer;
(c) degradation of Goods due to fair wear and tear in normal use or exposure to the elements.
18. Service Call Charges
Subject to the consumer guarantees, these apply after the first anniversary of installation.
19. Other Liability
Subject to clauses 15 and 16, Blinds & Designers is not liable to you for, and you release Blinds & Designers from and indemnify Blinds & Designers against, any harm, loss, damage, claim, demand, action (including without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply products, including but not limited to by virtue of breach of contract or negligence by Blinds & Designers or anyone for whose acts and omissions Blinds & Designers is vicariously responsible.
20. Force Majeure
Subject to the consumer guarantees, Blinds & Designers is not liable for any breach of contract to the extent that the breach is due to circumstances beyond Blinds & Designers’ reasonable control.
21. Governing Law
Your contract is governed by the laws and courts of the state where Blinds & Designers supply products to you, the exception being if Blinds & Designers does not have a permanent showroom and/or staff in that state, the law and courts of Victoria apply.
22. GST
Prices and charges include GST.
23. Return, Change, and Cancellation Policy
(a) After placing an order, if you wish to make a change, it must be communicated within 24 hours. An order can be cancelled within 12 hours of making the payment. Beyond this time frame, an order cannot be cancelled. The deposit is non-refundable.
(b) Any claim for faulty, defective goods or invoices issued by the company can only be done in writing within 14 days of the invoice date or the date of the delivery. If not done within this time, the customer loses the right to dispute. This rule is however not applicable if a consumer guarantee or express warranty applies.
(c) If you want us to visit your premises to inspect products that are under warranty claim after 12 months, a service charge of $150.00 will apply. Within 12 months, no such charges will apply.
(d) A cancellation charge of $110.00 will be applicable if a booked installation is cancelled within 24 hours of the installation date.