In these terms:
Good means the blinds, window furnishings or other products manufactured or supplied by Blinds Wholesale and the subject of the order made by you.
You and Your mean the person ordering Goods from Blinds Wholesale.
Blinds Wholesale or We or Us or Our means Pheldspar PTY LTD (Australian Company Number: 132 062 036) trading as Blinds Wholesale Sydney whose registered office is at Level 4, 222 Clarence St, Sydney NSW 2000.
1. OUR CONTRACT
Our web-site invites You to buy Goods from Us. A legally binding contract with You will only arise once Blinds Wholesale has received payment for the Goods in full from You. We shall notify You of acceptance of Your order by e-mail to the e-mail address given by You in the order form. We regret We cannot accept orders placed by person's located or resident outside of Australia. Unless Prior agreements are arranged. All prices are quoted in Australian Dollars.
- 2.1 The price for any Goods ordered by You will be the price shown on the order confirmation section of the Blinds Wholesale web-site at the time You place Your order and will include all taxes applicable from time to time.
- 2.2 In addition to the price, a delivery charge is payable in respect of deliveries made to locations within Australia other than orders for sample swatches of fabric alone. The delivery charge will be that shown on the order confirmation section of the Blinds Wholesale web-site at the time You place Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order. Delivery to locations outside of Australia will be made only with Our express prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of Australia You are advised to contact Us on Our enquiry line or by e-mail in advance of placing Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us.
- 2.3 Subject to clause 6, We will debit the price, plus any delivery charge, from Your debit or credit card when We receive Your order or as soon as reasonably practicable thereafter. If more than one item is ordered We may deliver the Goods in instalments but, if We do, We will not charge more than one delivery fee.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
- 3.1 Subject to clause 3.2, You may cancel Your order with Us for the Goods You order at any time up to the end of the Third working day from the date You order the Goods that you have ordered. You do not need to give Us any reason for cancelling Your order nor will You have to pay any penalty. To cancel Your order You must notify Us by e-mail at email@example.com with Your order number, or call the telephone order help-line on 61 2 93196722 with Your order number, or write to us at, 601 Botany Rd Rosebery NSW Australia 2018 with Your order number.
- 3.2 You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom-made to Your requirements or specifications as these Goods will not be resaleable by Us. We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process We are unable to accept any changes to these Goods or cancellation of Your order without levying a handling charge (see below). If prior to delivery You do wish to change Your order or cancel it after We have accepted it please contact Us as soon as possible by e-mail or on Our telephone order help-line as described above and We will try to assist You. Our acceptance of cancellation of Your order will be subject to whether or not the blinds have begun manufacture. Retention by Us of a handling charge equal to 50% of the price paid for these custom-made Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by recrediting Your debit or credit card.
- 3.3 Subject to the provisions of clause 3.2, once You have notified Us that You are cancelling your order, any sum debited to Us from Your debit or credit card will be recredited to Your account as soon as possible.
4. CANCELLATION BY US
- 4.1 We reserve the right to cancel Your order if:
- 4.1.1We have insufficient stock to deliver the Goods You have ordered
- 4.1.2 You require delivery outside of Australia; or
- 4.1.3 One or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by Us and/or received by Us from Our suppliers.
- 4.2 If We do cancel Your order We will notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your debit or credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. STOCK SHORTAGES
If the Goods or the fabric You order are unavailable We will notify You as soon as possible and suggest a suitable replacement. If there is no replacement available, Blinds Wholesale is not subject to any liability for the delay in delivery of goods.
6. PRODUCT DESCRIPTIONS AND MEASUREMENT
- 6.1 The product information and photographs contained within Our web-site are provided for illustrative purposes only, and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product or fabric You wish to order, You are advised to order a free sample of the product. Details of how to do this can be found on the questions and answer page of our web-site.
- 6.2 As the Goods which You order are manufactured according to the measurements You provide in Your order it is very important that Your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the How to Measure and Fit pages of Our web-site or call Our enquiry line on 02 9319 6722 if You would like guidance on how to take the required measurements accurately.
- 6.3 Whilst every attempt will be made by Blinds Wholesale Sydney to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change.
7. DELIVERING YOUR GOODS
- 7.1 Blinds Wholesale will deliver Your Goods to the address You have provided on the order form for delivery, on the date that You have specified on the order form in any event within 30 days of the day after Your order was placed, unless a later date is agreed with You.
- 7.2 Notwithstanding clause 7.1, whilst we shall use our reasonable endeavours to meet the delivery date specified by You on the order form, if We shall not be able to accept this delivery date We reserve the right to require You to select an alternative delivery date by notifying Us by e-mail at firstname.lastname@example.org with Your order number or call the order help-line on 02 9319 6722 with Your order number.
- 7.3 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods under clauses 3 or 8, ownership of, and risk in the Goods returned will pass to Us on receipt of the Goods by Us
8. DEFECTIVE GOODS
- 8.1 Blind Wholesale warrants that all Goods sold to You will be free from defects in material and workmanship from the delivery of the goods to You.
- 8.2 If Your Goods are defective on delivery or a defect arises within the recieving of goods, You are entitled to return them to Us. Provided You have first contacted Us through the telephone order help-line or e-mail address shown on Our web-site, or in writing at the address set out in the Contact Us section of Our web-site, giving Us details of the defects, but only if We have agreed that the Goods should be returned to Us. If it appears that the Goods are defective We will promptly arrange:-
- 8.2.1 For a courier to collect the defective Goods from You in order to repair the Goods and return the repaired Goods to you, free of charge; or
- 8.2.2 For a courier to collect the defective Goods from You and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
- 8.3 No liability under clause 8.2 shall arise unless the price and the delivery charge have been paid in full on or before delivery.
- 8.4 No liability under clause 8.2 shall arise if the goods cannot be warranted due to oversize. Any oversized goods cannot be claimed under warranty if either damaged in transit, or once the blind reaches You.
- 8.5 If the Goods are not defective, or are returned to Us after the period of 6 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges before carrying out the repair.
- 8.6 Except where You are a consumer, Blinds Wholesale will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
- 8.7 The rights You have under clauses 8.1 and 8.2 above do not in any way seek to limit Blinds Wholesale' liability for death or personal injury resulting from Blinds Wholesale' negligence and they do not limit any statutory rights You have as a consumer.
- 8.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our website. The importation or exportation of certain of Our goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
- 8.9 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
9. USE OF CARDS
By placing an order You authorise Blinds Wholesale at its discretion to carry out a credit reference or other enquiry upon Your financial status as Blinds wholesale thinks fit and You agree to provide such written authorisations which may be required for the purposes of such enquiry. In the absence of such authorisation We will be unable to process Your order.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this web-site or by any employee or agent of Blinds Wholesale shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
Here at Blinds Wholesale we fully respect your right to privacy as laid out in the Data Protection Act 1998. Our policies are:
- Consent and choice: To respect the purpose for which you give us information. We will give you choice and consent over how your personal information is used and will remove your details upon request. Using information: To use personal information for three general purposes only. Firstly to customise the advertising and content that you see, secondly to fulfil your requests for our products and services and thirdly to contact you with relevant news or information if you have requested it.
- Third party usage: Not to sell, rent or loan our lists to any third party for email marketing purposes. We may from time to time sell advertising space within our email publications but only where it is relevant to information you have already requested.
- Unsubscriptions: Only to send our news or relevant information to you if you request it and immediately unsubscribe you should you request it. We will make it as easy as possible for you to unsubscribe if you want to and will always clearly explain how to do this.
- Security: To store subscriber and password files in a secure manner. We store this information in areas that are inaccessible to web-browsers on secure servers.
If you are unsure about any of these issues then do not hesitate to contact us. Our contact details can be found below
14. THIRD PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Aus Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. GOVERNING LAW
This contract is subject to Australian law and the exclusive jurisdiction of the Australian courts.
Blinds Wholesale warrants its products, whether fabric componentry or finished blinds, supplied to it by the Buyer, to be free from defects in material or workmanship under normal and proper use for a period of 2 years starting from date of invoice and is only valid when payment is received.
Blinds Wholesale shall repair or replace materials or equipment, which upon inspection are deemed to be defective within the warranty period.
Exclusions to this warranty are manufacturing standards and procedures that do not comply with those given or accepted, normal wear and tear, misuse and abuse, products which are outside recommended sizes, and maintenance and care which has not been carried out in accordance with the instructions given.
The benefits conferred by this warranty are in addition to all other rights and remedies entitled to under the Trade Practises Act 1974 and other State and Territory laws.