AUSSIE CURTAINS – STANDARD TERMS & CONDITIONS
These Standard Terms and Conditions (Terms) apply to all orders of Goods from Aussie Curtains (Aussie Curtains, we, us, our or Company). These Terms together with your order form a contract for the sale of the Goods. We will not be bound by any terms and conditions included in any purchase order, sales confirmation or other document or communication from the Client.
If you are ordering DIY Blinds online, our Online Terms & Conditions will apply as well as these Standard Terms & Conditions.
All calls are recorded for coaching and training purposes.
1. Interpretation
In these terms and conditions:
(a) “Client” (or “you”, “your”) means any person to whom we supply Goods under these Terms.
(b) “ACL” or “Australian Consumer Law” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) “DIY” means Client orders where the Client will provide the measurements and handle installation of the Goods.
(d) “Goods” means all products and goods supplied by Aussie Curtains.
(e) “Personal Property Securities Register”, “Purchase Moneys Security Interest”, “Security Agreement” and “Security Interest” each have the meanings given in the PPSA.
(f) “PPSA” means the Personal Property Securities Act 2009.
(g) “Quote” means the quote we provide to you setting out the cost and description of the Goods.
2. Orders and Goods
2.1 All orders must be in writing and accompanied by a deposit of 50% of the price (or the full price, if ordering online), unless we otherwise agree. We may in our discretion accept or reject any orders.
2.2 There may be some colour variations in the Goods. Separate orders, or blinds bought at different times, may have variations in colour. Colours, patterns and weaves on our website are a guide only and small variations can occur.
2.3 From time to time our Goods may not be available in the colours you select. If this occurs and we are unable to fill an order, we will advise the Client as soon as we are notified. The Client may then:
(a) choose another colour;
(b) wait for the stock to come in; or
(c) choose another colour from a different fabric range and pay the difference in price if it is a higher fabric quality.
2.4 You are responsible to ensure that you measure your windows or doors properly. If you supply incorrect measurements for DIY or online orders, you will still be required to pay for the Goods and we will not be liable for any loss you might suffer.
2.5 You are responsible to ensure that all existing window coverings are removed prior to installation, or a $15 per window charge will apply for removal.
2.6 You are responsible to ensure that all furniture and items are removed that are blocking access to the windows within three meters around the area of the installation prior to installation. Aussie Curtains accepts no responsibility for any damages to items left within the three meters access area. Your blinds may not be able to be installed if items are not removed, and you will need to make another installation appointment.
2.7 If you are not present at the check measure, the company can proceed with the order based on previous commitments and appointment confirmation.
3. Price and Payment
3.1 The price for the Goods will be as per our price list or your Quote as at the date of order. We may change the price for Goods at any time.
3.2 We will invoice you for the deposit amount following receipt of your order. We will invoice for the balance once your Goods are ready for delivery.
3.3 Unless otherwise agreed by us in writing, payment for the Goods (less any deposit paid) must be made before we will deliver and install the Goods. If you order online, payment is required in full at the time of ordering. Online payment may be made by credit card (Mastercard and Visa), Paypal (Mastercard and Visa), or over the phone. Delays in payment may increase our standard installation times.
3.4 If the Client fails to pay in accordance with this clause, the Company may charge interest at 10% per annum, calculated monthly, on all overdue invoices. If we incur any legal or enforcement expenses, the Client must reimburse those expenses.
3.5 If Goods are ordered by more than one party, each party shall be jointly and severally liable.
3.6 You may be eligible for credit through Zip Money (Third Party Credit). Third Party Credit is not provided by Aussie Curtains. If you do not apply for Third Party Credit, payment must be made by cash, bank cheque or credit card. We may charge a reasonable fee for credit card payments. Finance is not applicable to discounted pricing, promotions, or price matching.
3.7 Final balance is payable when installation is pre-booked and confirmed. Final payment is required by credit card. All goods remain the property of Aussie Curtains until paid in full.
3.9 Finance is not applicable to discounted pricing, promotions or price matching.
4. Delivery
4.1 We only deliver within metropolitan Melbourne, Sydney, Brisbane, Adelaide, Perth.
4.2 We will use reasonable endeavours to deliver Goods within the times stated. However, we are not responsible for delays, and the Client must accept the Goods at any reasonable subsequent time.
4.3 We may charge storage and administration fees and/or require further deposit if installation is delayed due to the Client, or if installation is not booked within 5 weeks of Goods being ready.
5. Title and Risk
5.1 Risk passes to the Client when Goods leave our manufacturing facility or warehouse. Client must ensure Goods are insured for transit.
5.2 Title does not pass until Goods are paid for in full.
6. PPSR
(Clause unchanged except name updated to Aussie Curtains)
7. Changes, Cancellations, Returns and Disputes
(Clause content remains the same, only name changed to Aussie Curtains where applicable.)
8. Warranties and Limit of Liability
8.1 Aussie Curtains offers warranties on our Curtains. Refer to our full warranty policy.
8.6 In the event of property damage, Aussie Curtains will patch/putty holes or cracks only. We will not be responsible for painting.
9. General
9.1 Amendment The Company may amend these Terms by notice to the Client. The amended terms will apply to all orders submitted after the date of notice.
9.2 Set-off
(a) The Company may set-off any credit amount that the Company owes to the Client against any debt due by the Client to the Company at the Company’s sole discretion.
(b) The Client is not entitled to withhold payment of any money in respect of any alleged set-off or claim the Client might have against the Company.
9.3 Severance and Waiver If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the Terms and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company’s rights under these Terms must be in writing and signed by an authorised representative of the Company, and is effective only to the extent set out in the waiver.
9.4 Jurisdiction These Terms will be interpreted in accordance with the Laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Victorian Courts.
9.5 Force Majeure We will not be liable for any breach of these Terms or failure to supply where such breach or failure is the result of an act of God, natural disaster, terrorism, war or any other occurrence beyond our reasonable control.
10.5 Customer must be flexible with available times for Check Measure & Installation
11. Motorisation Promotion applys to rechargable motors only.
11.2 Motors do not include blinds.
12.2 If customer chooses to pay the deposit by bank transfer, the cash back offer starts from the time the deposit has reached our bank account.
12.3 If customer chooses to pay the deposit by our interest free service, the cash back offer starts from the time of finance approval.
12.4 Customer must be flexible with installation dates and times.
12.5 Final balance must be paid 1 week before installation and must be credit card only or 2 weeks before installation if final balance is paid by bank transfer.
12.6 Colours and fabrics must be confirmed before check measure. Stock colours only apply.
12.7 Express service all products installed at the same time.
12.8 This offer applies to standard windows without the need of scaffolding.
12.9 Express service is valid from Feb 1st to Oct 31st 2023 12.10 This offer cannot be used with any other offer.
Curtains 3-5 working days manufacturing plus delivery with courier ETA
➢ The above turnaround times are a guide only. Times can vary due to stock availability, shipping and transport and the above stated manufacturing days are again a guide only and special occasions like Christmas, Easter, New Year and Chinese New Year, particularly in the months of December & January can affect the product turnaround times. All efforts are made to keep the turnaround times to the minimum standard.
• We will endeavour to notify you as soon as possible of any delay or stock unavailability and we may offer an alternative product that may assist us meeting our standard turnaround times.