MELBOURNE CURTAINS STANDARD TERMS & CONDITIONS
These Standard Terms and Conditions (Terms) apply to all orders of Goods from Into Blinds Pty Ltd ACN 137 456 672 (Into Blinds, we, us, our or Company), trading as Melbourne Curtains. 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 Into Blinds. (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 if they are blinds made from timber, aluminium or PVC. Likewise, separate orders, or blinds bought at different times, may have a variation 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 the 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 windows 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. Into Blinds 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 from the three meters access area 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 of the price of Goods 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, which shall be added monthly to your account. If we incur any legal, enforcement or other expenses in obtaining payment from a Client, 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 for any amounts due.
3.6 You may be eligible for credit through Humm(Certegy Ezi Pay), Latitude Financial Services, Payright & Openpay (Third Party Credit). Third Party Credit is not provided by Into Blinds and you acknowledge that if you apply for Third Party Credit, you will be subject to the Third Party Credit provider’s terms and conditions. If you do not apply for Third Party Credit, payment must be made by cash, bank cheque or credit card (Visa or Mastercard). We may charge a reasonable fee for credit card payments. Finance is not applicable to any discounted pricing, sales promotions or price matching.
3.7 Final balance is payable when the installation is pre booked and confirmed, final payment is required by credit card. All goods remain the property of Into Blinds Pty Ltd until paid in full.
3.8 Advertised Discounts in relation to our Plantation Shutters is only applicable to our Premium Plantation Shutters range and are subject to our standard terms and conditions. All sales promotion are subject to availablility and all sales promotions have a maximum number of offers available. All sales promotions are subject to their own terms and conditions at the time of the offer.
3.9 Finance is not applicable to any discounted pricing, sales promotions or price matching.
4. Delivery
4.1 We only deliver within metropolitan Melbourne.
4.2 The Company will use all reasonable endeavours to deliver Goods in accordance with times stated on our website or in your Quote. However, we will not be responsible for non-delivery (except to return any deposit paid) or delay in delivery of any Goods, and where delay occurs, the Company may deliver the Goods delayed at any reasonable subsequent time and the Client must accept and pay for them.
4.3 We may charge reasonable storage and administration fees and/or require payment of a further deposit (if the full price has not yet been paid) if installation is delayed for any reason due to the Client, including if the Client is not available to sign for Goods ordered online, or if the Client has requested installation more than 5 weeks after the Goods are ready for delivery (or failed to book installation within 5 weeks of the Goods being ready for installation).
5. Title and Risk
5.1 Should the Company elect to post any Goods or organise delivery of Goods, the Client’s risk of loss or damage to such Goods passes to the Client at the time the Goods leave our manufacturing facility or warehouse, and it is the Client’s responsibility to ensure these Goods are insured and covered for their time in transit.
5.2 Title to the Goods does not pass to the Client until the Goods have been paid for in full.
6. PPSR
If we agree to provide Goods on credit, this clause 6 applies.
6.1 The Client acknowledges that these Terms and an order will comprise a Security Agreement for the purposes of the PPSA.
6.2 The Client acknowledges that until such time as we receive full payment in cleared funds for all Goods we have supplied to the Client, these Terms create a Purchase Moneys Security Interest in the Goods as security for the Client’s obligations to us under these Terms, registrable on the Personal Property Securities Register.
6.3 Until we have been paid in full for all Goods: (a) the legal and equitable rights in the Goods will remain with us; (b) should the Goods or any of them be affixed or added to any other item, such affixation will in no way affect our right to ownership of the Goods, or our right to detach them from any items to which they have been affixed; (c) the Client will store the Goods separately and in such a way that they can be readily identified as being the property of the Company, should we so require; (d) subject to (e) and (f) below the Client will be at liberty to sell the Goods in the ordinary course of business on the basis that the Client will be under a fiduciary duty to us to account to us for the proceeds of such sale but may deduct from such proceeds the amount by which the proceeds exceed the total amount due from the Client to us; (e) we may at any time revoke the Client’s power of sale by notice to the Client if the Client is in default for longer than 7 days in payment of any sum whatsoever due to us by the Client, or if any bill of exchange, cheque or any other negotiable instrument drawn or accepted by the Client in favour of the Company is dishonoured on presentation for payment or if we have reasonable doubts as to the solvency of the Client; (f) the Client’s power of sale will automatically cease if a receiver is appointed over the assets or undertaking of the Client or winding up order is made against the Client or the Client goes into voluntary liquidation or calls a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy; (g) upon determination of the Client’s power of sale under (e) or (f) above the Client will place the Goods at the disposal of the Company who will be entitled to enter upon any premises of the Client for the purpose of removing such Goods and to remove such Goods from the premises.
7. Changes, Cancellations, Returns and Disputes
7.1 Other than orders for 7 Day Express Blinds, you may change your order within 24 hours, or cancel your order within 12 hours, of making payment of the deposit (or making full payment if ordering online). Orders may not be cancelled or changed after this time unless we agree. Orders for 7 Day Express Blinds may not be changed or cancelled. We may charge reasonable administrative fees if you cancel or change your order.
7.2 If the Client claims that any Goods sold or services supplied by the Company are faulty or defective, or disputes the invoices the Company has issued, the Client must notify their reasons in writing to the Company within 14 days of the invoice date or the date of delivery (whichever is applicable), failing which the Client loses any right to dispute the quality of quantum of the Goods or services (unless the Goods are the subject of an express warranty or a consumer guarantee applies under the Australian Consumer Law).
7.3 We will charge a $110.00 service Call Out Fee to attend a Client’s premises to inspect Goods that are the subject of a warranty claim after 12months from installation date. Within 12 months from the installation date there will be no call out fee.
7.4 We will charge a $110.00 cancellation fee if you cancel a booked installation within 5 working days of the booked installation date.
8. Warranties and Limit of Liability
8.1 Into Blinds offers warranties on our blinds, plantation shutters, doors and fencing (Warranty). Please read our full warranty policy (available on our website and with your invoice) for further details.
8.2 If the Client is a consumer under the ACL, the Client also has extensive rights under the ACL including consumer guarantees and remedies. Nothing in these Terms or the Warranty limits those rights and remedies in any way. The Client can obtain full details of consumer rights and remedies from the Australian Competition and Consumer Commission at www.accc.gov.au or from your local consumer protection agency.
8.3 If the Client is not a consumer under the ACL, we make no warranty that the Goods are fit for any particular purpose, or any other warranties, except those that cannot be excluded by law.
8.4 No warranties are given except as expressed in these Terms, in the Warranty, or under the ACL. Any representation, warranty or guarantee that might for any reason be implied into these Terms is excluded to the fullest extent permitted by law.
8.5 To the extent permitted by law, in no event shall our liability include consequential loss, or exceed the price of the Goods supplied by the Company and paid by the Client.
8.6 In the event of damage at your property Into Blinds will patch/putty holes or cracks only, we will not be responsible for painting.
9. Price Match Policy
If the Client obtains a written quote for Goods from a competitor to the value of $1000 or more, we will beat the quote by $50.00 (Price Match), subject to the following conditions:
(a) A lower price must be offered for an identical product, by a legitimate competing business with substantial infrastructure. The ‘Price Match’ policy will not apply to a lower price offered by a home or ‘backyard’-style business. (b) The competing quote must be an official quote on letterhead including an ABN, and a copy of the quote must be provided to the Company. (d) The ‘Price Match’ policy does not apply to raw materials, wholesale blinds, self-manufactured blinds, cut-down blinds, second hand blinds, DIY blinds, Client-installed blinds, blinds ordered online or blinds manufactured outside Australia. (e) Plantation Shutters we manufacture in Melbourne will not be price matched against overseas manufactured Plantation Shutters.
10. General
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
11. Melbourne Curtains cash back offer.
11.1 This offer applies to only White PVC Plantation Shutters manufactured in Melbourne.
11.2 The 4 week period starts at time of final check measure.
11.3 Customer must spend a minimum of $2000 to be eligible.
11.4 Offer is not valid during any Government Restricted Lockdown Period.
11.5 Customer must be flexible with available times for Check Measure & Installation