1. Definitions

In these terms:

‘Acceptance Email’ means an email we send you confirming your Order.

‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

‘Australian Consumer Law Guarantees’ means consumer guarantees set out in the Australian Consumer Law.

‘Contract’ means a binding contract between us and you for the supply and/or installation of the Goods in accordance with these terms, the Order, any quote we send you which you have accepted and the Acceptance Email.

‘Goods’ means the blinds, curtains or shutters (or similar goods) supplied by us, which are the subject of your Order.

‘Order’ means an order made by you in accordance with these terms for the supply and/or installation of Goods which has been accepted by us via the Acceptance Email or otherwise in accordance with these terms.

‘Order Form’ means our online ordering process, in particular the final page where you can check your Order before clicking ‘Confirm Order’.

‘Price’ means the price of the Goods in Australian Dollars ($AUD) and any delivery fees, installation fees or other fees or charges stated in the Order or any quote we send you which you have accepted.

‘Sales Literature’ means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.

‘you’ means the person or entity ordering the Goods from us.

‘DIYblinds’ or ‘we’ or ‘us’ means DIYblinds.com.au Pty Ltd (ABN 96 168 941 599).

2. Ordering

To make an order for the supply of Goods, you must either complete the Order Form, accept via email a quote that we have sent you or confirm the order with us via another method, such as our website, email or telephone. We will provide you with an acknowledgment of your order by email. This email does not necessarily constitute an Acceptance Email, as this may come in a later email – so read its terms carefully. The Order is accepted by us when we send you the Acceptance Email or when we accept any payment from you for the Goods (whichever is the earlier).

3. Contract

These terms supersede any earlier terms and conditions wherever published or applying between DIY Blinds and you in respect of the Goods. Once the Order is accepted by us in accordance with these terms, the Contract is formed.

4. Price and payments

The Price is inclusive of all taxes applicable unless otherwise specified in writing.

We will charge you a delivery fee in respect of all deliveries to locations within Australia other than orders for sample swatches. The delivery fee will be that shown on the “order confirmation” section of the DIY Blinds website at the time you place your order or otherwise notified in the Order, quote or Confirmation Email.

We generally charge a flat rate of $50 per Order to ship Australia wide (shutters excluded). Shutters are charged at a per square meter rate (VIC - $22, NSW/ACT - $22, QLD - $27.50, SA/TAS - $38.50, WA - $49.50), unless otherwise stated in the quote or Order.

If you have asked us to install the Goods, then we will charge a check measure and installation fee (“Installation Fee”). If we charge you the Installation Fee, we will waive the delivery fee.

Unless otherwise agreed, payment of the full Price is due at the time you place your Order and we will debit the Price from your credit or debit card when you supply us with your details during the Order process.

Any omission or error on our website, online pricing systems, quotation, order acknowledgement, Confirmation Email, Sales Literature, invoice or other documents issued by us will be corrected by us within a reasonable time, and we are not liable for any loss resulting from such error or omission, subject to the Australian Consumer Law.

5. Cancellation by you

As all of our products are custom made to your specifications, you are unable to cancel your order once it has been accepted by us. However, we want to do all that we can to ensure that you have a positive experience when purchasing from us. If you change your mind before your Goods have been dispatched, please contact us as soon as possible, as we may still be able to halt the production process. If this is the case, we may be able to refund to you what you have paid, less whatever costs have already been incurred in the processing and manufacturing of your Order, but this cannot be guaranteed.

6. Cancellation by us

We reserve the right to cancel the Contract or decline your order if:

  • we have insufficient stock of the fabric or product required to manufacture or supply the Goods;
  • any of the Goods were listed at an incorrect price due to a typographical error or an error in the pricing information provided by us;
  • if you are not ordering from within Australia.

If we cancel your Order, we will notify you as soon as possible and will, at your election, either credit or refund to you any monies you have already paid us relating to your Order within 30 days of your Order.

Although we appreciate that you may be disappointed in such circumstances, we will not be able to offer you any other compensation for the disappointment you may suffer.

7. 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. Alternatively, we will, at your election, either credit or refund to you any monies you have already paid us relating to your Order within 30 days of your Order.

8. Product description and measurement

Our fabrics and materials are produced in batches and whilst all care is taken to maintain consistency from batch to batch, at times there can be small discrepancies. We make every effort to ensure that Goods match in every respect any sample or description we may have shown, given or sent to you, but minor or immaterial variation or change in colour or pattern between sample or description and the Goods may occur. If this happens, you are entitled to a remedy under the Australian Consumer Law, depending on whether the defect is major or minor. Please contact us to discuss your options.

9. Delivering your Goods

As all Orders placed with DIY Blinds are for custom manufactured products, any times quoted for delivery are estimates only and are subject to change. DIY Blinds will not be responsible or liable for any reasonable delays. However, we aim to complete your product and have it ready to ship to you within 10 working days (shutters and curtains excluded).

Depending on your location we use a panel of couriers to deliver from our factory to you. Once the courier has collected your order we will email you with the corresponding tracking number (where available) so you can track the progress of your delivery.

All Orders will have authority to leave unless we give instructions to the courier company otherwise. Therefore, if you know you won't be home and would like to make alternative arrangements please specify this in the special instructions section on the order page (ie. please instruct the driver to leave on the front porch). Please note that no responsibility will be taken for Orders left at your address and by requesting this option you are accepting full receipt of the order once it’s dropped off by the courier.

If the location is unattended at the time of delivery, DIY Blinds will not be responsible for any damage to or loss of the Goods howsoever arising.

The risk in the Goods will pass to you once they have been delivered to you. Delivery means when the Goods are delivered to the delivery location you have provided us. Title and ownership of the Goods will pass to you once you have paid the Price in full.

If you return the Goods, then ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.

If more than one item is ordered, we may deliver the Goods in instalments and by different carriers.

10. Defective Goods

We ask that, within a period of 7 days following the delivery of Goods, you examine the Goods and notify us of any damage, defects or parts missing to the Order (eg. blinds, slats, brackets or any other portion of the Order). This will be evident once the packaging is open. We are not liable for marks, holes, scratches or defects on the fabric or product due to your misuse of the Goods or general wear and tear, including where the Goods have been subjected to your misuse, negligence, improper installation or improper cleaning.

If your Goods are defective on delivery, you are entitled to a remedy under the Australian Consumer Law, depending on whether the defect is major or minor. Please contact us to discuss your options.

The remedy may include providing you with a replacement, repairing the Goods within a reasonable time, providing you with a credit or refund or other compensation as required under the Australian Consumer Law.

If we provide a refund or replacement, we have the right to collect the Goods (at our cost) and you must give us reasonable access to your premises to collect those Goods.

11. Measurement

It is very important that the measurements you provide us are accurate. We cannot accept the return of Goods if the measurements you have provided to us are incorrect as we are unlikely to be able to resell them. If you would like guidance on how to take the required measurements accurately please contact us directly and we will be happy to help.

12. Warranty

In addition to any statutory rights or remedies you may have, we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 5 years (10 years for PolyChoice Shutters & 20 years for PolyLux Shutters) from the delivery of Goods to you (warranty period). This warranty includes all materials, mechanisms (cord locks and tilt gears) and components (brackets, wands, caps, etc.), which make up the blind.

If a defect arises within the warranty period, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Goods should be returned to us.

Provided that the Goods have:

  • not been modified;
  • not been subjected to misuse, negligence, improper installation and improper cleaning; or
  • not failed as a result of normal wear and tear -

and if the Goods are defective - in compliance with the Australian Consumer Law, we will promptly arrange, depending on the extent of the defect:

  • to repair the Goods and return the repaired Goods to you, free of charge; or
  • to deliver replacement Goods of similar quality and specification, free of charge; or
  • to refund of the Price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.

To activate the warranty you must contact us at the details below to arrange the return of the Goods along with the original sales invoice and receipt. DIY Blinds will cover the cost of transport for the first 12 months of the warranty period only. After the first 12 months of the warranty period, you are responsible for returning the defective Goods. As our office is not equipped to receive large packages, we will instruct you on where the Goods are to be sent.

This warranty is not transferable.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty is provided by:

DIYBlinds.com.au Pty Ltd

49-53 Islington St, Collingwood, VIC, 3066

1300 918 390

info@diyblinds.com.au

13. Best Price Guarantee

In the unlikely event you find our products offered for sale cheaper, we’ll better the competitor’s price by 10% subject to the following:

  • The competitor has to be an established blinds retailer and their website needs to be an e-commerce website.
  • We do not offer ‘Best Price Guarantee’ against products sold on eBay or similar sites.
  • The competitor’s website needs to be properly hosted with a registered domain name.
  • The competitor’s website has to be Australian based.
  • The competitor’s advertised price has to be verified by DIY Blinds staff.
  • The competitors price has to be clearly advertised on their website (we will not normally attempt to beat any promotional price or any price offered to you as a special one off deal).
  • We will only attempt to beat the price of like for like products produced by the same manufacturer.
  • We reserve the right to refuse an attempt to beat the price of a competitor.
  • We will not guarantee our ‘Best Price Guarantee’ in cases where products are offered on end of lines, one off special offers, clearance stock, seconds or below cost value.

14. Representation

No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this website or by any employee or agent of DIY Blinds shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.

15. Events beyond our control

We have no liability to you whether for damages or otherwise, for any failure to deliver or install 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 an event or circumstances beyond our reasonable control including, without limitation:

  • riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
  • earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
  • global health emergency, pandemic or epidemic, which involves the forced closure, restrictions and/or suspension of programs and services of the party affected; and
  • strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers, and which affect an essential portion of the Order.

16. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

17. Gift Cards and Vouchers

All vouchers and gift cards expire 3 years from issue date.

Vouchers and gift cards are non transferrable to other persons or accounts and cannot be returned or exchanged wholly or partly for cash.

If a voucher or gift card is used in conjunction with other offers (ie sale or promotions) please get in touch with the team at info@diyblinds.com.au to facilitate this.

DIY Blinds reserves the right to cancel vouchers and gift cards in its sole discretion and after investigation, on occasion where fraud or misuse is suspected.

18. Limitation of Liability

You acknowledge and agree that:

  • the manner of use of the Goods supplied to you is beyond the control of DIY Blinds;
  • other than the Australian Consumer Law Guarantees or any other consumer rights in the Australian Consumer Law, any advice, recommendation, information or services provided by DIY Blinds, its employees, contractors or agents regarding the Goods sold and their use will not be construed as contractual guarantees, conditions or warranties and is provided to you at your own risk;
  • to the extent permitted by law, in no circumstances will DIY Blinds’ liability extend to indirect or consequential loss or damage; and
  • DIY Blinds’ liability is capped at the total Price payable by you under the Contract.

19. Notice

Any notice or other notification required to be given under the Contract must be in writing and will be deemed duly served three business days after it is mailed (either by prepaid post, registered mail or security post), or one business day after transmission by email by either party to the other party’s email address stated in the Contract.

20. GST

If DIY Blinds makes any taxable supply to you under the Order, you will pay to DIY Blinds, on provision of a valid tax invoice, an amount equal to the GST which is payable in respect of that taxable supply.

21. Personal Property Securities Act

You acknowledge and agree that:

  • this Contract gives rise to a security interest and constitutes a security agreement for the purposes of the Personal Property Securities Act 2010 (Cth); and
  • the security interest is taken in all Goods previously supplied by DIY Blinds to you (if any) and all Goods that will be supplied in the future by DIY Blinds to your during the continuance of the parties' relationship.

You undertake to:

  • sign any further documents and/or provide any further information, such information to be complete, accurate and up-to date in all respects, which DIY Blinds may reasonably require to register a financing statement on the Personal Properties Securities Register;
  • reimburse DIY Blinds for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register;
  • give DIY Blinds not less than 14 days' prior written notice of any proposed change in your name and/or any other change in your details.

The Customer waives any rights to receive notice of any verification statement issued under the Personal Property Securities Act.

22. Miscellaneous

Any leniency, indulgence or extension of time which may be granted by DIY Blinds to you will not prejudice any of DIY Blinds’ rights in any way, nor will they constitute a waiver of any of DIYblinds’ rights.

No variation of or addition to the Contract will be binding unless the variation is in writing and is authorised by a representative of DIY Blinds and you.

DIY Blinds reserves all of its rights in respect of DIY Blinds intellectual property.

If any provision of the Contract is for any reason declared or become unenforceable, invalid or illegal for any reason, the other terms and provisions will remain in full force and effect as if these terms and conditions never included the unenforceable, invalid or illegal terms.

DIY Blinds’ failure to exercise, or delay in exercising, any right, power or privilege will not operate as a waiver of any such right, power or privilege.

This Contract will be governed by the law in the State of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of that State.

23. Promotion terms and conditions

Promotion codes cannot be used in conjunction with any other offers or promotions unless specified. Only one promotion code per customer. All promotion codes are for a limited time only unless specified. We reserve the right to vary or end the offer at any time including prior to the advertised end date without notice. A promotion code can't be used after an order has been placed. Promotion codes are not transferable or available as cash alternatives.

24. Gold Coast radio promotion terms and conditions

Included in this promotion: 10% off our range of curtain, blinds and shutters and not including accessories, retrofit motors and services like delivery, check measures or installation.

Promotion code terms: Use code GC10 at checkout to finalise your order. Code can be used online at diyblinds.com.au or applied by a DIYblinds Design Consultant for payments made by residents within Australia. This promotion code cannot be used in conjunction with any other offers or promotions. This promotion code can't be used after an order has been placed. Promotion codes are not transferable or available as cash alternatives.

Promotion ends: Monday 25th March 2024 at midnight AEDT.



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