1. Orders
(a) All orders placed by you using the Sunshine Blinds website for blinds, shutters and other products appearing on the Sunshine Blinds website (“Goods”) which may be accepted by Sunshine Blinds are accepted on the following conditions unless other conditions of purchase are expressly agreed to by Sunshine Blinds in writing (the “Conditions”).
(b) Orders may only be placed for Goods using the Sunshine Blinds Website.
(c) (i) Due to differences in computer settings and displays, you are encouraged to request Sunshine Blinds to provide you with sample swatches of particular Goods you may be considering ordering. A reasonable number of sample swatches will be provided free of charge.
(ii) Similarly, due to the nature of the Goods (particularly paints, cloths, dyes, timber and similar materials) reasonable tolerances and variations in the finishes, weights, measurements, fabrics, materials, designs, patterns, shades, tints, colours, shrinkage and other like specifications of the Goods may occur from those contained on the Sunshine Blinds website and any sample swatches provided, and the you agree to accept reasonable tolerances and variations in such specifications from those contained on the Sunshine Blinds website and any sample swatches provided.
(d) Orders for ready made Goods may not be cancelled or deferred by you once the Goods have been dispatched from the Sunshine Blinds Australian warehouse for delivery to you.
(e) Orders for made to measure, and other custom or specially ordered, Goods may not be cancelled or deferred by you once the Goods have physically commenced to be made.
(f) If ready made Goods are not in stock in the Sunshine Blinds Australian warehouse at the time of placing your order, Sunshine Blinds will contact you within 2 working days after you have placed your order to advise when the Goods are expected to be in stock. You will also be given an opportunity to cancel your order at that time.
2. 100% Satisfaction Guarantee
(a) If for any reason whatsoever (no questions asked) you are not 100% satisfied with the Goods you order at any time within 30 days from date of delivery of the Goods to you, Sunshine Blinds will refund all moneys you have paid Sunshine Blinds for the Goods (including any delivery charges) in accordance with the following provisions of this 2 (“Satisfaction Guarantee”).
(b) If you wish to claim on the Satisfaction Guarantee, you must advise Sunshine Blinds in writing at the address listed in 8 (b) (vi) (A) within 30 days from date of delivery of Goods to you of:
(i) your full name, as used when you ordered the Goods on the Sunshine Blinds website;
(ii) your address;
(iii) a description of the Goods and the approximate date they were ordered on the Sunshine Blinds website;
(iv) the address at which the Goods are located;
(v) a telephone number at which Sunshine Blinds can contact you during business hours;
(vi) an email address at which Sunshine Blinds can contact you; and
(vii) the “no questions asked” reason why you are not satisfied with the Goods.
You should not need to provide proof of purchase because Sunshine Blinds should have your purchase details from the order you placed on the Sunshine Blinds website. However, if Sunshine Blinds is not able to match your order with the details you provide Sunshine Blinds in accordance with this 2 (b), then you will need to also provide Sunshine Blinds with your proof of purchase. You may therefore like to include proof of purchase with the details you provide Sunshine Blinds in accordance with this 2 (b) in order to minimise any delays.
(c) Upon receipt of the advice in writing and within the time frame referred to in 2 (b) and (if required) proof of purchase, Sunshine Blinds will then make arrangements with you to:
(i) If required by Sunshine Blinds, collect the Goods from you.
If Sunshine Blinds organises to collect the Goods from you, you must organise for the Goods to be uninstalled and made available for collection by Sunshine Blinds.
(ii) Refund all moneys you have paid Sunshine Blinds for the Goods (including any delivery charges). Refunds will generally be made by credit to the account from which you made payment at the time of placing your order for the Goods.
(d) Only the original purchaser of the Goods (as indicated in the order for the Goods) is entitled to make a claim on the Satisfaction Guarantee. The Satisfaction Guarantee is not transferable.
(e) The Satisfaction Guarantee is not a warranty against defects, but simply a guarantee that you will be 100% satisfied with our Goods for a period of 30 days from date of delivery of Goods.
3. Prices
(a) All prices published on the Sunshine Blinds website from time to time are in Australian dollars and include GST.
(b) Subject to 3 (c), prices published on the Sunshine Blinds website at the time you place an order using the Sunshine Blinds website will apply to your order.
(c) (i) Despite reasonable precautions being taken by Sunshine Blinds, prices published on the Sunshine Blinds website may be listed at an incorrect price or with incorrect information due to errors, corruption or like events.
(ii) In these circumstances, Sunshine Blinds may not accept your order and will contact you with the correct price and information to see if you would like to place another order with the correct price and information.
(d) (i) Sunshine Blinds will beat other publicly advertised prices in Australia by 10% (“Price Guarantee”) on the following conditions.
(ii) In order for the Price Guarantee to apply:
(A) the other publicly advertised goods must be substantially similar to the Goods insofar as finishes, weights, measurements, fabrics, materials, designs, patterns, shades, tints, colours, shrinkage and other like specifications of the Goods are concerned;
(B) the total of the purchase price of the other publicly advertised goods, including (without limitation) delivery, GST, credit card fees and other charges, must be less than the price of the Goods and delivery charges of Sunshine Blinds;
(C) the other publicly advertised goods must be goods offered by sale by an Australian entity or resident who has an Australian Business Number and is registered for GST; and
(D) the other publicly advertised goods must currently be in stock in Australia in the same quantities as you wish to order.
(iii) The Price Guarantee only applies to personal use of Goods by you and not to Goods that you intend to or may resell.
(iv) The Price Guarantee does not apply to other publicly advertised prices for liquidations; seconds, rejects, close out, end of line, clearance or like sales; sales at markets, “trash and treasure” or similar; auctions; trade quotes; commercial quantities or errors.
(v) Sunshine Blinds reserves the right to verify each of the above conditions of the Price Guarantee before it will apply.
4. Delivery
(a) Goods are not able to be collected from Sunshine Blinds and must therefore be delivered to you.
(b) Orders over $300.00 (excluding delivery charges), free delivery Australia wide.
(c) The charge for delivery of Goods for orders under $300.00 will be:
(i) $20.00 if order comprises only 1 item;
(ii) $30.00 if order comprises 2 items;
(iii) $40.00 if order comprises 3 items; and
(iv) $50.00 if order comprises 4 or more items and the total of the order (excluding delivery charges) is less than $300.00.
If you have any questions about the amount of the charge for delivery of Goods for orders under $300.00, please contact Sunshine Blinds Customer Service.
(d) Sunshine Blinds will deliver Goods pursuant to orders you place using the Sunshine Blinds website and which are accepted by Sunshine Blinds as soon as possible after that time. Deliveries are generally made within the following time frames:
(i) Ready made Goods which are in stock in the Sunshine Blinds Australian warehouse are generally delivered within 7 working days of receipt by Sunshine Blinds of payment for your order.
(ii) Made to measure, and other custom or specially ordered, Goods are generally delivered within 45 working days of receipt by Sunshine Blinds of payment for your order.
(e) (i) It is recommended that Goods be delivered to your workplace or another address at which someone will be in attendance during normal business hours to receive the Goods at the time of delivery. This is particularly important because Sunshine Blinds are not able to provide a specific delivery day or time, although the status of your order can generally be tracked by signing into your account on the Sunshine Blinds website.
(ii) If no one is in attendance to receive the Goods at the address you nominate for delivery in your order at the time of delivery, the Goods will be left at the address you nominate for delivery in your order.
(iii) Delivery of Goods will be deemed to be have been made to you at the time:
(A) someone receives the Goods; or
(B) they are left,
at the address you nominate for delivery in your order.
(iv) Sunshine Blinds will not be responsible for any loss or damage to the Goods once they have been delivered as provided for in 4 (e) (iii).
(f) Sunshine Blinds does not deliver Goods outside of Australia.
5. Payment
(a) Payment for Goods and any corresponding delivery charges must be made at the time of placing your order.
(b) Sunshine Blinds accepts payment by Visa, Mastercard and PayPal.
(c) By placing an order using the Sunshine Blinds website, you:
(i) represent and warrant to Sunshine Blinds that you are the holder of the credit card or PayPal account you use to make payment for Goods the subject of your order and any corresponding delivery charges; and
(ii) authorise Sunshine Blinds to debit the credit card for all monies owing to Sunshine Blinds for Goods ordered by you using the Sunshine Blinds website and any corresponding delivery charges.
6. Made to measure, and other custom or specially ordered, Goods
(a) Sunshine Blinds provides made to measure, and other custom or specially ordered, Goods.
(b) Sunshine Blinds does provide some general information on how to measure and order blinds, shutters and other products appearing on the Sunshine Blinds website, but Sunshine Blinds recommends that you engage a professional to help you order made to measure, and other custom or specially ordered, Goods if you are not competent to do so.
(c) Made to measure, and other custom or specially ordered, Goods that are made in accordance with your order are not able to be returned, exchanged, replaced or refunded except as provided in 2 above or 8 or 10 below.
7. Installation
(a) Sunshine Blinds does not provide installation of Goods.
(b) Sunshine Blinds does provide some general installation instructions on the Sunshine Blinds website, but Sunshine Blinds recommends that you engage a professional to install the Goods if you are not competent to do so.
(c) Sunshine Blinds shall not, to the extent permitted by law, be responsible or liable for any injury, damage or loss whatsoever arising in any way in connection with the improper installation or use of Goods.
8. Guarantee/Warranty
(a) Sunshine Blinds guarantees all Goods in accordance with the Australian Consumer Law.
(b) (i) Sunshine Blinds also warrants that Goods will be free of defects in material and workmanship for the warranty period listed below in this 8 (b) (i) for the respective Goods from date of delivery of Goods to you in accordance with the following provisions of this 8 (b) (“Warranty”):
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Goods
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Ready Made
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*Custom Made
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Aluminium Venetians
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12 Months
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24 Months
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Faux Wooden Venetians
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24 Months
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Wooden Venetians
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24 Months
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36 Months
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Roman Blinds
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36 Months
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Plantation Shutters
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36 Months
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Roller Blinds
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24 Months
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36 Months
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Vertical Blinds
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12 Months
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*Custom Made refers to made to measure, and other custom or specially ordered, Goods.
(ii) If you wish to claim on the Warranty, you must advise Sunshine Blinds in writing at the address listed in 8 (b) (vi) (A) within the warranty period listed for the respective Goods in 8 (b) (i) from date of delivery of:
(A) your full name, as used when you ordered the Goods on the Sunshine Blinds website;
(B) your address;
(C) a description of the Goods and the approximate date they were ordered on the Sunshine Blinds website;
(D) the address at which the Goods are located and were originally installed;
(E) a telephone number at which Sunshine Blinds can contact you during business hours;
(F) an email address at which Sunshine Blinds can contact you; and
(G) the reasons why you believe there is a defect in material or workmanship in the Goods.
You should not need to provide proof of purchase because Sunshine Blinds should have your purchase details from the order you placed on the Sunshine Blinds website. However, if Sunshine Blinds is not able to match your order with the details you provide Sunshine Blinds in accordance with this 8 (b) (ii), then you will need to also provide Sunshine Blinds with your proof of purchase. You may therefore like to include proof of purchase with the details you provide Sunshine Blinds in accordance with this 8 (b) (ii) in order to minimise any delays.
(iii) Upon receipt of the advice in writing and within the time frame referred to in 8 (b) (ii) and (if required) proof of purchase, Sunshine Blinds will then make arrangements with you to either:
(A) inspect the Goods where they are located or were originally installed; and/or
(B) to collect them from where they are located or were originally installed.
If Sunshine Blinds organises to collect the Goods you must organise for the Goods to be uninstalled and made available for collection in appropriate packaging to protect the Goods.
(iv) Should any defect in material or workmanship develop within the period listed for the respective Goods in 8 (b) (i) from date of delivery which, in Sunshine Blind’s reasonable opinion, is due to faulty material or workmanship, Sunshine Blinds at its own option and cost will either:
(A) repair the Goods;
(B) provide you with a replacement for the Goods; or
(C) refund the price paid for the Goods.
Sunshine Blinds will bear its own expense of doing the things referred to in 8 (b) (iii) and (iv) (including, as the case may be, inspecting, collecting, repairing and providing you with a replacement for the Goods) and you must bear any other expenses of claiming on the Warranty.
(v) (A) Only the original purchaser of the Goods (as indicated in the order for the Goods) is entitled to make a claim on the Warranty. The Warranty is not transferable.
(B) The Warranty only applies if the Goods have not been installed or are as originally installed. The Warranty will not apply if the Goods were originally installed and then re-installed somewhere else, even if in the same premises.
(C) The Warranty does not apply:
(I) if the Goods are used for commercial purposes or installed in commercial premises;
(II) if the Goods have been improperly installed;
(III) if the Goods have been altered;
(IV) to normal wear and tear, shrinkage, expansion or fading of the Goods;
(V) if the Goods have been exposed to water, salt, chemicals, pollutants or other like things which may affect the Goods; and
(VI) to any damage to the Goods.
(vi) The Australian Consumer Law also requires Sunshine Blinds to state in relation to the Warranty that:
(A) Sunshine Blinds gives the Warranty and the name, address, telephone number and email address of Sunshine Blinds are:
Sunshine Blinds (Vic) Pty. Ltd. ACN 153 184 340
Building 3, 31-41 Joseph Street, Blackburn North, Victoria 3130
Blackburn North LPO, P.O. Box 1065, Blackburn North, Victoria 3130
1 300 855 803
custservice@sunshineblinds.com.au.
(B) The Warranty is in addition to other rights and remedies you may have under a law in relation to the Goods to which the Warranty relates.
(C) 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if thegoods fail to be of acceptable quality and the failure does not amount to a major failure.
9. Specifications
(a) Sunshine Blind’s policy is one of continuous development, and Sunshine Blinds therefore reserves the right to improve, change, alter or discontinue the quality, sizes, finishes, weight, measurements, fabrics, materials, designs, patterns, shades, tints, colours and other like specifications of Goods without prior notice.
(b) Sunshine Blinds therefore encourages you to place an order for your anticipated future needs for further Goods or alternatively to speak to Sunshine Blinds Customer Service about how long particular Goods and specifications may be available to order.
10. Goods Return Policy
(a) Goods may only be returned if they are damaged (prior to delivery), not the ordered goods or defective or otherwise as provided by the Australian Consumer Law.
(b) Customers wishing to return Goods which they believe meet the requirements of 10 (a) must contact Sunshine Blinds Customer Service to arrange collection of the Goods by Sunshine Blinds. Collection of returned Goods by Sunshine Blinds does not constitute acceptance by Sunshine Blinds that the return of the Goods meets the requirements of 10 (a).
(c) If Goods are collected for consideration as to whether the return of the Goods meets the requirements of 10 (a), but do not meet those requirements they will be returned to you once you pay Sunshine Blinds the delivery charges for the return of the Goods. Sunshine Blinds will not, however, charge you for collecting the Goods in accordance with 10 (b) even if they do not meet the requirements of 10 (a).
11. Force Majeure
Sunshine Blinds shall not be liable for any loss or damage of any kind arising from non-delivery or delay in delivery of any Goods or services caused by a cause beyond the reasonable control of Sunshine Blinds, such as acts of God, strikes, lock out, labour disputes, fire, flood, drought, power restrictions, act of government, acts of terrorism, delays in transport, breakdowns in machinery, failure to obtain or shortages of raw materials or other supplies obtained from 3rd parties.
12. Miscellaneous
Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy provided by law (including, without limitation, the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
These Conditions are subject to variation by Sunshine Blinds from time to time by Sunshine Blinds amending these Conditions as they appear on Sunshine Blinds website or by notice in writing to you.
Headings used in these Conditions are for convenience only and shall be ignored in construing these Conditions.
“Australian Consumer Law” has the meaning ascribed to that term by the Competition and Consumer Act 2010.
“GST” has the meaning ascribed to that term by A New Tax System (Goods and Service Tax) Act 1999.
“Sunshine Blinds” means Sunshine Blinds (Vic) Pty. Ltd. ACN 153 184 340.
“Sunshine Blinds website” means the website at www.sunshineblinds.com.au.
“You” and “Your” means the person or entity who places an order using the Sunshine Blinds website for Goods.
Any provision of these Conditions which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Conditions, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.
These Conditions and any contract entered into between Sunshine Blinds and you as a result of you placing an order for Goods using the Sunshine Blinds website shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and you hereby submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom.