Shades Of Australia – Terms & Conditions
Definitions
In these Terms & Conditions, unless the context otherwise requires:
• ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Company, we, us or our means Shades of Australia.
• Customer, you or your means the person or entity accepting a quotation or placing an order with Shades of Australia.
• Goods means all products supplied by Shades of Australia, including but not limited to blinds, awnings, shutters, fabrics, componentry and accessories.
• Services means all services provided by Shades of Australia, including measuring, consultation, manufacturing coordination, delivery and installation.
• Quotation means the written quotation issued by Shades of Australia and accepted by the customer.
• Installation Date means the date agreed for installation of the Goods.
1. Payment Terms
• A deposit of 50% of the quoted price is required upon acceptance of the Quotation and prior to manufacturing commencing.
• The final balance will be invoiced when the Installation Date is booked and confirmed and must be paid in full prior to installation, unless otherwise agreed by Shades of Australia in writing.
• Final payment must be made by credit card or electronic bank transfer. Proof of payment must be provided to accounts@shadesofaustralia.net.au prior to installation.
• Title to Goods remains with Shades of Australia until payment is received in full. This does not affect any rights or remedies available to the customer under the ACL once the Goods are supplied.
• This clause applies regardless of whether a qualified electrician is required to complete electrical connections following installation.
• In the event of inclement weather (including rain, wet ground, lightning or high winds), Shades of Australia may postpone external installations and reschedule for a later date at no fault of either party.
2. Fabric & Stock Policy
• Samples are provided as a guide only. Minor variations in colour, weave and texture may occur between samples and finished Goods due to manufacturing processes and batch variations.
• If a selected product, fabric or component becomes unavailable after an order is placed, Shades of Australia will notify the customer as soon as reasonably possible. The customer may choose to:
select an alternative product or colour.
wait for restock; or
select a different range, with any price difference advised prior to proceeding.
• Roller blinds wider than 1500mm may experience fabric movement and may not hang perfectly flat. This is an inherent characteristic of wider blinds.
• Environmental factors such as heat, humidity and sunlight may cause fabric movement, shrinkage or expansion. To the extent permitted by law, these characteristics are not considered manufacturing defects unless they exceed what a reasonable consumer would expect.
Nothing in this clause excludes or limits any guarantees provided under the ACL.
3. Cancellation of Orders (Australian Consumer Law)
• If the customer cancels an order after it has been accepted, Shades of Australia may retain or deduct an administration fee of $250, representing a genuine estimate of reasonable costs incurred up to the time of cancellation.
• These costs may include (but are not limited to): administration, order processing, employee time, documentation, system setup, supplier liaison, scheduling and project management.
• Where additional reasonable costs have been incurred — including the commencement of manufacturing, custom production or procurement of Goods — Shades of Australia may recover those costs in accordance with the ACL.
• Any refund due will be calculated after deducting the applicable administration fee and any other reasonable costs incurred and will be processed via the original payment method within a reasonable timeframe.
Nothing in this clause limits or excludes the customer’s rights under the Australian Consumer Law.
4. Installation
• Shades of Australia will provide installation Services with reasonable care and skill.
• The customer is responsible for ensuring the installation area is clear, accessible and safe prior to installation. Shades of Australia is not responsible for damage to furniture or items left in the installation area.
• Installers are required to wear appropriate footwear at all times to comply with workplace health and safety and insurance requirements. Footwear will not be removed during site visits.
• The customer (or builder/owner) is responsible for providing adequate floor protection where required. Installers will clean footwear where reasonably practical prior to entering the premises.
• To the extent permitted by law, Shades of Australia is not responsible for damage arising from pre-existing conditions, concealed services or structural issues that could not reasonably be identified prior to installation.
5. Measurements & Site Conditions
• Measurements are taken based on visible and accessible site conditions at the time of measure.
• Shades of Australia is not responsible for variations caused by out-of-square walls, uneven surfaces, structural irregularities or concealed conditions that could not reasonably be identified at the time of measurement, unless otherwise agreed in writing.
• Changes made to the site after measurements are taken may result in variations to the finished Goods, installation limitations or additional costs.
Nothing in this clause limits any rights or remedies available under the ACL.
6. Access, Site Readiness & Delays
• The customer must ensure the premises are safe, accessible and ready for installation at the agreed time, including clear access to installation areas and availability of power where required.
• Shades of Australia is not responsible for delays or additional costs arising from restricted access, incomplete building works, unsafe site conditions or the site not being ready for installation.
7. Electrical & Third-Party Works
• Certain Goods may require electrical connection or commissioning by a licensed electrician (for example, motorised blinds, awnings or control systems).
• Where Shades of Australia introduces or recommends an electrician, this is done as a referral only. The electrician is an independent third party and does not act as an agent, employee or subcontractor of Shades of Australia.
• Any electrical works are quoted, contracted and invoiced separately by the electrician directly to the customer. Shades of Australia does not receive payment for, control, supervise or warrant the electrical work unless expressly stated in writing.
• Shades of Australia is not responsible for the electrician’s workmanship, compliance, delays, availability, pricing or conduct, to the extent permitted by law.
• Installation of the Goods may be completed prior to electrical connection. Final commissioning and operation may be dependent on completion of the electrician’s works.
Nothing in this clause limits any rights or remedies available to the customer under the Australian Consumer Law.
8. Warranty
Manufacturer’s Warranty
• Shades of Australia provides a 3-year warranty from the date of installation to the original purchaser that Goods will be free from manufacturing defects.
• This warranty applies only where:
the Goods have been paid for in full;
the Goods were supplied and installed by Shades of Australia; and
the Goods remain in their original place of installation.
• The warranty does not cover:
fair wear and tear;
misuse, neglect or abnormal use;
exposure to extreme weather conditions;
damage caused by failure to retract external products during high winds, heavy rain or overnight periods;
fabric movement, shrinkage or expansion due to environmental conditions.
• Oversized or railroaded blinds are not recommended for certain applications and are not covered under this warranty. Customers will be advised where this applies.
• Minor pinholes or imperfections in blockout coatings may occur as part of the manufacturing process and are not considered defects.
• External awnings and folding arm awnings are designed primarily for sun protection and must be retracted during adverse weather and when the property is unattended. Damage caused by failure to do so is not covered under warranty.
• If a defect is identified during the warranty period, the customer must notify Shades of Australia within a reasonable time.
• A service call-out fee may apply for warranty inspections requested more than 3 months after installation. No call-out fee applies within the first 3 months.
ACL Notice
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.
9. Photos & Images
• The customer permits Shades of Australia to take photographs for measuring, installation records and quality assurance.
• With the customer’s consent (provided upon acceptance of the Quotation), Shades of Australia may use images of the installed Goods for marketing and promotional purposes, including website, social media, showroom displays and advertising.
• Customers may withdraw consent for marketing use at any time by providing written notice. Shades of Australia will make reasonable efforts to remove images from future use within a reasonable timeframe.
10. Changes to Terms & Conditions
• Shades of Australia may update or amend these Terms & Conditions from time to time.
• Any updated Terms & Conditions will apply to new Quotations or orders accepted after the date of update and will not apply retrospectively to existing contracts unless required by law.
• The most current version of the Terms & Conditions will be made available upon request or via Shades of Australia’s official communication channels.
Nothing in this clause limits any rights or protections available to the customer under the ACL.
11. Governing Law
These Terms & Conditions are governed by the laws of Victoria, Australia.
12. Privacy
• Shades of Australia collects, uses and stores personal information provided by customers for the purposes of preparing quotations, supplying products, arranging installation, managing warranties and conducting general business operations.
• Personal information is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
• Shades of Australia may disclose personal information to third parties only where reasonably necessary to fulfil the contract (including suppliers, installers or service providers), where authorised by the customer, or where required by law.
• A copy of Shades of Australia’s Privacy Policy is available upon request or via Shades of Australia’s official website.
13. Severability
If any provision of these Terms & Conditions is found to be unenforceable, the remaining provisions will continue to apply.
14. Additional Information
• Windows must be clear of existing window coverings prior to installation. A surcharge of $25 per window may apply where removal is required. Disposal of existing window coverings is not included unless otherwise agreed in writing.
• Further information relevant to your order may be found on our website at www.shadesofaustralia.net.au.
