Terms & Conditions

Terminology

Us, Our, We – refers to both Real Estate Blinds and Blind Safe Australia You, Your – refers to you the client, visitor, web user or person using the web site Agent, Agents – refers to real estate managers and/or property managers Blind, Blinds – a window covering specifically a roller blind, venetian blind, roman blind or honeycomb blinds Product, Products – blinds, curtains, blind and curtain spare parts Code – the Australia legislation at a state and federal level Material – documents supplied by us to you Blind Material – fabric used on roller blinds, roman blinds or honeycomb blinds. Cookies – a small text file created by a website to be stored to keep track of user preferences

Contents

1. Your rights regarding your access to this website and the services provided

2. Your rights regarding the use of this website

3. Intellectual property

4. Substantial Performance regarding the Services and Offers

5. Privacy

6. Fees and charges

7. Refunds

8. Accuracy of information

9. Availability of website

10. Third Party sites

11. Warranty

12. Indemnity

13. Limitation of Liability

14. Modification of terms

15. General

1. Your rights regarding your access to this website and the services provided

(a) The terms as stated in this clause cover your access and use of:

(i) The websites

http://realestateblinds.com

http://blindsafeaustralia.com.au

(ii) Any services provided through these websites, which includes:

(A) Blind or curtain repairs

(B) Free measure

(C) Blind or curtain installation

(D) Supplying of blinds or curtains

(E) Customization of blinds away from the address of installation

(F) Customization of blinds at the address of installation

(G) Auditing of your properties blinds and curtains

(H) Bringing blinds and curtains up to code

(I) Replacement of blinds or curtains

(J) Any other services that we may provide at our own discretion

(iii) Any documents supplied by us to you in relation to the services we offer.

(b) If you do not agree with these Terms, do not access or use this Website or the Services or any materials contained on this website and our other website as mentioned (1, a, i).

(c) By using realestateblinds.com, blindsafeuastralia.com.au or the Services you agree to abide by all the terms and conditions as stated within these ‘Terms and Conditions’ page as displayed on this website. Both realestateblinds.com and blindsafeaustralia.com.au have their own terms and conditions pages however both terms and conditions texts are identical, therefore they are the same terms and conditions. Abiding by one of these terms and conditions implies that you accept the other. Both these terms and conditions are subject to changes.

(d) To use our services or place an order through us you agree that you are 18 years old or older.

(e) To use our service or place an order through us you agree you are either an agent, property manager, property maintenance person, interior designer, an authorized contractor or a professional working within the property market.

2. Your rights regarding the use of this website

(a) You may view, print and/or download material that is permitted by us for personal, non-commercial use only.

(b) When using our website, you agree you will not:

(i) Modify or remove any copyrighted web material or any other material connected to us.

(ii) Use robots or any other automatic device or manual process to copy any Content or Documents without our prior written consent.

(iv) Create any links to our website without written permission from us.

(v) Post or transmit any computer viruses that can be harmful to our coding.

(vi) Post any material that interrupts the functionality of our website.

(vii) Impose an unreasonable load that effects our websites infrastructure.

(c) You are responsible for notifying us about any changes to your contact details or information we have requested from you in relation to the services we provide.

(d) This website is available Australia wide only and not for any other country to use.

3. Intellectual property

(a) This clause on intellectual property is in relation to:

(i) The website, that includes all the content, material, the format, the coding, the graphics, the information and the arrangement of this information.

(ii) Any documents issued by us.

(iii) Any logos, branding or advertising that is in connection with Real Estate Blinds or Blind Safe Australia.

(b) You are not permitted to use any trademarks, logos or copyrighted information that is licensed or owned by Blind Safe Australia or Real Estate Blinds without written permission.

4. Substantial Performance regarding the Services and Offers

The minimum requirements to achieve substantial performance for our services and offers:

(a) Blind or curtain repairs – A blind or curtain is either fixed, repaired, taken down or replaced. Replacement of any item will occur fees see our prices for details or contact us for prices.

(b) Free measure – We travel out to your job site, Sydney only, and measure where the window coverings are to be installed.

(c) Blind or curtain installation – We travel out to your job site, Sydney only, and install the window coverings into the correct locations with the correct fittings.

(d) Supplying of blinds or curtains – We order and deliver your blinds. Fees may apply see our prices for details or contact us for prices.

(e) Customization of blinds away from the address of installation – We shorten your roller blind or venetian blind at our own premises. Fees and conditions apply see our prices for details or contact us for prices and further details.

(f) Customization of blinds at the address of installation - We shorten your roller blind or venetian blind at the property the blinds are to be installed into. Fees and conditions apply see our prices for details or contact us for prices and further details.

(g) Auditing of your properties blinds – We provide a detailed report on the current state of all the blinds or curtains within a household, including any items that maybe missing or repairs needed to be done in order to bring the blinds up to code.

(h) Bringing blinds and curtains up to code – We supply and install the parts required for the blinds or curtains to be brought up to code.

(i) Replacement of blinds or curtains – We supply and install a replacement blind or curtain if the blind or curtain cannot be brought up to the Australian code. Fees apply see our prices for details or contact us for prices.

(j) Month by month payment system – We accept the 50% deposit and perform substantially on the services. The following 50% that is left over is payed to us in 6 installments over a 6 month period. This is limited to orders over $1000. Fees apply see our prices for details or contact us for further information.

(k) 1-4 day installation guarantee – we supply blinds or curtains for your job and also install these products within 1-4 working days. This is relation to currently stocked products only, contact us for information regarding stocked products. If we are unable to keep our promise you are entitled to a 10% discount on the price for each individual window covering we couldn’t complete in the given time period.

(l) 1-4 day repair or replacement guarantee – we repair or supply blinds or curtains or spare parts for your job and also install these products within 1-4 working days. This is relation to currently stocked products only, contact us for information regarding stocked products. If we are unable to keep our promise you are entitled to a 10% discount on the price for each individual window covering or repair we couldn’t complete in the given time period.

5. Privacy

(a) In regards to your personal information and use of information you provide us:

(i) All information you provide to us is knowingly and voluntarily submitted.

(ii) All information you provide us is for contact records or database records and no other reason unless stated.

(iii) Any information sent from our website is stored in our achieves for backup and record keeping purposes only.

(b) It is to our uppermost intention to make sure our policies abide by all current Australian privacy laws.

(c) Any banking or credit card details will be used for the purpose of conducting transactions and no other purpose. Credit card details will be disposed of after use.

(d) We use cookies only for added convenience and statistical information. If you do not wish to allow us to receive cookies, it is your responsibility to switch this setting off on your computer.

(e) Under circumstances information is requested by the law we reserve the right provide this information to the law for goodwill.

(f) No data transmission over the internet is secure and we will not be held liable for any damages or loss you may occur due to data being stolen, lost or modified.

(g) If any of the information you have provided us is incorrect or not accurate it is your right to update information by contacting us over this website or by phone.

(h) All information will be kept in password protected accounts which will have restricted access to our employees.

(i) If you have any further questions or enquires about Privacy you can contact us though realestateblinds.com or by phone.

6. Fees and Charges

(a) Before we start performing on any of our services you agree to pay us a 50% deposit. We will provide banking details upon being contacted. All prices displayed on our websites include GST and are in Australian dollars.

(b) We have the right to change prices at any time without providing any notification. If you have paid a deposit you are entitled to the original price prior to the change on that item, product or service.

(c) Our minimum service charge is $60 for us to travel and attend a job site. This is excluding any free measures, free consultations, or free audits.

7. Refunds

Your rights regarding refunds include:

(a) You are entitled to refunds before a service has commenced or product has been ordered and not installed. Refunds occur a 10% refund surcharge on the total refund price. You may also be charged for transaction fee to process the refund.

(b) In most cases you are not entitled to a refund on any prior transaction costs.

(c) Depending on your bank refunds may take up to 3-8 working days.

(d) Once we have performed substantially and you have accepted the work you have 7 days to make any claims. Claims must include faults related to the third party. We will work to the best of our ability to resolve an issue that may arise with you and any third party you may have a problem with regarding the products we provided to you. Any faults that fall on our behalf will either be fixed, replaced or have a full refund of the price of the individual service not including the refund surcharge and not including the transactional fees, this is dependable on the situation and this decision will be made by us. We are only liable to compensate you for the cost of the services/items and will not compensate you for any losses you may have occurred.

(e) If your products are unobtainable due to a system problem/failure that is the fault of the third party, you will be entitled to a refund if the third party can’t come to a solution to fix their own fault.

(f) You are not entitled to a refund if:

(i) You obtained any of our products/services through fraudulent activity;

(ii) We suspect fraudulent activity;

(g) You are only entitled to a refund on the services/products we offer and we will not be held liable for any damages our services/products may cause you to occur

(h) The refund must be a bank transfer.

(i) If we fail to perform a service substantially and the fault is entirely on us and not related to any of our third parties, you will be entitled to a full refund that does not include any surcharges, any transaction fees, any resource fees, any labour fees, or any other fees. However, we are entitled to uninstall or undo the previous particular work we failed to provide.

8. Accuracy of information

We have been using all reasonable attempts to ensure the accuracy and completeness of information on this website, however we are not responsible for any information that we make available on this website that is not accurate or complete. Any reliance upon the information or material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material, terms and conditions and the information contained on this website or our other websites as mentioned (1, a, i).

9. Availability of website

(a) We will exercise to the best of our ability the functionality of this website but not warrant that the website is bug free, doesn’t have excessive load times, is error free, is virus free, or any other interferences that may occur using our website. Use this website at your own risk and perform your own computer virus checks to avoid issues from arising.

(b) You will not be notified of scheduled maintenance. This will be handled in the slowest traffic times to reduce the impact and inconvenience. We will handle this as fast and efficiently at possible.

(c) If there is an emergency, system failure or we have to do major repairs to the website we will do so immediately and will not provide any details of the website being unavailable. If this is the case, we will not be held accountable for any losses that may occur.

10. Third Party sites

(a) Regarding links on our websites to any third-party sites if you choose to access these third-party sites you do so at your own risk and own responsibility.

(b) When accessing a third-party website or dealing with a third party you agree you must abide by their terms and conditions and policies.

(c) We are in no way affiliated with any third parties and are a separate legal entity.

11. Warranty

(a) In regards to the warranty you will be covered for:

(i) The services we provide, excluding the free services.

(ii) The products we supply, this is limited to the blinds, curtains and blind and curtain spare parts.

(iii) Items listed on the tax invoice for any works we undertake for you.

(b) We provide a 3-year warranty on all new blinds or curtains supplied by us. This warranty covers faulty Blind Material and labor defects.

(c) Warranty claims that are covered entitle you to free replacement of parts and free labor to install the replacement parts.

(d) You are not entitled to a warranty if:

(i) Your product(s) suffers damage or is defected due to weathering, corrosion, abuse, regular wear and tear, the blind is damaged by an item or accessory not installed or supplied by us, the blind is damaged from incorrect use or the blind has been altered by anyone other than us.

(ii) Warranty claims on free service or free product

(iii) Warranty claims for a repair service we have provided.

(iv) You fail to provide us with a receipt or substantial evidence of proof of purchase.

(e) The owner of the products is responsible to cover the repair costs if the damage or defect is caused by an accident, intentional damage, fire, misuse, abuse, neglect, vermin damage, dirt or moisture or other foreign substances.

(f) We reserve the right to make the decision whether we replace the product, remove the current product and/or provide a full refund.

(g) If replacement of the product is not available we will to the best of our ability match the color, fabric and style of the blind or curtain being replaced.

(h) You have 7 days from installation to make any claims regarding marks, holes, scuffs or fabric defects, after 7 days these claims will not be valid and excluded from any warranty.

(i) You are only entitled to a warranty claim within the time from the date of receiving the products or date of installation to that exact calendar day and month 3 years into the future.

(j) This warranty is limited to the products and services supplied by us.

(k) It is your responsibility to notify us of any warranty claims through our website or by phone.

12. Indemnity

You indemnify us of any legal costs, fees or expenses that maybe associated with any legal action you take against us for any breach that relates to these terms and conditions and our other policies we have provided on this website. This is including but not limited to all of the services we offer.

13. Limitation of liability

(a) It is of your own risk and responsibility to use our website and services. We will not be held liable for any loss you may occur resulting from downloading material, reliance on our website or reliance on any information in relation to our website.

(b) Regarding any services or products we supply, any additional implied conditions, warranty, statutory consumer guarantee or rights, excluding the warranty clause (12), will be excluded to the maximum extent permitted by the Competition and Consumer Act 2010 and any other laws that apply.

(c) To the maximum extent permitted by the law we exclude any liability that may be imposed on us as a result of your usage of our content, the web material, the documents, your material, this website and our products/services. Where liability cannot be excluded it will be limited in accordance with section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010.

(d) To the maximum extent permitted by law we will not be held liable for any direct or indirect loss, costs or damages that you incur or claims, in relating to any IP claims, computer viruses, loss of connection to our website or loss of your materials or any impacts to the value of property.

(f) Relying on this website, the contents, the information and the documents is at your own risk. You indemnify us against any loss or damage you, your business or a third party may occur due to relying on this website, the contents, the information and the documents.

14. Modification of terms

(a) We have the right to amend these terms and conditions at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website.

(b) You are responsible for keeping up to date with our terms and conditions by reviewing them regularly. Continued use of this website implies you consent to these changes.

15. General

(a) Regarding the Terms and Conditions for both realestateblinds.com and blindsafeaustralia.com.au both Terms and Conditions have identical text. Agreeing with one of them implies you agree with both.

(b) These terms and conditions are written to comply with the laws of New South Wales, Australia. All jurisdiction will be handled under the laws of this state.

(c) If any part of these terms and conditions is for any reason declared invalid or unenforceable, the remaining portion is still enforceable and fully valid.