Terms and Conditions
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.spcurtains.com.au
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Terms and conditions for SP Curtains Products
These Terms and Conditions constitute a contract between the customer (you) and SP Curtains.
In these Terms and Conditions “We”, “Our” or “Us” means SP Curtains; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
- Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with SP Curtains. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
- Website Use
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
All prices displayed on the Website are subject to change at any time without notice.
All prices listed on the Website exclude Delivery Costs. Unless otherwise indicated. Delivery Costs are shown separately on an Order.
- Product Specifications
Features and specifications of Products described or depicted on the Website are subject to change without notice.
All dimensions of Products described in the Website have a 5% tolerance.
You may place an Order by following the instructions on the Website.
Orders will be deemed to have been received by SP Curtains at the time SP Curtains sends an Order confirmation to Your nominated e-mail address.
SP Curtains is an online business and will primarily communicate with Customers via phone or e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
SP Curtains may cancel Your Order at any time prior to dispatch of the Products.
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
SP Curtains does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
SP Curtains shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of SP Curtains (or its affiliates), and SP Curtains shall be entitled to a reasonable extension of time for the performance of such obligations.
We use PayPal as our preferred payment method. You may provide your nominated credit card during the purchase process described on the Website. For further information on PayPal please visit their website. www.paypal.com.au
Payment for Orders will be processed immediately upon confirmation of Your Order.
If Your nominated payment method triggers Our fraud prevention protocols, we may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
- Delivery and ownership of the goods
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. SP Curtains does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by SP Curtains and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
The couriers or postal services nominated by SP Curtains will deliver Products during local business hours (9am to 5pm, Monday to Friday).
SP Curtains is not responsible for the delivery times of Products. Whilst every effort is made to deliver the items to you within our specified time we cannot control Australia Post and its nominated companies.
- Faulty or damaged goods
SP Curtains will replace faulty or damaged Products in accordance with the Warranty Terms and Conditions.
- Refunds and returns
All refunds may take up to 5 business days to be processed.
Other than in accordance with the 14 Day Money Back Guarantee, refunds are strictly limited to those available under clauses implied by statute.
In order to facilitate a return under these Terms and Conditions, e-mail firstname.lastname@example.org
The Customer must comply with directions from staff to facilitate a return.
Returned Products must be returned in their original packaging and must be in a re-saleable condition.
It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
To the extent permitted by law:
we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
- Intellectual Property
All Intellectual Property in any Material on the Website is the property of SP Curtains. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
By placing your Order or otherwise contacting SP Curtains, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other SP CURTAINS Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
SP Curtains reserves the right to make changes to the SP Curtains Website and these Terms and Conditions without notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by SP Curtains to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by SP Curtains does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of SP CURTAINS Products from www.spcurtains.com.au these SP CURTAINS Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
No SP Curtains employee or agent has the authority to vary any of the Terms and Conditions governing any sale.