Terms and conditions
General terms and conditions
Please read these terms and conditions carefully, as they apply to the use of this website and the ordering, purchase, processing, fulfilment and delivery of products from ETR Architecture Pty. Ltd, ABN 41161024693. trading as Updown Blinds, made available through our website www.updownblinds.com.au.
In these terms and conditions, "We", "Us" and "Our" refers to Updown Blinds, whose business is located in Franklin, ACT, Australia. Updown Blinds is a specialist dealer for window furnishings manufactured in Germany by Sensuna GmbH. "You", "Your" or "Customer" 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.
Your official and fully paid online order, incorporating these terms and conditions, represents a legal binding agreement between you and Updown Blinds, which you will be required to read and accept at the 'checkout' process when ordering through our website. By accepting this agreement, you acknowledge that you are over the age of eighteen (18) years.
We reserve the right to add, remove or change these terms and conditions, or any other part of the website, at any time without notice and shall not be liable for any such change, addition or removal. Your continued use of the website following any changes shall be deemed to be your acceptance of such change.
Advice and products
The contents of this website do not constitute advice and should not be relied upon in making or refraining from making, any decision. Technical specifications may change at any time without warning. Information is intended for residents of Australia only.
We strive to ensure our product list is current; however, we cannot guarantee the availability of any product advertised on our website.
We do our best to upload images that are as close to the real thing as possible, and to accurately describe our products. However, images and schematics are provided for illustrative purposes only, and we do not warrant that descriptions or images are accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
Updown Blinds measure and quote service: we are happy to provide this service free of any charge in Canberra suburbs and to a reasonable distance outside Canberra (as determined by Updown Blinds). Please contact us directly and note that terms and conditions for this service and for products purchased through this service may vary from the terms and conditions listed on this web site.
All prices are in Australian Dollars (AUD) and are displayed inclusive of the Goods and Services Tax (GST). We endeavour to ensure that our listed prices are current. We reserve the right to amend our prices at any time and without notice.
All prices listed on the website exclude delivery costs. Unless otherwise indicated, delivery costs are shown separately on an order.
Orders, cancellations and amendments
Payment for orders will be processed immediately upon confirmation of your order. Upon clearance of payment and associated terms, Updown Blinds will email you an Order Confirmation, which includes an Invoice and is your proof of purchase.
Our blinds are custom made upon purchase, and cannot be re-sold if you change your mind. We forward your order directly to the factory to ensure prompt production and delivery of your blinds. A refund will not be offered, and amendments cannot be made, once the products have been ordered and payment is processed. It is your responsibility to check your measurements upon placing your order. We regret that Updown Blinds cannot replace your blinds or cancel your order if you have entered incorrect measurements.
In the unlikely event that a product has been listed at the incorrect price or with incorrect descriptive information due to typological error or similar oversight, we reserve the right to correct the pricing or to cancel a transaction. You will have the option, provided in an email to you, to cancel the order or pay the correct amount for the product. Where payment as been made, we will refund for the total amount debited and depending on your instructions, cancel the order or recharge for the correct amount. We will not be obliged to offer any additional compensation.
Updown Blinds does not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections or non-payment.
We reserve the right to reject any order, at our discretion.
Payments, processing and shipping
Please see our payments, processing and shipping section, which form part of the Updown Blinds terms and conditions.
Title of your purchased products passes to you when we have received payment. All risk of loss or damage to the products passes to you when we despatch the products.
Manufacturing and delivery times are to be used as a guideline only; they are approximate. We strive to complete your order in the timeframe quoted, but workload, stock and freight delays can affect the dates stated. We endeavour to notify you as soon as we become aware of any manufacturing delays; however, these may not be within our control.
We can accept no liability to you for any failure to deliver products you have ordered or for any delay in doing so for any change of the specified delivery date or for any damage or defects to products delivery that is caused by any event or circumstance beyond our reasonable control.
Returns and refund policy
Updown Blinds complies with Australian Consumer Law (ACL), the national law for fair-trading and consumer protection. It includes guarantees regarding repair, replacement and refunds for consumers who purchase products.
Updown Blinds will repair or replace faulty or damaged products in accordance with our warranty policy. It is the customer's responsibility to ensure that returned items are returned safely. We take no responsibility for products lost in transit.
Refunds are strictly limited to those available under clauses implied by statute. Refunds may take up to seven (7) business days to be processed.
Copyright and intellectual property
This website may contain material that is protected by trademarks, copyright and other laws. The content of this website was produced by, and remains the property of, Updown Blinds, Sensuna GmbH and MG Systems. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
When you visit our website, we give you a limited licence to access and use our information for personal use. It does not include the right to use any data mining robots or other extraction tools, or to metatag or mirror our website. Provided that you do not delete or change any copyright symbol, trademark or other proprietary notice, you are permitted to download a copy of the information on this website to your computer for personal use. Your use of our content in any other way infringes our intellectual property rights.
We welcome photos of our customers' blinds and use them in our promotional online and/or hardcopy material. When you provide Updown Blinds with photos of your blinds, or agree to an Updown Blinds representative taking photos of your blinds, you agree to allow us to use the images for promotional purposes; please specify if you do not wish this to happen.
Any comment, feedback, idea or suggestion (comments) which you provide to us through this website or via email becomes our property. You agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to or explicit permission from you or to any other person who has transmitted your comments. You acknowledge that you are responsible for the content of such comments including its legality, originality and copyright.
Limitation of liability
To the maximum extent permitted by law, Updown Blinds excludes completely all liability whatsoever for any loss or damage arising from the use of or the performance of the Updown Blinds website or its products.
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.
These terms and conditions are to be governed by and interpreted in accordance with the laws of the Australian Capital Territory (ACT), Australia. Any legal action relating to the Updown Blinds website will be conducted in the non-exclusive jurisdiction of the courts of the ACT.