Terms of Sale
TERMS OF SALE
These terms and conditions (Terms) are applicable to the sale of any products (consisting of tracks, screens and brackets) (Products) by Twenty Six Letters (Firm) from www.twentysixletters.com.au and its related pages (Website) and are the entire terms relating to such a sale unless otherwise agreed in writing. By you or any person on your behalf (Consumer) placing an order for Products with the Firm, the Consumer agrees to these Terms. The Terms may be amended from time to time by the Firm and notified to the Consumer via the Website.
All orders of Products must be made via the Website and in accordance with any ordering instructions on or referred to on the Website or otherwise notified to the Consumer, which include that the Consumer must select the Products it wishes to purchase, including colours, designs, materials, tracking or other elements, based on the options available on the Website from time to time (Selections) and must provide, strictly in accordance with the measurement guidelines on or referred to on the Website or otherwise notified to the Consumer (Guidelines), accurate measurements of the location where the Products are intended to be installed by the Customer (Measurements) (which information together will be an Order)
For “custom orders” of Products the “custom ordering” instructions must be used, which include that the Consumer must provide details to the Firm and discuss with the Firm the details and nature of Products it wishes to purchase, including Selections and Measurements (which information together will be also an Order).
Once the Consumer has submitted an Order, the Consumer must make payment for the Order in accordance with the payment methods on or referred to on the Website or otherwise notified to the Consumer. An Order will only be deemed to be placed when the Consumer has both submitted it and made payment for it.
By placing an Order, the Consumer warrants it is not a legal minor and is over the age of 18 years and it has full and due capacity and authority to make the Order, including to make full and complete payment by any permitted methods.
Once the Firm has received the Order and full cleared payment, the Firm will send the Consumer receipt of payment, a summary of the Order and a final design document setting out details of the Products in the Order and the Consumer must give express approval to both of these documents by email or any other method notified to the Consumer by the Firm to confirm its order (Order Confirmation). For “custom orders”, the Firm will send the Consumer a receipt of payment, summary of the Order and an initial design document setting out the designs from which the Consumer must choose a preferred design or request permitted changes (as set out below) by email or other method notified to the Consumer by the Firm, following which the Firm will send the Consumer the final design document setting out details of the Products in the Order which the Consumer must give express approval to and make any payment for the Products that is then required (also an Order Confirmation). A “custom order” Order Confirmation will only be deemed to be confirmed and made when the Consumer has both submitted it and made further payment for it.
On receipt of the Order Confirmation by the Firm, the Order will be processed in accordance with it and it will be deemed binding on the Consumer (Final Order).
2. Changes to Orders
Before providing an Order Confirmation, the Consumer may, by email or other notification method accepted by the Firm, make any amendments to the Order as set out in a final design document or, for custom orders, an initial design document (Amendments). The Consumer acknowledges that Amendments may increase the price of the Order and additional payment to the Firm will be required if notified by the Firm. The Firm may in its sole discretion refuse to make any Amendments to the Order, including if any Amendments are not in accordance with any instructions for ordering on or referred to on the Website or as otherwise notified.
The Consumer must make payment for any Amendments (if applicable) and any Amendments will only be deemed to be made in accordance with Clause 1 above.
Once any Amendments are provided and full cleared payment (if applicable), the Firm will send the Consumer a further receipt of payment, summary of the Order with the Amendments included and a design document setting out the details of the Products in the Order with the Amendments included and the Consumer must give express approval to it to both of these documents by email or any other method notified to the Consumer by the Firm (also an Order Confirmation).
Upon receipt of the Order Confirmation and full cleared payment of any additional payment (if applicable), the Order will be processed in accordance with the Order Confirmation and be deemed binding on the Consumer (also a Final Order).
The Consumer may only add to or amend an Order up until a Final Order is made under this Clause 2, unless the Firm at its discretion agrees otherwise in writing.
3. Reliance on Final Order
A Final Order Is binding on the Consumer and the Products will be manufactured, supplied and delivered based upon the Final Order. The Consumer must enter all details into any Order and any Amendments as accurately as possible and the Consumer acknowledges the Products will be ‘made to order’ based upon the Final Order and the Firm will rely on all the information the Consumer provides.
4. Price and Payment
All prices for Products are as contained or referred to on the Website or otherwise notified to the Consumer. The Firm may at its sole discretion from time to time update the price of Products. The price of the Products in an Order is the price at the date the Order or any Amendment (if applicable) is submitted, unless due to any delay in obtaining a Final Order, the Firm notifies the Consumer that prices have changed since the Order or Amendment was made. All prices will include a delivery fee as contained or referred to on the Website, as otherwise notified to the Consumer or as set out in the Order or any Amendments (if applicable). All prices will be inclusive of the applicable Goods and Services Tax (GST).
The Firm accepts no liability for unauthorised use of the Consumer’s payment, credit card or bank account details, including due to fraud, forgery or other acts.
The Firm will manufacture the Products in reliance on the details in a Final Order. As Products are ‘made to order’ the Consumer acknowledges Products may take up to 6 weeks from a Final Order, or any longer period contained or referred to on the Website or as is otherwise notified to the Consumer, to manufacture.
6. Cancellations and Refunds
The Consumer may cancel an Order at any time, but the Consumer acknowledges and agrees that:
(a) if an Order is cancelled prior to the Final Order the Firm may only refund the amount remaining after the deduction of any services and materials supplied or used by the Firm up until the date the cancellation is received by the Firm, which will be 10% of the payment made by the Consumer, unless the Firm reasonably determines otherwise based on the services and materials actually supplied or used by the Firm up until that date.
(b) If the Order is cancelled after a Final Order is received that no amount will be refunded unless the Firm determines otherwise at its sole discretion.
7. Delivery of the Products
Following manufacture of the Products, the Firm will use reasonable endeavours to dispatch the Order within the date specified in the Final Order (Delivery Date) but the Consumer acknowledges that the Delivery Date is an estimate only and that time is not of the essence in respect of the Delivery Date, and the Firm shall not be liable in any circumstance for any delay in the delivery of the Products. All deliveries will be made to the Consumer’s address as it appears in the Final Order.
All Products will be sent via post or carrier chosen by the Firm or any method that is contained or referred to on the Website or otherwise notified to the Consumer. The Firm is not liable for damage during the transportation or delivery of the Products or for any inability to deliver Product in accordance with the Final Order.
8. Acceptance of the Products
Upon delivery of the Products, the Consumer must examine the Products carefully and promptly notify the Firm of any defects or other issues, or if any part of the Products is missing. Title and risk to the Products (excluding intellectual property) will pass to the Consumer, and the Consumer will bear the risk of any and all loss, damage or deterioration of the Products, upon delivery to the Consumer, except as set out in the warranties below.
The Consumer cannot return or receive a refund on the Products after delivery, except where the Products do not comply with the warranties made under these Terms or are not in accordance with the Final Order. To avoid doubt, the Consumer acknowledges a defect will not be a defect of the Firm if it has occurred as a result of inaccurate information provided by the Consumer in the Final Order.
9. Assembly, Installation and Use
The Consumer acknowledges and agrees the Consumer is solely responsible for the entire assembly, installation and use of the Products and must assemble, install and use the Products strictly in accordance with the assembly, installation or use instructions contained or referred to on the Website or otherwise notified to the Consumer, including any accompanying delivery of the Products (Instructions).
The Consumer expressly acknowledges and agrees that Products will not include any fittings required for the installation of the Products by the Consumer, nor any advice, instructions or recommendations by the Firm on such fittings. The Consumer expressly acknowledges and agrees that it is solely responsible for selecting and using appropriate fittings for the installation of the Products and the Firm has not provided any advice, instructions or recommendations on fittings.
The Consumer expressly acknowledges and agrees that if it selects the "Recess Mounted" fixing method that it is solely responsible for fixing a Product to any applicable surface, lintel or existing structural beam and that the Firm has not provided any advice, instructions or recommendations of any kind about whether any such surface, lintel or existing structural beam is suitable to affix the Product to, or to hold or carry it, and that it is the sole responsibility of the Customer to ensure any such surface, lintel or existing structural beam is suitable for or capable of carrying the weight load of the Product or being affixed.
The Firm, except to the extent required under the Competition and Consumer Act 2010 (Act), does not make any other representations or warranties as to the merchantability or fitness for a particular purpose of the Products or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or the Products, Guidelines, Instructions or any other information shown on the Website.
The “DecoGlide™” Product is warranted to be free from manufacturing defects in materials and workmanship including tracking, brackets and end stops, and in the event that a DecoGlide™ is found to be defective in such materials or workmanship, the Firm will at its discretion repair or replace the Product that fails to conform to this warranty. To activate this warranty, the Consumer must contact the Firm within 12 months of delivery of the Product to organise the return of the Product to the Firm. The Firm will not cover any other costs including returning a Product, freight or packaging charges or any costs of removing, storing or re-installing a Product. Upon return of the defective Product, the Firm will inspect it to evaluate the warranty claim and if the Product is determined to be defective or damaged due to factors not expressly included within this warranty, the Consumer will be required to cover all costs of repair, replacement, return or re-use of the Product. In the event a Product cannot be replaced with any original Selections, it will be replaced with the closest currently available colours, designs, materials, tracking or elements of an equivalent nature, as determined by the Firm in its discretion.
Please note that colours depicted on the website may vary from the final Product.
This warranty does not cover any Product that fails due to accident, alteration, misuse, abuse, misapplication, improper handling, installation, operation, use or cleaning, normal wear and tear (including normal fabric fraying and loss of colour intensity from prolonged use, exposure to salt air, damage from insects or pets) including (without limiting anything else in these Terms) due to the assembly, installation or use as not carried out strictly in accordance with the Instructions. In addition, this warranty does not cover any naturally inherent characteristics of a Product, including any variations in colour, grain and texture, natural markings (knots, mineral deposits etc. ) or minor bowing or warping of any timber materials.
This warranty is non-transferable and it applies only to the Consumer personally.
The Firm does not make any representations or warranties of any kind as to the fittings required for installation of the Products or in relation to the suitability of the Products to any such fittings that may be selected or used by the Consumer.
Except to the extent required by the Act, the Firm will not be liable in contract, in tort or in equity for any loss or damage (including incidental, indirect, special or consequential loss or damage) arising out of or relating to the Website, the information and images therein, an Order, Order Confirmation, any Amendments, Final Order or Products supplied except as expressly as is set out in these Terms.
The Firm‘s liability for breach of any condition or warranty implied by the Act (except Section 69) is, at the Firm’s option, limited to replacement of goods, supply of equivalent goods or payment of the cost of replacing or acquiring equivalent goods, or to supplying services again or payment of the cost of having services supplied again.
Without limiting the above, the Consumer acknowledges that the Firm accepts no responsibility or any liability for the Selections or Measurements made by the Consumer, and the Consumer acknowledges that the Guidelines and Instructions are to be strictly observed and followed by the Consumer at its own risk of loss, and the Firm does not accept any responsibility or liability for any information or errors therein provided by the Consumer in the Final Order, or for the installation of the Products, including failure of the Consumer to do all things necessary to ensure the installation and fittings are suitable and safe to install the Products.
The Consumer releases and forever discharges the Firm, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third party claim, except to the extent that any legislation applies and cannot be lawfully excluded.
The Consumer will indemnify and hold harmless, and keep indemnified, the Firm, its officers, employees and agents against any loss or damage of any kind that is excluded under these Terms, including from any third party claim or any property or injury to or death of any person, or caused as a result in any way by a breach by the Consumer’s of these Terms, any negligent act or omission or wilful misconduct of the Consumer or any claim, suit or action bought against the Firm as a result of the Consumer’s use of Products, including assembly or installation.
This Clause 12 contains continuing separate obligations and survives termination.
13. Intellectual Property
The Consumer acknowledges the Firm is the owner or licensee of all intellectual property rights in the Products and all works and designs therein and nothing in these Terms grants or gives the Consumer any intellectual property rights in the Products, works or designs, which to avoid doubt are now assigned to the Firm.
Until receipt of the Final Order, the Firm reserves its right to refuse service, terminate an Order or change or remove Website content including Guidelines, at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by the Consumer in any way (including due to negligence) as a result of refusal, termination, change or removal, or in connection with the Consumer’s reliance on the Order in any way, other than a refund that is permitted under these Terms.
If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Victoria, Australia.