Terms of Use

1. AGREEMENT 

•  You should read these Terms and Conditions carefully. In these Terms and Conditions the words “The Curtains Department”, “Window Furnishings Department” “we”, “our” and “us” refer to The Window Furnishings Department Pty Ltd (ACN 617 460 505) trading as The Curtains Department (“Curtains Department”) and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase of goods or services through the Site. 
• These Terms and Conditions apply to you, the Site user and your usage of the Site and associated software, networks and processes, including the purchase of goods or services through the Site. 
• By browsing the Site, or placing an Order, you agree to these Terms and Conditions. 

2. INTERPRETATION 

• In these Terms and Conditions:
  
  “Agreement” or “Terms and Conditions” means these Terms and Conditions, including all the terms of any Order placed by you the user through the Site (if applicable).
  
  “Customer” means the person or legal entity identified in a The Curtains Department quote, invoice or sales document.
  
  “Delivery Cost” means the costs associated with delivery as specified in an Order.
  
  “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
  
  “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
  
  “Order” means an order for one or more Products placed by a Customer in response to an invitation to treat made by The Curtains Department through the Site.
  
  “Products” means the curtains, blinds, window furnishings or other products, including samples manufactured or supplied by The Curtains Department and the subject of an Order.
  
  “Site” means the internet site located at the URL https://curtainsdept.com.au and operated by The Curtains Department. 
• Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
  
   
  3. SITE USE 
• You must ensure that your access to, or use of the Site 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 Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. The Curtains Department takes no responsibility for any such damage which may arise in connection with your use of the Site. 
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. 
• To become a member of the Site and design your products, you must provide a valid email address. To place an Order, you must also provide your name, address, telephone number and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the Site or by contacting us at info@curtainsdept.com.au. 
• You will receive an email from us immediately after you create your membership account. 
• You may not use one email address to register for multiple accounts. 
• You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. 
• We may stop (temporarily or permanently) providing access to the Site to you, or to guests or members generally, at our discretion and without prior notice to you. 
• We may in our sole discretion terminate your account or restrict your access to the Site. If we do this, you may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Site, or change or remove Site functionality at any time without notice to you. 
• The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We will not be responsible for the content or privacy practices associated with linked websites. 
• You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content. 
• You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. The Curtains Department takes no responsibility for any such damage which may arise in connection with your use of the Site.
  
   
  4. LEGAL CAPACITY 
• You must be eighteen (18) years of age or over to register as a member of the Site or purchase Products from the Site. 
• Any Order and/or purchase made by you using this Site is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with The Curtains Department in relation to these terms. 
• The Curtains Department reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
  
   
  5. PRICING 
• All prices listed on the Site are in Australian Dollars unless otherwise specified. 
• All prices listed on the Site include GST unless otherwise specified. 
• All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders. 
• Promotional discount codes may be given at the sole discretion of The Curtains Department on terms and conditions notified at the time of the relevant offer. 
• All prices listed on the Site exclude Delivery Costs, which will be calculated depending on the number of Products you place in an Order and your delivery address. 
• You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. 
• Products will generally be delivered between 6 and 10 weeks from the time your Order is confirmed. 
• The Curtains Department does not currently deliver outside Australia. 
• The Curtains Department reserves the right to refuse a sale.
  
   
  6. PRODUCT SPECIFICATIONS AND SAMPLES 
• As all Products are custom made to the specifications provided in an Order, you are responsible for the accuracy of your design and measurements. You should ensure that you use the measuring instructions on the Site and request a free sample before placing your Order. 
• The Curtains Department cannot accept the return of Products due to your design or measurements being incorrect. 
• If you are ordering Products from measurements taken from a house plan, The Curtains Department will not be held responsible if the measurements on the building plans vary from the actual completed window measurement. 
• The Curtains Department will use its best endeavours to ensure that all Products delivered match the specifications or sample provided, however precise colours and measurements may vary slightly. Any minor or immaterial variation or change in colour or measurement between the specifications or sample and the Products delivered shall not entitle you to reject the Products nor to claim any compensation for such variation or change. We define cosmetic defects as follows: “If a defect is visible with the naked eye in natural daylight at a distance of 1.2 metres, it is not acceptable; if a defect is not visible with the naked eye in natural daylight at a distance of 1.2 metres, it is acceptable.” 
• The product information and pictures contained on the Site are provided for illustrative purposes only and may not exactly reflect the actual Product.
  
   
  7. ORDERS 
• You may place an Order by filling in the Order Form on the Site and clicking the "confirm" button. 
• Orders will be deemed to have been received by The Curtains Department at the time The Curtains Department sends an Order confirmation to your nominated e-mail address. 
• Offers for Products made by The Curtains Department on the Site do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. 
• The Curtains Department is an online business and will primarily communicate with you via e-mail. It is your responsibility to ensure your correct contact details are entered and that your nominated e-mail address is regularly checked for correspondence. 
• Each Order (once confirmed) represents a separate agreement. 
• The Curtains Department, at its sole discretion, may cancel your Order at any time prior to dispatch of the Products. 
• In the event that The Curtains Department cancels an Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund. 
• The Curtains Department accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections. 
• Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
  
   
  8. GIFT VOUCHERS 
• The Curtains Department Gift Vouchers can be purchased online. 
• Vouchers are valid for 12 months from the date of purchase, and can be used to purchase curtains online. 
• Vouchers are not transferable or refundable for cash. 
• In the event that a voucher is used for a purchase that is less than the value of the voucher, the unused value will be refunded in the form of a new gift voucher, not in cash or any other currency.
  
   
  9. PAYMENT 
• The Curtains Department currently accepts payment via Visa, MasterCard, Amex and ZipMoney. 
• Payment for Orders will be processed immediately upon confirmation of your Order. 
• You acknowledge that The Curtains Department may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions. 
• If your nominated payment method triggers The Curtains Department internal suspect transaction protocols, The Curtains Department 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.
  
   
  10. DELIVERY AND OWNERSHIP OF PRODUCTS 
• The Curtains Department tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. The Curtains Department 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 Site is the estimated date of dispatch as is reasonably estimated by The Curtains Department and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order. 
• The Curtains Department will not dispatch Products to PO box addresses. 
• Title and risk in the Products pass to the Customer on signing for delivery of the Products. 
• Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided. 
• The Curtains Department's nominated courier will deliver the Products during business hours (9am to 5pm, Monday to Friday). 
• The Curtains Department reserves the right to not ship to remote or rural locations. 
• The Curtains Department is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with The Curtains Department’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Curtains Department to a Customer in relation to delivery will be from a third party, and as such The Curtains Department cannot guarantee the accuracy of such information.
  
   
  11. REFUNDS AND RETURNS 
• Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law. 
• As all Products are custom made to the specifications in an Order and will be sent for manufacturing 24 hours after an Order is confirmed, Customers are only able to change or cancel an Order by contacting The Curtains Department within 24 hours of placing an Order. Subject to clause 10.3, The Curtains Department cannot accept any change or cancellation to an Order once manufacturing has commenced. 
• The Curtains Department will only accept the return of faulty or defective Products or Products that have been supplied incorrectly. 
• In order to facilitate a return under these Terms and Conditions, please contact us at info@curtainsdept.com.au 
• Returned Products must be returned in their original packaging with all accessories. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Products due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Products without their original packaging. 
• Subject to clause 10.7, it is the Customer’s responsibility to ensure that returned items are returned safely. The Curtains Department takes no responsibility for items lost in transit. 
• Where you are returning Products to us because of our failure to comply with a consumer guarantee, you must return the Products to us at your cost unless the Products cannot be returned, removed or transported without significant cost to you because of:
  
  (a) the nature of our failure to comply with the consumer guarantee; or
  
  (b) the size, height or method of attachment of the Products.
  Where you are returning Products to us, we take no responsibility for Products lost in transit. If clause 10.7(b) applies, we will, within a reasonable time, collect the Products at our expense. 
• Refunds may take up to 10 business days to be processed.
  
   
  12. WARRANTIES 
• The Curtains Department offers a 2-year warranty on all Products. Please read our full warranty policy located at https://curtainsdept.com.au/help/Our%20Guarantee%20to%20you for further details. 
• For claims covered by the warranty, The Curtains Department will replace or repair any Products with like or similar parts, found to be defective as a result of faulty materials. 
• The warranty excludes Delivery Costs and does not apply to any Products or parts which fail due to accident, alterations, improper use, abuse, neglect, normal wear, direct exposure to salt air, failure to follow instructions for measuring and installing or operating the Products.
  
   
  13. INTELLECTUAL PROPERTY 
• You acknowledge that all Intellectual Property in any Material on the Site is the property of The Curtains Department, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them. 
• You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Site or commercialise any information obtained from any part of the Site without the prior written consent of The Curtains Department or, in the case of third party Material, from the owner of the copyright in that Material. 
• You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.
  
   
  14. LINKING TO THE SITE 
• You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 
• You must not establish a link from any website that is not owned by you. 
• This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
  
   
  15. INDEMNITY 
• To the maximum extent permitted by law:
  
  (a) you waive, release, discharge and relinquish any and all claims that you have now or may have against The Curtains Department which are connected with, arise out of, relate to or are incidental to the use of the Site.
  
  (b) you agree to indemnify and to keep indemnified The Curtains Department, and hold The Curtains Department harmless from and against, any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by The Curtains Department arising out of or in connection with the your use of the Site, any breach by you of this Agreement or the use of any The Curtains Department Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
  
   
  16. LIABILITY 
• To the maximum extent permitted by law:
  
  (a) all guarantees, conditions or warranties expressed, incorporated or implied by law are excluded;
  
  (b) The Curtains Department shall not be liable for any indirect or consequential loss;
  
  (c) the liability of The Curtains Department (in negligence or otherwise) is limited:
  
  (i) to the resupply of Products, or the cost of having the Products supplied again (at the option of The Curtains Department) ; or
  
  (ii) as otherwise specified in these Terms and Conditions or related The Curtains Department warranties.
  
   
  17. PRIVACY 
• The Curtains Department gathers personal information about our customers for the purposes of:
  
  (a) marketing, supplying or delivering our products to you;
  
  (b) carrying out repair work (both in and out of warranty repairs);
  
  (c) improving and developing our products; and
  
  (d) expanding our business. 
• The Curtains Department is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with the law and more importantly, because we know that you care how information about you may be used and shared. 
• Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here.
  
   
  18. GENERAL 
• The Curtains Department reserves the right to make changes to the Site and Order Terms and Conditions without notice. 
• Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. 
• A failure or delay by The Curtains Department to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by The Curtains Department does not preclude its future ability to exercise that or any other power or right. 
• This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.