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TERMS AND CONDITIONS

1. ACCEPTANCE

1.1 Parties: These Terms are between BootiBlind (ABN 45 859 107 665), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Order Form (referred to as “you”). These Terms apply to all Goods provided by us to you.

1.2 Acceptance: You have requested the Goods set out in the Order Form. You accept these Terms by:

(a) making part or full payment for the Goods

(b) accepting the Order Form online;

(d) confirming in writing including by email that you accept the Order Form.

1.3 You agree that these Terms form the agreement under which we will supply Goods to you.

Purchasing Goods from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms.

Our Contact details:

Carolyn Schuler as The Trustee for Moffitt Family Trust (trading as BootiBlind)
ABN 45 859 107 665
PO Box 2744, Ascot QLD 4007
Contact Person: Carrie Schuler
Title: Founder
Email: info@bootiblind.com.au

2. GOODS

2.1 Unless otherwise agreed between Parties in writing, we will not dispatch the Goods until we receive payment in full.

2.2 We may provide the Goods to you using our employees, contractors and third-party providers, and they are included in these Terms.

2.3 Prices for our Goods are subject to change without notice.

2.4 We reserve the right at any time to modify or discontinue the Goods (or any part or content thereof) without notice at any time.

2.5 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Goods.

2.6 We reserve the right to refuse any order you place with us for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2.7 Where the Goods are unavailable, we may cancel any Order Form to which these Terms apply or cancel delivery of Goods at any time before the Goods are delivered. On cancellation, we shall repay to you any money paid by you in advance for the Goods. We shall not be liable for any loss or damage whatsoever arising from such cancellation.

3. PRICE AND PAYMENT

3.1 You agree to pay us the amounts set out in our Order Form.
3.2 All amounts are stated in Australian dollars.
3.3 Payment may be made by way of payment methods as set out in our Order Form when purchasing our Goods.
3.4 In the event that we provide an invoice to you, you agree to pay our Invoices by the payment date set out on the Invoice. If you do not pay by the payment date, we may cease to provide the Goods to you until we receive payment.
3.5 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.
3.6 If invoices are unpaid after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.7 We reserve the right to report bad debts to independent credit data agencies.
3.8 Online payment partner: We may use third-party payment providers (Payment Providers) to collect payment of the Price. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting payment of the Price.

4. DISCOUNT CODE

4.1 You may apply a valid Discount Code on your Order Form which will be deducted from the total Price.
4.2 Valid on full price Goods only, excludes sale and clearance items.
4.3 The Discount Code is only valid for one use with a minimum purchase of $50 AUD.
4.4 The Discount Code cannot be used in conjunction with any other offers and cannot be retrospectively applied to previous orders.
4.5 Discounts, promotions and coupons are offered at our sole discretion.
4.6 Goods purchased with a Discount Code are subject to our usual returns policy in clause 9.
4.7 Discount Codes may expire in accordance with its terms.
4.8 We reserve the right to alter or change this clause 4 at any time without notice to you.

5. YOUR OBLIGATIONS AND WARRANTIES

5.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Goods without express written permission by us.
5.2 You warrant that:

(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us, and provide us with information that is reasonably necessary to enable us to supply the Goods as requested from time to time, in a timely manner;
(c) the information you provide to us is true, correct and complete, including but not limited to vehicle measurements, purchase and delivery information;
(d) you will follow any instruction provided by us to you when using the Goods, including but not limited to any instructions set out in our website https://bootiblind.com.au ;
(e) you agree and acknowledge that it is your responsibility to ensure that your vehicle will not be damaged as a result of using the Goods and that we are not liable for any damage to your vehicle such as scratches to paintwork;
(f) you will ensure that the vehicle is in a safe location and secured before using the Goods;
(g) you will measure the dimensions of your vehicle before placing your order to ensure that the Goods purchased are the correct size for the vehicle;
(h) you will not infringe any third-party rights in working with us and receiving the Goods;
(i) you will not employ, canvass, solicit, entice, induce or attempt to employ our employees or contractors.

6. DELIVERY

6.1 Delivery of the Goods is taken to occur at the time that:

(a) you (or your nominated carrier) takes possession of the Goods at our address; or
(b) we (or our nominated carrier) delivers the Goods to your nominated address even if you are not present at the address.

6.2 Unless otherwise agreed between Parties in writing, the cost of delivery is in addition to the Price.
6.3 Any delivery timeframe given by us to you is an estimate only. You must still accept delivery of the Goods even if late and we will not be liable for any loss or damage incurred by you as a result of the delivery being late.
6.4 Unless notified otherwise by you, we will not be obliged to obtain a signed receipt or other acknowledgement from any person at the nominated place for delivery.
6.5 We reserve the right to refuse delivery to specific locations. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.
6.6 Where we are not obliged to obtain a signed receipt or other acknowledgement from any person at the nominated place for delivery or where we are instructed by you to leave Goods outside our premises for collection then such Goods shall be left at your sole risk.

7. TITLE

7.1 Title in any Goods we supply to you does not pass to you until they have been paid for in full.
7.2 Risk of damage to or loss of the Goods passes to you on delivery.

8. DEFECTS, WARRANTIES, RETURNS

8.1 You must inspect the Goods immediately on delivery. If the Goods arrive clearly and significantly damaged, you should take photos or video showing the damage, refuse to accept the delivery and contact us immediately.
8.2 You must notify us as soon as reasonably possible, preferably within 2 Business Days of delivery, in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or Order Form.
8.3 You must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident.
8.4 Upon such notification you must allow us to inspect the Goods.
8.5 Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (CCA)), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms (Non-Excluded Guarantees). We acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
8.6 Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we make no warranties or other representations under these Terms including but not limited to the quality or suitability of the Goods. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
8.7 If you are a consumer within the meaning of the CCA, our liability is limited to the extent permitted by section 64A of Schedule 2.
8.8 If we are required to replace the Goods under this clause or the CCA, but are unable to do so, we may refund any money you have paid for the Goods.
8.9 If you are not a consumer within the meaning of the CCA, our liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to you by us at our sole discretion;
(b) limited to any warranty to which we are entitled, if we did not manufacture the Goods;
(c) otherwise negated absolutely.

8.10 Subject to this clause 8, returns will only be accepted provided that:

(a) you have complied with the provisions of clause 1 and 8.2; and
(b) we have agreed that the Goods are defective; and
(c) you have completed a returns form (if applicable);
(d) the Goods are returned within a reasonable time at your cost (if that cost is not significant); and
(e) the Goods are returned in as close a condition to that in which they were delivered as is possible.

8.11 Notwithstanding clauses 1 to 8.10 but subject to the CCA, we shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) you failing to properly preserve or store any Goods;
(b) you using the Goods for any purpose other than for which they were intended;
(c) you continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
(d) you failing to follow any instructions or guidelines provided by us;
(e) any accident or act of God.

8.12 We will not accept the return of non-defective Goods such as change of mind or ordering incorrect sizing, unless otherwise agreed between Parties in our sole discretion.
8.13 To the extent permitted by law, Goods custom ordered to your specifications are not acceptable for credit or return.
8.14 Notwithstanding anything contained in this clause, if we are required by law to accept a return then we will only accept a return on the conditions imposed by that law.

9. CONFIDENTIAL INFORMATION

9.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you, and not for any other purpose.
9.2 These obligations do not apply to Confidential Information that:

(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.

9.3 This clause will survive the termination of these Terms.

10. OUR INTELLECTUAL PROPERTY

10.1 We own the Intellectual Property rights in:

(a) our pre-existing Intellectual Property, including but not limited to copyright which subsists in all creative and literary works incorporated into our pre-existing Intellectual Property; and

(b) intellectual Property that we create during the course of the services, including but not limited to copyright which subsists in all creative and literary works in all Intellectual Property that we create during the course of the services; unless we assign or transfer this to you. This Intellectual Property is protected by Australian and international laws.

10.2 Nothing in these Terms constitutes an assignment or transfer of our Intellectual Property rights, or a right to use our Intellectual Property, whether registered or unregistered, except as stated in these Terms or with our written permission.

10.3 You must not breach our Intellectual Property rights by, including but not limited to:

(a) altering or modifying our Intellectual Property;
(b) creating derivative works from the Intellectual Property; or
(c) using our Intellectual Property for commercial purposes such as on-sale to third parties.

10.4 This clause will survive the termination of these Terms.

11. FEEDBACK AND DISPUTE RESOLUTION

11.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Goods, please contact us.
11.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.

(b) If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

11.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

12. TERM AND TERMINATION

12.1 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
12.2 We may terminate these Terms immediately, at our sole discretion, if:

(a) you commit a non-remediable breach of these Terms;

(b) you commit a remediable breach of these Terms and do not remedy the breach within a reasonable time after receiving written notice of the breach;

(d) you fail to provide us with clear or timely instructions to enable us to provide the Goods;

(e) for any other reason outside our control which has the effect of compromising our ability to supply the Goods within the required timeframe; or

(f) you fail to pay an invoice by the due date.

12.3 On termination of these Terms you agree that you are to pay for all Goods provided to you prior to termination.
12.4 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and/or Intellectual Property.
12.5 On completion, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
12.6 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms

13. LIMITATION OF LIABILITY AND DISCLAIMERS

13.1 Delay: Where the provision of Goods depends on your information or response, we have no liability for a failure to supply the Goods, where it is affected by your delay in response or supply of incomplete or incorrect information.
13.2 Referrals: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their Goods. We make no representation or warranty about the third party advice or provision of Goods, and we disclaim all responsibility and liability for the third party advice or provision of Goods, or their failure to advise or provide Goods.
13.3 Availability: To the extent permitted by law, we exclude liability for:

(a) Orders being cancelled by us;

(b) the Goods being unavailable; and

(c) any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Goods or the late supply of Goods, even if we were expressly advised of the likelihood of such loss or damage.

13.4 Disclaimers: To the extent permitted by law we disclaim all responsibility and liability for:

(a) any items in the order that are unavailable;

(b) where you order an incorrect size based on incorrect vehicle measurements/configuration;

(c) any damage or injury caused where you have failed to follow any instructions or guidelines provided by us to you, e.g. using the Goods on a vehicle whilst the vehicle is running;

(d) any infringement of your privacy whilst using this product;

(e) inclement weather;

(f) any damage caused to vehicle paintwork;

(g) any delays in delivery of the Goods (all delivery dates are estimates).

13.5 This clause will survive the termination of these Terms.

14. INDEMNITY

14.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(a) any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation;

(b) your breach of these Terms;

(d) your breach of any law or third party rights.

14.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
14.3 This clause will survive the termination of these Terms.

15. GENERAL

15.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
15.2 Publicity: You consent to us stating that we provided Goods to you including but not limited to sharing photos and videos, to mentioning you on our website and social media platforms and in our promotional material.
15.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
15.4 GST: If and when applicable, GST payable on the Price for the Goods will be set out on our invoices. You agree to pay the GST amount at the same time as you pay the Price.
15.5 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
15.6 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including any restrictions caused by a global pandemic.
15.7 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to the relevant address in the Order Form. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
15.8 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
15.9 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

16. DEFINITIONS

16.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Queensland, Australia
16.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, whether indirect, incidental, special, consequential and/or incidental, and whether involving a third party or a Party to the Terms or otherwise.
16.3 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and Goods, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".
16.4 Discount Code means the code applied in the Order Form to receive a specified discount deducted from the total Price.
16.5 Prices are set out in the Order Form.
16.6 GST means GST as defined in the A New Tax System (Goods and Goods Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
16.7 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
16.8 Party and Parties means a party or parties to these Terms.
16.9 Order Form means the order form sent to you or the online checkout/order form to which these Terms form part.
16.10 Goods are set out in the Order Form.
16.11 Terms means these terms and conditions.