TERMS AND CONDITIONS
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
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 WARRANTIES5.1 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Goods without express written permission by us.
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, RETURNS8.1 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.
9. CONFIDENTIAL INFORMATION
9.3 This clause will survive the termination of these Terms.
10. OUR INTELLECTUAL PROPERTY
10.4 This clause will survive the termination of these Terms.
11. FEEDBACK AND DISPUTE RESOLUTION
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
12.3 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
13.5 This clause will survive the termination of these Terms.
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.
15.1 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.
16.1 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.