Discount Blinds’ Terms and Conditions

Definitions

“Agreement” refers to these terms and conditions, along with any quotations, orders, invoices, or other documents that are expressly stated to be part of this Agreement.

“Cookies” are small files stored on a user’s computer, designed to hold a modest amount of data specific to a particular client and website. These can be accessed by the web server or the client’s computer. If a Customer prefers not to use Cookies while on Discount Blinds’ website, they can enable or disable them through the website’s provided option before making inquiries.

“Customer” refers to any individual, entity, or person acting on behalf of and with the authority of the Customer who requests services from Discount Blinds, as outlined in any proposal, quotation, order, invoice, or other documentation. This term includes:

  • Each Customer jointly and severally, if there is more than one.
  • Each partner jointly and severally, if the Customer is a partnership.
  • Trustees, if the Customer is part of a Trust.
  • The Customer’s executors, administrators, successors, and permitted assigns.

“Discount Blinds” refers to Discount Blinds Limited T/A Discount Blinds, including its successors and assigns.

“Goods” encompass all goods or services provided by Discount Blinds to the Customer upon request (the terms ‘Goods’ or ‘Services’ are interchangeable).

“Price” means the amount payable (plus any applicable Goods and Services Tax (GST)) for the goods as agreed between Discount Blinds and the Customer, in line with clause 5.

Acceptance

Both parties agree that:

  • They have read and understood these terms and conditions.
  • By placing an order or accepting the delivery of goods, they accept and are bound by these terms and conditions, jointly and severally.

In the event of any conflict between this Agreement and any prior documents, the terms of this Agreement shall prevail. Amendments to this Agreement can only be made in writing with the consent of both parties.

The Customer must complete and have a credit application approved by Discount Blinds before any goods are supplied on credit. If the requested supply exceeds the Customer’s credit limit or the account exceeds payment terms, Discount Blinds may refuse delivery.

Any advice or recommendations provided by Discount Blinds regarding goods or services are given in good faith and based on their own knowledge and experience. If such advice is not followed, the Customer must authorize the commencement of services in writing. Discount Blinds is not liable for any damages or losses occurring after service commencement.

Supply of goods for accepted orders is subject to availability. If goods are unavailable, Discount Blinds reserves the right to adjust the price with alternative goods, subject to prior agreement from both parties.

Electronic signatures are accepted by either party as long as they comply with Section 226 of the Contract and Commercial Law Act 2017.

Errors and Omissions

The Customer acknowledges that Discount Blinds shall not be liable for any errors or omissions resulting from inadvertent mistakes in the formation or administration of this Agreement, or contained in any literature supplied by Discount Blinds regarding the services.

If such errors or omissions occur and are not due to negligence or willful misconduct by Discount Blinds, the Customer cannot treat the Agreement as void but is not responsible for any additional costs incurred due to the error or omission.

Change in Control

The Customer must provide Discount Blinds with at least fourteen (14) days’ written notice of any change in ownership or other details (e.g., name, address, contact details, change of trustees, or business practice). The Customer is liable for any loss incurred by Discount Blinds due to non-compliance with this clause.

Price and Payment

Price Determination

The total price payable is dynamically determined and displayed on the product page as customers select different custom options on our website. The final amount, including any adjustments based on custom specifications, will be clearly shown at checkout.

Price Adjustments

Prices may adjust in real-time based on your selections (e.g., size, materials, additional features). All price variations are automatically calculated and displayed directly on the product page and during the checkout process.

Payment Terms

Immediate Payment:

All payments must be made immediately upon order confirmation via our secure online payment gateway.

Payment Methods: We accept all major credit cards through our WooCommerce platform.

Allocation of Payments

Payments are processed and finalised at the time of purchase, ensuring immediate confirmation of your order.

Sales and Price Adjustments

Discount Blinds reserves the right to adjust or discontinue any prices, promotions, or sales at any time without prior notice. Once an order has been placed and fully paid for, the price at the time of payment will be honoured, and no further changes will apply to that transaction. Special quotations requested and received remain valid for 7 days from the date of issue.

Non-deductibility and Withholding

Customers are not entitled to withhold payment for any claimed or alleged discrepancies. All disputes must be handled separately without affecting the payment of the purchased products.

Taxes and Additional Charges

All prices include Goods and Services Tax (GST) as applicable in New Zealand. Any other applicable taxes or duties required by law will also be included and displayed during the checkout process.

This revised section is crafted to fit the online business model, emphasising real-time price adjustments, immediate online payments, and clear tax and charge displays which are essential for a transparent and effective eCommerce operation.

Refund Policy

Due to the bespoke nature of our made-to-measure blinds, we are unable to offer refunds once an order has been placed. Each blind is custom-made according to the specific measurements and preferences you provide, which means they cannot be resold.

Responsibility for Measurements

It is crucial that measurements are accurate. We strongly encourage you to double-check all measurements before placing your order. If you need guidance on how to measure your windows correctly, please refer to our detailed measuring instructions available on our website or contact our customer support team who are ready to assist you.

Quality Guarantee

While refunds are not available, we stand by the quality of our products. If your order does not match the specifications you provided due to a manufacturing error, or if there is a defect in the materials or workmanship, please contact us immediately. We are committed to correcting any such issues promptly.

Delivery of Goods

Delivery occurs when:

  • The Customer or their nominated carrier takes possession of the goods at Discount Blinds’ address.
  • Discount Blinds or their nominated carrier delivers the goods to the Customer’s address, even if the Customer is not present.

Delivery costs are additional to the price. Discount Blinds may deliver goods in separate installments, each invoiced and paid according to these terms and conditions. Delivery times are estimates, and Discount Blinds is not liable for any loss or damage from late delivery. If the Customer’s actions cause delivery issues, Discount Blinds may charge for redelivery and/or storage.

Credit Card Information

Discount Blinds will:

  • Retain the Customer’s personal and credit card details only as long as necessary.
  • Not disclose credit card details to any third party.
  • Only disclose Personal Information as per the Privacy Policy or as required by law.

If there are unpaid charges, outstanding amounts, or lost/damaged goods supplied on trial, Discount Blinds can charge the Customer’s credit card for these amounts.

Online Ordering

The Customer acknowledges that:

  • Discount Blinds does not guarantee website performance or availability of any particular goods.
  • All online orders are subject to confirmation.
  • Online ordering may be unavailable during maintenance or upgrades.
  • Delays or errors in data transmission are possible, and Discount Blinds is not liable for losses from such issues.
  • Transactions through the website use SSL encryption technology to ensure security.
  • If the Customer is not the cardholder, they must have permission to use the card.

Discount Blinds may terminate an order if false or misleading information is provided, other users are interfered with, or terms and conditions are violated.

Risk

Risk of damage or loss passes to the Customer upon delivery. The Customer must insure the goods. If goods are damaged or destroyed before ownership passes to the Customer, Discount Blinds is entitled to insurance proceeds.

Moiré Effect

The Moiré Effect can occur when viewing overlapping lines or dots, potentially causing adverse reactions in some people. Discount Blinds is not liable for any such reactions or for replacing or refunding goods due to this effect.

Accuracy of Customer’s Plans and Measurements

Discount Blinds relies on the accuracy of any plans, specifications, and other information provided by the Customer. Discount Blinds is not responsible for any loss, damages, or costs resulting from inaccuracies. The Customer must verify the accuracy of measurements and quantities before placing an order.

Specifications

Descriptive specifications, illustrations, dimensions, and weights provided by Discount Blinds or the manufacturer are approximate and for identification only. They do not constitute a sale by description unless expressly stated in writing by Discount Blinds.

Access

The Customer must ensure Discount Blinds has clear access to the worksite. Discount Blinds is not liable for any site damage unless due to their negligence.

Compliance with Laws

Both parties must comply with all applicable statutes, regulations, and bylaws, including WorkSafe health and safety laws. If the Customer supplies materials, they accept responsibility for their suitability and quality. If materials do not conform to regulations, Discount Blinds may halt services until conforming materials are sourced, with associated costs invoiced to the Customer.

Title

Ownership of goods passes to the Customer only when all amounts owed to Discount Blinds are paid. Until then:

  • The Customer holds the goods as a bailee and must return them on request.
  • The Customer holds insurance proceeds for the goods in trust for Discount Blinds.
  • The Customer must not sell, dispose of, or convert the goods except in the ordinary course of business.
  • Discount Blinds can enter premises to recover goods.
  • Discount Blinds can recover goods in transit.

Personal Property Securities Act 1999 (PPSA)

This Agreement constitutes a security agreement, and a security interest is taken in all goods supplied by Discount Blinds to the Customer. The Customer must:

  • Sign further documents or provide information required to register a financing statement.
  • Reimburse Discount Blinds for registration expenses.
  • Not register a financing statement without Discount Blinds’ consent.
  • Advise Discount Blinds of material changes in business practices.

The Customer waives the right to receive a verification statement. Actions taken by Discount Blinds under this clause are ratified by the Customer.

Security and Charge

The Customer charges all of their rights, title, and interest in any land or assets capable of being charged to secure performance of obligations under this Agreement. The Customer indemnifies Discount Blinds for costs incurred in exercising rights under this clause. Discount Blinds is appointed as the Customer’s attorney to perform necessary acts to enforce this clause.

Defects

The Customer must inspect goods immediately upon delivery and notify Discount Blinds of any defects within twelve (12) hours. If defects are confirmed, Discount Blinds may replace or repair the goods. Goods returned must be in original condition with all packaging. Discount Blinds will reimburse reasonable return costs if defects are confirmed. Discount Blinds will not accept goods returned for credit.

Warranty

Discount Blinds warrants workmanship for three (3) years from the delivery date. The warranty does not cover defects caused by improper maintenance, misuse, or fair wear and tear. The warranty ceases if goods are altered without Discount Blinds’ consent. For goods not manufactured by Discount Blinds, the manufacturer’s warranty applies.

Consumer Guarantees Act 1993 and Fair Trading Act 1986

For business purposes, the Consumer Guarantees Act 1993 does not apply. Discount Blinds abides by the Fair Trading Act.

Default and Consequences of Default

Interest on overdue invoices accrues daily at 2.5% per month. The Customer indemnifies Discount Blinds for debt recovery costs. If payment is reversed illegally or fraudulently, the Customer is liable for the reversed amount and related costs. Discount Blinds may cancel orders if payment is overdue, credit limits are exceeded, or insolvency occurs.

Cancellation

If either party breaches obligations, the other party may suspend or terminate supply or purchase of goods. Discount Blinds may cancel orders due to circumstances beyond control, refunding any payments made. The Customer may cancel orders within twenty-four (24) hours of placement. Orders for custom or non-stock items cannot be canceled once production starts.

Privacy Policy

Discount Blinds handles Personal Information in compliance with the Privacy Act 2020. Any data breaches will be notified to the Customer. Privacy limitations apply to Cookies used on the website. The Customer authorizes Discount Blinds to access, retain, and use personal information for credit assessment and marketing. The Customer can request copies of personal information and request corrections. Complaints can be made to the Privacy Commissioner.

Service of Notices

Notices are deemed given and received by handing them in person, leaving them at the address, sending by registered post, facsimile, or email to the last known email address.

Trusts

If the Customer is acting as a trustee, they warrant full authority to enter into this Agreement. The Agreement extends to all rights of indemnity against the trust and trustees.

General

Failure to enforce any provision does not waive the right to enforce it later. If any provision is invalid, the remaining provisions remain valid. This Agreement is governed by New Zealand law and subject to Auckland Courts’ jurisdiction. Liability under this Agreement is limited to the price. Discount Blinds may assign rights and obligations without the Customer’s consent. Subcontracting is allowed but does not relieve Discount Blinds of liability. Amendments to terms for future contracts will be communicated in writing. Neither party is liable for defaults due to force majeure events. Both parties warrant their authority to enter into this Agreement.