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Terms and Conditions

TERMS AND CONDITIONS OF SALE

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and King Shutters & Screens (ABN 75 954 939 915) and apply to the ordering purchase, fulfillment and delivery of goods from King Shutters & Screens. By placing an order for Goods from King Shutters & Screens you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of Goods.

YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that King Shutters & Screens represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

PRICING & TAXES

King Shutters & Screens reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by King Shutters & Screens.

By placing an Order you agree to pay the price for the Goods.

All prices Deliver quoted are in Australian dollars and are exclusive of GST.

ORDERS

You can place an Order by following the instructions on the relevant King Shutters & Screens website.

An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge.

King Shutters & Screens may accept or reject your offer in its absolute discretion. In particular, but without limitation, King Shutters & Screens may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact info@kingshutters.com.au.

Each Order that you place will, if accepted by King Shutters & Screens, be a separate and binding agreement between you and King Shutters & Screens with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

If you place an Order for someone else to receive the Goods you must obtain their consent before providing King Shutters & Screens with their personal information and, by placing an Order, you confirm to King Shutters & Screens that you have done this.

Please ensure that you enter all information carefully when placing an Order. You warrant to King Shutters & Screens that all information provided by you in relation to each Order is complete, true and accurate.

Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by King Shutters & Screens . King Shutters & Screens will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), King Shutters & Screens will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by King Shutters & Screens, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Where you place separate orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. King Shutters & Screens cannot consolidate separate orders into one delivery.

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), King Shutters & Screens will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

CANCELLATION OF ORDERS

King Shutters & Screens reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. King Shutters & Screens may do this for example, but without limitation, where:
King Shutters & Screens’s suppliers are unable to supply Goods that they have previously promised to supply;
an event beyond King Shutters & Screens’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that King Shutters & Screens is unable to supply the Goods within a reasonable time;
Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
you ask King Shutters & Screens to cancel your Order

You may cancel your Order where King Shutters & Screens:
has breached a material term of this Agreement;
is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside King Shutters & Screens ‘s control.

Where King Shutters & Screens cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
In the event of King Shutters & Screens or you cancelling your Order after payment has been processed, King Shutters & Screens will refund any money paid in respect of that Order.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, King Shutters & Screens will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
AVAILABILITY OF GOODS

As King Shutters & Screens is dependent upon its Suppliers to provide stock, King Shutters & Screens cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. King Shutters & Screens reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), King Shutters & Screens will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
DELIVERY

Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
Goods will generally only be delivered to addresses within Australia. King Shutters & Screens is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. King Shutters & Screens may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.
Where requested, King Shutters & Screens will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, King Shutters & Screens will call you to arrange an alternative delivery address.
Following dispatch of your Goods, King Shutters & Screens will email you with confirmation of dispatch and an invoice for your Order.
On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
take your Goods to our delivery service provider’s local depots;
take your Goods to a King Shutters & Screens nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.
If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, King Shutters & Screens will use reasonable endeavors to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
King Shutters & Screens will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery. Please note that the estimated delivery time is an approximate delivery time only and is not a guaranteed delivery time for your Order.
PICK-UP OF GOODS IN STORE – “CLICK AND COLLECT”

Many Goods can be picked up from a King Shutters & Screens store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store. You must contact King Shutters & Screens to confirm the pick up availability.
Only the relevant King Shutters & Screens Account holder may pick-up in-store Goods ordered on that Account.If you choose to pick up your Order in store, your Order should be available for pick up in store:
When picking up Goods in store:
you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow King Shutters & Screens to take a copy of this identification for fraud prevention purposes. The copy will not be used by King Shutters & Screens for any other purpose or disclosed to any person outside of King Shutters & Screens;
store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
you will also need to bring the email that King Shutters & Screens has sent to you confirming that the stock is available for pick-up; and
store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event King Shutters & Screens will contact the person who placed the Order using the contact details provided.
In respect of the estimated time for collection, references to “same day” or “next day” on the Website exclude public holidays where King Shutters & Screens does not trade in the State or Territory of your nominated collection store.
DELAY IN AVAILABILITY OR DELIVERY OF GOODS

You agree and acknowledge that:
King Shutters & Screens does not guarantee the dispatch or delivery or availability of Goods within the time frames, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other time frames otherwise specified by King Shutters & Screens or any of its staff;
stock availability and events outside King Shutters & Screens ‘scontrol may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither King Shutters & Screens nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
REFUNDS OF YOUR MONEY

Where King Shutters & Screens is obliged to refund your payment pursuant to these Terms and Conditions, King Shutters & Screens aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if King Shutters & Screens is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), King Shutters & Screens will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
RETURNS/FAULTY OR DAMAGED GOODS

You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case, you should contact King Shutters & Screens on www.kingshuters.com.au as soon as possible.
When returning Goods:
please provide King Security Shutters with your proof of purchase;
it is a requirement for the fulfillment of refunds, exchanges and warranties that Customers use their best endeavors to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
MORE INFORMATION ABOUT King Shutters&Screens’s LIABILITY TO YOU

To the full extent permitted at law,King Shutters & Screens is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
PRIVACY

King Shutters & Screens policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions
GENERAL

King Shutters & Screens reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceable, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
These Terms and Conditions are governed by the laws of Victoria, Australia.
Revised,

11/03/2020.

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