Terms & Conditions

1.    Purchasing Conditions

1.1.  PAAK Pty Ltd ABN 16 615 054 718 via the website shadesbyyou.com.au is proud to offer you the convenience of purchasing shutters and blinds through our online store.

 

Please review the Terms & Conditions contained in this website and note that PAAK Pty Ltd is not liable to you for any loss in connection with the use of this website or a linked website. Your use of our website will imply your agreement with these Terms & Conditions.  Feel free to contact us via hello@shadesbyyou.com.au should you have any questions.

 

1.2.  When you proceed to checkout in the effort to purchase products (Ordering Process), the Ordering Process is subject to a confirmation of the order by the transfer of monies from credit card, bank or other mechanism to PAAK Pty Ltd’s bank account. Only once the funds have cleared we will begin the process of delivering your order.

 

2.    Jurisdiction

2.1.  These Terms & Conditions will be deemed to have been made and entered into within the state of Victoria, Australia and will be governed and construed in accordance with the laws of the state of Victoria.

2.2.  The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute, save as exist in the state of Victoria, Australia.

3.    Warranties

3.1.  We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We do not warrant that your access to the Website will be uninterrupted or error free or that any defects will be corrected.

3.2.  We may, from time to time, change or add to this website (including these Terms & Conditions) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

3.3.  We expressly disclaim all conditions and warranties, express or implied, in respect of the provision of the Service. If any condition or warranty is implied into these Terms & Conditions pursuant to any legislation, and the legislation avoids or prohibits provisions in a contract, excluding or modifying the application of, or exercise of, or any liability under such conditions or warranty, the conditions or warranty will be deemed to be included in these Terms & Conditions, provided that our liability for breach shall, if the law so permits, be limited in our sole discretion to:

  • the re-supply of the Services; or

  • the cost of re-supply of the Services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.

 

3.4.  We will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of the Service.

3.5.  Without limiting our rights in 3.3 and 3.4 above, We and our employees, contractors and agents will not be liable for any failure to perform their and our obligations if such failure arises from such circumstances reasonably beyond their and our control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.

3.6.  We will not be responsible for delays or failures in accessing the service, or processing of transactions, or transactions being declined, or by your financial institution or bank delaying or failing to implement any instructions.

3.7.  We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond our reasonable control, or otherwise.

4.    Returns and Refunds

4.1.  shadesbyyou.com.au goes to great lengths to source the very best product for our customers. Our reputation depends on it. As such, our Returns and Refunds statement includes the rights you have under the Australian Consumer Law and provide you with additional benefits in addition to those rights simply because your satisfaction is important to us.

4.2.  If you are concerned with your shutters or blinds please contact us via hello@shadesbyyou.com.au. Please note that we may firstly request a photo of the product and can only replace that product if we receive the faulty product first.

 

4.3. It is the responsibility of the purchaser to report any damage that is suspected of being a result of transportation or manufacturing to Shades by You within 5 days of receiving the goods. Thereafter, Shades by You will not be held responsible for suspected damage. 

 

5.    Delivery & Re-Delivery

5.1.  Once we have dispatched products to the destination as advised by you, we can no longer be made accountable for the products from this point on.

5.2.  Delivery times detailed on our website are based on information provided by our courier and are by no means a guarantee made shadesbyyou.com.au. These times are subject to fluctuation as a result of influences that are beyond our control.

6.    Online Privacy Statement

6.1.  We only use or disclose information about our customers in ways they would expect. This means we only use information to meet your requirements of us or improve our website. As such you acknowledge that your personal information may need to be disclosed:

  • to perform the Service;

  • to enable Us to send You relevant marketing information;

  • to enforce and apply these Terms & Conditions; and/or

  • as otherwise permitted or required by law.

 

6.2.  We always provide customers with an opportunity to opt-out of receiving future offers via e-mail. If you don’t wish to receive new information, click ‘unsubscribe’ at the bottom of each e-mail or just e-mail us at hello@shadesbyyou.com.au and we will delete your details from all internal marketing lists and future campaigns.

 

6.3.  Notwithstanding our efforts to ensure that the service is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the Service, or electronic mail transmitted to and from you, will be secure.

6.4.  Please note that this policy only covers the shadesbyyou.com.au website. Links within this website to other websites are not covered by our Online Privacy Statement. Furthermore, links to other websites are followed at your own risk.

 

7.    Termination

7.1.  We may terminate or suspend the service, or your use of the service, for any reason at any time. We will try to notify you in advance, but we are not obliged to do so.

7.2.  If the service is terminated you are not relieved of your responsibility to pay outstanding fees or charges and you are not relieved of other liabilities.

 8.    Sub-contracting

8.1.  We may subcontract all or part of our rights or responsibilities to independent contractors or other third parties at our discretion.

9.    Waiver

9.1.  We shall not be deemed to have waived any of our rights or remedies under these Terms & Conditions unless such waiver in in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver or such rights or remedies.

 10.  Changes to Our Terms & Conditions

10.1.    shadesbyyou.com.au reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our website following the posting of changes to these Terms & Conditions will mean you accept those changes. 

Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

11. Entire agreement

11.1.These Terms & Conditions constitute the entire agreement and understanding between you and us and supersede any and all prior communications, representations and/or agreement.

12.  Defined terms

Bill means the invoice which sets out an amount to be paid by you to us.

Linked website, links means a reference on shadesbyyou.com.au which may link to another website.

Our, we, us, PAAK Pty Ltd, hello@shadesbyyou.com.au means PAAK Pty Ltd ABN 16 615 054 718

Service, services means the purchase of products by you and the packaging and delivery of products by us.

Website means shadesbyyou.com.au

You, your means you as the customer.