Terms and Conditions of Sale

These Customer Terms and Conditions (“Terms”) set out the terms and conditions relating to the use of our website at https://www.motorisedshutters.com.au (“PPS Online Store”) and the contract between us for the sale of our Product(s) (“Contract”) via our PPS Online Store. These Terms do not cover the sale of our Product(s) by third parties to you.

In order to use our PPS Online Store, you must first agree to these Terms. You must not use our PPS Online Store and may not accept these Terms if you are not of legal age to form a binding contract with us.

PLEASE READ THESE TERMS CAREFULLY AND UNDERSTAND THEM BEFORE ORDERING ANY PRODUCT FROM OUR PPS ONLINE STORE.
You should understand that by ordering any Product, you are deemed to have accepted these Terms. You are recommended to print a copy of these Terms for future reference.

Subject to any consumer law applicable as at the time of the Contract, we reserve the right to amend these Terms from time to time. You are recommended to check these Terms to ensure that you understand them before placing any order for any Product as the Terms may have changed over time.

Definitions:

1. In these Terms, “we”, “us”, “our” or “MSA” means PERTH PLANTATION SHUTTERS PTY LTD (ACN 103 413 663) trading as MOTORISED SHUTTERS AUSTRALIA (ABN 96 103 413 663).

2. References to “you” or “Customer” means a purchaser of our Product(s) using our MSA Online Store.

3. References to our “Product(s)” means any product that we are selling from time to time at our MSA Online Store.

Customer representations:

4. By placing an order through our MSA Online Store, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) any information you provide to us is complete and accurate;
(d) you are resident in Australia;
(e) you are accessing our MSA Online Store from Australia; and
(f) you are purchasing Product(s) in your individual capacity for personal and domestic, non-commercial use.

Placing an Order:

5. Our order process will permit you to check the quantity of Product(s) you have ordered and amend any errors before submitting the order. Please ensure that you read through your order before submitting it.

6. Your order constitutes an offer by you to buy our Product(s) on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process. After placing an order, you will receive an email from us acknowledging that we have received your order and containing an order reference number and details of the Product(s) you have ordered ("Order Confirmation"). Please note that the Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. All orders are subject to our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when we send you an email confirming that the Product has been dispatched (a "Dispatch Confirmation"). These Terms constitute the entire Contract between us and you for the supply of Product(s).

7. We may refuse to accept your order or reverse your order:
(a) where the Product is not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or Product description error (see clause 10 below); or
(d) if you do not meet the eligibility criteria set out in clause 4 above.

8. The Contract will only be formed when we send you an email from admin@motorisedshutters.com.au that contains the Dispatch Confirmation. The parties to the Contract are you and PERTH PLANTATION SHUTTERS PTY LTD (ACN 103 413 663) trading as MOTORISED SHUTTERS AUSTRALIA (ABN 96 103 413 663).

9. The Contract will relate only to those Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

10. All our Product(s) are subject to availability. If, for any reason, any or all of the Product(s) you have ordered are or become unavailable or there has been an error in the price on our website or the MSA Online Store we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it and advise you of the revised delivery dates. In such cases, if you have already paid for the Product(s) we will either notify you when the Product(s) will be delivered or refund you the amount paid as soon as reasonably possible.

Product(s):

11. Any images or photographs of any Product(s) that we put on our website are for illustration only and actual Product(s) available for purchase in Australia may differ from that shown. We use reasonable endeavours to make sure the colours, sizes and details are displayed accurately but errors may occur. In addition, we cannot guarantee that the way in which your computer displays these colours or details accurately reflects the Product(s) made available by us. The Product(s) you receive may therefore vary slightly from those advertised.

12. Any packaging that we use to provide the Product(s) to you may vary from any packaging indicated on our website (where applicable).

13. The Product(s) may come with certain guarantees that cannot be excluded under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). In summary:
(a) you may be entitled to a replacement or refund for a major failure;
(b) you may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

14. Our current company policy is that we do not offer refund(s) if you simply changed your mind.

Pricing on website:

15. The price of the Product(s) will be as quoted on our website from time to time, except in cases of obvious error. Product prices include GST at the current rates. Unless specified otherwise, the price quoted on our website for any Product(s) excludes postage or delivery charges.

16. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

17. Payment for all Product(s) ordered must be made either by credit or debit card. We accept payment by Visa, Mastercard or PayPal only. A payment by credit or debit card will only be charged at or shortly after the time you place your order. You must be authorised to use the PayPal account, bank account or other account that you enter when creating a billing account on the MSA Online Store. You must keep all information in your billing account current at all times.

18. Ownership of the Product(s) will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Product(s), including delivery charges (if applicable).

Delivery:

19. We use Australia Post for our deliveries or despatches. We may in our website offer you a choice of delivery methods by Australia Post parcel post, express parcel post (depending on your location within Australia) or ParcelPoint collection and your chosen delivery method will be specified on the Dispatch Confirmation.

20. All deliveries will receive a delivery tracking number which will be specified on the Dispatch Confirmation, you will also receive SMS confirmation of your tracking number if you elect to include a valid Australian mobile number during checkout. The tracking number allows you to track the progress of your order by visiting the delivery partner's website and following the prompts to input your tracking number.

21. The date of dispatch listed on the Dispatch Confirmation is the estimated date of dispatch as is reasonably estimated by us.

22. We will deliver the Product(s) to the delivery address you specify in your order. If you elect for your Product(s) to be delivered via express or standard delivery we will not deliver the Product(s) to your delivery address unless there is someone present to accept and sign for them, during normal business hours (9am to 5pm, Monday to Friday). If there is not someone present at your delivery address to sign for and take delivery of the Product(s), a parcel collection card will be left at your delivery address and the Product(s) will be delivered to your local Australia Post Office for your collection.

23. The Product(s) will be your responsibility from the time of dispatch, in accordance with the Dispatch Confirmation. We are not responsible for any delay by Australia Post to deliver the Product(s) to you.

Our Returns Policy:

24. If you wish to return a Product to us for any reason the following process applies:
(a) contact us at admin@motorisedshutters.com.au and we will then inform you of the arrangements to return the Product to us;
(b) you will be required to then email proof of your original purchase and any delivery documentation to admin@motorisedshutters.com.au.

25. You must return the Product:
(a) with all original components and accessories (including manuals, documentation, etc.);
(b) in its original cartons and packaging or, if necessary, in packaging suitable to prevent damage to the Product; and
(c) all returns must be made by prepaid postage at your costs and at your risk.

26. If you are returning the Product to us because you consider that the Product is faulty or damaged, we will assess the Product following its return by you. Subject to clause 28 below, if:
(a) no fault is found, or the fault is found to be caused by you (see clause 30 (misuse)), the claim will be rejected and we will return the Product to you;
(b) we find a minor failure, we will most likely repair the Product and then return the Product to you; or
(c) we find a major failure, we will offer you your choice of a repair, replacement Product (where available) or a refund of any money paid by you for the Product. We will then, in accordance with your instructions, either repair or replace the Product and deliver it to you or refund the price of the Product in full.

27. We will notify you of our assessment via email within a reasonable period of time and, usually within ten (10) working days of when we receive the Product from you.

28. You have a legal obligation to take reasonable care of a Product while it is in your possession. If you fail to comply with this obligation and return a Product to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is deemed to have been damaged.

29. We will usually process a refund due to you as soon as possible and, in any case, within thirty (30) days of confirming to you via email that you are entitled to a refund. We will usually make any refunds using the same method originally used by you to pay for your purchase.

30. We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Product(s) sold on our Website are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.

Extent of our Liability:

31. You may have rights under statutory consumer protection laws, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified. The exclusions of warranties, and the limitation of our liability to you (as set out in these Terms), apply subject to any rights you may have under such laws.

32. Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.

33. If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and MSA is able to limit your remedy for a breach of such Non-Excludable Term, then MSA's liability for such a breach of a Non-Excludable Term is limited to one or more of the following, at MSA's option:
(a) in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) in relation to services, the supplying of the services against or the payment of the cost of having the services supplied again.

34. We sell the Product(s) to you entirely for your private non-commercial use. You agree that you will not use the Product(s) for any commercial, business or re-sale purposes unless otherwise agreed with us in writing.

35. You must only use the Product(s) for the purpose(s) which it is intended to be used. At all times, you must follow the instructions we have provided you in relation to the Product. We accept no responsibility for any damage, loss or liability if such damage, loss or liability is the result of a misuse of the Product including but not limited to failure to comply with the instructions provided.

36. Subject to our obligations under the Non-Excludable Terms, we will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by both you and us when you commenced using the website or MSA Online Store or when a Contract was formed.

Website Access:

37. You expressly understand and agree that your access to and use of the website or our MSA Online Store is at your sole risk and that the MSA Online Store or website is provided "as is" and "as available". In particular, we do not warrant to you that:

(a) your access to and use of the website, including for the purpose of purchasing Product(s) through the MSA Online Store, will meet your requirements (and you expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the website and Product(s) and that you are satisfied as to the suitability of the website and Product(s) to meet your requirements); or

(b) your access to and use of the website will be uninterrupted, error free, timely or secure.

Privacy:

38. Any personal data that we may collect from you on our website, whether on online forms or as part of the ordering process, will be dealt with in accordance with our Privacy Policy.

39. Your data protection and privacy rights are set out in our Privacy Policy. You agree to the use of your personal data and data in accordance with our Privacy Policy.

Intellectual Property:

40. Our MSA Online Store and the website incorporates information and content, which may be in the form of text, graphic, audio, video, downloads, links, source codes, copyrights, trademarks, and information about Product(s) ("Content") which is our proprietary property.

41. We have invested money, time, and effort to develop the Content and retains all rights, including intellectual property rights, to the Content. We do not grant you any license or property rights in relation to the Content.

42. The Content is published on our website for your personal reference. You must not download, copy, use, reproduce or reference any Content for business or commercial purposes. 

Online security:

43. You must not misuse the MSA Online Store by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt unauthorised access to the MSA Online Store or our website, the server on which the MSA Online Store or website is stored or any server, computer or database connected to the MSA Online Store, or attack the MSA Online Store or website via a denial of service attack, distributed denial of service attack or other similar means.

44. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the MSA Online Store or our website or downloading any material posted on it or any website linked to it.

Events outside our control:

45. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as described in clause 46 below).

46. An "Event Outside Our Control" means any act or event beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, supplier or sub-contractor failure, subsidence, epidemic or other natural disaster or failure of public or private telecommunications network or impossibility of the use of public or private transport.

47. If the Event Outside Our Control occurs that affects the performance of our obligations under a Contract:

(a) we will notify you as soon as possible;

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

48. We reserve the right to defer the date of delivery of the Product(s) or to cancel the delivery of the Product(s) in the case of any Event Outside Our Control or which is beyond our reasonable control and which prevents or hinders the delivery of the Product(s).

Severability:

49. If any court or competent authority decides that any of the provisions in these Terms or any provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Variation to the Terms:

50. We have the right to revise and amend these Terms from time to time by posting them on this website. Amendments are usually made to reflect changes in law, the ways in which we accept payments from you and to accommodate changes to the way Product(s) are supplied, however, these Terms may also be amended for any other reason and in our sole discretion.

51. You will be subject to the policies and Terms in force at the time that you order Product(s) from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the any Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Product(s)).

Governing Law:

52. These Terms are governed by and shall be construed in accordance with the laws of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia in respect of any dispute arising out of these Terms and/or any Contract for the purchase of Product(s) through the MSA Online Store.