Terms and conditions
MyChoice Curtains & Blinds
Terms & Conditions – Blinds & Curtains (Victoria, Australia)
1. Application of Terms
- Unless otherwise agreed to in writing, these terms apply to all orders placed with MyChoice Blinds.
- MyChoice Blinds reserves the right to alter these terms from time to time without notice to the Customer and the altered terms will apply to all orders.
2. Quotation Validity
- All Quotations are valid for 14 days.
3. Orders & Deposits
- A 50% deposit is required upon order confirmation. This consist of 10% non-refundable security deposit and 40% part payment.
- The remaining balance must be paid at least 24 hours before installation of goods unless an agreement has been made in writing by the Customer with MyChoice Blinds stating otherwise.
- Orders will only be processed once the deposit is received.
4. Measurements & Customisation
- Customers are responsible for ensuring accurate measurements if providing their own.
- All products are custom-made and may have slight variations in fabric, texture, and colour.
- Once production has started, no changes or cancellations can be made.
- If you have any special requirements, please inform us at the time of order. Otherwise, standard designs and colours will be used.
- If the customer makes any modifications to the site after measurements have been taken, the customer will be responsible for any additional costs incurred as a result of these changes.
- Any variation to an order once submitted must be communicated in writing by the Customer and any costs of such variations remain the responsibility of the Customer. MyChoice Blinds may accept or reject such requests at its discretion.
5. Lead Time & Installation
- Lead time on most items is approximately 1-2 weeks, other items may take up to 3-4 weeks from date of deposit on order.
- Lead times will be advised at time of order. Any date specified by MyChoice Blinds for delivery or installation is an approximate only and is estimated in good faith having regard to availability of fabric, parts and labour. MyChoice Blinds assumes no liability for failure to deliver or install goods by the estimated date.
- Customers must ensure access to the installation site on the scheduled date.
- Any rescheduling requests must be made at least 48 hours in advance and may be subject to additional charges.
- To maintain the quality and shape of the curtains, installation should occur within 2-3 days after they are made. Delays beyond this period may compromise the product’s integrity.
6. Site Preparation & Liability
- Customers are responsible for removing or protecting any items near the installation area. We are not liable for any damage to goods left in proximity to the installation site.
- If the customer provides their own scaffolding, it will be used only if our installer deems it safe. Regardless, the customer will still be charged for the work-at-heights fee and the assembling & disassembling fee.
- The Customer is responsible for ensuring that MyChoice Blinds Team Members have safe and adequate access to the site for installation and that fixing points are adequate for the secure and proper installation of all goods.
7. Disposal of Material
- Unless a ‘take down’ service is selected at the time of quotation, the Customer is responsible for the removal and disposal of any material to enable installation of the goods. MyChoice Blinds may charge a fee to remove and dispose of goods on behalf of the Customer.
8. Payments & Cancellations
- All payments are non-refundable once production has started.
- Late payments may result in delays or cancellation of the order.
- If an order is canceled before production begins, a cancellation fee may apply.
- No order may be cancelled or varied without the prior written consent of MyChoice Blinds, which may be granted or refused at its discretion.
- If a customer cancels or alters any order or part order for the goods at any time after MyChoice Blinds has received the order then MyChoice Blinds reserves the right to charge to the Customer the costs of any goods or materials already acquired or manufactured for the order together with the cost of any labour and tooling expended.
9. Delivery, Risk and Title
9.1 Delivery Obligations
MyChoice Blinds will make all reasonable efforts to deliver the Goods to the Customer at the agreed time and place, however delivery times are estimates only and MyChoice Blinds is not liable for delays in delivery. The Customer will not be relieved of any obligations to accept or pay for the Goods by reason of:
- MyChoice Blinds’ failure to deliver the Goods by the agreed time and at the agreed place.
- Any event of force majeure as described in clause 19.
9.2 Partial Shipments
Except as expressly stated to the contrary at the time the Customer offers to purchase Goods from MyChoice Blinds, the Customer agrees that MyChoice Blinds may in its reasonable discretion deliver the Goods to the Customer in one or more shipments.
9.3 Risk Transfer
Risk in the Goods will pass to the Customer:
- where the Customer has asked MyChoice Blinds to arrange transport of the Goods to a nominated place - delivery of the Goods to that place; or
- in all other cases - once the Goods are placed at the Customer’s disposal ready for loading onto the Customer’s transport vehicle, or the transport vehicle of the Customer’s nominated carrier.
9.4 Title Transfer
Title in the Goods passes to the Customer only when there is full payment to MyChoice Blinds for amounts the Customer owes in respect of all Goods supplied to the Customer.
10. Ancillary Works
- The Customer is solely responsible for all ancillary work required and costs incurred in connection with installation or repair of goods, including (without limitation) access, scaffolding hire, electrical work, decorating, repairing or making good.
- For motorized products, MyChoice Blinds does not connect to mains nor install electrical requirements and pay for electrical work, connections, and control equipment.
- The Customer is to advise MyChoice Blinds’ office if it requires assistance or referral for an electrician.
- Scaffolding or crane hire may be required for any fixing height above 4 metres. MyChoice Blinds does not provide scaffolding or crane hire but can arrange for this to be quoted directly to the Customer.
11. Hidden Obstruction and Indemnity
- The Customer must advise MyChoice Blinds of any hidden obstruction (including, without limitation, electricity, telephone and other communication cables and water, gas and drainage pipes) that may be encountered.
- MyChoice Blinds will take all reasonable care during installation; however, it shall not be liable for any damage to any structure, surface or service.
- The Customer will pay all costs incurred in consequence of any hidden obstruction and will indemnify MyChoice Blinds against all loss, cost and installation of the goods or damage to any structure, service, or surface.
12. Return of Goods
- Except in the case of warranty claims, no goods may be returned without the previous written consent of MyChoice Blinds. An administration charge may be incurred for returned goods.
13. Interest
- Interest at the rate of 5% per month applies to all overdue balances until payment is made in full.
14. Repossession of Goods
- If payment has not been fully made by the Customer to MyChoice Blinds by the due date as agreed, the Customer hereby irrevocably grants to MyChoice Blinds, an unrestricted right and license, without notice to enter premises occupied by the Customer to inspect, identify and/or remove any of the goods to which MyChoice Blinds is entitled without in any way being liable to the Customer or any person claiming through the Customer.
- MyChoice Blinds shall have the right to sell or otherwise dispose of any such goods removed in its sole discretion and shall not be liable for any loss occasioned thereby.
15. Warranty & Liability
- We offer a limited warranty on manufacturing defects (duration to be specified by the company).
- All internal and external products assembled and installed by a MyChoice Blinds Team Member are backed by a Manufacturer’s warranty*.
- Any product supplied and not assembled and installed by a MyChoice Blinds Team Member will not be covered by warranty conditions and MyChoice Blinds assumes no liability for a proper function.
- All products shall remain the property of MyChoice Blinds and Warranty does not apply if payment has not been received in full by MyChoice Blinds.
- The benefits to the Customer given by this warranty are in addition to other rights and remedies the Customer has under law. MyChoice Blinds’ goods come with warranties that cannot be excluded under the Australian Consumer Law. The Customer is 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.
- The warranty does not cover damage caused by improper use, installation by third parties, or normal wear and tear.
- We are not liable for damages caused by incorrect customer measurements or external factors.
*Conditions apply.
16. Claims
- MyChoice Blinds shall not be liable in respect of any claim concerning goods supplied and (where applicable) installed by MyChoice Blinds unless it is made in writing.
- All claims for warranty repair or replacement will incur a call out fee, however, any call out fee that MyChoice Blinds charges the Customer will be refunded if MyChoice Blinds determines that the goods are defective and is not due to the fault of the Customer as set out in Clause 18.
17. Returns & Exchanges
- Due to the custom nature of our products, returns and exchanges are not accepted unless there is a manufacturing defect.
- Any defect claims must be reported within 7 days of installation.
18. Maintenance & Care
- Customers are responsible for following the recommended care instructions.
- Improper cleaning or exposure to harsh conditions may void the warranty.
- MyChoice Blinds takes no responsibility for faults or damage caused to products as a result of wind, rain or other weather conditions arising from open windows and exposure to the elements. Any claim made by the Customer that has arisen from such exposure shall result in the Customer being charged a service call.
19. Force Majeure
- MyChoice Blinds shall not be liable for any failure or delay to supply or deliver the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of MyChoice Blinds including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of god, breakdown of plant, shortage or supplies or labour, storm, or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
20. Light Gaps Disclaimer
- While we strive to provide the best possible fit for your curtains and blinds, please note that a small amount of light may be visible around the edges. Full blockout coverage is not guaranteed due to factors such as window frame design, installation surface, and product type. This is a standard characteristic of blinds and curtains and does not indicate a defect.
21. No Other Terms
- Unless otherwise agreed in writing by MyChoice Blinds and the Customer, these terms comprise all the terms applicable to orders for goods and services placed with MyChoice Blinds. No amendment or addition to these terms shall be effective unless agreed upon by MyChoice Blinds and the Customer.
22. Governing Law
- These terms shall be governed by and construed in accordance with the law for time being in force in Victoria and the Customer and MyChoice Blinds shall be deemed to have submitted to the jurisdiction of the courts of that state.
*Conditions apply.
23. Agreement
- By placing an order, the customer agrees to these terms and conditions.
