These terms of service are set by Privacy Screens Australia
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
1. About These Terms and Conditions
In these Terms and Conditions:
“We”, and “Us” and “Privacy Screens Australia” mean Privacy Screens Australia & PrivacyScreensAustralia.com and “You” means you the customer.
“Products” means goods sold by Privacy Screens Australia on this website and in store.
“Price” means the price at which the Products are sold on this website and in store.
“Order” means an order for Products on this website or in store.
“Recommended Retail Price” means a price for the Products for comparison purposes, as determined by clause 13 of these Terms and Conditions.
These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between Privacy Screens Australia and you for the supply of Products. The Contract, Agreement or NDA cannot be varied unless we agree to vary it in writing or by email. Any written contract, agreement or NDA shall be deemed void if either party to the contract submits in writing a cease of transaction between the two businesses, or a verbal agreement to cease production has occured.
3. Australia Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia. Unless postage is agreed on before the purchase of any product.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
4.1 5 year warranty
A 5 year warranty on the colour. The colour warranty will be allowed if the item is returned and significant fading has occured on the product. We first require photo evidence to submit your claim. All claims will be processed within 30 days, not including shipping time.
5. Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Privacy Screens Australia makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time (including after you have submitted your order). If this affects an order you have placed we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
6. Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Privacy Screens Australia. Should Privacy Screens Australia suffer any damage or other losses as a result of a transaction entered into by a minor, Privacy Screens Australia reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Privacy Screens Australia .
7. Privacy Screens Australia Security Policy
Privacy Screens Australia uses the PayPal Payment Gateway for its online credit card transactions.
8. Placing Your Order
You may place an Order by adding items to ‘My Cart’ on the Privacy Screens Australia website and clicking the “Check Out” button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Privacy Screens Australia website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however Privacy Screens Australia will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Privacy Screens Australia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
9. Payment Methods and Processing
We offer credit card and bank transfer payment solutions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
In this clause:
“GST” means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by Privacy Screens Australia, an amount equal to the GST payable (at the current prevailing rate) will not be included as part of the price at which the product is sold on this web site.
11. Direct Import Goods
In this clause:
“Direct Import Goods” means Products which are sourced directly from outside Australia and which are available through this web site and which are specifically labelled as Direct Import Goods.
“Nominated Delivery Agent” means Australia Post.
“Import Order” means an order for Direct Import Goods.
“Supplier” means a supplier located overseas which contracts with Privacy Screens Australia to provide the Direct Import Goods.
“Taxes” means value added taxes (including GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Direct Import Goods.
The amount payable for Direct Import Goods is shown on the Privacy Screens Australia web site in Australian dollars (exclusive of Taxes).
Privacy Screens Australia will be using the Nominated Delivery Agent for all shipping and delivery requirements, on your behalf. The cost of shipping and delivery will be charged separately from the price of the Direct Import Goods, at the time an Import Order is made and will be payable at the same time and in the same manner as the consideration for the Direct Import Goods is to be provided.
By placing an Import Order for Direct Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.
Direct Import Goods are sold to you on a Ex Works basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time the Supplier places the Direct Import Goods at your disposal at the Supplier’s premises or another named place not cleared for export and not loaded on any collecting vehicle.
You acknowledge and agree that you will be recorded as the importer of record and will be the responsible party for any Taxes associated with the importation of Direct Import Goods.
You acknowledge that Privacy Screens Australia is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods.
If your Import Order arrives in Australia and the customs value is greater than the ‘low value import threshold’ (currently A$1,000, subject to change at any time), you may be required to lodge a Customs Import Declaration and pay the relevant Taxes. For further information visit www.customs.gov.au
For Australian customs purposes, any number of Import Orders delivered by Privacy Screens Australia to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether the low value import threshold has been reached.
Privacy Screens Australia will use its best endeavours to list Products with the most competitive prices. Privacy Screens Australia reserves the right to change prices for Products displayed on the Privacy Screens Australia web site at any time.
Each ‘Privacy Screens Australia Voucher’ is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each ‘Privacy Screens Australia Voucher’ has an expiry date which cannot be modified.
The use of a ‘Privacy Screens Australia Voucher’ requires the total value of the order (excluding shipping and handling costs) to be higher than the monetary value of the discount given by the ‘Privacy Screens Australia Voucher’. Some discount ‘Privacy Screens Australia Voucher’s may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount ‘Privacy Screens Australia Voucher’ be deducted from an order if that ‘Privacy Screens Australia Voucher’ is defective or out of date: no replacement ‘Privacy Screens Australia Voucher’s will be issued.
When an order is placed using a discount ‘Privacy Screens Australia Voucher’ and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
We reserve the right to disclose your personally identifiable information as required by law and when
we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding,
court order, or legal process served on our Website.
15. Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.
16. Delivery of Your Products
After ordering online, you will receive an email confirmation from Privacy Screens Australia containing your order details
(if you have provided your email address). We will normally confirm receipt of your order within a few
minutes of ordering. We will send your goods via the courier service selected on checkout within 2 – 4 weeks of ordering depending on our work load (Monday to Friday, Saturday and Sunday excluded).
If you wish to query a delivery please contact us at firstname.lastname@example.org
17. Collection of goods
If your order is placed on a collection, when visiting any place where the goods are stored to inspect them or collect them you must comply with:
• Any law relating to occupational health and safety.
• Any directions or warnings that have been given about the goods or their location in the Site Information or Item Page; and
• Any directions given by us or anyone authorized by us when inspecting or removing any goods from any location.
• You acknowledge that you inspect or remove goods at any location at your own risk.
• If we are unable to deliver an item, or you fail to collect an item you have selected to collect within 14 days of a sale we may charge a storage fee in accordance with our normal rates.
18. Authority To Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
Privacy Screens Australia and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Privacy Screens Australia from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot.
Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.
19. Your Rights to Return a Product
Only credits are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.
20. Change Of Mind
A Return Authorisation Number (RAN) is required for all returns.
You may be entitled to a credit, provided you return the item to us within 14 days of your order being received.
The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
If the returned item is in a noticeably used condition, then a credit may not be offered.
Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours, textures and finishes shown on our Websites may slightly differ from the actual item.
Return postage will be at your expense.
If eligible, we will issue you a Credit Voucher to the value of the item, once the item is returned and assessed.
Cancellation of an order once paid means you accept these terms and conditions and will be given store credit as a refund.
21. Express Warranties
The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. In addition to the provisions under the Australian Consumer Law we warrant that the goods are of acceptable quality, are fit for the purpose for which the goods are ordinarily used and match the description on the site (other than minor differences) for a period of 3 months unless otherwise stated. You are entitled to a replacement or store credit for a major failure.
22. Our Liability
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or store credit for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:
To the extent permitted by law, we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and
We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.
23. Your Data – Use And Protection
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Privacy Screens Australia. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Privacy Screens Australia reserves the right to change the Terms and Conditions of sale at any time. No Privacy Screens Australia employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Privacy Screens Australia. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Privacy Screens Australia are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
25. Force Majeure
Privacy Screens Australia shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Privacy Screens Australia, and Privacy Screens Australia shall be entitled to a reasonable extension of time for the performance of such obligations.
26. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
These terms of service are set by Privacy Screens Australia