Terms of Service

MIDNIGHT ANYTIME BLINDS PTY LTD

ABN: 86 635 400 154

Trading as Midnight Anytime Blinds

Website terms & conditions of use agreement

By continuing to browse this website, you are agreeing to comply with and be bound by the following Terms of Use Agreement, which together with our privacy policy govern the Midnight Anytime Blinds Pty Ltd relationship with you in relation to this website. Please review the following terms carefully.

Midnight Anytime Blinds Pty Ltd or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

1. Definitions

In these terms:

‘Goods’ means the Midnight Anytime Blinds system of fixtures, materials and fitting which are the subject of your Order.

‘Order’ means an order made by you for the supply of Goods.

‘Order Form’ means our on-line ordering process, in particular the final page in this process where you can check your Order before clicking ‘Confirm Order’.

‘Price’ means the price of the Goods, plus any delivery charges.

‘Sales Literature’ means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.

‘You’ means the person ordering the Goods from us.

‘Midnight Anytime Blinds PTY LTD’ ABN: 86 635 400 154 or ‘We’ or ‘Us’ means MidnightAnytimeBlinds.com.au or MidnightAnytimeBlinds.com.

‘At a distance’ means you communicating with us via our website, email or telephone.

 We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. Ordering

Our Sales Literature invites you to order goods from us via an Order Form

Once you complete the Order Form or confirm to us conclusively in some other fashion from a distance (e.g. Email or phone) that you wish to proceed with your Order we will provide you with an acknowledgment of order by email. This email does not necessarily constitute our acceptance of your Order.

Once we notify you by email that we have accepted your Order a binding contract for the supply of Goods exists between us (a ‘Contract’). If we fail to confirm our acceptance of your Order in an email for any reason, our acceptance will be deemed to have occurred when we dispatch the Goods to you.

Our respective cancelation rights are outlined in points 4 and 5 below.

3. Price and payments

The Price will be the price shown on the Order Form and will include all taxes applicable.

In addition to the Price, a delivery charge may be payable in respect of all deliveries to locations within Australia. The delivery charge will be that shown on the order confirmation section of the Midnight Anytime Blinds website at the time you place your order.

If there are any changes in the delivery charge payable, we will notify you before your order is accepted by us and ask you to confirm that you wish to proceed with your order.

Payment is due at the time you place your Order, and we will debit the price plus any delivery charges from your credit or debit card when you supply us with your details during the Order process.

Any omission or error on our website, including online pricing, quotation, order acknowledgement, sales literature, invoice or other documents issued by us will be corrected by us without liability.

PLEASE NOTE: All orders received over the weekend will be processed on the Monday (when it is not a public holiday).

If you have any questions, please don’t hesitate to contact our friendly staff to discuss.

5. Cancellation by you

As products are custom made to your specifications you are unable to cancel your order once your Order has been accepted by us. If you change your mind please contact us as soon as possible, as we may still be able to halt the production process. If this is the case, we may be able to provide you with a refund which we will calculate based on costs already incurred in the production of your order, but cannot be guaranteed.

For more detail, please review our Returns Policy.

6. Cancellation by us

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

We reserve the right to cancel or decline your Order if:

We have insufficient stock required to manufacture and/or supply the Goods;

Any of the Goods were listed at an incorrect price made by us;

Other reason that may be unforeseen;

If we do cancel your Order, we will notify you as soon as possible and will refund to you any monies you have already paid.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. Stock shortages

If the Goods are unavailable, we will notify you as soon as possible and suggest a suitable replacement.

8. Product description and measurement

The product information and photographs contained in our Sales Literature are provided for illustrative purposes only may vary in colour due to printing reproduction or display setting on the device you view the website with, and we cannot warrant that they are accurate.

There may be small variations in colour between batches. All discrepancies are within industry standards.

9. Delivering your goods

We aim to deliver your Goods to the address you have provided on the Order Form for delivery within 21 days to 28 days of the date of your Order unless we confirm a later date with you.

If we give you a specific date on which we expect to deliver the Goods, whilst we shall make every endeavour to meet that date it is an estimate only and is subject to change.

Ownership of, and risk in, the Goods will pass to you once they have been delivered to you. If you return the Goods ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.

If more than one item is ordered, we may deliver the Goods in instalments and by different carriers.

Please contact us direct if you wish the Goods to be delivered anywhere other than Australia.

10. Defective goods

The customer shall have a period of 28 days following the delivery of Goods in which to examine the Goods and to notify us of any damage, defects or parts missing to the order.

If your Goods are defective on delivery you are entitled to return them to us provided you have first contacted us via email set out in the Contact Us section of our website, giving us details of the defects, but only if we have agreed that the Goods should be returned to Us.

If we are satisfied to remake a defective part any remakes agreed by us will be on a like for like basis and we cannot accept any alterations. The defective Goods may be asked to be returned at our cost. Delivery of replacement Goods of similar quality and specifications is free of charge.

11. Measurement

It is very important the measurements you provide us are accurate as each item is made to order. We will not refund incorrectly measured items. If you would like guidance on how to take the required measurements accurately, please refer to the measurement section on this website

12. Warranty

2 Years Warranty on all parts. In addition to any statutory rights, you may have we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 2 years from the delivery of Goods to you. This warranty includes all materials, mechanisms (cord locks and tilt gears) and components (brackets, wands, caps, etc.), which make up the blind system.

If a defect arises within the warranty period, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Goods should be returned to us. Warranty excludes modification, misuse, improper installation, wear and tear.

Where it is agreed the items are covered under warranty, we will repair or replace the Goods to you, free of charge; or deliver replacement Goods of similar quality and specification, free of charge; or at our sole discretion, arrange for a refund of the Price of the defective Goods within 30 days

To activate the warranty, you must contact us to confirm if the item is under warranty and provide proof of purchase such as a copy of the original sales invoice and receipt.

Midnight Anytime Blinds PTY LTD do not accept liability for any damage to existing blinds where Midnight Anytime Blinds have been retrofitted.

This warranty is not transferable.

13. Representation

No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this website or by any employee or agent of Midnight Anytime Blinds shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.

14. Events beyond our control

We shall have no liability to you for any failure to deliver Goods you have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by an event or circumstances beyond our

reasonable control including, without limitation, third party default, strikes, lock outs and other industrial disputed, breakdown of systems or network access, flood, fire, explosion or accident.

15. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. Indemnification

You agree to indemnify, defend and hold harmless MidnightAnytimeblinds.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18 Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the

Commonwealth of Australia and the State of South Australia.

19 User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any

comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

20. Changes to Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

21. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.