Terms & Conditions

These terms and conditions (Terms) govern all sales of window covering goods (Goods) supplied by The Drape Store®®  (we, us and similar expressions) to Australian based relay customers (you, your and similar expressions). Except as expressly stated to the contrary, these Terms apply and prevail even if they are inconsistent with any later document you put forward

GENERAL

1.        No quotation by us shall constitute an offer to sell you Goods. If you offer to purchase Goods based on our quotation, then your offer is subject to these Terms. We reserve the right to decline to supply and also to correct any obvious errors in any quotation, tender or price list, whether technical or otherwise.

2.        We may at any time vary these terms apply from the earlier of the date they are given to you. Your order will be governed by the Terms applying at the time you place it.

3.        If you cancel or alter any order for Goods with special materials at any time after we received the order then in addition to our other rights we reserve the right to change you the costs of any of those Goods or materials already acquired for the order together with the cost of any labour and tooling expended to the dale of such cancellation or alterations.

PRICES

4.        All prices are in Australian dollars unless another currency is indicated in any quotation.

5.        Unless we otherwise agree in writing, all prices shall be those referred to in our price lists current at the date of invoice and prices shall be subject to change without notice.

6.        Unless otherwise stated to the contrary, prices quoted or published on official price lists do not include sales tax, goods and service tax or any other impost. You must pay any such impost applicable to the supply of Goods to you under these Terms.

TERMS OF PAYEMNT

7.        Unless we otherwise agree in writing, you must pay to us 50% of the invoiced price for the Goods as a security payment (Payment) at the time of your order and the remaining 50% immediately prior to delivery of the Goods. However, we may instead require you to pay the whole price in advance at the time of placement of the order.

8.        If we advise You that the goods are ready for installation and you refuse to accept the Goods, fail to make arrangements for installation, or if we are unable to contact you after making reasonable efforts to do so, any outstanding amounts in respect of Goods will become immediately due and payable. We are entitled to treat an amount equal to the reminder of the price as a debt immediately due and payable by you and will be entitled to deduct from the Deposit any amount payable by you under these Terms.

Limited Liability

9.       These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of the delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods to not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand result from such non-compliance.

10.     If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to contract between the Company and the Customer (Contract) then, to the extent to which the company is

entitled to do so, the company’s liability under the statutory provision is limited, at the company’s option

(a) replacement or repair of the Goods or the supply of equivalent Goods; or

(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

Custom made

11.    All our products are custom made to your precise specification. Once made, our products are suitable only to you and therefore cannot be cancelled or returned. Because of this it is extremely important that you are sure about the product that you want and the size you require. The company cannot be held responsible if you dislike the colour or the general quality of the product. We strongly recommend that you double check your order to ensure that the products ordered, and measurements taken are correct.

Right to Cancel Or Change Of Mind

12.    Products are custom made and manufacturing preparation will begin 24hrs after payment has been received. Customers are only able to cancel their order if it is within 24 hours of when payment has been received the company. If a cancellation of the order is required within the 24-hour period of placing the order, an administration fee of $400.00 will be retained to cover time taken for data entry of factory worksheets, tax invoicing, reversal of worksheets and invoices and refunding of monies. The remaining balance will be credited to the customer’s Bank Account or Credit Card with 7 days of notification. Refund monies may take a few days to show in the customer’s account after electronic transfer. The company cannot be held responsible for interbank transfer delays and clearances.

13.    The company has the right to cancel a customer’s order if:

a)       There is insufficient stock to deliver the goods that the customer has ordered.

b)       The customer requires delivery to an area which isn’t serviced by our shipping carrier.

c)       One or more of the goods was listed at the incorrect price due to typographical error or an error in the pricing information made by the company and/or received by the company from its suppliers.

d)       If the company cancels an order the customer will be notified by email and/or phone and will be refunded the full amount that was paid by the customer to the company.

OVERDUE PAYMENTS

14.     If you fail to make payment in accordance with these Terms, then:

a)        All money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions.

b)       we may suspend supply or cancel any outstanding orders we have accepted from you;

c)        we may charge you interest on any amount owing from the due date until payment, calculated daily, at a rate equal to the sum of the Cash Rate Target published by the Reserve Bank of Australia plus a margin of 7% per annum. Interest may be capitalised each month so that cumulative interest is payable; and

d)       you are liable for all our costs, losses and expenses relating to recovering overdue payments from you, including mercantile agents and lawyer fees and expenses that we incur; and

e)        we may require the payment of cash upon delivery of the Goods, or of any future goods.

Scope of Warranty

1 Years

2 Years

3 Years

4 Years

5 Years

Fabric, Hardware, Components (with like or similar)

✔

✔

✔

✔

✔

Chain, Cords, wands

✔

✔

✔

✔

✔

Remote Controls & Motors (excluding batteries)

✔

✔

✔

✔

✔

Labour, Service Call, Collection & Delivery

✔

✘

✘

✘

✘