Martha’s furnishing fabrics | Custom curtain and blind production terms and conditions

1. Introduction and Definitions
   • The terms and conditions outlined in this document apply to all customers when ordering custom-made blinds and curtains from Martha’s Furnishing Fabrics Limited.
   • In these Terms:
     1. Loss includes loss of profits, savings, revenue or data, and any other claim for purported damages, loss, liability, or costs.
     2. Personal Information has the meaning as defined in the Privacy Act 2020.
     3. Product means any custom-made item produced in accordance with these Terms.
     4. Product Specifications means the information relevant to your order as outlined in your order form.
     5. Services means the production of custom-made blinds and curtains.
     6. Terms means these Terms and Conditions
     7. Us, we, our means Martha’s Furnishing Fabrics Limited (Company #5818549).
     8. You means you, or if acting on behalf of a third party, you and that third party on whose behalf you are acting.

2. Application of these terms
   • By making payment for your order, you warrant that:
     1. You accept to be bound by these Terms.
     2. If you are accepting these Terms on behalf of a third party, you are authorised to bind that third party to these Terms.
     3. The Product Specifications are correct and are as requested by you.
   • If you do not agree to these Terms, we will not provide you with the Services unless some other express agreement is reached and recorded in writing. In the event that such an agreement is reached, any terms contained in these Terms that have not been overridden are to be imported into said agreement.
   • Unless otherwise expressly agreed, these Terms supersede any prior agreements or arrangements in place with you.
3. Pricing
   • All prices are GST inclusive unless otherwise expressly stated.
   • All prices are quoted exclusive of transit costs. If your order is to be delivered by courier, any relevant costs to be charged in relation to transit will be notified to you prior to confirming your order.
   • In the event that a computer or technical error results in a misstatement of the price of your order, we may, prior to beginning work on your order, notify you of this and require that you pay us the difference between the amount actually paid by you in respect of your order and the correct amount payable.
4. Purchase terms
   • When you engage our Services, you confirm and warrant that:
     1. You are legally entitled to do so.
     2. The Product Specifications are correct.
     3. You will pay us in full at the time the time that you confirm your order and will not attempt to cancel or revoke your payment in any way.
     4. You will provide us with all Personal Information we require to provide you with our Services, including your name, email address, phone and/or mobile number, postal and billing addresses and payment details (including credit card and/or banking information).
     5. All information (including Personal Information) supplied by you to us is true and correct.
   • You acknowledge that:
     1. We will not begin any work on your order until we have received payment in full.
     2. You are unable to cancel your order once payment has been made unless we expressly agree to any cancellation in writing.
     3. We take no responsibility for any consequences of any errors or misstatements by you throughout the provision of our Services.
     4. We do not accept refunds, returns or exchanges on any Products if they have been correctly made in accordance with the Product Specifications.
     5. If you have ordered “Blackout Lining”, light leak may be present along the seams of the Product where stitching has occurred and that this is not to be considered a defect.
   • We will endeavour to deliver the Products to you within three to four weeks of receiving payment in full. This timeline is an estimate only and can vary seasonally, we in no way guarantee that we can meet this estimate should circumstances out of our control mean that the estimate becomes unreasonable. Should we have reason to believe we will be unable to meet this estimate, we will notify you of the cause and expected duration of the delay.
   • In the event that the Products are not produced in accordance with the Product Specifications due to an error on the part of us (or any third party that we work with for the provision of our Services) we will work with you to remedy the issue.
   • We reserve the right to refuse to accept your order at our sole discretion and without providing any reason.
5. Limitation of liability and indemnity
   • Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded. This includes any rights you may have under the Consumer Guarantees Act 1993 or any other consumer protection law.
   • To the maximum extent permitted by law, we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms or the provision of our Services.
   • To the extent that clause 5.2 does not apply, our liability to you in connection with these Terms is limited to the price of the Product (inclusive of GST and any relevant transit costs) you have ordered from us.
   • You indemnify us for all Loss that we may suffer or incur as a direct or indirect result of your failure to comply with these Terms.
6. General
   • You cannot assign or transfer any of your interests in relation to these Terms without our prior written consent.
   • For us to waive a right under these Terms the waiver must be in writing.
   • If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.