CONSUMER RIGHTS
CONSUMER’S BASIC RIGHTS
Consumers are entitled to expect Goods or Services that they purchase to be of an acceptable quality and to meet the basic rights of; ▪ being safe, durable and free from defects, ▪ having an acceptable appearance and finish, ▪ that it does everything that similar products are commonly used for, ▪ and that it does not have major problems.
RETAILER’S BASIC RIGHTS
A retailer is entitled to expect a customer to have an understanding of what Goods and Service they wish to purchase and that the customer can lucidly describe or explain what outcome they expect the Goods and Services to achieve. DEFINITION OF A MAJOR PROBLEM A Major problem, as defined by Australian Consumer Law, occurs when the Goods or Services; • Are significantly different to our sample or description, • Has a known fault that was not identified prior to purchase,
• Is unsafe,
• Doesn’t do what we said it would,
• Doesn’t do what you specified,
• Can’t be easily fixed or repaired within a reasonable period of time.
DEFINITION OF NOT A MAJOR PROBLEM
As defined by Australian Consumer Law, when a product or service has a minor problem, the business must fix the problem or repair the product for free. The business does not have to offer a replacement or refund for a minor problem, although it can choose to do so.
REPAIR REPLACE OR REFUND
If Goods or Services are assessed to have a Major problem then a refund or exchange will be offered. If the Goods or Services are assessed to not have a Major problem then repair or replacement will be offered or a refund may be offered. Assessment of a problem is determined by the business. If the dispute remains unresolved then it will be referred to an independent arbitrator.
ENTITLED TO A REFUND POLICY
As per Australian Consumer Law, customers are entitled to a refund or exchange if Goods and Services do not meet Consumer Basic Rights or are assessed to have a Major problem.
NOT ENTITLED TO A REFUND POLICY
As per Australian Consumer Law, customers are not entitled to a refund under the consumer guarantees: ▪ If the ordered goods are the same or similar as the sample or description presented,
▪ If the goods are fit for purpose,
▪ If the customer received what they requested or agreed to,
▪ If the customer has had a change of mind,
▪ if the customer has found a cheaper price elsewhere,
▪ if they decide that they now don’t like or want the item/s,
▪ if the customer says that they didn’t understand what they were purchasing,
▪ if the customer chooses not to accept advice given by the retailer,
▪ if the customer has independently researched and specified the finished goods in entirety or components to be used in the finished goods,,
▪ if the goods have been mismeasured,
▪ if actual delivery lead-time extends beyond the indicative delivery lead-time,
▪ if the item/s can be repaired or replaced, (replacement goods may take the same lead-time to deliver as did the initial purchase),
▪ if the item/s are within BMAA industry guidelines. Time-Frames If a specific time frame is required by the customer, it must be specified at initial point of order and agreed to by Factory Blinds. Failure by Factory Blinds to meet any indicative delivery time-frames does not warrant a cancellation of order or be entitled to a refund or discount.
BMAA INDUSTRY GUIDELINES BMAA (Blind Manufacturers’ Association of Australia) has prepared industry guidelines using the services of Australian Consumer Law (ACL), Australian Consumer & Competition Commission (ACCC), Standards Australia (SA) to determine acceptable qualities and standards of finished window furnishing products. The Australian government has a Memorandum of Understanding (MoU) with Standards Australia who are the primary non-government standards development body in Australia. Businesses are bound by legislation as determined by ACL and ACCC. The following BMAA guidelines are industry standards that will be used to determine what remedy may or may not apply.
Imperfections
If an imperfection is NOT visible with the naked eye in natural daylight at a distance not less than 1.2 metres then it is not regarded as an imperfection and is acceptable. An imperfection can be considered to be a mark, spot, dot, pinhole, slub, thread, stitch, dye lot variation, colour variation, hem width, pattern variation, pattern run-off, fault or flaw or other similar variables that may occur in the manufacturing, weaving, coating process.
Shrinkage and Stretch
Some fabrics will stretch or shrink depending on a number of varying factors outside the business’s control. Finished custom-made goods will be made to the customer’s ordered specifications or requirements but if the goods stretch or shrink at any time after installation or delivery then it may be considered a characteristic of the product and not considered a fault.
CUSTOM MADE GOODS
Factory Blinds manufactures and/or supplies custom-made window furnishings to suit the specific requirements of the customer. Our staff will be directed by the customer. Our staff will present product options and suggestions and be directed by the customer’s instructions. Factory Blinds staff will never make an autocratic decision on behalf of a customer.
Do Not Understand
If you, as the customer, do not know or understand what goods and services you are agreeing to purchase then do not agree, sign or pay for a contract of purchase.
Change of Mind
Confirmed orders are processed within one working day from confirmation of order. Manufacture has been deemed to have commenced at that point. If manufacture has been deemed to have commenced, it may or may not be possible to change or cancel an order without incurring a penalty.