Terms of Use

By using this website & emailing, Contacting us, you hereby agree to these terms and conditions
By paying a deposit you have excepted & entered into our sales contract you agree to be bound by these conditions.
1.
This Quotation-Invoice-Sales Contract and its contents are subject to copyright which is owned by Shade Makers or a third party. Shade Makers does not grant you any intellectual property rights in this Quotation-Invoice-Sales Contract, its applications, interface or contents. You must not use any trademark displayed on this Quotation-Invoice-Sales Contract.
2.
We do not warrant the accuracy or completeness of any information you derive from this Quotation-Invoice-Sales Contract and we exclude liability for loss or damage arising from any errors or omissions in this Quotation-Invoice-Sales Contract or your use of this Quotation-Invoice-Sales Contract (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
3.
You release Shade Makers, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this Quotation-Invoice-Sales Contract.
4.
Prices listed on this Quotation-Invoice-Sales Contract and terms and conditions of any kind relating to products displayed may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Shade Makers.
5.
This Quotation-Invoice-Sales Contract may contain links to external Internet Quotation-Invoice-Sales Contracts. Shade Makers does not sponsor, guarantee or approve of any material or representations in those Quotation-Invoice-Sales Contracts. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
6.
Links to this site are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered “security areas” that bypass any security protection or password protect that Shade Makers establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
7.
You must only use this Quotation-Invoice-Sales Contract, and you must only display, copy, distribute download and print portions of this Quotation-Invoice-Sales Contract for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this Quotation-Invoice-Sales Contract or its material.
8.
We cannot guarantee any file, data or program available for download from this Quotation-Invoice-Sales Contract (or any linked Quotation-Invoice-Sales Contract) is free of viruses and you assume the risk of any damage to your computer as a result of using this Quotation-Invoice-Sales Contract. This Quotation-Invoice-Sales Contract may be inaccessible from time to time due to events outside Shade Makers’ control or maintenance requirements.
9.
If we collect your personal information, we do so subject to the terms of our Privacy Policy,
10.
Shade Makers offers you access to this Quotation-Invoice-Sales Contract and the functionality attached to this Quotation-Invoice-Sales Contract but reserves the right to charge a fee for this service in the future (no fee is currently applicable).
11.
We may use cookies to gather data in relation to this Quotation-Invoice-Sales Contract and you consent to us doing so (although you may be able to disable cookies on your web browser).
12.
These conditions are governed by laws of Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
13.
Welcome to Shade Makers (the “business”). This Business is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained below (the “Agreement”). Please read them carefully. By using or accessing this Business or submitting an order with this Business, you indicate that you have read and understand this Agreement, and agree to be bound by the terms and conditions contained herein. If you do not accept this Agreement, do not proceed. We may revise this Agreement at any time without notice. We encourage you to review the Business and these terms periodically for any updates or changes.
You’re Orders:
14.
By placing an order with Shade Makers, you represent that you have the right to use all logos, text and/or graphics submitted by you to us. We reserve the right, in our sole discretion, to refuse to accept orders from customers who we have reason to believe have infringed or otherwise violated the intellectual property rights of others.
15.
We have the sole discretion to reject any order that it considers libellous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production.
16.
You agree to not use our services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
17.
This business permits users to upload images onto their signs and products through its design tool. You agree that this Business is not responsible for the quality of the images you upload. The Business assumes that 100 DPI is best viewed from 3.5 feet and recommends using that and above for your uploaded graphics. You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing. Images are created and stored in a variety of ways and you agree this Site is not responsible for ensuring quality images for any image file format available on it.

Privacy Statement:
18.
We recognize, respect, and protect the privacy of our customers. Your privacy and personal information are held in trust when you shop online with us. Our customer’s order information stays with us and our third-party licensors – no one else will see it. We do not sell, rent, trade or share ANY information regarding or provided by our customers to any other party for any reason. We require and only use information our customers knowingly and willingly provide to process their order, fulfil their service request or to enhance their personal shopping experience. Any information received by us is held with the utmost care and security. All information is stored on a secured server and is not accessible to other third parties. If you do not wish your information to be processed online or offline you do have the option of placing an order over the phone. We use customer information for the sole purpose of processing your order or contacting you if necessary. We do provide you with the option of receiving special promotions and offers from the Business via e-mail or when you are setting up your sales contract.
Shipping and Risk of Loss:
19.
We do not guarantee delivery dates. We will use our best effort to communicate the delivery time with our customers. We will not refund an order because it did not arrive on an estimated delivery date.
20.
All items purchased from the Business are delivered pursuant to a shipment contract with the carrier of our choosing or the companies. Unless you go to pick up your order at the store you selected. The risk of loss and title for such items will pass to you upon our delivery of your order to the carrier. Any shipping damage should be reported at the time of delivery to the shipping Business. If special packaging is required for proper shipping you will be advised & you will be charged accordingly.
Refunds, Order Changes, and Cancellations:
21.
Understandably, personalized and custom items may not be returned for a refund.
22.
We will use reasonable efforts, upon your request, to change or cancel your order prior to production. If the order has not yet started the production process, no additional change or cancellation fees will be applied. If your order is changed, the setup fees may vary from the original quote depending on your requirements.
23.
If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. If your order is changed, the setup fees may vary from the original quote depending on your requirements.
24.
If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the full amount of the order for all orders cancelled at this stage.
Indemnity:
25.
By using this sales contract, you agree to indemnify, defend and hold us, our licensors, and both our parents, subsidiaries and affiliates, including their officers, directors, employees, and agents, harmless from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of the Site in violation or breach of this Agreement. By submitting an order to us, you agree to defend, indemnify and hold us, our licensors, and both our parents, subsidiaries and affiliates, including their officers, directors, employees, and agents, harmless from and against any and all liability, claims, costs and expenses (including reasonable legal fees and expenses) in any action by any third party based on a claim that you infringed such third parties intellectual property rights.
Manufacturing
26.
Manufacturing periods can vary slightly depending on the time of year and public holidays Shade Makers always endeavour for a swift turnaround time but suggest a minimum of 4 – 8 weeks to be allowed for.
Deliveries
27.
All deliveries are subject to approval of online payment. Orders for gift vouchers placed on business days between the hours of 9am – 5pm (Australian EST) are generally processed immediately. Purchases made outside these hours, on weekends or public holidays (except Christmas Day) may take up to 10 hours to process. Shade Makers will not be responsible for late delivery due to postal delays or incorrect delivery or payment information submitted by the purchaser.
Payments
28.
All payments/deposits must be received in full before production can begin, it is the responsibility of the purchaser to notify Shade Makers of any payments with a bank receipt to be emailed to except if payment Admin <admin@herveybayshades.com> is via PayPal as notification comes thru directly to our office