Terms and Conditions Please read these terms carefully. You must not access this website if you do not agree with these terms: In these Terms and Conditions "Miller Canvas", "we" and "us" mean Miller Canvas Pty Ltd, “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website including you the customer."website" means www.millercanvas.com.au . We offer products for sale from the“website” "Order" means an offer made by you in response to an invitation to treat made us on the Website. You may enter into a sales contract with Miller Canvas for the sale and supply of products, by you making an offer to Miller Canvas via the website, to purchase product at the price advertised on the website. These Terms and Conditions together with your order constitute the entire Contract between Miller Canvas and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event. Miller Canvas will receive your Order and payment made via the website and will sell and deliver the products to you in accordance with these terms. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the website will represent an agreement by you, to be bound by these terms as amended and will apply to any Order you place from the effective date of the change. We recommend you review the terms, for amendments each time you use the website and before placing any future order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us. Guests and Registered UsersYou may access and/or use the website as a guest or as a member. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Sales Team.You will receive an email from us immediately after you create your membership account.We only permit one registration per email address. You must not use another members’ account without permission. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Sales Team. We reserve the right to terminate a member’s account on 24 hour’s notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms. Legal Capacity to TransactIf you are under the age eighteen (18) years you cannot place orders with Miller Canvas. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years. Should Miller Canvas suffer any damage or other losses as a result of a transaction entered into by a minor, Miller Canvas reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Miller Canvas. Placing Your OrderYou may place your order by filling in the order form on this website. When you place your order, we will issue you with an order/invoice number. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. If we cannot process or accept your order after payment is received we will contact you by email or telephone.Miller Canvas reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Prices, Payment Methods and ProcessingAll prices shown are in Australian Dollars, all transactions are done in Australian Dollars. Miller Canvas accepts PayPal, Visa and MasterCard or Bank Transfer and Direct Deposit only. Orders paid for by direct deposit will not be processed until payment has been received. Please ensure that you include the order/ invoice number in the transaction description. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding South Australian public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button. For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase. Please Note:We will not accept credit cards issued by banks outside of Australia. Our preference in this instance is payment via PayPal, Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks. If your PayPal payment is funded by an echeque this may substantially delay processing your order while payment clears.Miller Canvas always seeks to list Products with the most competitive prices. Miller Canvas reserves the right to change prices for Products displayed on the Miller Canvas website at any time. GSTAll prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice. Change of MindPlease choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order. Supply of ProductsSubject to these Terms and Conditions, we will supply to you the Products indicated on your order confirmation.When your order items that are dispatched via courier you will receive an email to confirm shipment of the item, a tracking number is available by request. Postal items will have a tracking number available by request. Delivery ChargesShipping in general is calculated at checkout to any location within Australia. Miller Canvas reserves the right to change prices for delivery at any time. Additional delivery charges will be incurred for bulky and heavy goods and for orders to be sent outside Australia and are subject to confirmation at the time the order is placed. Addresses & Shipping methodsAll orders are delivered by a Courier Service of our choosing, where courier delivery is not possible we use Australia Post. In most cases the article will have to be signed for. Our experience shows that the best delivery outcome is for the customer to provide a delivery address of a business they may be associated with. Where someone is present to accept your delivery and sign as proof of delivery between the hours of 9:00am and 5:00pm e.g. a place of work or a farmer may provide an address of a rural supply business they frequently use. Please use a home address as a last resort (due mainly to the fact that most homes are not attended 100% of the time in business hours) Delivery TimesAll orders on this website are processed within 24 hours Monday to Friday. If there are any unforeseeable delays, you will be contacted by our sales team within 2 business days. Orders will be delivered in approximately 2 - 10 business days. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery, a slip will be left in the mailbox so that you can negotiate with the courier a suitable arrangement for final delivery or collection, if a redelivery or change of delivery address is required then the customer is liable for any further charges. If your Product has not arrived after the estimated delivery time, please contact us. DeliveryPlease ensure you, or someone appointed by you, receive the article inspect and check the goods at the time of delivery.The receipt of goods must be signed for by an adult. If there is any defect or damage, (this also includes visible damage to goods or property during the course of delivery), then you must address this with the courier and have it noted on the proof of delivery docket.Title and risk of loss to all products will pass to you on delivery. Products Damaged in TransitPlease contact us immediately via email email@example.com. Please state your name and the invoice number provided to you by Miller Canvas and clearly outline the problem.We will not accept liability for visible damage not reported within 3 days of receipt of goods. NOTE: In case of any problems with your delivery, Miller Canvas will be in direct contact with the carrier to resolve the issue as quickly as possible with as little inconvenience to you. We will make every effort to contact you and keep you informed of the progress of our investigation. All orders are delivered by our nominated Courier Service or Australia Post. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options. InsuranceAustralia Post Express satchels are NOT insurable. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk. If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options. Our courier will endeavor to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please either email us at firstname.lastname@example.org or call the courier's customer service team. Black Duck Seat Cover Returns & Refunds
Miller Canvas reserves the right to refuse a return for refund, each case is decided upon merit.
Returns will only be accepted if prior approval and a return reference form is given, the purchaser must contact us via email to email@example.com within 7 days of delivery, with a complete detailed description of the issue, please include your Tax Invoice number.
All returned items (aside from warranties) must be:
- Unused and in their original condition.
- The Full set of covers as purchased.
- Part of our Standard color range eg. grey, black or brown canvas or black or grey denim. Non-standard colour items cannot be returned
- Accompanied by a Return Authorisation Form provided by us on approval of your Return Request Submission.
- The customer is responsible for all return costs.
- The customer must issue Miller Canvas with a tracking reference.
- A full refund will be issued less our original shipping costs of $40.00 and any restocking fee that may apply. (Miller Canvas reserves the right to change these costs at any time)
If the item is not returned in as new condition in its original packaging along with all documentation, you may also be charged a restocking fee (to be determined upon inspection).
Seat covers for older model (non-current model) vehicles, and change of mind issues will only be accepted for return at the discretion of Miller Canvas. This can be very costly, so please contact us to ask any questions about Black Duck seat covers. Miller Canvas will not refund items that have been misused, mishandled or incorrectly installed.
Consumer GuaranteesUnder the Competition and Consumer Act 2010 and under other consumer laws applying in each State and Territory, you have the right to have goods replaced, repaired or to receive a refund where:
These consumer guarantees are implied into all consumer contracts and cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by a manufacturer. Where Miller Canvas or the relevant supplier considers the goods to have breached a consumer guarantee, any shipping costs to return the goods will be at the cost of Miller Canvas or the relevant supplier. If on examination of the goods returned are found to not be in breach of the consumer guarantees, then Miller Canvas may charge you a fee for examining the goods, and any cost to return the goods to you. Please note that goods must be returned within a reasonable period and you may be asked to demonstrate that the problem with the goods was not your fault. Consumer Guarantees do not apply where Miller Canvas or the relevant supplier are of reasonable opinion the goods became unacceptable due to fair wear and tear, or the customer’s misuse, failure to use the goods in accordance with manufacturer's instructions, or failure to take reasonable care. ContactWhere you have an issue relating to your Order, please immediately contact firstname.lastname@example.org Please supply your Name and Order/Invoice number issued by Miller Canvas. Refund Policy for other items (not including seat covers)Miller Canvas is committed to providing quality products to our customers. If for any reason you are not completely satisfied with any product (other than canvas seat covers) supplied by us, please contact us by emailing email@example.com within 7 days of receiving the goods. Return it to us in original condition within 14 days of receipt and we will replace it or refund your purchase price. You are responsible for the shipping cost of returning the goods to us, in packaging sufficient to protect it during transit.In addition to manufacturers’ guarantees on selected products, Miller Canvas and its suppliers provide a guarantee of acceptable quality on every product, by law. You are entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality but the failure does not amount to a major failure. This refund policy is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws. Limitation of LiabilityInformation on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose. While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice.Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly. We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website. CopyrightThis website and its contents are subject to copyright. Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents. GeneralYou shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Miller Canvas. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Miller Canvas for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Miller Canvas, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Miller Canvas reserves the right to change the Terms and Conditions of sale at any time. No Miller Canvas employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Force MajeureMiller Canvas shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Miller Canvas, and Miller Canvas shall be entitled to a reasonable extension of time for the performance of such obligations. Governing LawThese Terms and Conditions shall be governed by and construed in accordance with the laws of South Australia and shall be subject to the non-exclusive jurisdiction of the courts of South Australia.
- the goods are faulty;
- the goods are wrongly described;
- the goods are different from a sample shown to you; and/or
- the goods do not do what they are supposed to do.