Standard Terms and conditions
by instructing us to process your order and upon receipt of your deposit you agree that you have read and agree to the following terms and conditions.
We are Shady Blinds LTD, 24 Topiary Rd, Weddington, CV10 0FS Our VAT Registration Number is 385244578. We are a company registered in England and our company registration number is 11560171. You can contact us by email at email@example.com or by telephone on 03300432393.
Our Terms and Conditions of Supply and Fitting Goods are ruled by the requirements of the Consumer Rights Act (CRA) 2015, The Consumer Contracts (Information, cancellation and additional information) Regulations 2013, The Child safety requirements BS EN 13120:2009+A1:2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.
CONTRACT. If you place an order on our website, through a catalogue or by a telephone, the contract will only be made when we receive your deposit or send a letter or email confirming we have accepted your order. If you place an order with one of our salespeople (either
at our premises or elsewhere), the contract will be
made when you sign the order form.
GOODS. The goods you receive from us must be; of satisfactory quality, fit for common purpose or any purpose made known to us, and must meet any description given. Please note that the images of the products we supply in our sales literature
or online are for illustration purposes only and we cannot guarantee that these printed/computer- displayed images will reflect the colour of the goods accurately. Our packaging may also vary.
SERVICES. If we agree to carry out a service for you, we will ensure that this is carried out using reasonable care and skill.
GUARANTEE. Details of any guarantee that comes with the goods/services you have purchased are displayed in your order form.
CHILD SAFETY. If the goods contain any safety device(s) and/or are to be fitted in accordance with child safety requirements placing an obligation on all businesses to supply and professionally install safe products, then we will be required to fit such device(s). In the event that you should instruct us that you do not wish to have the safety device(s) fitted, we will refuse to install the goods. In such an instance, you will still be liable to pay up to the full price.
MEASUREMENTS. If you are providing your own measurements, ensure they are correct and accurate as we cannot accept the return of made-to-measure goods on the basis that the
measurements were incorrectly supplied by you.
INSTALLATION. The price for installation was agreed on the assumptions that; there is going to be one continuous site visit, there is unobstructed access to outside your property for vehicle parking, the area where the goods are to be fitted is unobstructed, surfaces and grounds the goods are to be fixed to are in a good condition allowing us to
easily obtain good fixings and with no objects in the immediate working area, there is no asbestos that we would be likely to come into contact with, and that no items under warranties/guarantees will be invalidated by the installation.
We may make a further reasonable charge for the additional time, costs or materials if these conditions are not met. We are not responsible for any loss or damage to your property that is not foreseeable, unless due to our negligence,
or for the cost of repairing any pre-existing faults to your property, or for any damage discovered whilst undertaking the installation. We will not be responsible for carrying out any building work, moving any furniture, clearing access or invalidation of any warranties you do not tell us about in writing before you make your order.
ACCESS. If we have agreed to install the goods
for you and you do not allow us access to premises without having a good reason for this, we may charge you additional reasonable costs incurred
to us as a result of this. If despite our reasonable efforts we are unable to contact you or to re- arrange access to the premises, we may end the
contract and you will be liable to pay us a sum up to
the price due under the contract.
PRICE. The price for goods/services is set out in full in the order form and includes VAT. Payments are to be paid as indicated in the order form.
DEBT RECOVERY. Where payment is 30 days late and we are unable to come to an agreement over the payment, the consumer will be charged our reasonable recovery costs which may include the costs of using a collection agency and legal costs. Any additional reasonable charges will be notified to the consumer at least 2 weeks in advance.
FURTHER CHARGES. If you ordered installation services from us, further charges may apply in case additional and unforeseen circumstances arise. These will always be notified to you in writing. Please note that late payments may incur
an interest rate set at 2% a year above Starling Banks
base lending rate accruing on a daily basis from
the due date until the actual date that you make the
DELIVERY. The cost of delivery and installation
(where applicable) are included in the price. If you have asked to collect the goods from our premises, you can do so during our opening hours when
we notify you that the goods are ready. If we are delivering to you (this will usually be within 30 days unless a different date is agreed with you) and should no one be available to take the delivery at your address, we will leave you a note informing you of how to re-arrange delivery. If you do not re-arrange delivery (or collect the goods from us) within a reasonable time, we may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you to re-deliver or arrange collection within a reasonable time, we may end the contract and you will still be liable to pay us up to the price due under the contract.
DELAY OUTSIDE OUR CONTROL. If delivery/ installation is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, as long as the goods
are still supplied within a reasonable length of time.
YOUR RIGHT TO CANCEL.
- a) You may cancel a contract if we have told you about a pricing error/error with a description of the goods and you do not wish to proceed, if there is a risk that supply may be significantly delayed, or you have a legal right to end the contract because of something we have done wrong.
- b) If we miss the delivery deadline for any of the goods, you can treat the contract as at an end if;
we have refused to deliver the goods, delivery time was essential, and you have informed us of this at the time of your order and we accepted your order on that basis. If we have not refused to deliver the goods, or delivery time was not essential, we will deliver the goods as soon as possible and keep you updated in writing. Alternatively, you can give us a new deadline for re-delivery that must be reasonable and if this is not met, then you may treat the contract as at an end. You can then cancel your order for any of the goods or reject any goods that have been delivered already under the contract.
We will then refund your money you have paid for the cancelled goods and their delivery and installation. Goods already delivered to you must
be returned to us at our expense or you must allow us to collect them at our expense.
OUR RIGHT TO CANCEL.
- a) We may end the contract at any time in writing to you (including email) if payment due to us was still not made within 7 days of us reminding you it is due, or if you do not, within a reasonable time; allow us to deliver the goods to you, collect the goods from us, or allow us to install the goods (if this was agreed). You will then be in the breach of the contract and still liable to pay us the price due under the contract.
- b) If your order is accepted and processed and a pricing error that is obvious, unmistakable and could have been recognised by you as being
so occurs, we reserve the right to terminate the contract and refund any sum of money you have paid to us.
LIABILITY. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking the contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, unless due to our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you placed the order, both we and you knew it might happen, e.g. if you discussed it with us before placing your order.
THIRD PARTIES. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
COMPLAINTS. You should inspect the goods
and any installation work as soon as conveniently possible and contact us if you believe there is a problem. You can phone us, email us or write to us using our contact details above to inform us of any issues. We will respond to your complaint as soon as possible. In the event that we are unable
to resolve the matter to your satisfaction, you may refer the complaint to the British Blind and Shutter Association’s Mediation Service if you are seeking rectification only, or alternatively pursue through Alternative Dispute Resolution provider BBSA or through Small Claims Court.
OWNERSHIP AND RESPONSIBILITY FOR GOODS. The goods supplied/installed by us will become your property once we have received payment for them in full. The goods become your responsibility from the time; they were delivered to the address you gave us, you collected the goods from us, or the time we pass the goods to any third party organised by you.
LEGALITY. English law governs the contract although you can bring proceedings in England, Scotland, Wales or Northern Ireland if you live in those countries.
Version 3 14/07/2020
MAIL ORDER ONLY
These terms and conditions will apply when you place your order with us.
Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.
Please print these terms and conditions and any email we send you for future reference.
SPECIFICATION OF GOODS
It is your responsibility to provide us with exact measurements, suitable for your requirements. We shall not be responsible for any incorrect measurements supplied.
If an accurate colour matching is required, we recommend that you order a sample from us before placing your order.
PRICE AND PAYMENT
The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.
All prices shown will be in Sterling £ and include Vat at the current rate. You will be responsible for claiming Vat back if you feel you are able to do so.
Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
Delivery of goods can only be made to mainland UK, UK Islands, Northern Ireland and Republic of Ireland as part of our standard delivery service. The carriage charge can vary by area and will have been confirmed to you when your account with us was created.
Delivery charges are detailed in this website and when you pay for your order. Delivery charges will be included on the invoice where applicable for credit account customers.
Estimated delivery timescales are provided as a guide only and ca be affected by many factors.
Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
All our parcels are checked prior to dispatch but in the unlikely event that you experience any problems be that damage in transit our any manufacturing defects please contact us within 48 hours of receipt via our customer service email – firstname.lastname@example.org We will respond as quickly as we can and if necessary arrange for a replacement to be sent. We may ask for pictures or video of the issue or to ask for the product to be returned to us for inspection. This does not affect your statutory rights.
All of our items are sent on a via courier and as we use several different couriers each courier has different delivery processes, as such if you are not at home to receive your delivery they may leave with a neighbour a safeplace or try again the next day, if your parcel is returned to us undelivered we may have to charge you again for re delivery.
REFUNDS & RETURNS POLICY
As the goods ordered via this website are ‘made to measure’, we cannot accept returns unless the goods are faulty. Also, we cannot accept cancellations or amends to orders once manufacturing of the order has commenced in our factory. This is because the goods are manufactured to your exact specification. For this reason, the 7 day cooling off period does
not apply. Please refer to regulation 10 and 13 of the Consumer Protection (Distance Selling) Regulations 2000 for more information on this legislation.
FREE NO OBLIGATION MEASURING
If you decide to take up our offer of a free no obligation measuring visit 1 of our trained fitters will attend your home or place of business and bring with them our full range of Blinds including many that are not available online. They will also accurately measure all you required windows and provide any advice you need and answer any questions you may have.
This is currently only available in selected postcodes.
If you choose our installation option we will contact you to arrange an installation date approx. 4 weeks from date of purchase if you buy online then our standard terms and conditions apply – if you take our survey and fit option then we take full responsibility for any measuring errors this will be fully explained by the surveyor/fitter during your initial appointment. This is currently only available in selected postcodes.
The content of the pages of this website is for your general information & use only. It is subject to change without notice.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
The information you supply will be used by ShadyBlinds Ltd, for administrative purposes within the terms of the Data Protection Act 1998. We will never supply it to third parties.