Terms and Conditions
- Company or We: Means The Somerset Blinds Company.
- Customer or You: Means the party receiving Product or Service from the Company.
- Product(s): Means Product, in the singular and plural, and or Service provided and sold by the Company to the Customer
- Order or Purchase: You requesting and paying for the Product and/or Service in exchange for money
- Property or Home: The place You have requested the Product(s) and/or Service
TERMS AND CONDITIONS OF SALE
1.a These are the terms and conditions on which We supply our Product and/or Service to You.
1.b Please read these terms and conditions carefully before your order is placed. The terms and conditions will tell You who We are and our Products and /or Service that are supplied to You. They also state how You or We may change, or end, the contract. What to do if there is a problem and other important information.
2. INFORMATION ABOUT US
2.a We are The Somerset Blinds Company. Based at 2 Webbers Cottage, Southwick Road, Mark, Somerset, TA9 4LG and you can contact us via telephone on 07739 523002 or via email on firstname.lastname@example.org
2.b If We need to contact you, we may do so via your telephone number, email address or via postal address you provide.
3. OUR CONTRACT WITH YOU
3.a These terms and conditions apply to your purchase of Product and/or Service with us and together with your order constitute the contract between the Company and
3.b Quotations, whether verbal or written, are valid for 14 days from issue and do not constitute an order or a contract. We may extend the period of validity at our discretion.
3.c If, for reasons outside of our control, such as, but not limited to, a product being discontinued or out of stock we will inform you and we will not charge you for your Product.
3.d By entering into the contract with us, you accept that you have the right to enter into a contract with us to supply the Product and/or Service at the property where they are to be delivered and installed.
3.e Upon making and enquiry, we may discuss your requirements prior to your initial appointment. We may discuss the type and quantity of the Product you require and the location you want the Product and/or Service to be carried out. We, at our sole discretion, reserve the right to decline any appointment request on this basis.
3.f Our initial appointment dates are estimates only and could be cancelled or changed at any time. Should this occur we will do our best to let you know of any delays as soon as possible. However, we are not liable to you for any loss sustained if we fail to meet that time due to circumstances beyond our control. This includes, but is not limited to, loss of time, loss of income or business in relation to the cancelled appointment.
4. OUR PRODUCTS.
4.a All images of Product in any literature, on-line on our website are for illustrative purposes only. Although we make every effort to represent our Products and colours accurately, we cannot guarantee that the display of colours accurately represents the colour of the Products. Your Product my vary slightly from any images.
5.a The Order will be written on an order form, summarising the Product and / or Service that has been ordered. This will include detail of the Product to be manufactured, including any pricing of those Product.
5.b In some circumstances we may choose to deliver the Product directly to you and reserve the right to do so. If the Product is delivered to you, you are required to accept delivery, check for any damage of the Product and ensure they are stored in a safe and dry place. Any damage not reported to us upon delivery will be assumed to have been caused by you. Any damage to the Product after delivery and prior to installation will be assumed to have been caused by you. In both circumstances you will be responsible for the cost of the damage.
5.c Any quotations provided over the telephone, or prior to a visit to your premises, are indicative only and we reserve the right to amend a quotation once the exact window size, quantity, specification, choice of fabric and location of your address is known.
6. PRICE AND PAYMENT
6.a The price of Product is stated on the written order form. Prices include the cost of delivery, installation of the Product and VAT, unless clearly stated.
6.b VAT will be charged at the prevailing rate, should the rate of VAT change between the date of Order and installation we will reflect this in the amount you pay, unless payment was made in full with Order.
6.c A deposit will be paid by you upon placement of Order, as stated in the written order form. This is usually 50% of the total value. However, the deposit could be up to 100%, dependant on the agreed price or special conditions.
6.d Your deposit can be paid in cash, card or via bank transfer. If paid via bank transfer your deposit must be received by us within 2 calendar days of us receiving your Order.
Should payment not be received we will contact you and we reserve the right to cancel your Order.
6.e Payment, by card or cash only, will be required in full, net of any deposit paid, on completed installation of the Product and/or the Service being carried out.
6.f If you do not make the required final payment to us, for any reason, as agreed on the Order form, or by its due date on completions of the work carried out, we may instruct an external debt collector to collect the payment due by you under the contract.
Should we instruct a debt collector, in addition to any payment owed, we reserve the right to charge costs associated with the collection of the debt.
6.h If You think an invoice is wrong you must contact us immediately.
7. YOUR RIGHTS TO MAKE A CHANGE
7.a Should you wish to make a change to your Order please contact us as soon as possible. If a change is possible, we will advise you of any associated costs or delays. To minimise any costs or delays to your order any changes must be made within 24 hours of placing your Order. Unfortunately, we cannot guarantee any changes to the Product made after this time will be accepted, due to the bespoke nature of the manufacture. All costs associated with making a change at your request will be entirely at your cost.
7.b We reserve the right to make a change to your ordered Product if:
- Any changes in relevant laws or regulation requirements require us to do so.
- We need to implement any technical adjustments or improvement.
These changes won’t affect the use of your Product(s)
7.c If for any reason we need to make any major changes which affect the Product you have Ordered, which affect the use or look of the Product, we will let you know. If you decide the changes are not acceptable, we will provide a full refund for the cost of the Product in question. For clarity, if this affects one Product in a multi-Product order you will receive a refund for the one Product, not the whole Order.
These changes may affect the agreed installation and delivery date.
8. RIGHT TO CANCEL
8.a Should you wish to cancel your Order please contact us. If a cancellation is possible, we will advise you. Cancellations must be made within 24 hours of your Order. Unfortunately, due to the bespoke nature of the manufacture of the Product it may not be possible to cancel an order after 24 hours without losing your deposit in full.
9.a We will deliver your Product to the confirmed location stated in the written Order form.
9.b All Product is made to measure, which may have extended manufacture and/or delivery time, causing the initial delivery and installation date be missed. Should this occur we will do our best to let you know of any delays as soon as possible.
Therefore, delivery time or installation dates provided verbally or on the written order form are estimates only.
We are not liable to you for any loss sustained if we fail to meet that time due to circumstances beyond our control. This includes, but is not limited to, loss of time, loss of income or business in relation to the cancelled appointment.
9.c We ask for safe and practical working conditions and that the area(s) where the work is to be carried out is clear of furniture, household residents, ornaments, or breakable items etc by you. We are not liable for any accidental damage to your personal items.
9.d If we cannot gain access, or you do not allow access, to the property to install the Product, or carry out the Service, we may charge you an additional cost. If for any reason we are unable to contact you, or re-arrange the installation, we reserve the right to end the Contract with you.
9.f Once delivered to your property the Product will be your risk and responsibility. Once the Product and / or Service has been paid for, in full, title of the Product will also transfer to you.
10. OUR WARRANTY TO YOU.
10.a We warrant all goods supplied and specified in the written order form. The warranty period commences from the date of installation.
As deemed by us, the Product will be of satisfactory quality and fit for purpose that the Product was designed for. We also warrant that the Service we provide is performed with reasonable skill and care.
10.b Subject to clause 10.a, and that payment has been received in full:
All Product and installation supplied by us and specified on the order form is guaranteed for a period of 12 months from the date of installation, subject to clause 11h.
10.c If for any reason you think our Service or Product does not comply with clause 10 you must contact us within a reasonable timeframe. We may then arrange a home inspection with you, or request images showing any defects. If we agree with your claim, we will either fix the defect, or supply a suitable replacement Product, if the same Product is still available, without cost to you.
10.d If a home inspection is required, we will need to arrange a mutual convenient time to gain access. Failure to provide access in a reasonable time frame will be deemed frustration of contract and our obligations in clause 10 will end.
10.e If we decide to repair of re-supply the Product as stated in clause 10 (providing the faulty Product has not be modified or misused) it may not match existing or other Product supplied previously due to fading, batch difference or changes in Product specification. If this is the case, we do not accept responsibility to replace Product purely for colour match.
10.f Every attempt is made to ensure the Product we supply are true to representations. This includes sample variations, images and descriptions. You are not entitled to:
- Reject Products
- Reduce or refuse payment
- Claim compensation for variations to images or descriptions.
10.g All fabrics and colours from our suppliers are of good quality and standard. However, natural fading will inevitably occur over time. Therefore, replacements and follow on Orders, of the same style and colour, may look different. Unfortunately, we cannot accept liability for differences in colour and shade due to natural fading or batch to batch quality.
10.h We may refuse the option to repair or replace a Product under warranty if we believe, at our sole discretion, that the Product has been misused or modified.
10.i Any Product replaced or repaired under warranty do not extend the original warranty date. Warranty is valid from the initial installation date.
11. OBLIGATION TO REJECT PRODUCT
11.a If you exercise your legal rights to reject any Product, prior to payment in full, you must allow us to collect them from you.
12. YOUR LEGAL RIGHTS
12.a Nothing in these term and conditions will affect your legal rights in relation to non-conformity.
13. LOSS OR DAMGE SUFFERD BY YOU
13.a We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for purpose, supplied with reasonable skill and care and installed correctly by us); (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which it is unlawful for us to exclude or restrict liability.
13.b If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.c We shall not be liable to you if we are prevented from or delayed in performing any of the obligations that we owe to you under the contract if this is due to any cause beyond our reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work; (iv) any form of government intervention; (v) any third party act or omission; and (vi) any failure by you to give us a correct delivery address or notify us of any change of address.
13.d This clause 13 shall survive completion of the contract or the contract ending for any reason.
13.e While providing a Service to you we will take all reasonable care not to cause any damage whilst installing the Product. If we do cause damage, we will make good as best as we can. However, we are not responsible for the cost of repair to any pre-existing faults or damage that we discover whilst providing our Service. In order for us to install the Product holes may need to be drilled into your property. We do not undertake structural surveys and therefore no liability is accepted where damage is caused by existing structure or other defects to your home. It is your responsibility to ensure that the installation does not affect any leasehold or warranties you may hold.
13.f We are not responsible for cost, expense, loss, damage or injury suffered by you, to the extent this caused by negligence or wilful misconduct by you of your obligations under this contract.
13.g We only supply our Product and Service for domestic applications. Should you purchase from us for a commercial application we have no liability to you for any loss of profit or business, business interruption or loss of business opportunity.
14. YOUR RIGHTS TO END THE CONTRACT
14.a All of the Product we sell are made-to-measure and therefor fall under the category of tailor-made products of Consumer Contracts Regulations. Subject to clause 8.a and 14.b You will not be able to cancel your Order once placed. Providing this doesn’t affect your legal rights as a consumer in relation to made to measure and bespoke products that are faulty or not as described.
15. OUR RIGHT TO END THE CONTRACT
15.a We may end the contract with you if you do not allow us access to the property to fit and supply the Product and Service.
15.b If we end the contract in such situation in 15.a and the Product have either been made, or are in production, we will not refund the deposit or any money already paid to us. We may also be entitled to further compensation.
15.c Due to circumstances out of our control we may stop the supply of Product to you. In this case we will contact you and may either supply another Product or provide a full refund.
15.d If this contract ends for any reason, these terms and conditions will end. Unless any terms or conditions can reasonably be inferred as continuing or stated to continue, which shall continue with full effect.
15.e If the contract ends, both you and us shall not affect any accrued rights
16. HOW WE USE YOUR PERSONAL INFORMATION
16.a We use the personal information that you provide us to: 1.) supply Product that you have Ordered. 2.) process any payments made to us 3.) We may pass on your details in the case of a dispute to a third party if required.
17. OTHER TERMS
17.a The contract is between you and us. No other person can enforce these terms and conditions in this contract.
17.b Each term of the contract operates separately. Notwithstanding that the whole or any part of such term may prove illegal or unforeseeable. The other terms of the contract and remainder of the term in question shall continue in full force and effect.
17.c This contract is governed by the laws of England and you can bring legal proceedings in respect of the Product you have ordered in relation to the contract in English Courts.