Terms & Conditions
Terms & Conditions of the Sale and Supply and Goods
These terms and conditions (“Terms”) apply to all goods you order from us.
The goods we sell are bespoke products made to your order so it is important that you read these terms and conditions as they will apply to all goods you buy from us at a distance.
We use the following defined terms throughout the Terms:
“Contract” means a binding contract for the supply of Goods formed in accordance with section 1 below.
“Goods” means the blinds, curtains, shutters or other window furnishings or products manufactured and/or supplied by us which are the subject of your Order.
“Order” means an order made by you for the supply of Goods by us from our Website.
“Order Confirmation” means our email to you confirming your order.
“Order Form “means our online ordering process.
“Price” means the price of the Goods and any applicable delivery or packaging charges.
“Regulations” means the General Product Safety Regulations 2005
“Sales Literature” means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.
“you” means the person ordering Goods and/or Installation from us.
“we/us/our” means UKBlind Masters Brunel Drive Newark Nottinghamshire NG24 2EG
When we use the words “writing” or “written” in these Terms, this will include e-mail.
1. OUR CONTRACT WITH YOU
You may enter into a Contract with us in the following ways:-
a. Through our website, catalogue, over the phone or otherwise at a distance: the Contract will be formed when we send you a confirmation of Contract email or when we dispatch the Goods, whichever is sooner. By accepting the contract you are confirming you are a customer.
1.1 If you wish to cancel a Contract with us please refer to section 3 of these Terms to see if cancellation is permitted, and, if so, how to go about doing it.
1.2 If we wish to cancel the Contract we can so in accordance with section 4.
1.3 We always try to deal with the Contract as quickly and efficiently as possible, but sometimes we will be unable to do so. Any times stated by us are therefore estimates only.
2.1 You may place your order by using the online ordering procedure on our Website.
As the goods you order will be manufactured to measurements you have provided it is important that the measurements are correct. Please refer to the How to Measure section of our Website.
2.2 You will receive an order confirmation when you have placed your order it is your responsibility to check the details and make sure they correspond to your order.
2.3 In placing your order you confirm that you have read the Child Safety information supplied on our Website and you understand the individual safety devices and the need to install them correctly to ensure your blind is compliant with the Child Safety Standards.
3. PRICE AND PAYMENT
3.1 The Price will include all taxes applicable from time to time.
Payment is due at the time you place your order.
3.2 Our Order Form on the Website will give details of the payment terms for your Order. We will debit the Price from your debit or credit card accordingly if you have supplied us with your card details, or via our third party payment provider PayPal. Payments by cheque are not deemed to have been made until the cheque has cleared.
3.3 All prices are inclusive of VAT. Delivery charges will be added to your order and charged accordingly.
4. CANCELLING A CONTRACT
Your rights to cancel a Contract vary according to how you Order from us, and what type of Goods you Order.
4.1 Subject to clause 3.2, as the Goods we will be supplying to you are made-to-measure Goods and are made to your requirements or specification, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described).
4.2 If you are entitled to cancel the Contract, and wish to do so, you will be responsible to pay the reasonable fees and costs we have incurred already fulfilling our part of the Contract including loss of profit to date up to the overall value of the Order.
4.3 If you have received the Goods before you cancel the Contract, please contact us as soon as possible for guidance on how to pack your Goods and arrange for them to be returned to us.
This clause is extremely important and your attention is specifically drawn to the same
4.4 If the Contract includes Installation, you may not cancel or terminate the Contract if, for any reason, you should decide that you will not allow us to Install any safety device that accompanies the Goods which means that, as a result, we cannot Install the Goods at all (as detailed in clause 5.4 below). In such circumstances, you will still be liable to pay us the full Price due under the Contract (but this will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described).
5. CANCELLATION BY US
5.1 We reserve the right to cancel the Contract or decline your Order if:
5.1.1 we have insufficient stock of the fabric or product required to manufacture and/or supply the Goods you have ordered; or
5.1.2 any of the Goods in your Order was listed at an incorrect price due to a typographical error or an error in the pricing information made by us and/or received by us from our suppliers.
5.2 Before cancelling your Order we will do our best to source and offer you suitable alternative Goods of a similar style and quality, but you are not obliged to accept them.
5.3 If we do cancel your Order we will notify you as soon as possible and will credit to you any payment already made to us relating to your Order. Although we appreciate that you may be disappointed in such circumstances we will not be able to offer you any compensation for disappointment you may suffer.
5.4 We have to comply with the Regulations. The Regulations have been introduced to help to prevent accidental death by way of strangulation to young children caused by them becoming entangled in blind cords. We take our obligations under the Regulations extremely seriously. These provide that safety devices supplied with Goods must be fitted by us at the time of Installation otherwise we may be negligent and perhaps be in breach of the Regulations. Therefore, if the Goods contain any safety device, we will fit this device and ensure that we have complied with the Regulations. In the event that you should instruct us that you do not wish to have such a safety device fitted, then we will refuse to Install the Goods. In such an instance, you will be liable to pay us the Price under the Contract.
5.5 You agree that you will not treat our refusal to Install the Goods for the reasons set out in clause 5.4 above as a fundamental or any breach of the Contract and that you will still be bound under the Contract to take delivery of the Goods.
5.6 For the avoidance of doubt we consider clauses 5.4 and 5.5 to be reasonable in all the circumstances given our obligations under the Regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described.
6. PRODUCT DESCRIPTIONS
6.1 The product information and photographs contained in our Website or Sales Literature are provided for illustrative purposes only and we cannot warrant that they are accurate.
6.2 Whilst every effort is made by us to ensure that Goods sold and delivered to you match in every respect any sample or description we may have shown or given or sent to you, minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle you to reject the Goods nor to claim any compensation for such variation or change.
7.1 We can make the Goods according to the measurements you provide us. You can find information and tips on how to measure in our Sales Literature or on our website or by contacting us.
7.2 As you are providing us with your own measurements please ensure that they are correct and accurate. Unfortunately, we cannot accept the return of made to measure Goods if the reason for the return is because you provided us with incorrect measurements.
8. DELIVERING YOUR GOODS
8.1 We aim to deliver your Goods to the address you have provided on the Order Form for delivery within 14 working days of the date of your Order unless we confirm a later date to you.
8.2 Any delivery date given for the delivery of Goods or performance of the Installation is an estimate only. Whilst we will make every effort to deliver on this date we must stress that it is an estimate and may be subject to change.
8.3 Ownership of, and risk in, the Goods will pass to you once they have been delivered to you. If you return the Goods, ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.
8.4 If more than one item is ordered we may deliver the Goods in instalments.
9.1 We warrant that all Goods sold to you will be free from material defects for a period of 12 months from delivery of the Goods to you.
9.2 As a consumer, you have legal rights in relation to Goods that are faulty or not as described in addition to the above warranty. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
9.3 The warranty given in clause 9.1 above does not apply to any defect in the goods arising from fair wear and tear, wilful damage, abnormal storage, negligence by you or any third party, failure to use the Goods in accordance with the instructions, any unauthorised alterations or repairs or any specification provided by you.
9.4 If the Goods are defective on delivery or a defect arises within the following 12 months, please contact us to provide us with details of the defects and we will discuss with you how the Goods should be returned to us. Provided that clause 9.3 does not apply and if it appears to us that the Goods are defective we will promptly arrange:-
9.4.1 for the defective Goods to be collected from you in order to repair the Goods and return the repaired Goods to you, free of charge; or
9.4.2 to collect the defective Goods from you and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
9.4.3 if you so request, arrange for a full refund of the Price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.
9.5 If the Goods are not defective, or have been modified, misused or the subject of negligence, you will be responsible for the payment of our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which we agree to carry out at your request.
9.8 We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, breakdown of manufacturing or other equipment or unavailability of raw materials.
9.9 In these Terms we do not seek in any way to limit your statutory rights, nor to limit our liability for any death or personal injury resulting from negligence on our part.
10. GENERAL TERMS
10.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.2 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
10.3 We will only use any information you give us in relation to your Order for the purposes of processing your Order, providing the Goods and/or Installation for you and to inform you of similar products or services that we provide. Please let us know if you would rather not receive such marketing correspondence. If you are ordering from us online details of our treatment of your personal data will be detailed there, and you will be given the option to opt in or out accordingly.
10.5 This contract is subject to English law and the non-exclusive jurisdiction of the English courts.