All information on Smart Blinds and Shutters Ltd paperwork/ website / Social Media, is provided in good faith and for general information purposes only. Smart Blinds and Shutters Ltd (`referred to in this text as ‘our’ ‘we` or `us`) will use its reasonable endeavours to ensure that the said information is accurate. Our website is provided on an `as is` basis without any representation or endorsement made and Smart Blinds and Shutters Ltd make no warranties of any kind, whether express or implied, in relation to our website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security, or any implied warranty arising from your access to, use of, reliance on or otherwise of our website. Smart Blinds and Shutters Ltd shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of our website. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of our website by unauthorised third party–
In addition, Smart Blinds and Shutters Ltd shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, the Smart Blinds and Shutters Ltd website. Some jurisdictions may not permit all or any of the limitations of warranties and damages contained in this legal notice, in which case some or all of the above exclusions may not apply to you. The material on our website is protected by copyright and all copyright, trademarks and all other intellectual property rights in all material or content contained within our website shall remain at all times the property of Smart Blinds and Shutters Ltd or of their licensors respectively. You may only reproduce material and/or content of our website for your own personal non-commercial use. Unauthorised copying, reproduction, transmission, publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited. For your convenience, we may provide links to other web sites or resources. The Smart Blinds and Shutters Ltd website contains links to other websites which are hosted and maintained by third parties. We have no control over the content or security of any such website, therefore, you link to such websites at your own risk. We make no representations regarding the content of any such web site and will not be liable for any loss or damage which may arise from the use of such third party websites. All electronic links to this website require the consent of Smart Blinds and Shutters Ltd. To assist your navigation of this web site and our prevention of fraud we may send "cookies" from our website to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server. Furthermore computer viruses are not passed through the use of "cookies". You may choose to disallow "cookies" via your browser but this web site may not work properly as a result. This notice may be amended by Smart Blinds and Shutters Ltd from time to time without notice.
Window Dressings/ Awnings Terms and Conditions
1.1 These are the terms and conditions on which we supply products to you, whether these are goods and/or services.
1.2 Please read these terms carefully before your order is processed. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Smart Blinds and Shutters Ltd, a company registered in England. Our company registration number is 06846201 and our registered office is located at 26, High Street, Thatcham, Berkshire, RG19 3JD. Our registered VAT number is 817 8132 24
2.2 You can contact us by telephoning our showrooms in Thatcham (01635 866600) and Reading (01189 509449) or by writing to us at firstname.lastname@example.org or at the address detailed above.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any goods and/or services from us and may only be changed with our prior written authorisation. These terms together with your order once accepted by us will constitute the contract between you and us for our supply and your purchase of such goods and/or services.
3.2 Any quotation given by us shall not constitute an order, and is only valid for a period of 30 business days from its date of issue. We may extend this period at our discretion.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or because of unexpected limits on our resources which we could not reasonably plan for.
3.4 By entering into a contract with us you warrant to us that as the person(s) named on the Invoice/ Order form, you have the right to contract with us to supply the goods and services at the property where they are to be delivered, installed and provided. Installation will only be completed at the address set out on the Invoice/Order confirmation, where the survey was carried out. Our orders, products & warranties are not transferrable to another person or property, and apply only to the person(s) named on the Invoice/Order form.
4 ORDER AND SURVEY
4.1 After the onsite survey, the order shall be detailed on a written order confirmation form summarising the product(s) ordered (the “Invoice/Order form”). Once you decide to proceed with the order, we must receive the Invoice/ Order form, signed by you and/ or written agreement to proceed by email. Once we have received communication from you via either of these methods, the order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing it (in which case we shall promptly refund any sums paid by you in respect of the order).
4.2 All orders are subject to a detailed survey to undertake measurements and specifications for the products. Should this be required one of our advisors will arrange a suitable time for this to take place.
4.3 The survey process will require you to approve the final design of the product(s) you have ordered. By signing the Invoice/ Order Confirmation Form (electronically and/or on paper) you are agreeing the specification for the product(s) ordered and authorising us to have the product(s) manufactured to this specification. The order cannot be changed after this point.
4.4 You agree that whoever you arrange to attend the survey on your behalf and sign the Invoice/ Order Confirmation Form will be acting as your agent and their authorisation of the specification of the product(s) ordered will be binding upon you.
4.5 The product(s) supplied by us to you will correspond with the Invoice/ Order Confirmation Form where a detailed survey has been undertaken.
5 YOUR RIGHTS TO MAKE CHANGES
5.1 Once the Invoice/ Order form has been signed and completed, it is not possible to make any changes to the order.
6 OUR RIGHTS TO MAKE CHANGES
6.1 We may change any of the product(s) you have ordered:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
6.1.2 to implement minor technical adjustments and improvements.
These changes will not affect your use of such product(s).
6.2 If for any reason we are required to make more significant changes than those set out above to any of the product(s) you have ordered, which will affect your use of such product(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) you have paid for but not received.
7.1 We will deliver the goods and supply the services to the delivery address noted in the Invoice/ Order form.
7.2 Where applicable you will supply us with such information as, rights of access and mains electricity for electric blinds, completion of building work on site, that we may reasonably require in order to deliver the goods and perform the services required and/or to check the goods and their installation where you notify us about a problem with the same. Should the agreed site preparations not be in place on the agreed day of installation, a charge may be incurred by you for a further installation appointment.
7.3 Any delivery or supply date or time specified by us in the Invoice/Order form, or during the order confirmation process (as the case may be) is an estimate only, and we will not be liable to you for any loss sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled installation appointment). All of our products are made-to-measure and may have extended manufacturing and/or delivery periods. Some products, including shutters, will have a delivery period in excess of 90 days. The estimated delivery date will be agreed with you at the time of the order or at the time of the survey.
7.4 In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items and household residents. We require 72 hours’ notice of a cancelled installation appointment otherwise we reserve the right to charge you for the costs of the cancelled appointment.
7.5 For larger orders it may be necessary for the products ordered to be delivered to your property prior to the installation date. We will inform you where this is necessary and you will be responsible for accepting such a delivery in accordance with these terms. In this instance, you are wholly responsible for any loss or damage to the product(s) prior to installation.
7.6 Relevant laws and legislative and regulatory requirements have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These laws, legislation and regulations make it mandatory that all blinds should be fitted with appropriate safety devices. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the product(s) you have ordered. In such circumstances you will remain liable for the full cost of the product(s) ordered and you agree that you will not treat our refusal to install the product(s) as a fundamental breach of the contract and you will remain bound under the contract to take delivery of the product(s). For the avoidance of doubt, we consider this clause 7.6 to be reasonable in all circumstances given the current legal, legislative and regulatory requirements. This will not affect your legal rights as a consumer in relation to any products that are faulty.
7.7 If you do not allow us access to your property (as detailed on the Invoice/Order Confirmation) to deliver the goods or supply the services as arranged (and you do not have a good reason for this), we may charge you for the additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the property (as detailed on the Invoice/Order Confirmation) we may end the contract and you will be responsible for to settle the Invoice in full.
7.8 The product(s) you have ordered will be your responsibility from the time we deliver the product(s) to the address you gave us.
7.9 You will own the product(s) you have ordered once we have received payment in full for the product(s).
8 PRICE AND PAYMENT
8.1 The price for the goods and services to be supplied is stated on the Invoice/Order Confirmation or in some instances a specific quotation document provided to you in writing. All prices are inclusive of the cost of delivery and VAT.
8.2 If the rate of VAT changes between your order date and the date we supply the product(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
8.3 A deposit (which depending upon order value may vary between minimum 75% and maximum 100% of the agreed price) shall be payable by you upon signing the Invoice/Order form or on confirming your acceptance of the order by email. In the event that cleared funds are not received for the deposit payment (for example, if your debit or credit card declines or your cheque is declined by your bank), we may request full payment by alternative payment method before the installation of any of the product(s) you have ordered takes place. Please note that no orders will be processed prior to receipt of required deposit.
8.4 The final balance of your order is payable upon installation and or delivery of the product(s) as detailed in the Invoice/ Order form or in writing by you. All payments are due in full at this time unless agreed by us.
8.5 In the event that your final balance payment is not received by us (for example, if your debit or credit card declines or your cheque is declined by your bank) or if you otherwise fail to make your final balance payment to us upon completion of the installation of the product(s) ordered, we may instruct internal or external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector. Orders that remain unpaid after the due date shall be subject to an interest charge of 4% per annum above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us this interest together with the overdue amount.
9 OUR WARRANTY TO YOU
9.1 Subject to clauses 9.3 to 9.7 below: (i) we warrant that any goods supplied will correspond with the specification set out in the Order Confirmation or the Technical Order Confirmation Form (as the case may be) at the time of delivery or supply, will be of satisfactory quality and will be fit for the purpose for which they are commonly bought and for the purpose for which they have been designed; and (ii) we warrant that the services supplied will be performed with reasonable skill and care.
9.2 Subject to clauses 9.3 to 9.7 below, and to the receipt of payment in full for your order:
(i) we warrant that, for a period of 12 months from the date of order, all Blinds, entry level Louvolite motors and services supplied will be free from defects in materials and workmanship; this does not include where products have been damaged by you or uninstalled/ reinstalled by you or a third party. In this instance all warranty is invalid.
(ii) in addition for shutters and Somfy motors we warrant that for a period of 48 months from the date of order, those specific products will be free from defects in materials and workmanship; this does not include where products have been damaged by you or uninstalled/ reinstalled by you or a third party. In that instance all warranty is invalid.
(iii) In the case of awnings, we warrant that for a period of 60 months from the date of order, those specific products will be free from defects in materials and workmanship; this does not include where products have been damaged by you or uninstalled/ reinstalled by you or a third party. In that instance all warranty is invalid. We are not responsible for any loss or damage occurring to the product(s) due to failure to retract the awning during periods of adverse weather
9.3 If any services supplied by us are not in accordance with clause 9.1(ii) or 9.2(i) above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the services. We will either arrange with you a time when we can visit your home to examine the supplied services or request imagery showing the alleged defect and, if the services are not in compliance with clause 9.1(ii) or 9.2(i) above, we will either remedy the defect in question or re-supply the defective services.
9.4 In order for us to complete any repairs required under any of the warranties set out in clause 9.1 above we will require access to your property (as named on the Invoice/Order form) at a mutually convenient time. Failure to provide such access within a reasonable time will be deemed a frustration of the contract and our obligations as set out within this clause 9 will cease.
9.5 Upon notification of a claim in respect of any goods under any of the warranties set out in clause 9.1(i) above we will either arrange with you to examine the goods or request imagery and, if the goods are defective, we shall either repair or replace the defective goods free of any charge for labour or materials (always providing that the goods have not been subject to any misuse or modification). It is possible that goods replacing defective goods under any of the warranties set out in clause 9.1(i) above or 9.2 above may no longer exactly match other goods in that order due to fading or changes in product specification. Should this be the case we do not accept any liability to replace nonfaulty product(s) solely to ensure colour match
9.6 Whilst every attempt will be made by us to ensure that the goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the goods delivered shall not entitle you to: (i) reject the goods; (ii) withhold or reduce payment of the purchase price; or (iii) claim any compensation for such variation.
9.7 Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, the performance of the products is unimpaired by any such fading and neither the warranties set out in clauses 9.1 or 9.2 shall apply: (i) in relation to fading or discolouration caused by fair wear and tear; and/or (ii) where the relevant fault or defect has been caused by your misuse and/or neglect of the products and/or by accidents caused while the products are in your possession.
9.8 The warranties set out in clause 9 (9.1 through 9.7 'OUR WARRANTY TO YOU') are for the original named purchaser only (as detailed on the Invoice/Order confirmation) and are not transferable to another person or property. Please retain your Invoice/Order form to identify your purchase in the unlikely event of needing to claim under any of the warranties set out in clause 9.1 above.
10 YOUR LEGAL RIGHTS
10.1 We are under a legal duty to supply goods and services to you that are in conformity with the contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
11 YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
11.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to collect the rejected product(s) from you. We will pay the costs of collection.
12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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 or that of our employees, advisors or installers; (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.
12.2 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. In order to install products, holes may be made in the fabric of the structure of your property. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed by you. We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
12.3 If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by negligence or wilful misconduct by you or by breach by you of your obligations under the contract.
12.5 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.
12.6 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.
12.7 This clause 12 shall survive completion of the contract or the contract ending for any reason.
13 YOUR RIGHTS TO END THE CONTRACT
13.1 All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of tailor-made products under the Consumer Contracts Regulations 2013 and (subject to clauses 13.2 to 13.3 below) you will not therefore be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.
13.2 Notwithstanding clause 13.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within two calendar days starting with
13.3 If you are: cancelling your order for the reason that you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
14 OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract at any time by writing to you if:
14.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
14.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;
14.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
14.1.4 you do not, within a reasonable time, allow us access to your property to supply any services.
14.2 If we end the contract in any of the situations set out in clause 14.1 above and the manufacturing of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.
14.3 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
14.4 If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.
14.5 The contract ending for any reason shall not affect any accrued rights of you or us.
15 HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1. We will use the personal information you provide to us:
15.1.1. to supply the product(s) you have ordered to you;
15.1.2. to process your payment for the product(s) ordered; and
15.2. We may pass your personal information to credit reference agencies in accordance with clause 8.5 above.
15.3. We may pass your details onto an independent third party if required for dispute resolution.
16 OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
16.2 You may not transfer any of your rights or obligations under the contract to another person without our prior written consent. The request must be received in writing to Customer Services, Smart Blinds and Shutters Ltd, 26, High Street, Thatcham, Berkshire RG19 3JD
16.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If we do not insist immediately that you do anything you are required to do under the terms of the contract, or if we delay in taking steps against you in respect of your breaching the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to supply the product(s) you have ordered, we can still require you to make the payment at a later date.
16.5 Each term of the contract operates separately and, notwithstanding that the whole or any part of any such term may prove to be illegal or unenforceable, the other terms of the contract and the remainder of the term in question shall continue in full force and effect.
16.6 The contract is governed by the laws of England and you can bring legal proceedings in respect of the product(s) you have ordered or otherwise in relation to the contract in the English courts.