TERMS
We are Blinds4UK Limited trading as THE SHADE STUDIO, 17 The Grangeway, London N21 2HD]. Our VAT Registration Number is 833 1860 36. We are a company registered in Eng/Scot/Wales/NI and our company registration number is 6500476. You can contact us by email at info@theshadestudio.co.uk or by telephone on 020 8370 1092
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 with one of our salespeople (either at our premises or elsewhere), the contract will be made when you sign the order form or email us to confirm to proceed. 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.
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. Any quotation given by us shall not constitute an order and is only valid for a period of 14 business days from its date of issue. We may extend or reduce this period at our discretion.
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.
ORDER & SURVEY.
The order shall be detailed on: a written order confirmation summarising the product(s) ordered (the “Summary of Order”) including a detailed specification of the product(s) to be manufactured. Once the order has been completed, and either signed by you, or confirmed by you electronically, and received by us, the order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days (in which case we shall promptly refund any sums paid by you in respect of the order).
Orders are subject to a detailed survey to undertake measurements and specifications for the products. Our advisor will arrange a suitable time for this to take place. Should the results of the survey identify amendments to the order which would change the price then we will notify you of such price change whereupon you have the right to proceed with or cancel the order at your discretion. Should you choose to cancel the order we shall promptly refund any sums paid by you in respect of the order. The survey process will require you to approve the final design of the product(s) you have agreed and ordered. By signing the Summary of Order (electronically and/or on paper) you are agreeing to the specification for the product(s) ordered and authorising us to manufacture the product(s) to this specification.
The order cannot be changed after this point. You agree that whoever you arrange to attend the survey on your behalf and sign the Summary of Order will be acting as your agent and their authorisation of the specification of the product(s) ordered will be binding upon you. The product(s) supplied by us to you will correspond with the Summary of Order where a detailed survey has been undertaken or where no survey was required.
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, quotation, invoice, or email.
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, to ensure safe working practices it is a condition of these terms that the area in which the work is to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items, and household residents.
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.
You shall ensure that your electrical supply is safe and suitable for the goods we supply. We do not undertake any alterations or extensions to the main circuitry of the installation site. All connections by us will be to a 13amp socket. In order to facilitate the installation your electrical supply may be interrupted for the safe work of the Company’s representatives.
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 because 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, quotation, or invoice. 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.
A deposit (which depending upon order value may be up to 100% of the agreed price) shall be payable by you upon signing the Summary of Order or on confirming your acceptance of the order. Any balance due is to be paid 48 hours prior to installation.
DEBT RECOVERY.
In the event that your final balance payment is not received by us (for example, if your debit or credit card declines) 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 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.
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.
DELIVERY.
The cost of delivery and installation (where applicable) are included in the price. We will deliver the goods and supply the services to the place noted in the Summary of Order as the delivery address.
You will supply us with such information, rights of access and mains electricity that we may reasonably require in order to deliver the goods and perform the services and/or to check the goods and their installation where you notify us about a problem with the same.
Any delivery or supply date or time specified by us in the Summary of Order 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 & Luxaflex Window Shades, will have a delivery period in excess of 30 days. The estimated delivery date will be agreed with you at the time of the order or, where a survey is required, the time of the survey.
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.
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 be within 30 days unless a different date is agreed with you) and no one should 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.
All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and 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.
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. We will 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.
We may end the contract at any time in writing to you (including email) if; You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due. You do not, within a reasonable time, allow us access to your property to supply any services. You do not, within a reasonable time collect the goods from us, 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. 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.
If we end the contract in any of the situations set out in the 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. The contract ending for any reason shall not affect any accrued rights of you or 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 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.
OTHER IMPORTANT TERMS
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, THE SHADE STUDIO, 17 The Grangeway, London N21 2HD
The contract is between you and us. No other person shall have any rights to enforce any of its term.
LEGALITY.
English law governs the contract although you can bring proceedings in England, Scotland, Wales or Northern Ireland if you live in those countries.
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