1. GENERAL GLOSSARY
1.1. In these conditions:
“Contract” means the contract, comprising these conditions and the “Order” (as defined below), for supply of Goods and Services;
“Customer” means any client who is purchasing goods and/or services;
“Order” means the order (on the attached quote) by you for the Goods and Services accepted by us;
“Quote” means the estimated price of a product or service;
“you”/“your” means the Customer submitting an order for Goods and Services;
“Goods” means the blinds, window furnishings or other products to be supplied by us as noted in the Order and described in the quote;
“Services” means the services relating to the installation of the Goods;
“we”/“us”/“our” means Shades Systems Ltd a company registered in England with number 10261870, registered office, 9 Ambleside Gardens, Sutton, Surrey, SM2 5ES, England, UK
1.2. These conditions:
- will apply to all your purchases of Goods and Services (as those terms are defined below) from us;
- may only be changed in a document signed by one of our directors
1.3. By accepting the Contract you are confirming that you are a Customer. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
2. YOUR ORDER FOR THE GOODS AND SERVICES
2.1. The Order shall be detailed on the quote attached to these conditions.
A contract of agreement is entered immediately after the quote is accepted and the Acceptance of Window Furnishings Estimate is signed (or the deposit is paid) by the client and received by Shades Systems Ltd.
2.3. Please note that whilst our staff are able to make recommendations in terms of finishes, system models or type of installation any final decision must be made by the customer.
3. PRICE AND PAYMENT
3.1. The price for the Goods and Services is stated on the Quote. All prices are inclusive of VAT. In the event of VAT changes the quotation will be altered accordingly.
3.2. The pricing quoted herewith is valid for 14 days from the date of this quote.
3.3. Deposit payment of 70% is required for an acceptance and valid placement of an order. However the deposit is required to begin manufacturing your order.
The outstanding balance of 30% is due on delivery date.
3.4. All goods remain the property of Shades Systems Ltd until paid for in full.
3.5. Deposits for goods ordered that are in production are non-refundable.
3.6. In case of incomplete or missing payment by the due date Shades Systems Ltd reserves the right to take legal proceedings in order to recover the cost of goods supplied by us in spite of our retention of title of the goods.
3.7. All orders paid by credit card will be subject to an additional charge (as stated below) of the total due. By placing an order the client agrees to payment being charged to their credit card account.
European cards have a fee of 1.5% + £0.20
Foreign cards & AMEX have a fee of 3.4% + £0.20
4. DELIVERY OF THE GOODS AND SUPPLY OF THE SERVICES4.1. We will deliver the Goods and supply the Services to the place noted in the Quote.
4.2. Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only, and we will not be liable to you for any loss or damage (including for the avoidance of doubt 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 fitting appointment) sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
4.3. In case of any postponed installation, the customer is responsible for any loss or damage of the goods, delivered to their address, prior to installation. The client will be liable for payment to remake the goods.
This will not affect your legal rights as a customer in relation to any Goods that are faulty.
4.4. All completion and delivery dates are an estimate only. Completion and delivery dates changes are possible at any time and Shades Systems Ltd shall be under no liability in the event of delay.
4.5. If we are unable to perform our obligations to you because of circumstances beyond our control (including accident, fire, flood, transport delays, strikes or other industrial disputes and difficulty obtaining supplies) we may cancel or suspend any of our obligations to you without liability.
4.6. A charge of £120.00 is payable if the installation is cancelled by the customer less than 3 working days prior to the confirmed date. Should the customer cancel the installation within 24 hours prior to the confirmed date, the full installation fee is payable. A new installation date will need to be agreed at the same cost.
4.7. Should the client defer delivery, any monies outstanding will be due immediately.
4.8. The client is responsible for ensuring adequate access to the site and area/s of installation.
4.9. Measurements for Self-Fit systems are the client’s responsibility. In case of Self-Fit the full payment is required to secure your order.
5. WARRANTIES FOR THE GOODS AND SERVICES
5.1. We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Quote which we have provided to you for those Services.
5.2. We will colour match any paint to your requirements but due to the nature and character of paint we cannot guarantee to reproduce these colours, shades and textures perfectly.
5.3. 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 reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.4. Subject to clause 5.6, and to the receipt of payment in full for your order, we offer a warranty of 12 months on our manually operated systems (including roller blinds, panel blinds, roman blinds, curtain tracks and poles and curtains) from the date of installation. For our motorised systems the warranty of the motors is as follows:
- for those motors with manufacturing date up to 31 December 2016, the warranty is 30 months from the date of installation
- for those motors with manufacturing date from 1 January 2017, the warranty is 60 months from the date of installation
The manufacturing date is printed on the motors.
The guarantee covers defects resulting from faulty materials or workmanship during the manufacture, deliver or installation.
5.5. We warrant that, subject to condition 5.6, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 5.4) after the date of delivery and installation of the relevant Goods, if they 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).
5.6. The warranties provided in this condition shall not apply:
- in relation to fading/discolouration caused by fair wear and tear
- where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods
- by accidents caused while the Goods are in your possession
- improper or inappropriate use of the product
- the product has been disassembled or has obvious signs of having been knocked or other damage.
- the product has been used for purposes other than those for which it was designed
- tampering, operations and/or modifications carried out by personnel who are not authorised by our company
- atmospheric events or conditions, lightning, water ingress, actions of third parties or resulting from any cause that lies outside the normal operating conditions of the motors, and that is beyond our control.
6. LIMITATION OF LIABILITYWe will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
7. NOTICE OF THE RIGHT TO CANCEL
7.1. The goods are bespoke and made-to-measure to your requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and hence you will not be able to cancel your Order once placed (subject to clause 7.2. below). This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
7.3. The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 7.2. above or on the telephone number in clause 7.2. above.
7.4. This Contract is with Shades Systems Ltd whose registered office is 9 Ambleside Gardens, Sutton, Surrey, SM2 5ES. Registered Number 10261870.