Terms & Conditions
The following words have these meanings throughout the Conditions:
Conditions means the terms and conditions set out in this document;
Contract means the legally-binding agreement between you and us for the sale and purchase of Services which incorporates these Conditions;
Delivery Location means the location where the Services are to be supplied, as set out in the Order, which must be only in mainland England, Wales and Scotland;
Goods any goods that we supply to you with the Services, of the number and description and any relating documentation as set out in your Order Confirmation;
Order/Order Confirmation means your order for the Services from us, as set out in your Order Confirmation;
Services the services of the number and description set out in your Order Confirmation;
Specification means the description or specification of the Services set out in your Order Confirmation;
we, us or our means Grand Design Blinds Limited. Registered in England and Wales with number 833315, VAT number 718314052, registered office 20 High Street, Dorchester-On-Thames, Wallingford, Oxfordshire OX10 7HH, trading at Preston House, 43 Preston Crowmarsh, Wallingford, Oxfordshire OX10 6SL, telephone 01491 839746, email email@example.com
2 Application of these conditions and contract formation
2.1 Any estimate provided by us for the provision of Services prior to your submitting an Order is not a binding offer by us to supply Services.
2.2 When you place an Order to purchase Services from us, you are just making a binding offer to purchase those Services in accordance with these Conditions.
2.3 We can reject any Order if we wish for any reason, although we will try to tell you promptly the reason for our decision, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine fair reason.
2.4 A Contract will be formed for the Services you have ordered, only on our confirming in writing to you saying that your Order has been accepted or, if earlier, our delivery of the Services to you.
2.5 No variation of the Contract, whether about description of the Services, price or otherwise, can be made afterwards unless the variation is agreed by you and us in writing and signed by us.
3.1 The charges, and any additional delivery or other charges and any other costs for each of type of Services, and the total price of them, will be as set out in your Order.
3.2 The charges will include VAT at the rate applicable at the time of your Order. If there is an increase in VAT at the time of invoicing, we reserve the right to increase the charge accordingly.
4.1 You must pay 50% of the total costs for the Services before we will accept your Order. Payment must be made by cash, cheque or bank transfer.
4.2 The deposit is non-refundable in any circumstances (unless we reject your Order as set out in clause 2.3.
4.3 You must pay the remainder of the Order value immediately upon completion of the service by cash, cheque or bank transfer.
5.1 We aim to deliver the Services, including the Goods, to the Delivery Location by the time, within the period that you and we have agreed or within a reasonable time (see 5.2).
5.2 We do aim to deliver the Services within 6 weeks of our accepting your Order however; this is an estimated time only as it is subject to the making and receiving of the Goods by us from the factory. We will try and give you an estimated time for delivery as set out in your Order.
5.3 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other of your remedies) treat the Contract at an end if:
5.3.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you told us before the Contract was made that delivery on time was essential; or
5.3.2 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
5.4 If you treat the Contract at an end under condition 5.3, we will promptly return all your payments made under the Contract.
5.5 If you were entitled to treat the Contract at an end under condition 5.3, but you do not do so, you are not prevented from cancelling immediately your Order for any Goods and, if you do this, we must then without delay reimburse to you all your payments made under the Contract in respect of any such cancelled Goods. This is in addition to any other of your remedies.
5.6 Our delivery of the Services might be affected by events beyond our reasonable control. In such circumstances, there might be a delay before we can recommence the Services, having made reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of the circumstances, but we will attempt to recommence the Services as soon as those events have been resolved.
5.7 These are examples of events which can be outside our reasonable control:
5.7.1 weather conditions make it impossible or unsafe for us to perform the Services;
5.7.2 the Goods are not delivered at the time agreed with the manufacturer of the Goods (and it is not possible to obtain a replacement within a reasonable time, or the price charged by a manufacturer is much higher than the original charge);
5.7.3 you change the Services (and this results in e.g. our having to do further work or wait for different Goods;
5.7.4 we have to wait for your other providers to complete their work before we are able to perform the Services;
5.7.5 we are unable to gain access to the Delivery Location to perform the Services at the times we have agreed with you; or
5.7.6 you have not prepared the Delivery Location despite your promise to do so.
In these circumstances we may have to agree with you extra charges for abortive visits, etc.
6 Risk and ownership
6.1 Risk of damage to, or loss of, the Goods will pass from us to you only on delivery of the Goods.
6.2 Ownership of the Goods will pass from us to you on payment in full for the Services.
6.3 While we still own any of the Goods, you:
6.3.1 must take reasonable care of them;
6.3.2 must hold those Goods as our property on our behalf; and
6.3.3 must not pawn, sell or dispose of those Goods or give someone any rights over them.
6.4 If any step is taken towards your bankruptcy or if you are overdue in making any payment, we can choose, by immediate notice to you to end any remaining right of yours to use the Goods still owned by us and suspend or cancel any delivery. In that case, you must return those Goods or allow us to collect them. The exercise of any of those choices will not cancel your obligation to pay the price for those Goods, provided that we must make a fair allowance to you for the value of any Goods which we have recovered.
7.1 We have a legal duty to supply the Services in conformity with the Contract. We will not have conformed if we have not complied with conditions 7.2 to 7.4.
7.2 The Services will be provided with reasonable skill and care.
7.3 In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between you and us (before entering this Contract or later). Please note that the provision of custom-made blinds frequently requires some compromises and this is quite normal.
7.4 Upon delivery, and for at least 12 months after delivery, the Goods will:
7.4.1 be of satisfactory quality;
7.4.2 be reasonably fit for any particular purpose; and
7.4.3 conform to their description save as set out in clause 7.6.
7.5 We take reasonable steps to display as accurately as possible the colours, shades, appearance and detailing of the Goods and all Our other products on Website and in our catalogues and other media however, we cannot guarantee that the images will exactly reflect the colour, appearance or detailing of the physical Goods. The Goods may vary slightly from the images. To the extent permitted by your statutory rights, we accept no liability associated with such variation.
7.6 A failure to conform to conditions 7.4 and 7.5 is not a failure to conform if it has its origin in materials supplied by you.
8 Excluding liability
8.1 We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made, or (ii) any loss which relates to your business, trade, craft or profession.
8.2 Without prejudice to any other provision in these terms our total liability for any claims, or for the total of all claims arising from one act of default on our part however arising (whether arising from our negligence or otherwise) shall not exceed the total price as stated on the Order.
9 Duration, termination and suspension
9.1 The Contract continues as long as it takes for us to perform the Services.
9.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 14 days of the written notice.
9.3 On termination of the Contract for any reason, any remaining rights and liabilities of you and us will not be affected.
10 Successors and our sub-contractors
Either you or we can transfer the benefit of this Contract to someone else, and you or we remain liable to the other for your and our obligations under this Contract. We will be liable for the acts of any sub-contractors who we choose to help us perform our duties.
11 Data protection and privacy
We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Services and handle your payment for them and, if you give us your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly.
12 Governing law, jurisdiction and complaints
12.1 This Contract will be governed by the law of England and Wales.
12.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales.
12.3 We will try to avoid any dispute and make sure you are happy, but if you wish to discuss any aspect of our Service with us then please contact us by email, telephone or in writing.
13 Withdrawal and cancellation
13.1 You can withdraw your Order by telling us of your decision to withdraw before the Contract is made. However, we will retain the deposit (if paid) or require you to pay us for services performed thus far.
13.2 Once your Order has been accepted, you will have no right to cancel the Order. This is because the Goods are made specifically for you.
13.3 if you cancel your Order before the Services are commenced:
(i) We will charge you for the full cost of the Goods; and
(ii) We will charge the following in relation to the Services:
(a) If you cancel 14 days or more before the date we were due to perform the Services 50% of the charges relating to the Services;
(b) If you cancel within 14 days before the date we were due to perform the Services 100% of the charges relating to the Services
14 Child Safety
Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords and chains. These 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 Goods. In such circumstances you will remain liable for the full cost of the Goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this clause to be reasonable in all 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.
15 Measurements for the Goods in the Event of Supply-Only
The Goods you are purchasing are made using Measurements that you supply to us. It is your responsibility to ensure that the Measurements are accurate. We cannot accept the return of the Goods by reason of the fact that the Measurements you have provided are incorrect.