Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your Order to us. 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Grand Design Blinds Limited a company registered in England and Wales. Our company registration number is 08333315 and our trading address is at Preston House, 43 Preston Crowmarsh, Wallingford, Oxfordshire, OX10 6SL. Our VAT number is 718314052.
2.2 How to contact us. You can contact us by telephone on 01491 839746 or by writing to us at info@granddesignblinds.com or at our trading address above.
2.3 How we may contact you. 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 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our ordering process. You will contact us with a request for information on our products. At this time you will need to send us measurements for the products you may wish to purchase. From this we will prepare an estimate of costs for your preferred product type and size. If you choose to accept the estimate we will then visit the premises and take our own measurements (unless otherwise agreed). These are the measurements we will use to prepare your Order. We will provide you with a firm quotation based on the final measurements taken. Should you choose to proceed at this time you will need to confirm this to us. We will then issue an invoice for the deposit amount.
3.2 How we will accept your Order. Our acceptance of your Order will take place when we send you an invoice for the deposit payment due, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the product.
3.4 Your Order number. We will assign a project number to your Order and tell you what it is when we first contact you. It will help us if you can tell us the project number whenever you contact us about your Order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website, and any samples, drawings, advertising or descriptions are for illustrative purposes only. They shall not form part of the Contract or have any contractual force. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you (or your third party e.g. builder) have given us, you are responsible for ensuring that these measurements are correct. We strongly recommend that you allow us to take the measurements directly. If we do not take measurements see clause 10.6.2 and 11.4.3 regarding changes to your warranty and payments.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible however because each Order is made to measure and for your specific requirements this may not be possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery are included in your Order.
6.2 When we will deliver and install the products. During the Order process we will let you know when we the products will be ready and will then arrange a delivery and installation date with you. As a guide this is usually 6 weeks after acceptance of your Order, but we will liaise with you directly once a date is confirmed. Time shall not be of the essence for performance of the Contract unless you have specifically informed us of this at the time of placing the Order.
6.3 Where will the products be delivered and installed. We will deliver and install your Goods to the address specified on the Order.
6.4 If you do not allow us to deliver and install the products. If you do not allow us access to perform the services as arranged we may charge you for any additional costs incurred by us as a result, for example storage costs. 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 clause 9.2 will apply.
6.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told is of this delivery deadline before we accepted the Order.
6.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave to us.
6.7 When you own goods. You own the goods once we have received payment in full and cleared funds.
6.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
6.10 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.8). As well as suspending the products we may also charge you interest on your overdue payments (see clause 11.7).
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
THIS CLAUSE ONLY APPLIES TO OUR CONSUMER CUSTOMERS
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
7.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Goods which have been made to your specification; or
(b) Services, once these have been completed, even if the cancellation period is still running;
7.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. HOW TO END THE CONTRACT WITH US
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing or calling us on the details set out above.
8.2 How we will refund you. Any refunds that become due to you will refunded by the method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible, but no later than 30 days after you telling us that you have changed your mind
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
THIS CLAUSE ONLY APPLIES TO OUR CONSUMER CUSTOMERS
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the section below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. You are responsible for the costs of postage. We will then repair or replace the Goods.
10.4 Our promise to you. We promise that on delivery and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall:
10.4.1 conform in all material respects with their description and specification;
10.4.2 be free from material defects in design, material and workmanship; and
10.4.3 be fit for purpose.
10.5 If your Goods are defective. We will, at our sole option, repair or replace any defective Goods, that are within the Warranty Period, provided that you:
10.5.1 Notify us in writing as soon as possible of the Goods being defective;
10.5.2 We are given reasonable opportunity to examine the Goods; and
10.5.3 You return the Goods to the us, at your own expense.
10.6 When we will not repair or replace defective Goods. We will not be required to repair, replace (even when within the Warranty Period) or comply with the Warranty given in clause 10.4, if:
10.6.1 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, use or maintenance of the Goods;
10.6.2 you did not commission our services to install the Goods and a defect arises from your installation of the Goods;
10.6.3 the defect arises as a result of us following any drawing, design or specification supplied to us by you;
10.6.4 you alter or repair the Goods without our written consent;
10.6.5 the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions;
10.6.6 the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards; or
10.6.7 in any circumstance after the Warranty Period has ceased.
10.7 Our liability to you. Our total liability to you shall not exceed the total Order Price. We will have no further liability to you other than as set out in this clause 10.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. Our products are bespoke therefore you will need to provide us with details of the product size and pattern before we are able to give you a firm price. Guidelines of prices (which are estimate only) are available on request. Please contact us to arrange an estimate. We take all reasonable care to ensure the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you Order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your Order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment by bank transfer, cheque or cash. Our bank details will be provided to you on request.
11.4.1 Where you are purchasing Goods and Services:
11.4.1.1 You must pay 50% of the Order price on placing the Order. We will not proceed with starting your Order until this payment has been made in cleared funds.
11.4.1.2 The remaining 50% of your Order price is payable immediately on installation of the Goods.
11.4.2 Your Order is inclusive of 2 site visits from us to you, any additional site visits will be charged at the rate as specified on your estimate.
11.4.3 Where you are purchasing only Goods:
11.4.3.1 You must pay 100% of the Order price on placing the Order. We will not proceed with starting your Order until this payment has been made in cleared funds.
11.5 If we have made a Site Visit and you choose not to proceed with ordering we reserve the right to charge a site visit fee at the rate specified on your Order estimate. This will be payable immediately.
11.6 How long is your price fixed for.
11.6.1 We will provide you with an Order price prior to accepting your Order. This estimate is valid for 20 working days, after such time a new estimate will be required before the Order is accepted.
11.6.2 If you place an Order with us but we are unable to obtain specification and measurements from you for a period of 3 months or more from the date the Order was accepted, we reserve the right to increase the Order Price to reflect any annual increases or our third parties price increases. We will speak to you if this becomes applicable prior to progressing with your Order and you have a right to cancel at this time.
11.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.9 You cannot off-set any monies. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deductions or withholding of tax as required by law)
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We have insurance. We have obtained insurance cover in respect of our legal liability, up to an aggregate of £10 million.
12.2 We are responsible to you for certain damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill except where you have given your prior consent.
We are not responsible for any loss or damage that is not foreseeable or to which we draw you attention to prior to installing the products and to which you accept verbally.
12.3 We are not liable to you for your losses. We will not be liable for any loss of earnings, loss of opportunity, loss of business or any other losses arising indirectly or consequentially from this Contract.
12.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2; and for defective products under the Consumer Protection Act 1987.
12.5 When we are liable for damage to your property. 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. We will also not be liable for invalidating any third party warranty by the fitting and fixtures of our Products.
12.6 We are not liable for business losses. We only supply the products for domestic and private use. 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.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy
14. OTHER IMPORTANT TERMS
14.1 CIRCUMSTANCES OUTSIDE OF OUR CONTROL. We shall not be in breach of this Contract, nor liable for any delay or failure to perform our obligations under the Contract where the delay or failure results from any event, circumstances or cause beyond our reasonable control (a Force Majeure event).
14.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in Order to end the contract or make any changes to these terms.
14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this 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 provide the products, we can still require you to make the payment at a later date.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
