Blind and Shutter Warehouse

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Terms and Conditions

1)   Parties, Definitions and Interpretation

In these terms and conditions ("the Terms"), “the Buyer" means the person, business and/or company placing an order for the goods and/or services from the Seller, “the Seller” means Discount Blinds Direct Ltd trading as BlindsandShutters and “the Goods” means the products (usually blinds, and, or shutters) ordered by the Buyer from the Seller and supplied by the Seller. “Contract” means the agreement between the Buyer and the Seller. “In writing” includes order forms, letters, emails and any correspondence in a hand-held device. Words using the masculine gender also include the feminine gender and words using the singular also include the plural.
The Terms, together with the details contained in the Buyer’s order and any other conditions agreed in writing between the parties, constitute the entire Contract between the Buyer and the Seller and no modification to the Contract shall be effective unless made by written agreement between the parties.  

2)   Quotations, Estimates and Price Variations

2.1   Any estimate/quote provided by the Seller is valid for 30 days from date of quote/ estimate and is subject to withdrawal by the Seller at any time before receipt of acceptance of the quote/estimate by the Buyer unless so accepted within 30 days from the date of quote/ estimate.
2.2 All prices stated on the Seller’s website and/or on/in any marketing material, documentation and/or electronic communication or by any person or source representing the Seller prior to the date of order are superseded by the prices quoted in the quote/estimate.
2.3   Prices quoted are for the Goods and delivery of the Goods (to a single address within mainland UK) only and do not include installation of the Goods. (Any matters concerning installation of Goods are laid out in clause 7 of these Terms).  
2.4   Quotations and estimates are exclusive of VAT. (See clause 3.2 of these Terms).

3.   Price and Payment

3.1   The Buyer will be treated as an Account Client or a Non-Account Client.
3.2   The price of any Goods ordered by the Buyer and payable by the Buyer will be subject to VAT at the prevailing rate on the date of invoice and this VAT will be payable by the Buyer in addition to the value of the order.
3.3   On signing and placing the order, the Buyer is liable for the full price of the Goods (including VAT) and the Seller will not process an order until full payment has been received into its bank account.
3.4   The price will include a single delivery of the Goods to one address within Mainland UK.
3.5   The price does not include installation of the Goods and the Seller does not offer an installation service of the Goods unless specifically agreed to between the parties. (Any matters concerning installation of Goods are laid out in clause 8 of these Terms). 
3.6   By placing an order the Buyer agrees to full payment of the order. This payment can be in the following forms.
* Charge to the Buyer’s debit or credit card account. (The Buyer consents to this
charge to their debit or credit card account upon the provision of the account details
to the Seller);
* BACS payment direct to the Seller’s bank account;
* cheque posted to the Seller’s postal address and cleared in the Seller’s bank account.
3.7   Orders paid for using a credit card will be subject to an additional 2.5% charge to the overall price of the order.

4.   Stock Shortages and Unavailability

4.1   If the Goods ordered by the Buyer from the Seller are unavailable, the Seller will notify the Buyer as soon as possible and discuss a suitable replacement.   
4.2   If the Seller is unable to satisfy the Buyer by supplying Goods of a similar description and standard to the original order, the order will be considered null and void and the Seller will refund to the Buyer the full value of the order.    
4.3   The Seller reserves the right to substitute Goods of a similar description and standard if the requested/ordered Goods are not available but will use reasonable endeavours to match the order exactly. In the unlikely event of the Buyer receiving substituted Goods, the Buyer shall be entitled to return the goods for a full refund within 10 working days from the date of delivery should the substituted product not be acceptable and, in such a case, the seller shall pay the return delivery costs.

5.   Delivery of the Goods

5.1   The price will include a single delivery to one address within Mainland UK.
5.2   Delivery times stated are approximate only and time is not of the essence. Whilst every effort is made to ensure Goods are received by the Buyer in good time, the Seller cannot accept any responsibility for financial loss arising out of delay or failure to deliver by a specified date.
5.3   If the Buyer fails to take delivery of the Goods or any part of the Goods for any reason whatsoever, the Seller will be entitled to charge the Buyer for redelivery of the Goods and the Buyer will pay to the Seller all costs and expenses associated with the non-delivery and/or re-delivery including any storage and insurance costs.
5.4   Ownership of and title to the Goods and responsibility for them shall transfer to the Buyer on delivery of the Goods except where Goods are collected from the Seller by the Buyer or a third party nominated by the Buyer in which instance ownership of the Goods and risk to the Goods passes to the Buyer upon collection.
5.5   The delivery address shall be the Buyer's address as stated on the order unless otherwise agreed between the parties in writing.

6.   Returns and Cancellations

6.1   The Seller cannot accept responsibility for any damage to the Goods or any other deviation from the contracted specification unless reported to the Seller in writing within 7 calendar days following delivery. The right to bring a claim against the Seller shall lapse upon expiry of this period.
6.2   The Seller shall not be liable to the Buyer for short delivery of Goods however caused but shall provide the Buyer with the outstanding/short delivered Goods as soon as is reasonably possible following notification sent by the Buyer to the Seller of the short-delivery.
6.3   Subject to clause 6.1, any defective Goods must be returned by the Buyer to the Seller. The Seller will arrange for the collection of these Goods from a single address in Mainland UK and will pay the cost of transport of the Goods.
6.4   The Buyer cannot change or cancel the order once accepted by the Seller if the Goods ordered are manufactured, measured or custom-made to the Buyer's requirements or specifications and measurements, as these Goods will not be resalable by the Seller.
6.5   The Seller may cancel the Contract if the price quoted becomes uneconomic, or if the Goods or the finish ordered by the Buyer becomes unavailable.

7.  Installation/Fitment of Goods

7.1   The Seller is in the business of supplying the Goods (the blind) only and is not in the business of being present when the Goods are delivered or installing/fitting the Goods and, therefore, the price does not include the installation/fitment of the Goods and the Seller does not offer this service unless otherwise discussed and agreed to between the Seller and the Buyer.   
7.2   Should an agreement be made between the Buyer and the Seller for the Seller to fit/install the Goods the Seller will charge the Buyer in addition to the price of the Goods (which includes a single delivery to one UK address within Mainland UK) a fee for the installation/fitment. This fee is for time and labour involved in the fitment/installation of the Goods. This fitment/installation fee is subject to VAT at the prevailing rate
7.3   In instances where it has been agreed and arranged between the parties for the Seller to install the Goods for the Buyer and a fitment date has been scheduled and agreed to between the parties, the following conditions (which form part of these Terms) will apply:
* Should the Buyer cancel the scheduled fitment appointment with less than 1 working days notice, the Buyer will be liable to pay to the Seller 50% of the fitting cost quoted.
* Should the Buyer not be at the fitment site or unable to arrange access to the fitment site for the Seller to install the Goods, the Buyer will be liable to pay to the Seller 50% of the fitting cost quoted and another installation appointment may then be arranged between the parties.
* The Buyer cannot commit to an exact time of being present to fit the Goods and cannot be held liable for any losses whatsoever for late-attendance however will endeavour, as is reasonably possible, to attend the fitment appointment on time.    

8.   Liability

All Goods are sold to the Buyer on the following conditions.
8.1   All Goods should be fully inspected, subject to clauses 6.1 and 6.3, and prior to their installation. The Buyer must check that the blinds are in accordance with the order for colour and design prior to installation. The Seller cannot accept responsibility in circumstances where the Buyer relies upon a representative present at the time of delivery and/or checking of the Goods and is not present personally.
8.2   The Seller cannot guarantee precise colour matching against samples due to the fact that the Goods are made from natural materials. Minor imperfections not readily apparent at a distance of 4 feet under ordinary light will not be accepted as defects. Colour matching of finishing products (such as paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished Goods.
8.3   The Seller cannot guarantee the Goods against fading especially as a result of exposure to sunlight where some fading will occur. The Goods are not guaranteed against extreme damp or variable conditions.
8.4   The Seller reserves the right to withdraw any products and colours at any time including after accepting an order and cannot be held responsible for any consequences caused by the withdrawal of such products.
8.5   Save as is inconsistent with statute, under no circumstances, except in respect of death or personal injury caused by the Seller's negligence, does the Seller accept liability for consequential loss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss or damage is hereby specifically excluded. Should a claim be made under this agreement the Seller's liability is limited to the value of the order placed by the Buyer.
8.6   The Seller gives no warranty as to the fitness of the Goods supplied for any purpose other than that of an internal window dressing. Other installation positions and uses of the Goods are undertaken solely at the risk of the Buyer.
8.7   Tolerance levels of overall panel specifications are plus or minus 2mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.
8.8   It is recommended that panels be ordered within the seller's normal specification range. For example, panels above 1800mm in height are ordered with a divider rail, and that single panel widths do not exceed 890mm for wood panels and 750mm for MDF, double hung panels shall not exceed 550mm. The maximum panel length shall not exceed 3000mm. The seller may exceed the limitation at the buyer's request, but in doing so the seller cannot accept responsibility for problems that result.
8.9   If the Buyer chooses to install against the Seller's advice and/or recommendation the Seller accepts no liability for the installation or the Goods and any guarantee or warranty is thereby invalidated.
8.10   Where the order is based on measurements supplied by the Buyer, the Seller cannot accept the return of the Goods or any claim for compensation whatsoever by reason only of the measurements given being incorrect or unsatisfactory or inappropriate.
8.11 Where tracking is used the buyer accepts that there is a gap of not more than 20mm at the bottom of the shutter and the floor or sill due to the Jam Bracket that is used. There is also a small light gap between the top of the panel and the facia plate.
8.12   The Buyer accepts that the Buyer’s openings are not perfectly square and level, that shutters are made as "square and true" and the shutters will be fitted to the best endeavour. Sills that are not level may have that appearance enhanced by the installation of shutters and that it is not the sellers responsibility to level the shutters to opening's level where that level is not level as measured with a spirit level.
8.13   The Buyer accepts that the Seller’s products are custom made from wood or compounds of wood materials and may have slight imperfections due to the fact that they are made from natural materials. The Buyer accepts that these Goods are fitted to the best of the Seller’s abilities and that there may be slight imperfections around fixing points and areas of natural wood may have grain or indentations and that these maybe be filled. This is normal practice with wood products.

9.   Use of Cards

9.1   By placing an order the Buyer authorises the Seller at its discretion to carry out a credit reference or other enquiry upon the Buyer's financial status as the Seller thinks fit and the Buyer agrees to provide such written authorisation as may be required for purposes of such enquiry and in the absence of such authorisation the Seller will be unable to process the Buyer's order.
9.2   The Buyer warrants that all details provided on the order form for the purpose of purchasing the Goods are correct, that the credit and/or debit card they are using is their own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.
9.3   Orders paid for using a credit card will be subject to an additional 2.5% charge to the overall price of the transaction.
9.4   Upon provision of his credit/debit card details, the Buyer consents to the Seller charging the full order value (including VAT) to his credit/debit card account.   

10.   Representations

No statement, description, or recommendation contained in any marketing material, price list, advertisement, communication, website page or by any agent or employee of the Seller shall be interpreted so as to enlarge, vary or override in any way any of the Terms.

11.   Invalidity

If any part of these Terms is unenforceable including any provision in which the Seller excludes liability to the Buyer the enforceability of any other of these conditions of sale will not be affected.

12.   Third Party Rights

Except for the Seller's affiliates, directors, employees or representatives, a person who is not a party to this agreement shall have no rights (Rights of Third Parties Act, 1999) to enforce any of its terms.