TERMS AND CONDITIONS FOR HOMESMART BLINDS
a) By accepting the Contract you are confirming that you are a Consumer. 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.
b) If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to the valid to the fullest extent permitted by law. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have a comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
2. YOUR ORDER FOR THE GOODS AND SERVICES
a) Our Order shall be detailed on the order form. Once the Order has been completed and signed by you 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 of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Orders.)
b) When ordering your goods, you are agreeing to a legal binding contract. According to Consumer Contracts Regulations 2013, made to measure goods, e.g. blinds are excluded from this legislation and the 7 day cancellation rights do not apply. Cancellations are still possible and a full refund will be issued as long as products or parts of them have not been made. In the event that your goods have already been made we are unable to refund your money. Telephone us as soon as possible if you wish to cancel or change an order and we can check if the order has gone into production.
c) You warrant to us that you have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and 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 check the Goods and their installation where you notify us about a problem with the same.
3. GOODS AND SERVICES
a) We will deliver the Goods and supply the Services to the place noted in the Order
b) Unless other 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 and 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.
c) Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords. 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 remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this cause 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.
4. PRICE AND PAYMENT
a) The price for the Goods and Services is stated on the Order. All prices are inclusive of the cost of delivery and VAT.
b) A deposit (which depending upon order value may be up to 100% of the agreed price) shall be payable upon signing this agreement. This payment shall be forfeited to the Company on account of damages in the event of the customer’s breach of contract. We will arrange the production once the fund has cleared.
c) Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law; withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods at any time.
a) We warrant that subject to 5 b), should any defect in material or workmanship occur within the relevant warranty period after the date of delivery and installation of the relevant Goods, we will arrange with you to examine the Goods and, if the Goods 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).
b) Warranties provided in this condition shall not apply: in relation to fading/discoloration caused by fair ware and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.
6. LIMITATION OF LIABILITY
a) We 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 any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
b) Nothing in this Contract excluded or limits our liability for: death or personal injury resulting from our negligence or that of our employees or Advisors; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.
c) We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation; an act of Gods, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.