BLINDS & CURTAINS
1 GENERAL GLOSSARY
In these conditions: “Advisor” means our representative(s) who assist you in choosing the Goods and installs the same; In addition to the 12 month warranty for the Goods as set out at clause 5.4. “Contract” means the contract, comprising these conditions and the “Order” (as defined below), for supply of Goods and Services; “Conservatory Blind Systems” means conservatory roof blinds only or, when purchased with such roof blinds, conservatory side blinds (as well as the conservatory roof blinds); “Order” means the order (on the attached form) by you for the Goods and Services accepted by us; “you”/“your” means the Consumer 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; “Services” means the services relating to the installation of the Goods; “we”/“us”/“our” means Loxon-Blinds,
Loxon Blinds `Ltd
71-75 Shelton Street
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; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 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 form attached to these conditions. 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 3 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order.)
2.3 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 PRICE AND PAYMENT
3.1 The price for the Goods and Services is stated on the Order. All prices are exclusive of the cost of VAT.
3.2 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. In the event that cleared funds are not received for the deposit payment we may request full payment before any installation of goods take place.
3.3 Unless credit terms have been agreed with us in writing or payment in-full has been made on placing the order, payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation (after expiry of the period set out at condition 9ii) or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
4 DELIVERY OF THE GOODS AND SUPPLY OF THE SERVICES
4.1 We will deliver the Goods and supply the Services to the place noted in the Order.
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. Including bad weather, illness, out of stock items.
4.3 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations and/or the obligations set out at condition 6 under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
4.4 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 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.
5 WARRANTIES FOR THE GOODS AND SERVICES
Subject to conditions 5.3, 5.5 and 5.6:
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 Order which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1 we will, either remedy the defect in question or re-supply the defective Services.
5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect or any samples shown or description given to you, any 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 blinds 60 months on motor (including, without limitation, conservatory side blinds not purchased with a conservatory roof blind), shutters and awnings from the date of 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, 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).
5.6 The warranties provided in this condition 5 shall not apply: in relation to fading/discolouration caused by fair wear 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.
5.7 Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, performance of the product is unimpaired and the warranties provided in this condition 5 shall not apply in relation to fading/discolouration caused by fair wear 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
6.1 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.
6.2 Nothing in this Contract excludes 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.
7 DELAY OR FAILURE TO PERFORM
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 God, 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.
8.1 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
8.2 Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
8.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
8.4 The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
8.5 Risk in the Goods passes upon delivery and fitting, but title will only pass to the customer upon payment in full being made.
9 NOTICE OF THE RIGHT TO CANCEL
i) 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 9(ii) 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.
ii) Notwithstanding clause 9(i) above, Loxon Blinds will accept cancellations of Orders placed provided that notice of cancellation is received within two calendar days starting with the date the Order is placed. Your cancellation must be received by email to Paul@Loxon-blinds.com or by telephone on 07515549509.
iii) The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 9(ii) above or on the telephone number in clause 9(ii) above.
iv) This Contract is with Loxon Blinds, whose registered office
71-75 Shelton Street
v) These Terms and Conditions apply to Loxon-Blinds Ltd