TERMS AND CONDITIONS
1.1 In these conditions:”Contract” means the contract, comprising these conditions, for the supply of Goods and Services;”Consumer” means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order (on the form overleaf) 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, shutters, awnings 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 Deva blinds Ltd, Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL.
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 a Director of Deva blinds Ltd; and from the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 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.
2 Your order for the Goods and Services
2.1 The Order shall be detailed on the Order Confirmation email. Once the Order email has been sent to 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 receiving the email (in which case we shall promptly refund any sums paid by you in respect of the Order.)
2.2 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 er may reasonably require in order to deliver the Goods and perform the Services and/or 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 inclusive of the cost of delivery and VAT where applicable.
3.2 Unless credit terms have been agreed with us in writing, 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 7 day statutory right to cancel set out at condition 9) or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
3.3 Where you do not make any payments 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.
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 sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
4.3 If you become unable to pay your debts (or have no reasonable prospect of doing so), 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.
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 the 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 supplies match in every respect any samples shown or description given to you, any minor or immaterial 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 We offer warranty periods for the Goods as follows: 12 months on blinds from the date of installation, 3 years on shutters and 5 years on 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 mis-use or modification).
5.6 The warranties provided in this condition 5 shall not apply where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods 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 loss.
6.2 Nothing in this Contract excludes or limits our liability: death or personal injury resulting from our negligence; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any 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 performance 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; was 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 breech 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 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 disputed arising out of or under it.
8.5 Any communications to Deva blinds Ltd should be addressed to Customer Services, Deva blinds Ltd, Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL.
9 Notice of the Right to Cancel
I) You have the right to cancel the Contract by giving Notice IN WRITING at any time within the next 7 days.
ii) This Contract is with Deva blinds Ltd whose trading address is Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL.
iii) You may exercise your right to cancel the Contract as provided for by clause 9(i) above , by delivering, or sending (including by electronic mail) to Customer Services, Deva blinds Ltd, Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL. or emailing [email protected] at any time within the period of 7 days starting with the date of this Notice.
iv) The Notice of Cancellation is deemed to be served as soon as it is posted or sent to us at the address on clause 9(iii) above, or in the case of electronic communication, from the day it is sent to us.
v) A Cancellation Form is provided below for your use should you wish to use it. You do not have to use this form. However, if you do wish to use the form it may be detached and sent to us at the address provided in clause 9(iii) above.
The Cancellation Form
If you wish to cancel the Contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) to the address below. You may use this form if you want to but you do not have to.
(Complete , detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To: Customer Services, Deva blinds Ltd, Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL.
I/We* hereby give notice that I/we* wish to cancel my/our* contract, (*delete as appropriate)
Name and address:
Deva blinds Ltd. Unit 65 Evans Business Centre, Minerva Avenue, Chester West Employment Park, Chester. CH1 4QL.