TERMS AND CONDITIONS
BEYOND BLINDS & SHUTTERS LTD
RESIDENTIAL TERMS AND CONDITIONS
These Terms and Conditions apply where the Customer is acting wholly or mainly for personal, domestic or household purposes.
DEFINITIONS
1.1 "Company" means Beyond Blinds & Shutters Ltd.
1.2 "Customer" means the person purchasing Goods and/or Services from the Company.
1.3 "Goods" means all blinds, shutters, curtains, awnings, motorised systems, accessories and associated products supplied by the Company.
1.4 "Services" means survey, consultation, supply, delivery, installation, programming and related services provided by the Company.
QUOTATIONS AND ORDERS
2.1 All quotations are valid for 30 days unless otherwise stated.
2.2 A contract shall be formed when:
(a) the Customer accepts the quotation;
(b) the required deposit is paid; and
(c) the Company accepts the order.
2.3 The Customer is responsible for checking that all details shown on the quotation or sales order are correct, including product type, colour, finish, fabric, dimensions, controls and room allocation.
2.4 Any amendments requested after acceptance may incur additional costs.
BESPOKE PRODUCTS
3.1 All Goods supplied by the Company are made to the Customer's individual requirements.
3.2 Once manufacturing has commenced, cancellation may not be possible.
3.3 Where cancellation is requested after manufacturing has commenced, the Customer shall remain liable for the full contract value.
3.4 Nothing within these Terms affects any statutory rights available to consumers under applicable law.
PRICE AND PAYMENT
4.1 Unless otherwise agreed in writing:
(a) 50% deposit is payable upon order;
(b) the remaining balance is payable upon installation.
4.2 The Company reserves the right to request staged payments for larger projects.
4.3 Ownership of the Goods shall remain with the Company until payment has been received in full.
4.4 If payment is not made when due, the Company may:
(a) suspend further work;
(b) withhold warranty services;
(c) recover reasonable debt recovery costs;
(d) commence legal proceedings to recover sums due.
SURVEYS AND MEASUREMENTS
5.1 Where measurements are taken by the Company, the Company accepts responsibility for manufacturing the Goods to fit those measurements.
5.2 Surveys are based upon conditions visible at the time of survey.
5.3 The Company shall be entitled to rely upon conditions observed during the survey.
5.4 If any changes occur after survey, including changes to windows, recesses, plasterwork, tiling, flooring, electrical supplies or surrounding structures, the Company reserves the right to charge additional costs arising from such changes.
5.5 Where measurements are supplied by the Customer, the Company accepts no responsibility for errors arising from those measurements.
DELIVERY AND INSTALLATION
6.1 Delivery and installation dates are estimates only.
6.2 Lead times may vary due to manufacturing, shipping, customs, supplier delays or circumstances beyond the Company's control.
6.3 Delays shall not entitle the Customer to compensation, cancellation or damages unless required by law.
6.4 The Customer shall provide:
(a) safe access;
(b) reasonable working space;
(c) access to electrical supplies where required;
(d) clear access to installation locations.
6.5 Furniture, ornaments, curtains and other obstructions should be removed before installation.
6.6 The Company reserves the right to charge reasonable additional costs where installation cannot proceed due to lack of access, customer absence, building works, unsafe conditions or circumstances beyond the Company's control.
6.7 Installation may require drilling, fixing, packing, trimming, levelling adjustments, filler work, silicone finishing and other reasonable installation procedures. Such work shall not constitute damage or defective workmanship.
ELECTRICAL CONNECTIONS AND MOTORISED PRODUCTS
7.1 The Company does not install, certify or test fixed electrical wiring.
7.2 The Customer is responsible for ensuring that all electrical supplies, wiring, fused spurs, sockets and associated electrical infrastructure have been installed correctly and comply with applicable regulations.
7.3 The Company shall not be liable for faults, failures, delays or damage arising from electrical supplies installed by third parties.
7.4 Where the Company attends site and a fault is found to arise from the electrical supply, third-party wiring, Wi-Fi networks, internet services or smart-home systems, the Company reserves the right to charge for additional visits.
7.5 The Company cannot guarantee compatibility with future software updates, internet services, wireless networks, routers, mobile applications, voice assistants or third-party smart-home systems.
7.6 Battery performance may vary depending upon product size, usage, environmental conditions and charging habits.
CONCEALED SERVICES
8.1 The Customer shall inform the Company of any concealed pipes, cables, wiring, alarms, CCTV systems, underfloor heating systems or other hidden services.
8.2 Whilst reasonable care shall be exercised, the Company shall not be liable for damage to concealed services that were not disclosed and could not reasonably have been identified.
PRODUCT CHARACTERISTICS
9.1 Natural variations in colour, grain, texture, finish and fabric are normal characteristics of many products.
9.2 Samples are intended as guides only and exact colour matching cannot be guaranteed.
9.3 Minor imperfections not visible from approximately one metre under normal lighting conditions shall not be regarded as defects.
9.4 Installation into older or uneven properties may require adjustments to achieve satisfactory operation and appearance.
BLACKOUT PRODUCTS
10.1 No blind, shutter or curtain system can guarantee complete exclusion of light.
10.2 Light ingress around edges, between panels, slats and operating components is normal and shall not constitute a defect.
AWNINGS
11.1 Wind sensors and weather sensors are designed to assist in protecting awnings but do not guarantee protection against damage.
11.2 Customers remain responsible for monitoring weather conditions and retracting awnings when appropriate.
11.3 The Company accepts no liability for damage caused by wind, storms, snow, ice, pooling water, misuse, neglect or failure to retract the awning.
11.4 External products are exposed to weather and environmental conditions and require reasonable care and maintenance.
WARRANTY
12.1 This warranty is in addition to the Customer's statutory rights.
12.2 Unless otherwise stated:
(a) blinds and curtains carry a 1-year installation warranty;
(b) shutters carry a 5-year installation warranty;
(c) awnings carry the manufacturer's warranty applicable at the date of supply.
12.3 The warranty covers manufacturing defects and installation defects.
12.4 The warranty does not cover:
(a) fair wear and tear;
(b) accidental damage;
(c) misuse;
(d) neglect;
(e) unauthorised modifications;
(f) fading due to sunlight;
(g) moisture damage;
(h) condensation damage;
(i) damage caused by adverse weather.
LIABILITY
13.1 Nothing within these Terms excludes liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any liability that cannot legally be excluded.
13.2 Subject to clause 13.1, the Company's total liability shall not exceed the total contract value paid by the Customer.
13.3 The Company shall not be liable for indirect or consequential losses.
FORCE MAJEURE
14.1 The Company shall not be liable for delays or failures caused by events beyond its reasonable control including supplier failures, manufacturing delays, transport delays, customs delays, labour shortages, strikes, pandemics, severe weather, acts of government or utility failures.
GOVERNING LAW
15.1 These Terms shall be governed by the laws of England and Wales.
15.2 Any dispute shall be subject to the jurisdiction of the courts of England and Wales.
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BEYOND BLINDS & SHUTTERS LTD
COMMERCIAL TERMS AND CONDITIONS
These Terms apply where the Customer is acting in the course of business, trade, profession, property management, development, investment or other commercial activity.
FORMATION OF CONTRACT
1.1 Acceptance of any quotation, payment of any deposit or instruction to proceed constitutes acceptance of these Terms.
1.2 These Terms shall prevail over any terms supplied by the Customer unless agreed in writing by a Director of the Company.
PAYMENT
2.1 Unless otherwise agreed:
(a) 50% deposit upon order;
(b) balance immediately upon installation.
2.2 Time for payment shall be of the essence.
2.3 The Company reserves the right to suspend works where payment is overdue.
2.4 Late payments shall incur interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 together with recovery costs and legal expenses.
CANCELLATION
3.1 Orders may not be cancelled once manufacturing has commenced.
3.2 The Customer shall remain liable for the full contract value for any cancelled bespoke order.
SURVEY AND SITE CONDITIONS
4.1 Surveys are based upon visible conditions only.
4.2 The Company shall not be responsible for hidden defects, inadequate structures, defective substrates, concealed services or inaccuracies in information supplied by the Customer.
4.3 Additional costs arising from unforeseen site conditions shall be chargeable.
ACCESS
5.1 The Customer shall provide safe access, power supplies, working space and unrestricted access to installation areas.
5.2 Delays, aborted visits and return visits shall be chargeable.
ELECTRICAL SUPPLIES
6.1 The Company does not install fixed electrical wiring.
6.2 All electrical infrastructure shall be supplied by others.
6.3 The Company accepts no responsibility for electrical faults, supply failures or wiring defects.
WARRANTIES
7.1 Warranty claims must be notified promptly upon discovery.
7.2 The Company's sole obligation shall be repair, replacement or credit at its discretion.
7.3 The Company shall not be liable for removal costs, redecorating costs, access equipment costs, project delays or third-party contractor costs.
AWNINGS AND EXTERNAL PRODUCTS
8.1 Wind sensors and weather sensors are assistive devices only.
8.2 The Customer remains responsible for operation and protection of external products.
8.3 No warranty is given against damage caused by weather conditions.
LIABILITY
9.1 Subject to clause 9.4, the Company's total liability arising from any contract shall not exceed the contract value.
9.2 The Company shall not be liable for:
(a) loss of profit;
(b) loss of revenue;
(c) loss of contracts;
(d) loss of business;
(e) loss of goodwill;
(f) indirect losses;
(g) consequential losses.
9.3 The Company shall not be liable for costs incurred by third parties.
9.4 Nothing excludes liability for death or personal injury caused by negligence or any liability that cannot legally be excluded.
RETENTION OF TITLE
10.1 Ownership of Goods remains with the Company until all sums due have been paid in full.
10.2 The Company may enter premises and recover unpaid Goods where legally entitled.
FORCE MAJEURE
11.1 The Company shall not be liable for delays arising from supplier issues, manufacturing delays, shipping delays, customs delays, labour shortages, industrial disputes, extreme weather or any event beyond reasonable control.
GOVERNING LAW
12.1 These Terms are governed by the laws of England and Wales.
12.2 The courts of England and Wales shall have exclusive jurisdiction.