Terms & Conditions

Interpretation: These Terms & Conditions (“Terms”) apply to all goods and services you order from us. The goods we sell are generally bespoke products made to your order. We ask you to note that the cancellation rights do not apply in relation to bespoke products. We refer you in particular to clause 3.2 in this regard. We use the following defined terms throughout the terms: – “Confirmation Notice” means the confirmation which will be sent to you in writing via e-mail if order is placed under paragraph 1.1(a). “Contract” Means a binding contract for the supply of Goods and/or installation formed in accordance with section 1. “Goods” Means the Blinds, Shutters or other window furnishings or products manufactured and/or supplied by us which are the subject of your order. “Installation/Install” Means the fitting of the Goods by us. “Order” Means an order by you for the supply of Goods and/or Installation by us on an Order Form. “Order Form” Means our standard order form. “Price” Means the price of the goods and/or Installation and any applicable delivery or packaging charges. “Regulations” Means the General Product Safety Regulations 2005/2014 “Sales Literature” Means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote Goods. “You” Means the person ordering Goods and/or Installation from us. “We/Us/Our” Means Alan Ward Blinds Ltd. When we use the words “Writing” or “Written” in these terms, this will include e-mail.

• Any reference in these conditions to any provision of a stature shall be construed as a reference to that provision as amended, re-enacted or extended at that relevant time.

• The headlines in these conditions are for convenience only and shall not affect their interpretation. Our Contract with You: 1.1 You may enter into a contract with us in the following ways (a) Through our website, over the telephone or otherwise at a distance. The contract will be formed when we send you the Confirmation Notice and you have paid a 50% deposit, on made to measure products fitted by us, not including web orders. This will confirm acceptance of your order and provide details and important information which we must give you by law. (b) A visit from our sales people to your home, workplace, or otherwise away from our premises. The contract will be formed when you pay a 50% deposit (c) Placing an order whilst visiting our Premises. The contract will be formed when you pay a 50% deposit.

1.2 If you wish to cancel a contract, please refer to section 3 of these Terms to see if cancellation is permitted, and if so, how to go about doing so.

1.3 If we wish to cancel the contract, we can do so in accordance with section 4. (a) We always try to deal with your order as quickly and efficiently as possible. We will supply the Goods within 30 days unless you specifically agree a longer period with us. (b) If we give you a fixed date for delivery, whilst we do all we can to meet that date sometimes this may not be possible. Any given date/s will only be an estimate and you cannot hold us to the same.

Price and Payment;

2.1 The Price will include all taxes applicable from time to time, but please note that we may have had to make certain assumptions when pricing the installation. Please note in particular Section 5.3.

2.2 Our order form will give details of the payment terms of your order. We will debit the price from your debit or credit card accordingly if you have supplied us with the card details. Payments by cheque are not deemed to have been made until the cheque has cleared.

2.3 We will deliver/install the goods, and then the remaining 50% payment will be taken by us..

Cancelling a Contract:

3.1 IMPORTANT; if the Goods are made to measure by us for you (whether this be as a result of any specific measurements that you give us or we take at the time of a visit, or as a result of any other particular specific requirements you have which make the Goods bespoke) then you DO NOT have the right to cancel the contract. This does not affect your legal rights as a consumer if the goods or quality are not as described.

3.2 THIS CLAUSE IS EXTREMELY IMPORTANT AND YOUR ATTENTION IS DRAWN TO THE SAME; If the contract includes installation, unless you are entitled to cancel the contract pursuant to clause 3.1, you may not cancel or terminate the contract if, for any reason, you should decide that you will not allow us to install any safety device that accompanies the Goods which means that, as a result we cannot install the Goods pursuant to clause 5.4. In these circumstances, you will still be liable to pay us the full price due under the contract (but this will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described).

Cancellation by us:

4.1 We reserve the right to cancel the contract or decline your order if: – I. We have insufficient stock of the fabric or products required to manufacture and/or supply the Goods you have ordered; or II. Any of the Goods in your order were listed at an incorrect price due to a typographical error or an error in the pricing information made by us and/or received by us from our suppliers.

4.2 Before cancelling your order we will do our best to sort and offer you suitable alternative Goods of a similar style and quality, but you are not obliged to accept them.

4.3 If we do cancel your order, we will notify you as soon as possible and will credit you any payment already made to us relating to your order. Although we appreciate that you may be disappointed in such circumstance, we will not be able to offer you any compensation for disappointment you may suffer.

Installation:

5.1 If your order includes installation, we have to make certain assumptions when we quote you the price. These are that: – I. Access to immediately outside your property is unobstructed to a small van and with parking available; II. The area where the Goods are to be fitted in unobstructed and of the standard construction with no cables or pipes under the surface in the relevant area; III. The walls or wood into which we need to attach hanging apparatus are in a condition that allows us to easily obtain good fixings for the tracks, poles and battens; IV. You have removed all ornaments, appliances and other objects in the immediate working area; and V. None of the areas or items into which we are installing the Goods have any warranties or guarantees that will be invalidated by the installation.

5.2 If these assumptions are not met in your circumstances, or if you have reason to doubt that they are, for example if you live in a very old property, there are hidden pipes, conduits or cables or if you have parking or access problems, then you must let us know at point of order. If you do not, we may need to make an additional charge for the additional time, costs or materials required to complete the installation for you as a result of the assumptions not being met which will be added to the price, and any warranties you may have on third party products may in invalidated.

5.3 For the avoidance of doubt we will not be responsible for carrying out any building work or moving any furniture to clear access to the immediate working area, or for the invalidation of any warranties you do not tell us about in writing.

5.4 SAFETY DEVICES. We must comply with the regulations. The regulations have been introduced to help to prevent accidental death by way of strangulation to young children caused by them becoming entangled in the blind cords. We take our obligations under the regulations extremely seriously. These provide that safety devices supplied with the Goods must be fitted by us at the time of installation otherwise we may be negligent and be in breach of the regulations. Therefore, if the Goods contain any safety device, we will fit this device and ensure that we have complied with the regulations. In the event that you should instruct us that you do not wish to have such safety device fitted, then we will refuse to install the Goods. In such an instance, you will be liable to pay us the price under the contract.

5.5 You agree that you will not treat our refusal to install the Goods for the reasons set out in clause 5.4 above as a fundamental breach of the contract and that you will still be bound under the contract to take delivery of the Goods and to pay the same.

5.6 For the avoidance of doubt we see clauses 5.4 and 5.5 as reasonable in all the 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 of not as described.

Product descriptions

6.1 The product information and photographs contained in our sales literature are provided for illustrative purposes only.

6.2 Whilst every effort is made by us to ensure that Goods sold and delivered to you and installed in your home match in every respect and sample or description we may have shown or given or sent to you, minor or immaterial variations or change in colour or pattern between a sample or description and the Goods delivered shall not entitle you to reject the Goods nor claim any compensation for such variation or change.

Measurement

7.1 In relation to measured Goods, we also refer to clause 3.1 which applies to a contract under clause 1.1(a) and 1.1(b).

7.2 We can make the Goods according to the measurements you provide us 1.1(c). you can get information and tips on how to measure by contacting us.

7.3 In addition to clause 3.1, if you are providing us with your own measurements please ensure they are correct and accurate. Unfortunately, we cannot accept the return of Goods if the reason for the return is because you provided us with the wrong measurements.

Delivering Your Goods:

8.1 Please refer to section 1.3(a), 1.3(b) in relation to the period within which we will supply the goods.

8.2 Any date given for the delivery of goods or performance of the installation is an estimate only. Whilst we will make every effort to deliver on this date, we must stress that it is an estimate and may be subject to change.

8.3 Ownership of, and risk in, the goods will pass to you once they have been delivered to you and paid for in full. If you return the goods, ownership of, and risk of the goods returned will pass to us on receipt of the goods by us.

8.4 If more than one item is ordered we may deliver the goods in instalments.

Warranty:

9.1 We warrant that all Goods sold to you will be free from material defects for a period of [12 MONTHS] from delivery of the Goods to you.

9.2 As a consumer, you have legal rights in relation to Goods that are faulty or not as described in addition to the above warranty. Advice about your legal right is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

9.3 The warranty given in clause 9.1 above does not apply to any defects in the Goods arising to fair wear and tear, wilful damage, abnormal storage, negligence by you of any third party. Failure to use the Goods in accordance with the instructions, any unauthorised alterations or repairs, or any specification provided by you.

9.4 If the Goods are defective on delivery or a defect arises within the following 12 months, please contact us to provide details of the defects and we will discuss with you how the Goods should be returned to us. Provided that clause 9.3 does not apply and if it appears that the Goods are defective, we will promptly arrange: I. For the defective Goods to be collected from you in order to repair the Goods and return the repaired Goods to you free of charge; or II. To collect the defective Goods from you and simultaneously deliver the replacement Goods of a similar quality and specification, free of charge; or III. If you so request, arrange for the full refund of the price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.

9.5 If the Goods are not defective, or have been modified, misused or the subject of negligence, you will be responsible for the payment of our charges on a time and material basis in respect of any repairs and collection and return of the Goods which we agree to carry out at your request.

9.6 All Installations are guaranteed for a period of [12 Months] unless: – I. We need to customise items beyond the manufacturer’s original specification; II. The fittings you require, or request do not support the weight of the goods; or III. Someone who is not one of our staff or explicitly accredited by us has removed or refitted the goods.

9.7 Before commencing Installations we use our knowledge of good building practice to decide if we should fit in a particular area. It is up to you to tell us if you know of any cables or pipes hidden in the wall, and we will not be held responsible for striking such fittings.

9.8 We shall not be liable to you nor be deemed to be in breach of contract by reasons of any delay in performing, or failure to perform, any of our obligations in relation to the contract, or for any damage or defect to Goods delivered, that is caused by any event or circumstance beyond our reasonable control including, with limitation, third party defaults, strikes, lockouts, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, breakdown of manufacturing or other equipment or unavailability of raw materials.

9.9 In these terms we do not seek in any way to limit your statutory rights, nor to limit our liability for any death or personal injury resulting from negligence on our part.

General Terms

10.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

10.2 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any rights under the contract.

10.3 We will only use any information you give us in relation to your order for the purposes of processing your order providing the Goods and/or Installation for you and to inform you of similar products or services that we provide. Please let us know if you would rather not receive such marketing correspondence. If you are ordering from us online details of our treatment of your personal data will be detailed there, and you will be given the option to opt in our out accordingly. 10.4 This contract is subject to English Law and non-exclusive jurisdiction of the English Courts.