1. OUR CONTRACT
BlindsTrade.com invites You to buy Goods from Us. A legally binding contract with You will only arise once Siesta Blinds has received payment for the Goods in full from You. We shall notify You of acceptance of Your order by email to the email address given by You in the order form.
2.1 The price for any Goods ordered by You will be the price shown on the order confirmation section of the BlindsTrade.com web-site at the time You place Your order and will include all taxes applicable from time to time.
2.2 In addition to the price, a delivery charge may be payable in respect of deliveries made to locations within the UK mainland other than orders for sample swatches of fabric alone. The delivery charge will be that shown on the order confirmation section of the BlindsTrade.com web-site at the time You place Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order. Delivery to locations outside of the UK mainland will be made only with Our express prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of the UK mainland You are advised to contact Us on Our enquiry line or by email in advance of placing Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us.
2.3 Subject to clause 6, We will debit the price, plus any delivery charge, from Your debit or credit card when We receive Your order or as soon as reasonably practicable thereafter. If more than one item is ordered We may deliver the Goods in instalments but, if We do, We will not charge more than one delivery fee.
3. RIGHT FOR YOU TO CANCEL YOUR CONTRACT
You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom-made to Your requirements or specifications as these Goods will not be resaleable by Us. We regret that once Your order has been accepted by Us in relation to such Goods and entered on Our manufacturing process We are unable to accept any changes to these Goods or cancellation of Your order without levying a handling charge (see below). If prior to delivery You do wish to change Your order or cancel it after We have accepted it please contact Us as soon as possible by email or telephone order as described above and We will try to assist You. Our acceptance of cancellation of Your order will be subject to retention by Us of a handling charge equal to 30% of the price paid for these custom-made Goods. The balance of the price paid will be reimbursed to You within 30 days of notification of cancellation by recrediting Your debit or credit card.
4. CANCELLATION BY US4.1 We reserve the right to cancel Your order if:
4.1.1 We have insufficient stock to deliver the Goods You have ordered
4.1.2 You require delivery outside the United Kingdom; or
4.1.3 one or more of the Goods You ordered was 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 If We do cancel Your order We will notify You by email and will re-credit to Your account any sum deducted by Us from Your debit or credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. STOCK SHORTAGESIf the Goods or the fabric You order are unavailable We will notify You as soon as possible and suggest a suitable replacement.
6. PRODUCT DESCRIPTIONS AND MEASUREMENT
6.1 The product information and photographs contained within Our web-site are provided for illustrative purposes only and We cannot warrant that they are accurate. If You are in any doubt as to the precise nature of the product or fabric You wish to order, You are advised to order a free sample of the product.
6.2 As the Goods which You order are manufactured according to the measurements You provide in Your order it is very important that Your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the ‘Measure and Fitting’ page and you can also download PDFs of these pages from our web-site. Or simply call Our enquiry line on 0845 095 3411 Local call rate or contact Us by email if You would like guidance on how to take the required measurements accurately.
6.3 Whilst every attempt will be made by BlindsTrade.com to ensure that the Goods sold and delivered match in every respect any sample or description shown or given or sent to You, any minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change.
7. DELIVERING YOUR GOODS
7.1 BlindsTrade.com will deliver Your Goods to the address You have provided on the order form for delivery on the date that You have specified on the order form and in any event normally within 7 working days of the day after Your order was placed unless a later date is agreed with You.
7.2 Notwithstanding clause 7.1, whilst we shall use our reasonable endeavours to meet the delivery date specified by You on the order form if We shall not be able to accept this delivery date We reserve the right to require You to select an alternative delivery date by notifying Us by email with Your order number or call Us on 0845 095 3411 Local call ratewith Your order number.
7.3 Ownership of, and risk in, the Goods will pass to You once they have been delivered to You. If You return the Goods under clauses 3 or 8, ownership of, and risk in the Goods returned will pass to Us on receipt of the Goods by Us.
8. DEFECTIVE GOODS
8.1 Blindstrade.com warrants that all Goods sold to You will be free from defects in material and workmanship for a period of 12 months from delivery of the goods to You.
8.2 If Your Goods are defective on delivery or a defect arises within the following 12 months, You are entitled to return them to Us provided You have first contacted Us through the telephone or email address shown on Our web-site, or in writing at the address set out in the Contact Us section of Our web-site, giving Us details of the defects, but only if We have agreed that the Goods should be returned to Us. If it appears that the Goods are defective We will promptly arrange:-
8.2.1 for a courier to collect the defective Goods from You in order to repair the Goods and return the repaired Goods to You, free of charge; or
8.2.2 for a courier to collect the defective Goods from You and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
8.2.3 if the Goods are defective on delivery, and You so request, arrange for a full refund of the price and delivery charge of the defective Goods by crediting Your debit or credit card within 30 days of receipt of the defective Goods provided that the Goods have not been modified or subject to mis-use or negligence. Please contact Us via telephone or by email as described above for guidance on how to pack Your Goods to return them.
8.3 No liability under clause 8.2 shall arise unless the price and the delivery charge have been paid in full on or before delivery.
8.4 If the Goods are not defective, or are returned to Us after the period of 12 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges before carrying out the repair.
8.5 Except where You are a consumer, Blindstrade.com will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our supply or failure to supply the Goods to You.
8.6 The rights You have under clauses 8.1 and 8.2 above do not in any way seek to limit Blindstrade.com’ liability for death or personal injury resulting from Blindstrade.com’ negligence and they do not limit any statutory rights You have as a consumer.
8.7 Except where You are acting as a consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this web-site or by any employee or agent of Blindstrade.com shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
10. EVENTS BEYOND OUR CONTROL
We shall have no liability to You for any failure to deliver Goods You have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, third party default, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
13. THIRD PARTY RIGHTS
Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. GOVERNING LAW
This contract is subject to English law and the exclusive jurisdiction of the English courts.