These Terms and Conditions are the standard terms which apply to the provision of window blind manufacture and fitting services by Unique Blinds (“the Trader”) to customers who require services to be provided.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which You and We agree for Unique Blinds to have access to the Property to complete the Job;
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions;
“Business” means any business, trade, craft or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives our Services for their use whether Personal or Business;
“Deposit” means the deposit You will be required to pay in accordance with Clause 5;
“Final Fee” means the balance of all sums You must pay which will be shown on the invoice issued in accordance with these Terms and Conditions;
“Job” means the complete performance of the Services;
“Order” means Your initial request for Us to provide the Services;
“Products” means the products required for the provision of the Services which We will supply (if any) as specified in the Agreement;
“Property” means Your home or place of business, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means the quotation We give to You detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken;
“Start Date” means the date You and We agree on for Us to start providing the Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Unique Blinds visits the Property to provide the Services;
“We/Us/Our” means the Trader and includes all employees, agents and sub-contractors of the Trader;
“Unique Blinds” means Us or Our employee who will be responsible for providing the Services;
“Services” means the manufacture and fitting services We will provide as specified in the Agreement;
“You/Your” means a Consumer who is a customer of the Trader.
1.2 Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4 Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
1.5 Each reference to a Schedule is a reference to a schedule in these Terms and Conditions.
1.6 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include the other gender.
1.9 References to persons, unless the context otherwise requires, include corporations.
2. Information about Us
2.1 We trade under the name Unique Blinds.
2.2 Our main trading address is Unique Blinds, 38 Bycroft Road, Southall, UB1 2XQ.
3. Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, You may contact Us by telephone at 07719947983 or by email at firstname.lastname@example.org.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email at email@example.com; or
3.2.2 contact Us by pre-paid post at Unique Blinds, 38 Bycroft Road. Southall, UB1 2XO.
4.1 At the time of accepting the Quotation or not more than 7 days thereafter You must pay Us a Deposit. The Deposit will be 33%. We will not confirm an Order until the Deposit is paid in full.
4.2 The Deposit is non-refundable.
5. Fees and Payment
5.1 The Quoted Fee will include the price payable for the Services and for the Products required.
5.2 We accept the following methods of payment:
5.2.3 Bank Transfer.
5.3 If You do not pay an invoice by the due date, We may charge You interest on the overdue sum at the rate of 3% above the base rate of Barclays Bank from time to time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
5.4 If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
5.5 Balance of payment is due on fitting completion.
6.1 We will provide the Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
6.2 We may provide sketches, impressions, samples, photographs or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
6.3 We will use reasonable endeavours to ensure that the Products We use match any samples or description shown to you. However, any minor or immaterial variation between the sample or description and the goods delivered will not entitle you to cancel your order or reject the goods or withhold payment.
6.4 Should any defect in material or workmanship occur within your warranty period, we will arrange to inspect the goods and if found to be defective we reserve the right to decide on whether to repair or replace the product. Repairs or replacement under this Clause 6.4 will be carried out free of charge only where there has been no misuse or modification of the product.
6.5 Product warranty does not apply to fading / discolouration caused by wear and tear or where repairs or replacement is due to misuse, modification or accidental damage to the product.
6.6 All products supplied comply with British Standard BS EN ISO 105 B02, fading will occur during normal use.
6.7 The responsibility (sometimes referred to as the “risk”) for the Products remains with Us until they have been delivered to You at which point it will pass to you. You will own the Products once We have received payment in full for them.
6.8 We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
6.9 We will ensure that We comply with all relevant codes of practice.
6.10 We will ensure that no parts of the Property suffer damage as a result of Our provision of the Services. We will make good any damage that occurs at no additional expense to You as soon as is reasonably possible.
6.11 We will properly dispose of all waste that results from Our provision of the Services.
7. Your Obligations
7.1 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the Services.
7.2 You will ensure that the Unique Blinds can access the Property at the Agreed Times to provide the Services.
7.3 You may either give the Unique Blinds a set of keys to the Property or be present at the Agreed Times to give the Unique Blinds access. We promise that all keys will be kept safely and securely by Unique Blinds.
7.4 You must ensure that the Unique Blinds has access to electrical outlets and a supply of hot and cold running water.
7.5 You must give Us at least 72 hours’ notice if You do not require the Unique Blinds to provide installation Services on a particular day or at a particular time. We will not invoice for cancelled installation visits provided such notice is given. If less than 72 notice is given We will invoice You a £150 cancellation charge.
7.6 Cancellation charge may be levied up to six months after cancellation date has passed and will be payable immediately.
8. Complaints and Feedback
8.1 We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
9. Cancellation of Contract During the Cooling Off Period
9.1 Goods are bespoke and made to measure to your requirements. Therefore, they fall under the tailor-made product category within the Consumer Contracts Regulations and you will not be able to cancel your Order once placed or receive a refund for your placed Order.
9.2 In certain circumstances, we reserve the right to charge you a cancellation fee.
9.3 Where you are cancelling prior to production of your Order, we will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
9.4 The terms of this Clause 9 do not affect your legal rights as a consumer in relation to made to measure goods that are faulty or not as described.
10. Cancellation Before the Start Date
10.1 We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
11.1 You may terminate the Agreement with immediate effect by giving Us written notice if:
11.1.1 We enter into liquidation or have an administrator or receiver appointed over Our assets;
11.2 We may terminate the Agreement with immediate effect by giving You written notice if:
11.2.1 You fail to make a payment on time as required;
11.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 14 days of Us asking You in writing to do so; or
11.2.3 You and We have been unable to agree a revised Start Date;
11.2.4 We have been unable to provide the Services for more than 2 weeks due to an event outside of Our control.
11.3 For the purposes of this Clause, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11.4 If at the termination date:
11.4.1 You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;
11.4.2 We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment as per our payment terms.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
12.2 If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform You as soon as is reasonably possible;
12.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
13.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We will maintain suitable and valid insurance including public liability insurance.
13.3 We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
13.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Services or damage to areas where blinds are fitted as as a result of pre-existing faulty structures.
13.5 Our total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the Unique Blinds) is limited to £1000.
13.6 We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Unique Blinds.
13.7 Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
13.8 Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14. Other Important Terms
14.1 Our measuring services ensure the blinds are produced to the correct dimensions for installation and fitting. You therefore accept that the measurements we have taken are correct for the product you have ordered. If the product is clearly incorrect for the space and we have made an error in measurement, we will correct this at our own cost.
14.2 When Blackout fabrics are ordered, please note that there is always some percentage of light seepage through sides and bottom of blinds. This is not a measurement error.
14.3 It should be expected that there are joins in fabric blinds.
14.4 Regulations are in place to reduce the strangulation risk to children posed by looped cords. All blinds are therefore required, by law, to have safety devices fitted. No goods will be installed without these devices in place. Cancellation for blinds based on the use of these required devices will not be processed and full payment will remain due.
14.5 You may not make any material alterations to the windows in areas where blinds have been agreed to be fitted. This includes relocation, installation or removal of any fixed item that you have not told us about.
14.6 We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
14.7 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
14.8 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
14.9 The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
14.10 If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
14.11 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
15. Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and Us(whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
16. How We Use Your Personal Information (Data Protection)
All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation and Your rights under that Regulation.
We may use Your personal information to:
• provide the Services to You;
• process Your payment for the Services;
• inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
We will not pass on Your personal information to any other third parties without first obtaining Your express permission.