TERMS AND CONDITIONS. Valid from 1st September 2019
We are Express Blinds and Curtains Ltd., also trading as Express Shutters, Blinds and Curtains. Our Registered office and Showroom is Unit 5, Aldham Ind. Est., Mitchell Road, Wombwell, Barnsley S73 8HA.
Our VAT Registration Number is 789 6367 51. We are a company registered and trading in England and our Company Registration Number is 6079584. You can contact us by email at: email@example.com or by Telephone on 01226 756111.
Our Terms and Conditions of Supply and Fitting Goods are ruled by the requirements of the Consumer Rights Act (CRA) 2015, the Child Safety Requirements BS EN 13120:2009+A1:2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.
CONTRACT. If you place an order on our website, through a catalogue or by telephone, the contract will only be made when we send you a letter or an email confirming we have accepted your order. If you place an order with one of our salespeople (either on our premises or elsewhere), the contract will be made when you sign the order form.
GOODS. The goods you receive from us must be; of satisfactory quality, fit for purpose or any purpose made known to us, and must meet any description given. Please note that the images of the product we supply in our sales literature or online are for illustration purposes only and we cannot guarantee that these printed/computer-displayed images will reflect the colour of the product accurately. Our packaging may also vary.
SERVICES. If we agree to carry out a service for you, we will ensure that this is carried out using reasonable care and skill.
GUARANTEE. Details of any guarantee that comes with the goods/services you have purchased are explained at the end of these conditions and are also on our order confirmation form ign.
CHILD SAFETY. If the goods contain any safety device(s) and/or are to be fitted in accordance with child safety requirements placing an obligation on all businesses to supply and professionally install safe products, then we will be required to fit such device(s). In the event that you should instruct us that you do not wish to have the safety device(s) fitted, we will refuse to install the goods. In such an instance, you will still be liable to pay the full price.
MEASUREMENTS. If you are providing your own measurements, ensue they are correct and accurate as we cannot accept the return of made to measure goods on the basis that the measurements were incorrectly supplied by you.
INSTALLATION. The price for installation was agreed on the assumptions that; there is going to be one continuous site visit, there is unobstructed access to outside your property for vehicle parking, the area where the goods are to be fitted is unobstructed, surfaces and grounds the goods are to be fixed to are in good condition allowing us to easily obtain good fixings and with no objects in the immediate working area, there is no asbestos that we would be likely to come into contact with, and that no items under warranties/guarantees will be invalidated by the installation. We may make further reasonable charge for the additional time, costs or materials if these conditions are not met. We are not responsible for any loss or damage to your property that is not foreseeable, unless due to our negligence, or for the cost of repairing any pre-existing faults to your property, or for any damage discovered whilst undertaking the installation. We will not be responsible for carrying out any building work, moving any furniture, clearing access or invalidation of any warranties you do not tell us about in writing before you make your order.
ACCESS. If we have agreed to install the goods for you and you do not allow us access to premises without having a good reason for this, we may charge you additional reasonable costs incurred to us as a result of this. If despite our reasonable efforts we are unable to contact you to rearrange access to the premises, we may end the contract and you will be liable to pay us a sum up to the price due under the contract.
PRICE. The price for goods/services is set out in full in the order form and includes VAT. Payments are to be paid as indicated in the order form. We will contact you when the goods are ready for installation and will require payment before fitting commences. We do not keep Credit Card details and will not debit the total price from your debit/credit card until we despatch or when we contact you to arrange installation of the goods; any deposit paid by you will be deducted from the final payment.
FURTHER CHARGES. If you ordered installation services from us, further charges may apply in case additional and unforeseen circumstances arise. These will always be notified to you in writing. Please note that late payments may incur an interest rate set at 2% a year above HSBC base lending rate accruing on a daily basis from the due date until the actual date you make the payment.
DELIVERY. The cost of delivery and installation (where applicable) are included in the price. If you have asked to collect the goods from our premises, you can do so during our opening hours when we notify you that the goods are ready. If we are delivering to you (this will be within 30 days unless a different date is agreed with you) and no one is available to take delivery at your address, we will leave you a note or contact you by email or telephone informing you of how to re-arrange delivery. If you do not rearrange delivery (or collect the goods from us) within a reasonable time, we may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you to re-deliver or arrange collection within a reasonable time, we may end the contract and you will still be liable to pay us the price due under the contract. Delivery dates cannot be guaranteed.
DELAY OUTSIDE OUR CONTROL. If delivery/installation is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this we will not be liable for any delays caused by the event, as long as the goods are still supplied within a reasonable length of time.
YOUR RIGHT TO CANCEL. a) A tick in the first column of the order form titled “Can this item be cancelled?” indicates the items that can be cancelled within the cancellation period. You have the right to cancel any of these item(s) from your order without giving any reason. You do not have the right to cancel goods that have been made to your specification or personalised. This also includes made to measure items, goods that have been cut to size, made to your personal design and also all goods that have been purchased in store. In order to cancel goods, you must inform us of your decision by letter, by email, or by returning our cancellation form to us within the 14 day period. The cancellation period for the supply of goods ticked on the order form will expire 14 days after you, or someone you nominated receives the goods (if the order is for multiple goods, the cancellation period expires 14 days after the final delivery). The cancellation period for services will end 14 days after the contract is made. If you asked us to begin performance of the service during the cancellation period, you shall pay us an amount that is in proportion to what has been performed up to the time of cancellation, in comparison to the total value of the contract. Following cancellation, you must return the unwanted, cancellable goods at your own expense to our address above or we will collect unwanted goods from your premises at your expense. The goods must be returned to us within 14 days of you informing us of your wish to cancel. The contract price and the original delivery costs will be returned to you within 14 days of the return of the goods, or if the goods have not been delivered to you, within 14 days of you informing us that you wish to cancel. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss in value is the result of unnecessary damage or handling by you.
b) You lose your right to cancel a service contract that has been fully performed within the cancellation period, providing that you requested this and acknowledged that the right to cancel would be lost. This does not affect your legal rights as a consumer if the goods are faulty or not as described.
c) You may cancel a contract if we have told you about a pricing error/error with a description of the goods and you do not wish to proceed. If there is a risk that supply may be significantly delayed, or you have a legal right to cancel because of something we have done wrong.
d) If we miss the delivery deadline for any of the goods, you can treat the contract as at an end if; we have refused to deliver the goods, delivery time was essential, and you have informed us of this at the time of your order and we accepted your order on that basis. Alternatively, we can give you a new deadline for re-delivery that must be reasonable and if this is not met, then treat the contract as at an end. You can then cancel your order for any of the goods or reject any of the goods that have been delivered under the contract. We will then refund your money you have paid for the cancelled goods and their delivery and installation. Goods already delivered to you must be returned to us in good condition at our expense or you must allow us to collect them at our expense.
OUR RIGHT TO CANCEL. a) We may end the contract at any time in writing to you (including email) if payment due to us was still not made within 7 days of us reminding you it was due, or if you do not, within a reasonable time; allow us to deliver the goods to you, collect the goods from us, or allow us to install the goods (if this was agreed), you will then be in breach of the contract and still liable to pay us the price due under the contract.
b) if your order is accepted and processed and a pricing error that is obvious, unmistakable and could have been recognised by you as being so occurs, we reserve the right to terminate the contract and refund any sum of money you have paid to us.
This Guarantee is not transferable and does not cover purchases made before 1st September 2019.
CONTINUITY. Due to the continual development of our products and manufacturing processes we cannot guarantee that products, colours and pattern repeats ordered at different times will be exactly the same.
LIABILITY. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking the contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable unless due to our negligence. Loss and damage is foreseeable if either it is obvious that it will happen or if, at the time you placed the order both we and you knew it might happen, e.g. If you discussed it with us before placing the order.
THIRD PARTIES. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
COMPLAINTS. You should inspect the goods and any installation work as soon as conveniently possible and contact us if you believe there is a problem. You can phone us or email us or write to us using our contact details above to inform us of any issues. We will respond to your complaint as soon as possible. In the event that we are unable to resolve the matter you have the right to pursue the matter through the Small Claims Court.
OWNERSHIP AND RESPONSIBILITY FOR GOODS. The goods supplied/installed by us will become your property once we have received payment for them in full. The goods become your responsibility from the time; they were delivered to the address you gave us, you collected the goods from us, or the time we pass the goods to any third party organised by you.
LEGALITY. English Law governs the contract although you can bring proceedings in England, Scotland, Wales or Northern Ireland if you live in those countries.
Express Blinds and Curtains Ltd offer a ONE YEAR FULL, PLUS a further FIVE YEAR LIMITED GUARANTEE on all its products.
0 - 12 months. We fully guarantee all our products against faults caused by failure of materials, workmanship and installation for an initial period of 12 months from date of installation.
12 - 24 months. The above guarantee is extended to 24 months except for discolouration or warpage of material as this will no longer be covered by the fabric/material manufacturer. This includes wooden products which due the nature of the material can be affected by sunlight and moisture of which we have no control. 24 - 72 months. We will continue to offer a limited guarantee that covers the remaining 48 months up to 6 years from date of installation. This will cover faulty materials and parts, but will not include labour. We will inspect the product free of charge and offer a quotation for the cost of repair. It will then be at your discretion to decide if you wish to proceed. Any necessary materials and parts will be supplied free of charge, but Labour will be charged as an initial £25 plus whatever Labour costs are incurred during repair at a rate of £15 per hour. Any defect found at any time should be notified to the company within a reasonable period and not allowed to deteriorate further. No one expects a product to remain in perfect condition for ever, so this Guarantee does not cover fair wear and tear or misuse by the customer. Any replacement product/repair is guaranteed from the initial invoice date, not the date of replacement/repair.
We do not use your personal detail for any other purpose than to operate our business and will not pass on your personal details to anyone outside the company. We do not hold records of your Credit/Debit Cards at all, including Computer Databases. To receive our latest offers you must tick the box provided to OPT IN to our email marketing campaigns. You can withdraw consent at any time by post, email or letter.