Terms and Conditions
Last updated: 02th August 2022
Reynolds Blinds (Leamington Spa) Ltd – Terms and Conditions
These Terms and Conditions apply to all Services and Blinds provided by us, Reynolds Blinds (Leamington Spa) Ltd, a company registered in England under number 06679943, whose registered address is at 162 The Parade, Leamington Spa, Warwickshire, CV32 4AE (“we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Blinds”, where applicable, means the bespoke blinds, shutters, soft furnishings and/or other items which are to be produced by us and supplied to you as detailed in our Quotation;
“Consumer” as defined in the Consumer Rights Act 2015;
“Contract” means the contract formed upon your acceptance of our Quotation, as detailed in clause 2;
“Customer/You/Your” means you, the individual, firm or corporate body placing an order with us;
“Quotation” means our estimate for providing the Blinds and/or installation Services, which unless otherwise stated, remains open for acceptance for a period of 14 days and constitutes our entire scope of works; and
“Services”, where applicable, means the installation services to be provided by us to you as detailed in our Quotation.
1.2 Each reference in these Terms and Conditions to:
1.2.1 “writing” and “written” includes emails;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
1.2.4 a clause is a reference to a clause of these Terms and Conditions; and
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa. References to persons shall include corporations.
2. How the Contract is Formed
2.1 These Terms and Conditions govern the sale of all Services and Blinds by us and will form the basis of the Contract between you and us.
2.2 A legally binding Contract between you and us will be created upon your acceptance of our Quotation. Before accepting this Quotation, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. No terms or conditions issued or referred to by you in any form will in any way vary or add to these Terms and Conditions unless we agree otherwise in writing.
2.3 Our Quotation is based on the information provided to us at the time we prepare it. If any errors or discrepancies become evident which affect our price, we reserve the right to make adjustments to it.
3.1 We may agree to arrange an appointment to take measurements of the proposed, before providing our Quotation. However, if we are unable to do so, or if we agree to quote from measurements, drawings and/or photographs you provide, we may need to adjust our Quotation if additional works are required due to changes or factors, we were unaware of at the time of quoting.
3.2 On the day of the appointment you must arrange to provide us clear access to the windows or doors.
3.3 Following our initial consultation, we will provide you with a Quotation for the Services you have requested. This will be based on the brief given by you at this initial consultation.
3.4 If you require any additional services after accepting our Quotation, we will provide you with a further Quotation, which must be accepted by you in writing before we will proceed.
3.5 Any alterations including but not limited to measurements or fabric changes following the initial consultation or any additional visits required above the allowance included for in the Quotation (unless otherwise stated is one) will be chargeable in accordance with clause 5.3.
3.6 We will ensure that our Services are provided with reasonable care and skill and in accordance with best trade practice.
3.7 We will arrange to take measurements for the Blinds as part of the Service. If we have done so, you must inform us as soon as possible of any changes in or around the work area that may affect our works. Please note due to the design of shutters, whilst they are still made to measure you must allow up 10mm movement which it outside our control.
3.8 Where it is agreed for you to provide measurements for the Blinds, we will manufacture the items to the specifications and measurements provided by you, therefore, please ensure that all information that you provide to us is correct, accurate and complete.
3.9 We cannot accept the return of any Blinds if the return is due to incorrect information provided by you and any changes required will be chargeable. Please note that this does not affect your legal rights (including, but not limited to, those described in these Terms and Conditions).
3.10 We reserve the right to make any changes in the specification of the Blinds that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
3.11 We will endeavour to match similar items and your requirements as closely as possible but please note that the specification and colours may differ slightly due to unavoidable variances in the composition of fabrics and the position they are placed in the room where certain lights can have an effect. We will arrange for samples to be shown to you to be inspected by you, therefore, we cannot be held responsible if you are not satisfied with the fabric upon delivery.
4. Delivery of Blinds
4.1 We will provide you with an estimated delivery date for the Blinds. Unless otherwise agreed in writing, we will have no obligation to deliver the items by a specified date where we have also agreed installation. You must arrange to provide us with access to the property on the agreed date. We require a minimum of 48 hours’ notice if we will be unable to fit the Blinds on the agreed day or time. If we receive less than 48 hours’ notice, we may charge for the aborted visit and we reserve the right to charge for any costs incurred by us, such as for storage.
4.2 Delivery will be deemed to have taken place when the Blinds have been delivered to the delivery address indicated in our Quotation and you (or someone identified by you) have taken physical possession of them. If for any reason we are unable to deliver the Blinds to your chosen delivery address, we will leave a note requesting that you contact us to arrange re-delivery. The re-delivery will be chargeable at our discretion.
4.3 The responsibility (sometimes referred to as the “risk”) for the Blinds remains with us until delivery is complete as defined in clause 4.2, at which point it will pass to you.
4.4 You will own the Blinds once we have received payment in full for them in cleared funds.
4.5 Where we have delivered the Blinds and you are to fit them, or arrange for a third party to fit them, we cannot be held responsible for any damage caused or incorrect placement during the fitting.
The following clauses apply where we have agreed installation
4.6 It is your responsibility to ensure the property and work area are suitable for us to carry out our works.
4.7 We may instruct you to take reasonable steps to protect your property including, but not limited to, the removal of furniture and valuable or delicate items from areas where work is to be carried out by. We shall not be liable for any damage which occurs as a result of your failure to follow such instructions.
4.8 We will properly dispose of all waste that results from our works, unless otherwise agreed.
4.9 We will presume you are satisfied with the works if we do not hear from you within 48 hours of completion of the works. Subject to clauses 9 and 10, we accept no liability for damage or changes that occur after this time.
5. Price and Payment
5.1 Upon acceptance of our Quotation, if you’re a Consumer you will be required to pay the quoted fee unless otherwise stated. Orders will not be deemed confirmed until the fee is paid in full.
5.2 All quoted prices include VAT where applicable. If the rate of VAT changes between the date of your order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.3 We reserve the right to charge £30.00 + VAT for mileage to attend visits where there have been additional visits and £25 + VAT per hour for alterations and adjustments.
5.4 If you do not make payment to us by the due date, we will stop providing our Services and will charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, both before or after judgment. This will not apply if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6.1 If you are a Consumer and you have arranged our Services away from our premises (for example, by email, telephone or in your own home), you have a statutory right to a “cooling off” period. This period begins once the Contract between you and us is formed and ends at the end of 14 calendar days after that date. If you wish to cancel the Contract within the cooling off period, you should inform us immediately by post or email. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice before the cancellation period has expired. If you do so, we will refund any sums paid to us under the Contract within 14 days, using the same method you used to make payment, unless you request otherwise.
6.2 If you wish for our Services to start within the cooling off period, you must make an express request for us to do so. You acknowledge and agree that if you do so, you will lose your right to cancel if our Services are completed within the 14 day cooling off period. If we have begun providing our Services, you will be required to pay for the Services we have provided up to the point at which you inform us of your wish to cancel.
6.3 You are not entitled to a cooling off period if the Contract is formed at our premises and for and goods that have been made to order. Therefore, in these circumstances, you are not entitlement to cancel your order at any time after accepting our Quotation if you change your mind. If you wish to cancel your order, we will retain the deposit and will invoice for any items or Services provided by us but not yet paid for.
6.4 We will be entitled to cancel your order at any time after you have accepted our Quotation. In this event, we will refund any payments made to us in advance within 28 days, minus the cost of any Blinds or Services provided up to the date of cancellation where applicable.
7. Returning Damaged, Faulty or Incorrect Blinds
7.1 By law, we must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase.
7.2 If you receive Blinds that are damaged, faulty or incorrect, caused by a mistake made by us in production, alteration or delivery, you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this clause 7.
7.3 Faults or damage caused by normal wear and tear or improper treatment does not entitle you to return goods under this clause 7. It also does not apply to Blinds which are incorrect as a result of incorrect information that you have supplied to us. We will require you to prove that the goods in question were faulty on receipt if you wish to return them to us under this clause 7.
7.4 It is your responsibility to inspect the Blinds on delivery where they are not being installed by us.
7.5 If you wish to return Blinds to us under this clause 7, they must be made available to us to collect in their original condition, accompanied by proof of purchase, within 30 days of receipt of the Blinds.
7.6 We will issue you with a refund or replacement within 14 days of the day on which we agree that you are entitled to it.
8. Our Liability
8.1 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 our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable, including but not limited to any loss of profit, loss of business, interruption to business or loss of any business opportunity.
8.2 We may provide recommendations for goods or services to be provided by other companies, however, you are under no obligation to accept these recommendations and under no circumstances shall we be liable for the actions or lack of actions of said other companies.
8.3 We guarantee that, with the exception of normal wear and tear, our workmanship will be free from any and all defects for the period of 12 months. If any defects appear due to no fault of yours, we will rectify any and all such defects at no cost to you.
8.4 Due to the nature of the goods we cannot guarantee how the fabric will react from normal wear and tear or to environmental conditions including but not limited to humidity or damp. You must ensure they have not been touched by an object that would allow moisture or heat including but not limited to radiators.
8.5 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8.6 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable. For more details on your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
9. Intellectual Property Rights
9.1 We own (and retain) all intellectual property rights subsisting in any and all designs created in the course of performing the Services. Title to all such works will remain with us at all times, subject to our right to assign and/or licence the same in the future.
9.2 We will be free to use any of our designs in any of our marketing and advertising materials without your approval or consent.
10. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that 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, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
11. Complaints and Feedback
11.1 We always welcome feedback from our customers and, whilst 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.
11.2 If you wish to complain about any aspect of your dealings with us, please contact us in writing. We will respond to your complaint within 14 days.
11.3 In the event that we are unable to resolve the matter to your satisfaction, you may refer the complaint to the British Blind and Shutter Association’s Mediation Service (BBSA) XXXX
12. How We Use Your Personal Information (Data Protection)
12.1 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 UK GDPR and Data Protection Act 2018.
13. Other Important Terms
13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
13.3 The Contract 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 these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
14.2 Any dispute, controversy, proceedings or claim between us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.