Terms and Conditions
In these conditions ‘the seller’ means The Stylish Shutter Company or Stylish Shutters and ‘the buyer’ means the person, firm or company placing an order for goods or services, which are subject to these terms and conditions which are not variable except in writing signed by the seller.
All prices are quoted without commitment and are subject to alteration or withdrawal by the seller without prior notice, and can be superseded by the prices quoted in the order.
3) PRICE & PAYMENT
a. The price for any Goods ordered by the buyer will be the price shown on the order form at the time the buyer places an order and will include VAT at the prevailing rate and delivery to one address within Mainland UK.
b. The Buyer is required to pay a 50% deposit of the total order value at the time of placing the order with the seller, this deposit is non-refundable should the buyer change their mind. Orders in excess of £4,000 require a deposit of 65%. The buyers must pay the outstanding balance at least seven days prior to the installation date. The seller reserves the right to change the installation date if the final payment has not cleared through the banking system or has not been received. A legally binding contract with you will arise once The Stylish Shutter Company has received payment for the goods in full from you.
c. All orders paid for using a credit card will be subject to an additional 2.5% charge to the overall price of the transaction.
4) STOCK SHORTAGES
a. If the goods ordered are unavailable the seller will notify the buyer as soon as possible and suggest a suitable replacement.
b. The seller reserves the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the order exactly.
a. Delivery times stated are approximate only and time is not of the essence for delivery. Whilst every effort is made to ensure due performance the seller cannot accept responsibility for financial loss arising out of delay or failure to deliver by the specified date.
b. If a buyer fails to take delivery of the goods or any part of them for any reason whatsoever the seller will be entitled to charge for redelivery and the buyer will pay to the seller all costs and expenses associated with the non-delivery including storage and insurance charges. The balance of the contract price will also become due. Any delay or failure to deliver by the seller will not entitle the buyer to refuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction.
c. The address for delivery shall be the buyer’s address as stated on the order unless otherwise agreed between the parties in writing.
6) CANCEL YOUR CONTRACT
The buyer cannot change or cancel the order once accepted by the seller if the goods are manufactured, measured or custom made to the buyer’s requirements or specifications, as these goods will not be resalable by the seller. The cancellation provisions in Regulation 10 of The Consumer Protection (Distance Selling) Regulations 2000 do not apply to this agreement.
7) CANCELLATION BY US
The seller has the right to cancel the buyer’s order if the seller has insufficient stock to deliver the Goods ordered or one or more of the goods ordered were listed at an incorrect price due to a typographical error in the pricing information. If the seller does cancel the order the seller will notify the buyer by email and will reimburse the buyer as soon as possible but in any event within 30 days of the order. The seller will not be obliged to offer any additional compensation for disappointment suffered.
All goods are sold to the buyer on the following conditions. The seller does not accept any responsibility arising from the buyer’s failure to follow this condition.
a. All goods should be fully inspected prior to installation. The buyer must check that the shutters and blinds are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer is not present at the delivery/installation address at the time of delivery and/or installation. If the client is not on site when a property is surveyed or when the goods are installed the shutters will be fitted in accordance with the seller’s standard practices unless previously agreed to the contrary.
b. The buyer must check that shutters and blinds are to colour sample prior to installation. The seller cannot guarantee precise colour matching against samples, most of our products are made from a natural materials. Minor imperfections not readily apparent at a distance of six feet under ordinary light will not be accepted as defects. Colour matching of finishing products (eg paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product. Where natural and medium natural Cedar is used the seller does not guarantee a match against any of the samples shown, they are representative only of the choice and variation in natural and medium natural cedar. All colours may occur in one order although best endeavour is made to match the samples.
c. The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight where some fading will occur. The goods are not guaranteed against extreme damp or variable conditions.
d. The seller reserves the right to withdraw any products and colours at any time including after accepting an order without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such products.
e. Save as is inconsistent with statute, under no circumstances, except in respect of death or personal injury caused by the seller’s negligence, does the seller accept liability for consequential loss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss or damage is hereby specifically excluded. Should a claim be made under this agreement the seller’s liability is limited to value of the order placed by the buyer.
f. The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the seller. Other installation positions and uses are undertaken at the risk of the buyer.
g. Tolerance levels of overall panel specifications are plus or minus 2mm, and the product will not be considered defective if falling within the size range. On MDF or LDF products such as the Seattle range, the height tolerance may differ by as much as 6mm. Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.
h. It is recommended that panels be ordered within the seller’s normal specification range. For example, panels above 1800mm in height are ordered with a divider rail, and that single panel widths do not exceed 890mm for wood panels and 750mm for LDF/MDF, double hung panels shall not exceed 550mm. The maximum panel length shall not exceed 3000mm. The seller may exceed the limitation at the buyer’s request, but in doing so the seller cannot accept responsibility for problems that result.
i. If the buyer chooses to install against the seller’s recommendation the seller accepts no liability for the installation or the goods and any guarantee or warranty is thereby invalidated.
j. Where the order is based on measurements supplied by the buyer the seller cannot accept the return of the goods or any claim for compensation by reason only of the measurements given being incorrect.
k. Where tracking is used the buyer accepts that there is a gap of not more than 20mm at the bottom of the shutter and the floor or sill due to the Jam Bracket that is used. There is also a small light gap between the top of the panel and the facia plate.
l. The buyer accepts that the buyer’s openings are not perfectly square and level, that shutters are made as “square and true” and the shutters will be fitted to the best endeavour. On installation of the shutters/blinds the sellers installers may be required to make adjustments or alterations to the component parts of the shutters/blinds and/or the frames that the shutters are hinged to. These adjustments will be made to our standard practices. In cases where an opening is not square, we will be required to use cover strips or sealant to conceal gaps/imperfections. Sills that are not level may have that appearance enhanced by the installation of shutters and that it is not the seller’s responsibility to level the shutters to openings level where that level is not level as measured with a spirit level.
m. The buyer accepts that the seller’s products are custom made from wood or compounds of wood materials and may have slight imperfections as made from natural materials. The buyer accepts that these products are fitted to the best of the sellers abilities and that there maybe slight imperfections around fixing points and areas of natural wood may have grain or indentations and that these maybe be filled. This is normal practice with wood products.
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, Web site pages or by any agent or employee of the seller shall be interpreted so as to enlarge, vary or override in any way any of these terms or conditions.
If any part of these terms and conditions is unenforceable including any provision in which the seller excludes liability to the buyer the enforceability of any other part of these conditions will not be affected.
11) THIRD PARTIES RIGHTS
Except for the seller’s affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contacts (Right 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 form that Act.
12) GOVERNING LAW
This contract is subject to the law of England and Wales and the exclusive jurisdiction of the English courts.