Terms & Conditions
Terms & Conditions
Please read the following Terms and Conditions carefully. Your use of the Electric Blinds and Curtains website and subsequent purchase of the goods on it means that you agree to these Terms and Conditions.
Definitions
All contractual relations between Electric Blinds and Curtains Ltd (hereinafter referred to as “We”), as the seller, and its customers (hereinafter referred to as “You”), as the buyers, shall from 1st September 2016 be subject exclusively to the following General Conditions of Sale (AVB). Under the above premise, these shall also apply to all future business relations, even if they are not expressly agreed again. When you order goods from us, these terms and conditions shall be considered to be accepted. Any counter provisions of you (yours) with reference to your General or Purchasing Terms and Conditions are hereby negated. Such provisions shall only apply if we have expressly agreed to them in advance. All agreements which are reached between us and you and which we would be obliged to adhere to for the purpose of implementing the Contract must be put in writing in order to take effect.
Nothing in these Terms and Conditions shall affect your statutory rights.
Any complaints should be addressed to us at the address which can be found on our Contact Us page.
Product descriptions
Each Product purchased is sold subject to its Product Description which may set out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery times and returns. We the supplier will take all reasonable care to ensure that all details, descriptions and prices of the products appearing on the website are correct. Please be aware that there may be slight variation in colours, texture and pattern due to the nature of the product, lighting / photographic effect of photography and viewing on different screen resolutions. You accept that small variations / change in colour, design, material or pattern between the description and or samples provided and the goods delivered to you are not grounds for, nor entitle you to neither refuse the goods nor claim any compensation for any such variation or change. Please note that unless specified otherwise the colour of the product relates to the finish, not the materials composition. If unsure please request a sample.
Placing an order
Placing an order for goods is deemed to be an offer by you to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by us. We reserve the right to refuse to accept an order for any reason.
After the order is received we will send you a confirmation email which is produced automatically outlining your order details. Receipt of this automatic confirmation is not a guarantee of acceptance of order or that we will be able to fulfil your order from stock. Where we are unable to accept an order, fulfil an order from stock or cannot meet the estimated delivery times shown on the site we will notify you by email. Where we are unable to accept an order you shall receive a full refund, for orders which we cannot fulfil you have the option to either wait until the Goods are available or cancel the order and receive a full refund within 14 days.
Price and payment
The price of the goods stipulated on the website include all packaging but exclude delivery charges. All prices are gross and include UK VAT. Delivery to the IOM, Irish Republic and the Channel Islands are exempt from VAT and the VAT will be deducted from the total at checkout.
Delivery charges if applicable will be shown in your shopping basket prior to confirming the order. Payment of the total order price and delivery charges must be made in full before dispatch of the Goods.
Delivery
Goods supplied within the UK mainland will normally be delivered within 28 working days of acceptance of order.
•Order placed up to the value of £75.00 cost £7.50 to deliver to the UK only. •Orders placed above £75.00 are delivered free of charge to the UK Mainland only.
•For all orders selected for delivery inside of the UK but which are subsequently deemed for delivery outside of the UK. We shall contact you to request the applicable delivery charge before the order is processed.
•Some postcode areas within the UK attract an additional postage charge. If you place an order with delivery to Islands and the Scottish Highlands you may be requested to pay for extra postage. This will be post code dependent. We will contact you and discuss your order if you are not in our delivery areas.
We reserve the right to request extra shipping fees or cancel the order if you are found to tick incorrect location. We will notify you if this happens.
We can deliver overseas but an extra shipping fee will apply. Please purchase online and we will contact you to discuss additional shipping charges. Payment will be taken until you have agreed with these costs. If you do not accept additional shipping costs the order will be cancelled.
We shall endeavour to meet a requested delivery date, however delivery dates cannot be guaranteed and therefore we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
We reserve the right to request extra payment or cancel order if the shipping address is not ticked correctly.
Your goods will be delivered by one of a number of carriers. The carrier used will depend on the physical size of your order. All items will require a signature for proof of delivery, so please ensure that someone is at the delivery address when items are due. If no one is available to accept delivery goods will be taken back to the carrier’s depot. Unfortunately we are unable to specify a time for delivery; delivery could be any time between 9am and 6pm Monday to Friday. Upon request we can deliver to an alternate address such as a neighbours, however there must be someone available to accept delivery. We reserve the right to request extra payment for re-delivery if the consignment is returned to the depot due to a signatory being unavailable to accept the delivery.
Title and risk in the Goods shall pass to you upon delivery of the Goods to the agreed delivery address. Once the goods are signed for they cease to be the property of Electric Blinds & Curtains Ltd and it is your responsibility to ensure that they are received and signed for by an authorised person and that they arrive in good condition.
Damaged parcels must be brought to the attention of the courier and not accepted. Once the parcel is signed for in good condition they then become your property. All couriers will allow you a reasonable time, upon request, to ensure that goods are inspected. It is your responsibility to do so. Please ensure that parcel is in good condition and the consignment is complete.
Shortage of contents should be notified by you within 72hrs of receipt of delivery. After this time the delivery is deemed to be complete and finalised.
Cancellation before delivery
You have the right to cancel your order for the goods up to 14 days after the date the order was placed. No reason for order cancellation is needed nor will you incur a payment penalty. To cancel your order you must inform us by email with your order number.
You cannot cancel or change your order if the goods ordered have been manufactured to your specification, made to measure or custom made to your requirements as we are unable to resell them.
Once we have accepted your order for made to measure or custom made goods they are entered into our order system and manufacturing schedule. You may cancel your order or request changes as long as manufacturing has not commenced. If your order has already been dispatched please follow the procedure set out in our Returns policy.
Returns policy
You have the right, in addition to your other rights, to cancel the contract and receive a refund by informing us by email within 14 days of receipt of the Goods. You must include your order reference, the name or code of the items you are returning and the date you placed your order. We will then issue a returns code and instructions on how and where to return the item to. Items should not be returned to our registered office address.
The right to cancel does not apply to the supply of Made to Measure or Made to Order products (these products are clearly described on our website). You are responsible for the cost of returning the items within 14 days of order cancellation. Alternatively for a charge we can arrange collection for your item(s) using the same delivery carriers. Our carriers are used to transporting long and heavy goods. We simply ask you to ensure the package is securely packed in its original packaging. We reserve the right to refuse a refund on items that do not arrive back in satisfactory condition.
Please note the refund only covers the cost of the goods and not any original delivery charges that may have been incurred or your costs in returning the items.
When we receive the returned goods and they have been inspected to ensure they are in a saleable condition we will refund all monies due within 14 days.
Where payment was made by cheque we will refund by cheque to your Billing Address. All returned goods should be unopened and undamaged. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost to remedy any such damage. Unfortunately we cannot accept returns for items that have been installed unless deemed to be faulty. All damages must be reported before fitting.
Sometimes the product specifications from the manufacturer may change, in which case we may therefore supply a substitute item of the same or better quality at no additional cost. In the unlikely event of you not being happy with the substitute product you can return it in accordance with the terms above.
Made-to-measure and made to order goods
As Made to Measure items are to customer specifications they cannot be returned under normal conditions. Made to Measure includes Made to Order or any item cut to length. Only under manufactures defect can they be returned. Please ensure all measurements are accurate and that all specifications are understood. We cannot accept alterations, cancellations or liability for incorrect instructions or measurements.
Returns Policy - Defective or damaged goods
You should inspect the goods immediately upon receipt and notify us by email within 72hrs of delivery if the Goods are damaged or the order is incomplete. You will be deemed to have accepted the goods if you fail to contact us within 72hrs of delivery. On receipt of your email we will contact you.
Where a claim of defect or damage is made we will contact you by email to arrange return of the Goods. You will be entitled to receive a replacement plus any return postal charges if the Goods are found to be defective after inspection.
Our Rights
We reserve the right to:
Modify or withdraw, temporarily or permanently, our website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website;
Change the Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by you at the time of purchase. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the website;
Periodically update our prices on the website. We cannot guarantee prices for any period of time but will make every effort to ensure prices are correct at the point at which you place an order;
Withdraw at any time goods from the website without prior notice. We shall not be liable to anyone for withdrawal of goods from the website or for refusing to process an order. Whilst we make every effort to make online shopping an enjoyable process we may refuse to process an order if we suspect credit card fraud, we may contact you and will only process the order if we believe the details are legitimate.
Limitation of liability Except as may be implied by law where the you (the buyer) are dealing as a Consumer, in the event of any breach of these Terms and Conditions by us (the seller) the remedies of you the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
We shall not be liable for any personal injury, death, consequential loss or damage whatsoever due to equipment being used outside of the scope of the product design, the intended use, improper handling, incorrect installation or incorrect operation. If unsure you should contact a qualified installer.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
Frustration
We will make every effort to carry out the contract but its performance is subject to cancellation by us or to such variations as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, Lockout or any other labour dispute, Fire, Flood, Drought, or other weather conditions, Legislation or other cause beyond our control.
Waiver
No waiver by us (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Severance If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.