TERMS & CONDITIONS

CONSUMER CONTRACTS

The Terms of Business are in accordance with the Sale of Goods Act 1979 (as amended) or Supply of Goods and Services Act 1982 and The Consumer Protection (Distance Selling) Regulations 2000 where appropriate.

CANCELLATION RIGHTS FOR PURCHASE OF SHUTTERS

On agreement of business, you have the right to cancel this order at any time prior to deposit payment. Due to the bespoke nature of the product, once deposit has been paid and items ordered, customer is then responsible for payment in full.
If you wish to cancel this contract you must indicate this in writing via letter or email. (Shuttered Dreams, Mill Haven, Mill Row, Birchington-on-Sea, Kent, CT7 9TT or shuttereddreamsco@gmail.com) prior to deposit.

BUSINESS CONTRACTS

1. APPLICATION OF CONTRACT

1. The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the Sales Order Quotation and receipt of deposit.
2. Upon payment and receipt of deposit for purchase, Customer is entering into an agreed contract committing them to the full purchase of Goods and Services in accordance with quotation. Upon agreement of quotation, Customer is agreeing to Terms & Conditions as stated.
3. Upon receipt of Customer’s deposit, Supplier will then initiate production of requested bespoke items with Manufacturer. Any cancellations made by Customer after the deposit has been paid will require full financial settle for cost of Goods and Services to refund Supplier for any deficit incurred from the incomplete production by the Manufacturer.

2. BASIS OF SALE AND SERVICE

1. The Supplier's employees are not authorised to make any representations concerning the Goods and Services unless confirmed by the Supplier in the Quotation. In entering into the Contract, the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.
2. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.
3. Sales literature, quotations and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn, cancelled or altered after receipt of deposit.
4. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

3. THE GOODS

1. No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorised representative.
2. The specification for the Goods shall be those set out in the Supplier's Quotation unless varied expressly in the Customer's order (if accepted by the Supplier).
3. The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance. Supplier is not liable for any error made from information supplied from Customer’s independent specification and measurements.
4. No order which has been accepted by the Supplier may be cancelled by the Customer except as agreed in writing. Any cancellations made after the deposit to the Supplier will result in the Customer reimbursing the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

4. THE SERVICES

1. With effect from the Order Date the Supplier shall, in consideration of the fees being paid, provide the services expressly identified in the Sales Quotation.
2. The Supplier will use reasonable care and skill to perform the services identified in the Quotation.

5. PRICE

1. The price of the Goods and Services shall be the price listed in the Quotation current at the date of acceptance of the Customer's order.
2. Except as otherwise stated under the terms of any Sales Order Confirmation or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier's charges for packaging and transport as specified in the Sales Order Confirmation.

6. PAYMENT

1. All payments are required to be made as follows: Deposit (variable) at time of order and the remaining balance on completion of the installation/or delivery as per the Quotation.
2. The time of full payment shall be on completion of works. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 2.5 per cent and the base rate of Barclays from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
3. All payments shall be made to the Supplier as indicated on the Quotation or invoice issued by the Supplier.

7. DELIVERY AND PERFORMANCE

1. Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the Quotation or Invoice.
2. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer. Currently delivery time approximately 10-12 weeks. Supplier is not liable for any further delays in delivery caused from unforeseen circumstances in Manufacturer or Shipping.
3. If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

8. NON-DELIVERY OF GOODS AND SERVICES

1. If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier's reasonable control or the Customer's or its carrier's fault if the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery.

9. DEFECTIVE GOODS

1. If on delivery or installation any of the Goods are defective in any material respect, the Customer must give written notice of such defect to the Supplier within three days of delivery or installation, the Supplier shall replace or amend the defective Goods after receiving the Customer's notice.
2. The Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if notice has not been give by the Customer.
3. The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.
4. Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. LIABILITY

1. If the Supplier fails to perform the service with care and skill it will carry out remedial action at no extra cost to the Customer. If no remedial action is possible the Supplier is liable for any additional costs to make good.

a) All goods should be fully inspected prior to installation. The buyer must check that Goods 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.

b) The seller cannot guarantee the goods against fading especially as a result of exposure to sunlight where fading may occur. Our goods are not guaranteed against extreme damp or variable conditions.

c) The seller reserves the right to withdraw any products and colours at any time without prior notice and cannot be held responsible for any consequences, caused by the withdrawal of such products.

d) The seller gives no warranty as to the fitness of the product supplied for any purpose other than stated by the company, other installation and uses are the risk of the buyer.

e) Tolerance levels of overall panel specifications are plus or minus 3mm, and the product will not be considered defective if falling within the size range. Warping on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.

f) Limitations. It is recommended that panels be ordered within our normal specification range. For example, panels above 1800mm in height are ordered with a divider rail, and panel widths do not exceed 650mm. We may exceed the limitation at your request, but in doing so we cannot accept responsibility for problems that result. It is also acceptable for a divider rail to be plus or minus half the depth of the louvre size selected. Customers can specifically request a Mid-rails/Divider rails to be located at a precise point but this would result in the top and bottom rails being significantly different in size. If a customer specifically request the Mid-rails/Divider rails to be at a precise point, this request will be noted on the Quotation.

g) If the buyer is not present during survey or installation, we will measure/install the shutters in accordance to our standard practices unless agreed prior to order confirmation in writing. If the buyer chooses to install against our recommendation then liability will be theirs.

h) If Customer chooses to install directly the seller cannot accept liability for any damage. The foregoing is in substitution for all other terms, express or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer's statutory rights.

i) On installation of Goods we 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 any gaps/imperfections.

j) The buyer is responsible for all choices that are made a time of survey. Once an order has been placed design options, products, colours etc cannot be changed. Unless at the cost to the buyer.

k) The buyer is responsible for notifying the seller of any changes that are to occur to the windows, doors or opening sizes at time of measure and/or order. If changes are made to the windows, doors or opening sizes replacement parts or shutters will only be ordered to the cost of the buyer.

11. COMMUNICATIONS

1. All communications between the parties about the Contract shall be in writing via letter or sent by electronic mail:
  1. in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or
  2. (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Quotation or such other address as shall be notified to the Supplier by the Customer.
2. Communications shall be deemed to have been received:
  1. if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
  2. if delivered by hand, on the day of delivery; or
  3. if sent by electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
3. Communications addressed to the Supplier shall be marked for the attention of Mr Spencer Cresdee.

12. FORCE MAJEURE

1. In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout - the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
2. If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

13. WAIVER

No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

14. SEVERANCE

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

15. THIRD PARTY RIGHTS

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

16. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.

17. DEFINITIONS AND INTERPRETATION

“Customer” means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier.

“Commencement Date” means the commencement date for this agreement as set out in the Quotation.

“Goods” means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions.
“Supplier” means Shuttered Dreams, a company registered in England.