TERMS AND CONDITIONS OF SUPPLY
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This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website www.directblinds.co.uk (our website), including any made-to-measure or custom-made Goods (Bespoke Goods). These Conditions, together with our Privacy and Cookies Policy, shall govern any contract for the supply of Goods listed on our site which is made at a distance between us and any customer (you and your) by any method, including telephone and also via our website.
It is important to read and understand these Conditions before placing your order.
By placing your order, you agree to be bound by these Conditions.
1.Information about us
www.directblinds.co.uk is a site owned and operated by Swift Direct Blinds Limited, Trading as DirectBlinds.co.uk (we, us and our). We are registered in England and Wales under company number 01190828 with our registered office and main trading address at 177 Lockwood Road, Huddersfield, HD1 3TG, United Kingdom.
2.Order Process and Contract Formation
2.1 Orders for any of the Goods listed on our website may be placed by you by telephone or via our website. After placing an order, you will normally receive an e-mail from us confirming acceptance of your order, although for orders placed by telephone, your order may be verbally accepted by us at the time that it is placed. Acceptance either verbally or in writing pursuant to this clause 2.1 will constitute confirmation of our acceptance of your order (Confirmation of Acceptance). The contract between us (Contract) will only be formed when you receive our Confirmation of Acceptance.
2.2 You are responsible for providing us with accurate measurements for the Goods which you wish to purchase. If you need guidance on how to take the required measurements accurately, please contact our customer services team by telephone on 0370 218 4824 or by email at firstname.lastname@example.org and we will be pleased to help you. Alternatively, please see the measuring guides on the following page of our site: www.directblinds.co.uk/measuring/
2.3 We are sure you that will understand that we cannot accept the return of the Goods if the measurements you have provided to us are incorrect as we are unlikely to be able to resell them.
2.4 Material finishes and product colours shown on our site are for illustrative purposes only and can vary when viewed on differing computer equipment. For this reason, we cannot guarantee that your computer monitor will accurately reflect the true colour and finish of the Goods.
2.5 Whilst every effort is made by us to ensure that Goods sold and delivered to you match in every respect any sample or description we may have shown or given or sent to you, a minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle you to reject the Goods nor to claim any compensation for such variation or change.
3.1 Under the Consumer Contracts Regulations 2013, if you are contracting with us as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period beginning upon the submission of your order and ending at the end of 14 days after the day on which the Goods are received by you or someone authorised by you to receive them.
3.2 In order to cancel a Contract in accordance with clause 3.1, you must inform us of your decision to cancel in writing before the cancellation period has expired.
3.3 You must send the Goods back to us no later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
3.4 If you cancel a Contract in accordance with clause 3.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
3.5 You will not have the right to cancel a Contract in accordance with clause 3.1 in respect of any Bespoke Goods, or any Goods which have been installed prior to cancellation.
3.6 All of the blinds and curtains listed on our site are Bespoke Goods, unless otherwise advertised.
3.7 If you require clarification regarding the nature of the Goods which you wish to purchase, you should contact our customer services team by telephone on 0370 218 4824 or by email at email@example.com for details before placing your order.
3.8 Although we are normally unable to refund the purchase of any Bespoke Goods (pursuant to clause 3.5), we will try to accommodate your request to cancel the Contract if we receive your request before we have started to manufacture the Goods. Any refund issued by us at that stage may be subject to deductions in order to cover any costs, charges and expenses incurred by us. If we do not receive your cancellation request before we have started to manufacture the Goods, we will not be able to issue any refund.
(a) Please note for all shutter orders, clause 3.8 above will apply. Whilst shutters do have an extended delivery time, manufacturing commences within 24 hours of your order being placed.
3.9 Next day orders cannot be amended or cancelled once placed.
4.Availability and delivery
4.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
4.2 All orders with an invoice value of more than £145.00 are delivered free of charge on our standard delivery service to all mainland UK addresses. Charges apply to all other deliveries and those charges are detailed on the following page of our site: www.directblinds.co.uk/delivery/
4.3 Our delivery time for our standard delivery service to mainland UK addresses is 5-7 days; delivery to non-mainland addresses may take up to 10 working days. Delivery lead times for other types of delivery are set out on the following page of our site: www.directblinds.co.uk/delivery/
4.4 The delivery times referred to in clause 4.3 are only quoted as a guide and we will not be liable for any delay in delivering the Goods to you, however caused.
4.5 Where the Goods purchased have a next day delivery/SwiftTrack option and this option has been exercised and paid for, any failure to deliver on the date stated in the Confirmation of Acceptance will entitle you to a refund of the next day delivery/SwiftTrack charge only. It will not entitle you to return the Goods ordered.
4.6 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
4.7 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. Up to two attempts will be made to re-deliver the Goods without charge; any subsequent attempt to re-deliver the Goods may be chargeable. The amount of the re-delivery charge depends on the carrier used to effect re-delivery.
4.8 Risk of loss or damage to the Goods will pass to you on the date when the Goods are delivered to you or on the date of first attempted delivery by us. Title to the Goods will pass to you at the same time, provided that we have at that time received payment in full for the Goods. Where you instruct us on your order to leave the Goods in a place specified by you, the risk in the Goods will pass to you at the time we deliver the Goods according to your order, even where no signature for proof of delivery is obtained.
4.9 You should not book a fitter to install the Goods until the Goods have been received by you and you have checked that there are no defects in the Goods and that all parts are present and complete. We also advise not to take specific time off work to wait for a delivery. On occasions and specifically during busy times our couriers can get delayed and may not be able to make delivery on the designated day.
4.10 On rare occasions we may deliver the individual parts of the Goods in instalments.
4.11 If more than one item is ordered we may deliver the Goods in instalments and by different couriers.
5.Price and payment
5.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
5.2 All prices are supply only and do not include installation.
5.3 All prices include any applicable VAT.
5.4 Prices are liable to change at any time, but changes will not affect orders for which you have already received a Confirmation of Acceptance.
5.5 Whilst we try to ensure that all prices on our site are accurate, errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.
5.6 We accept payment by Visa, Mastercard and via PayPal. All orders are processed through our partnership with Braintree.
5.7 You can enter your payment details at checkout; you can also contact our customer services team by telephone on 0370 218 4824 to place your order.
6.Return of Goods
6.1 If you are contracting with us as a consumer, clauses 6.2-6.3 summarise your key legal rights in relation to the Goods, which are subject to certain exceptions.
6.2 The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of the Goods you are entitled to the following:
(a) up to 30 days from delivery): if the Goods are damaged or faulty, then you can get a refund;
(b up to six months: if the damaged or faulty Goods cannot be repaired or replaced, then you are entitled to a refund of up to the full amount, in most cases;
(c) up to six years: if the Goods can be expected to last up to six years you may be entitled to a repair or replacement, or, if the Goods cannot be repaired or replaced, you may be entitled to some of your money back.
6.3 If you wish to exercise your legal rights to reject the Goods you must inform us by e-mail at firstname.lastname@example.org and we will contact you to arrange to collect the goods we will pay the reasonable costs of collection.
6.4 Your rights in clauses 6.2-6.3 are in addition to your rights to return the Goods in accordance with clause 3.1.
6.5 If you are contracting with us as a business customer, you have 7 days following your receipt of the Goods to report any damage to or defect in the Goods and to return the Goods to us. We will arrange for the Goods to be repaired and returned to you, or if deemed necessary by us, we will arrange for replacement Goods to be sent to you, at our cost.
6.6 In addition to your other rights set out in this clause 6, we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 12 months from delivery of the Goods to you and that they will materially conform to their specification and approximately with the description given by us.
6.7 We also offer a five year guarantee on the majority of Goods produced in our own factories, excluding curtains.
7.1 If you are contracting as a consumer:
(a) any Goods purchased from us through our site will be of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we will only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we will not be liable for any loss if:
(i) any loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any loss was caused by or contributed to by your breach of any of these Conditions; and
(d) we will not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time), however arising.
7.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) we will not be liable to you if any monies due from you to us have not been paid in full;
(c) we will have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production; and
(d) our aggregate liability to you for any loss or damage will be limited to the price of the Goods purchased from us.
7.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
7.4 Nothing in these Conditions will exclude or limit our liability for death or personal injury caused by our negligence, nor for fraud, nor for any other loss or damage for which our liability cannot be lawfully excluded or limited.
8.1 All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
8.2 A waiver by us of any default by you will not constitute a waiver of any subsequent default by you.
8.3 If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.4 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
8.5 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.6 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before you receive our Confirmation of Acceptance.
8.7 The Contract will be governed by English law. Any dispute arising from or related to the Contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
DIRECT BLINDS.CO.UK SIZESURE GUARANTEE
Sizesure is a goodwill guarantee to our UK customers, it is offered by Direct Blinds.co.uk which is a trading name of Swift Direct Blinds Limited, whose registered office is at 177 Lockwood Road, Huddersfield, HD1 3TG.
The guarantee is more generous than your legal rights which provide that where our blinds are supplied on a bespoke basis, that is that they are made to the measurements you gave to us, then you do not have any right to return the blinds if they do not fit because of incorrect measurement. Our SizeSure guarantee provides that, subject to the exclusions and provisions below, if you find that your blinds are not the right size and provided you contact us within 15 days, we will replace the blinds for free.
Please note in particular:
(i) You must select the option to take the guarantee at checkout before you order the blinds.
(ii) It is subject to you paying the costs of returning the blinds and our delivery charges (at our standard rate) (see paragraphs 5 and 7 below.)
(iii) It is subject to you paying an additional amount if the new blinds you require are larger than the ones you originally ordered (see paragraph 10 below).
Please note that this goodwill guarantee does not affect your legal rights in relation to faulty or mis-described products.
Our Sizesure guarantee is also subject to the following terms:
1) It only applies to customers within the United Kingdom.
2) It does not apply to businesses or commercial customers.
3) You must provide us with details of the new measurements when you contact us.
4) You must contact us within 15 days of the date of delivery (beginning with the date upon which you receive the blinds).You can contact us by telephone on 0370 218 4824 or email to email@example.com.You must provide your name, address and the order number we gave to you.
5) You must return the blinds that do not fit at your own expense when requested to do so.
6) The blinds you are returning to us:
(i) Must not have been used, fixed/fitted or attempted to be fixed/fitted;
(ii) Must be properly and appropriately packaged;
(iii) Must be in good condition;
(iv) Must include and contain all fixings supplied.
In the event that we determine that the returned blinds do not fulfil these requirements then this guarantee will be cancelled in respect of those blinds.
7) You must pay us for the cost of delivery of the new blinds to you.This is charged at our standard delivery rates (see our delivery charges at https://www.directblinds.co.uk/delivery/) which must be paid before we supply the new blinds.
8) We will supply the new blinds to you within a reasonal time period after receipt of the returned blinds (see paragraph 5), the delivery charge (see paragraph 7), and any additional fee due to the supply of a larger size (see paragraph 10), whichever shall be the latter.
9) The replacement blinds will be of the same fabric, colour and style as the original blinds supplied.Only a change of size is covered.
10) If the new blind sizes are larger than the original blinds you ordered then you must pay any difference between the normal current cost of the two sizes.
11) If the blinds you are returning are too big, we reserve the right to amend and reduce the size of the returned blinds to fit the new measurements you provide.You will not receive a refund if the blinds are to be made smaller.
12) The guarantee may only be used once in respect of each order placed. For example, if you find that the replacement blinds still do not fit (and this is not due to our mis-measurement) then you cannot use this guarantee again.
13) The guarantee applies to a maximum of three blinds and to one order per customer in a 12 month period.
14) The guarantee only applies to made to measure blinds.It does not apply to shutters, curtains, or standard size / ready-made blinds.
15) Direct Blinds reserve the right to cease offering this guarantee without prior notice.