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Terms and Conditions of The Brighton Shutter Company

Terms and Conditions of The Brighton Shutter Company.

The following terms and conditions (“the Conditions”) are the terms on which The Brighton Shutter Company sells and installs its products.

 

1  Price & Payment

 

  • Payment of the Price (inclusive of VAT, if applicable, or any other sales tax, delivery, postage or insurance costs) shall be made by the Buyer, in two separate transactions. Upon placing an order, a 50% deposit will be required, with the remaining 50% due 3 days post installation. Once the 50% deposit has been paid a mandatory 24-hour hold period shall be placed on the order in case of any last-minute changes. The hold period can be altered by confirmation of the customer in writing if necessary.

 

  • In the unlikely event of an unsuccessful installation, we will reorder all incorrect goods via standard shipment (12-16 weeks) and re install as quickly as possible. We pride ourselves on our aftercare customer service and can assure all customers that any problems will be fixed as per our 5-year guarantee. If any products can be repaired on site, this could also be an option but will need to be agreed with you (the buyer) at the time.

 

  • All deposits are non-refundable after the 24-hour hold period as stated in 1.1. Any cancellations by the buyer after the hold period will result in the deposit being non-refunded. If production of the Goods is completed and they have been shipped, then the buyer will be charged the full amount.

 

 

  • Goods

 

  • The Seller shall deliver the Goods to the Buyer at the installation address of the Buyer in the invoice. Delivery time quoted is dependent on the bespoke nature of your order and what date in the year the order is placed e.g. delays due to Chinese New Year or pre-Christmas installations; Our standard lead time without any pre-empted delays Is approximately 10-14 weeks and 8-10 weeks express. Express shipping does come at an extra cost which will be determined after a full measure of goods. This lead time commences 24-hours from the day when the Buyer receives their Design and Sales invoice. It is a requirement that the Buyer contacts the Seller within 24 hours of receipt should they need to amend or cancel the order. Should no contact be made then the order will proceed into production as per the invoice detail. Lead times are for guidance only and shall not be deemed as part of the contract with the Seller due to production and shipping delays. Claims for compensation with delays will not be accepted unless stated in writing to a customer at point of sale.

 

  • Each order for Goods accepted by the Seller shall be deemed to be an individual legally binding contract between the parties once the deposit has been paid.

 

  • The Seller cannot accept responsibility in situations where the Buyer relies upon a 3rd party to be present at the time of installation and/or fitting and is not present personally. If the Buyer is not on site when a property is surveyed or when the shutters are installed, we shall fit and/or measure in accordance with our standard practice’s. The Buyer automatically agrees to this when paying the deposit.

 

  • The Goods are, in some cases, made from a natural hardwood material. The seller cannot guarantee precise colour matching against samples provided and some stain and paint finishes may have slight tonal difference under certain lighting conditions. Regarding custom colours, the seller will not be held responsible if the stain or paint finish is not a 100% match with other household products in the same paint colour, although every effort will be made to ensure the colour is the closest match possible.

 

  • Goods that are supplied for special shaped windows may have certain design constraints. In some cases, the rotation of the slats can be restricted and may not be able to open fully. Fixed slats and larger top rails may also be included. The Buyer will be supplied with drawings for them to approve prior to the order commencing manufacture. The above restrictions are not a mistake or defect on the part of the Seller.

 

 

 

 

  • Delivery & Installation

 

  • The Seller shall deliver the Goods to the Buyer at the address of the Buyer on the Purchase Order. Estimated delivery time quoted is 12 – 16 weeks or 10-12 weeks express. This lead time starts 24 hours from the day the Buyer receives their Sales invoice (I.E. pays their deposit). It is a requirement that the Buyer contacts the Seller within 24 hours of receipt should they need to amend or cancel the order as stated in 1.1. Should no contact be made, the order will proceed into production as per the invoice. Lead times are for guidance only and shall not be used as part of the contract with the Seller due to production and potential shipping delays. Claims for compensation with delays will not be accepted unless stated in writing to a customer at the point of sale.

 

  • Any defects in the product once installed must be notified within 30 days of installation.

 

  • All responsibility of the goods shall pass onto the buyer once installation is complete.

 

  • If the Seller is unable to install the Goods due to reasons caused by the Buyer, the Buyer will have to pay for storage of the Goods until they are installed. Delays in transit are out of our control and compensation cannot be issued as per clause 3.1.

 

  • The Seller shall only survey for the Goods into fully prepared window openings rid of any building works (I.E. surrounding plaster work complete, windows are installed, sills are in place). The Seller can measure for goods without the windows being fully completed, however all alias will be on the Buyer and if the Goods cannot be installed the Seller cannot be held accountable. Tolerances will be made to allow for wiggle room, however if the Buyer goes over these tolerances then the Seller cannot be held accountable, the goods will have to be re-ordered at the cost of the Buyer.

 

  • All window coverings that surround the window at the time of the consultation will have to be removed by the Buyer before installation takes place. The Seller cannot undergo any removal works prior to the installation.

 

  • The Seller does not offer a service to remove and replace the Goods for window maintenance or replacement. If the Buyer chooses to undertake the removal of the Goods, either themselves or by a third party, the 5-year guarantee will become null and void. The Seller will offer advice on how to remove the Goods in the most effective way.

 

 

  • Potential damage in transit & Installation

 

  • The Seller will replace, or repair where possible, any goods that the Seller deems damaged. With natural products like hardwood, warping may occur, the Seller cannot be responsible for this as the Goods are a natural product and out of the Seller’s control.

 

 

  • 5 Year guarantee

 

  • Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair and/or replace the Goods free of charge upon the following conditions:

 

  • The Buyer notifying the Seller of the defect within 30 days of installation.

 

  • The defect being due to the Seller’s design, installation or materials.

 

  • The defect not having arisen from the Buyer’s failure to comply with the Seller’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice.

 

  • The Goods are made from a natural material; minor imperfections not apparent at five feet, in ordinary light conditions will not be accepted as defects.

 

  • The seller cannot guarantee the goods against fading/discoloration caused by fair wear and tear and especially as a result of exposure to sunlight where some fading will occur. The goods are not guaranteed against extreme damp or variable conditions (a high moisture environment such as window condensation).

 

  • All Goods supplied and installed are covered by a 5-year guarantee against later occurring defects in manufacture or installation. If the Goods are not paid, as agreed when paying the deposit, this will be considered a breach of contract/terms and conditions and then this guarantee becomes null and void.
  • All shutters are manufactured in line with the factory’s standard practices I.E. All top and bottom rails must be a certain width or height to ensure the warranty is not void. If you require rail charts or drawings before your order is processed, these will be supplied free of charge. If not requested the drawings will be reviewed by one of our team and confirmed by us on behalf of you.

 

  • Limitation of Liability

 

  • Subject to the Seller’s liability under Clause 4 and subject to Clause 8 the Seller shall not be liable to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.

 

  • Subject to this Clause 7 and Clause 8 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Seller grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.

 

  • Subject to Clause 8 the liability of the Seller under this Agreement howsoever arising shall not exceed the Price.

 

  • General

 

  • Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause 4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions.

 

  • Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s fraudulent misrepresentation, negligent actions or those of its employees or agents.

 

  • Governing Law & Jurisdiction

 

  • This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.

If you have any questions on the terms and conditions please call 01273 232 091 or email Hello@thebrightonshuttercompany.co.uk