Terms & Conditions of Trading

Definitions

1.1 "Buyer" means the individual, company or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Office Blind Systems Limited, trading as HomeBlinds, of Unit 2B, Hastingwood Business Centre, Hastingwood Road, Hastingwood, Essex. CM17 9GD. United Kingdom;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Confirmation of any order by the Buyer and/or acceptance of delivery/installation of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation of these Terms and Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

Ordering

3.1 All orders for Goods are deemed an offer by the Buyer to purchase pursuant to these Terms and are subject to acceptance by the Seller.
3.2 Where Goods are "Made to Measure", the Buyer accepts they cannot be supplied from stock and acknowledges the lead times provided at order confirmation.
3.3 The specification of the order, including fabric and colour, is solely the Buyer’s responsibility. HomeBlinds does not select fabric/colour on the Buyer’s behalf.
3.4 Made to Measure orders are individually processed and cannot be cancelled or refunded once in production.

Payment terms: A deposit of 50% of the order value is payable at order confirmation. The balance of 50% is payable on completion of installation (or delivery for supply-only orders). Invoices not paid when due accrue interest at 8.1% above the Bank of England base rate until settled.

Price and Payment

4.1 The Price shall be that shown in the Seller’s Estimate or Quotation, inclusive of VAT. Prices include delivery and installation within the London M25 and up to 25 miles outside the M25 where HomeBlinds has local agent representation. Additional charges apply beyond this area.
4.2 If installation cannot proceed due to Buyer changes (sizes, access, or un-notified colour/fabric changes), additional charges may include call-out, re-visit, alteration, and/or remake costs.
4.3 Deposit & balance: A 50% deposit is payable when placing the order, with the remaining 50% balance payable on completion of the work. Both deposit and balance payments may be made by credit card, debit card, bank transfer, cheque (subject to 3–5 working days clearance), or cash.
4.4 The contract price is based on costs (materials, labour, sub-contracts, transport, taxes/duties) ruling at the date of quotation. The Seller may amend prices to reflect variations in these costs or new taxes/duties prior to completion.

Rights of Seller

5.1 The Seller reserves the right to adjust the price and specification of any item at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the range at any time.
5.3 The Seller shall not be liable to anyone for withdrawing Goods or refusing to process an order.

Age of Consent

6.1 Where Goods may only be purchased by persons of a certain age, the Buyer may be asked to declare they are of the appropriate legal age/authority.
6.2 If the Seller discovers the Buyer is not legally entitled to order certain Goods, the Seller may cancel the order immediately without notice.

Guarantee

The Seller guarantees that Goods at the time of despatch correspond to the description/specification given. Except where the Buyer is a direct consumer specifying details, all other guarantees or terms relating to fitness for purpose, merchantability or condition are excluded. The Buyer accepts responsibility for suitability for their purpose, subject to any express guarantee offered.

Delivery and/or Installation

8.1 Goods supplied within the UK will normally be delivered/installed within 16–21 working days of order/deposit; please allow up to 28 working days in some cases.
8.2 Overseas supply: please allow up to 38 working days.
8.3 If a specific delivery/installation date cannot be met, the Buyer will be notified to agree a new date.
8.4 The Seller will use reasonable endeavours to meet dates, but time is not of the essence and the Seller is not liable for losses arising from delay.
8.5 Delivery/installation will be made to the Buyer’s address or agreed address. The Buyer must ensure the area is structurally sound, safe, and clean for installation. The Seller is not responsible for marks caused by dirty environments or inability to obtain a safe fixing on unsound surfaces.
8.6 The Buyer must ensure areas are fully cleared (within 2m radius) of desks, equipment, cables, paperwork, etc., before installation. Injury/damage arising due to un-cleared areas may result in claims against the Buyer.
8.7 Title passes upon full payment. Risk passes on delivery/installation.

Cancellation and Return

9.1 The Buyer shall inspect Goods immediately on delivery/installation and notify the Seller of any defect. Failure to do so deems acceptance.
9.2 Defective Goods may be returned for repair/replacement. No refund is offered for made-to-measure Goods.
9.3 Where returned Goods are damaged due to the Buyer’s fault, costs will be charged for remedy, re-installation and/or call-out.
9.4 Made-to-measure Goods cannot be cancelled once ordered. If no reasonable access is provided within 6 weeks of the order date, the order may be deemed cancelled by the Buyer and the full order value (including installation where applicable) will be payable.

Limitation of Liability

10.1 Except as implied by law for Consumers, remedies for breach shall be limited to damages not exceeding the Price of the Goods. The Seller shall not be liable for indirect or consequential loss.
10.2 Nothing excludes liability for death or personal injury caused by negligence.

Waiver

No waiver by the Seller in enforcing rights under this Contract shall prejudice future rights.

Force Majeure

The Seller shall not be liable for delay or failure due to circumstances beyond control including acts of God, strikes, lock-outs, accidents, war, fire, plant/machinery breakdown, or shortage/unavailability of raw materials, and is entitled to a reasonable extension of obligations.

Severance

If any provision is held invalid, the remaining Terms continue in force as if the invalid term had been removed.

Changes to Terms and Conditions

The Seller may alter these Terms and Conditions at any time; this does not affect Terms already accepted by the Buyer when making a purchase.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the law of England, and both parties submit to the exclusive jurisdiction of the English courts.

See also… Website Terms and Conditions