Terms and Conditions
Janela Shutters Ltd is a limited company registered in England and Wales and trading as Janela Shutters & Blinds.
[Company registration number: 09074930. Registered address (for correspondence only): Janela Shutters & Blinds, 50 Ffynnon Dawel, Aberdulais, Neath, South Wales SA10 8EQ ]
1 Application of Conditions
1.1 The customer shall purchase the goods and the supplier shall supply the goods in accordance with the confirmed sales order, which are subject to these terms and conditions.
1.2 All other terms and conditions shall be excluded except for any special terms and conditions that are agreed, in writing, by the company and the customer prior to the contract start date.
1.3 By accepting the contract you are confirming that you are the customer. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from this contract so that no third party may claim any rights under this contract.
2 Definitions and Interpretations
2.1 In these terms and conditions:
“the company”/”the supplier”/”us” means Janela Shutters Ltd t/a Janela Shutters & Blinds
“the conditions” means the terms and conditions of business as set out in this document and includes any special terms and conditions as may be necessary to meet specific customer requirements and where such additional terms have been agreed between the customer and the company in writing.
“the contract” means the contract for the purchase and sale of the goods and services that exists between the company and the customer as detailed in the confirmation of order form.
“contract start date” means the date that appears on the confirmation of order form.
“the customer”/”you” means the person whose signature appears on the confirmation of order form.
“the delivery address” means the address that appears on the confirmation of order form.
“the delivery date” means the date on which the goods, or any instalment of the goods or any parts for them will be delivered to the delivery address.
“the goods” means all individual items that appear on the confirmation of order form and all parts and fixings necessary to install such items and, where agreed, the complete installation of such items.
“month” means a calendar month irrespective of length.
“the installation date” means the date on which installation of the goods commences at the delivery address.
“the services” means any services agreed to be supplied by the company in the confirmation of order form.
“working day” means any day other than Saturday, Sunday or a bank holiday
“writing” means any communication by mail or electronic mail
2.2 Any reference in these conditions to a statute or a provision of a statute shall be interpreted as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.
3 Your Order for the Goods and Services
3.1 Prior to a confirmation of order form being completed by us and signed by you a full site survey will be undertaken by us to determine the exact specification of the goods required. If the survey identifies that the order cannot be fulfilled, any monies paid by you shall be refunded in full within 7 working days.
3.2 You must be present at the site survey or it must be attended by a representative acting on your behalf. Where the survey is attended by a representative it will be assumed that they act with your authority and their decisions will be binding on you.
3.3 No orders will be accepted without a full site survey unless the customer request a supply only arrangement and provides their own measurements. In these circumstances no liability will be accepted by us for mis-measurement, a non-functional specification or a poorly functioning specification.
3.4 At the time of survey the company’s representative will advise the optimum technical specification suited to the site, this will form the basis of the confirmation of order form.
3.5 Deviations from the advised optimum technical specification will only be accepted by the company in writing. Such deviations may affect the customer’s warranty and/or our liability. Any effect on the warranty or our liability will be advised in writing within 7 working days of the customer’s request being received by us.
3.6 Once the confirmation of order form has been agreed in writing and signed by you, received by us and a deposit received the order shall be deemed to have been accepted by us. If, for any reason, we are unable to accept the order we will notify you in writing within 7 working days of you signing the confirmation of order form and any monies paid in respect of the order will be refunded in full within 7 working days.
3.7 We will accept no amendments to the order after you have signed the confirmation of order form, except for circumstance detailed in clause 3.8.
3.8 You agree to inform the company, in writing, of any material changes to window or door openings that occur after completion of the survey. The company reserves the right to amend the order and to make a charge for any additional items needed to fulfil the order. If it is deemed, in these circumstance, that an additional survey is required the company reserves the right to make an additional charge of £60 for the survey.
3.9 You warrant to us that you have the right to contract us to supply the goods and services at the premises detailed on the confirmation of order form.
3.10 Illustrations, photographs, colour samples or descriptions whether in catalogues, brochures, web-site, price lists or other documents issued by us are intended as a guide only and shall not be binding on us.
3.11 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, confirmation of order form, invoice or any other document issued by the company shall be subject to correction without any liability on the part of the company.
4 Delivery and Installation
4.1 Goods will only be delivered to the address that appears on the confirmation of order form and installation will only take place at the same address.
4.2 In placing the order you agree to provide us with such information, rights of access and mains electricity as may reasonably be required to deliver the good and perform the installation. You also agree to grant us rights of access to check the quality of installation where you notify us of a problem with the goods or their installation.
4.3 Delivery dates given at the time of order will be purely indicative and will not be binding on us. We will not be liable for losses incurred by you if we fail to meet the estimated delivery date.
4.4 When the goods are ready for installation we will contact you to agree a convenient installation date that must be within 10 working days from the day we contact you. When an installation date is agreed the company requires 24 hours notice to postpone the installation.
4.5 If you are unable to accept installation within 10 working days from the day we contact you, or an agreed date is cancelled by you, we reserve the right to deliver the goods for storage at your risk and expense.
4.6 Where delivery takes place on a date earlier than installation commences we will not accept liability for any damage to goods after delivery unless such damage is reported to us at the time of delivery.
4.7 Any estimates given in respect of the duration of the installation will be purely indicative and will not be binding on us. The actual installation duration will be the time required to install the goods to an acceptable quality standard.
4.8 We will install the goods with reasonable skill and care and in accordance with the specification detailed on the confirmation of order form
5.1 Quotations issued by the company will be valid for 20 working days except quotations offered with a discount to the company’s standard price list, such quotations will remain valid for 5 working days.
5.2 The company reserves the right, by giving notice in writing, to increase the price of any quotation or confirmed order to reflect increases in the cost to us that are beyond our control, such as, and without limitation to, increases in manufacturing costs, increases in labour costs, fluctuations in foreign exchange rates or increases in VAT.
6 Price and Payment
6.1 The price for the goods and services will be as stated on the confirmation of order form. All prices will be inclusive of VAT and delivery.
6.2 Where the customer requests a supply and install service all prices will be inclusive of installation. Where the customer requests a supply only service all prices will be exclusive of installation.
6.3 Where the customer requests a supply and install service the customer agrees to pay 50% of the total order cost at the time of the order. Where the customer requests a supply only service the customer agrees to pay 100% of the total order cost at the time of the order. These sums shall be forfeited to the company on account of damages in the event of the customers breach of contract.
6.4 Where delivery is to take place prior to installation the customer agrees to pay a further 25% of the total order cost at the time of delivery.
6.5 Where the customer requests a supply and install service the balance of the total order cost will become due on completion of the installation and must be paid within 5 working days of completion of the installation.
6.6 Outstanding payments that remain unpaid 5 working days after the due date will be subject to an interest charge of 4% above the Bank of England base rate. Such interest will be calculated cumulatively on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement.
6.7 Where amounts remain outstanding we reserve the right to instruct external debt collectors to recover the debt on our behalf. Where such action is taken we reserve the right to charge you, in addition to the outstanding debt and interest, the costs incurred by us of instructing debt collection agencies.
6.8 Where you do not make any payment due to us by its due date we reserve the right to suspend further deliveries and/or services until arrangements for payment have been agreed on terms satisfactory to us. In addition we may bring action against you for the full price of the goods at any time.
6.9 All goods remain the property of Janela Shutters Ltd t/a Janela Shutters & Blinds until the customer pays the balance of the total order cost.
6.10 Web-site or brochure prices may be changed at any time and without notice.
6.11 Discounts offered on the company’s web-site or in brochures may be withdrawn at any time and without notice.
7.1 Regulations have been introduced that make it mandatory that all blinds be fitted with appropriate safety devices to reduce the risk of strangulation posed to young children by looped blind cords. If at the time of installation you refuse to have such safety devices fitted we will be unable to install the goods. In such circumstance you will remain liable for the full cost of the goods and you agree that you will not treat our refusal to install the goods as a fundamental breach of contract and you will remain bound by the contract to take delivery of the goods. This will not affect your rights as a consumer in relation to goods that are faulty.
7.2 In order to ensure safe working practices it is a condition of these terms that any area that work is to be carried out is clear of, but not limited to, residents, employees, furniture, plants, pets and breakable items.
7.3 The company reserves the right to postpone installation of goods in any area that is deemed unsafe until the customer makes the area safe. In such circumstances the company reserves the right to make an additional charge of £120 to cover lost time.
8 Defective Goods
8.1 If on delivery, any of the goods are defective in any material respect the company shall, at its option, either replace the defective good or refund to the customer the price of the defective parts of the order.
8.2 Where the company chooses to replace defective goods, shutter products will be replaced within 56 calendar days whilst all other products will be replaced within 10 working days.
8.3 Subject to conditions 11.2 – 11.7 and to receipt of payment in full for your order we offer a 12 month warranty on all goods and services supplied by us. The warranty time period will start from the day the goods are fitted. Upon notification of a claim under this warranty we will examine the goods and, if defective, we will either repair or replace the defective goods free of charge of labour or materials. It is possible that items replaced under this warranty may not exactly match other goods in the original order due to fading. Should this be the case the company does not accept any liability to replace non-faulty items solely to achieve a colour match.
9 Right to Return Goods and to Receive a Refund
9.1 All products supplied by the company are custom made to the order of the customer, as such the customer shall not be entitled to return any item, or part of an item, unless that item is faulty.
9.2 All returns must be agreed by the company prior to return.
9.3 Prior to agreeing to the return of a defective item and refunding the cost of the item, the company reserves the right to offer to replace the item in line with clauses 8.1 & 8.2.
10 Cancellation Rights
10.1 All products supplied by the company are custom made to the order of the customer, you will not be able to cancel your order once the confirmation of order form is signed.
11 Limitation of Liability
11.1 If the company fails to install the goods with reasonable care and skill it will carry out remedial action at no extra cost to the customer. If no remedial action is possible the company will pay for the damage caused.
11.2 Colour matching of finished products against samples cannot be guaranteed although all reasonable efforts will be made to ensure the accuracy of the finished product.
11.3 Products are manufactured to a tolerance of +/-3mm. Products that fall within this tolerance will not be accepted as defective.
11.4 Our products are made from natural materials and as such minor imperfections not readily apparent from a distance of 1.5m under ordinary light will not be accepted as defective.
11.5 The company cannot guarantee the goods against fading especially as a result of exposure to sunlight. Our goods are also not guaranteed against extreme damp conditions.
11.6 The company will not guarantee goods where they are used for purposes other than their main intended purpose. Other uses are solely at the risk of the customer. In addition the company will not guarantee against fair wear and tear.
11.7 The company will not guarantee goods that, at the request of the customer, exceed the recommended technical specification of the product.
11.8 If, at the time of installation, adjustment or alteration of the component parts of the goods is required we will carry out these adjustments in accordance with our standard practices.
11.9 The company reserves the right to withdraw any products or variations of a product at any time and cannot be held responsible for the consequences caused by the withdrawal of such products.
11.10 The company reserves the right to use cover strips and/or sealant as necessary to conceal gaps or imperfections especially where the installation opening is not square.
11.11 Nothing in this contract excludes or limits our liability for death or personal injury resulting from our negligence or that of our employees.
11.12 We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the goods does not breach any leasehold, planning regulations or other warranties that you may hold.
11.13 In order to install the goods holes will be made in the fabric of the structure. Whilst every care will be taken, no liability will be accepted for any unforeseen damage or for holes left when the goods are subsequently removed.
12.1 The company may assign the contract to complete the installation of the goods to any person, firm or company.
12.2 The customer shall not be entitled to assign the contract or any part of it without the prior consent of the company.
13.1 Any communication to Janela Shutters & Blinds should be addressed to Unit 14, Llancoed Court, Coed Darcy, Llandarcy SA10 6FG
13.2 Details of our written complaints procedure can be requested by writing to us at the above address.
14.1 Nothing in these terms and conditions affects your statutory rights as a consumer.
14.2 No waiver by us of any breach of the contract by you is to be considered as a waiver of any subsequent breach of the same or any other provision.
15 Governing Law and Jurisdiction
15.1 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.