Terms and Conditions
1.1 In these conditions:
1.1.1 “Contract” means the contract, comprising these conditions, for supply of Goods;
1.1.2 “Consumer” means any customer who is purchasing outside the course of his or her business or trade;
1.1.3 “Order” means the order through the relevant page on the Website by you for the Goods accepted by us in our Order Confirmation;
1.1.4 “Order Confirmation” means our email to you confirming the Order;
1.1.5 “you” / “your” mean the Consumer submitting an order for Goods;
1.1.6 “Goods” means the blinds, window furnishings or other products to be supplied by us as noted in the Order;
1.1.7 “we”/”us”/”our” mean Fitted Blinds Limited trading as southendblinds.co.uk, a company registered in England with number 000000000, registered office, 95 Victoria Avenue, Southend, Southend, SS6 9DB and registered for VAT purposes with number GB000 0000 00;
1.1.8 “Website” means www.southendblinds.co.uk.
1.2 These conditions:
1.2.1 will apply to all your purchases of Goods from us through the Website;
1.2.2 may only be changed in a document signed by one of our directors; and
1.2.3 form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 Any omission or error on the Website, in any sales literature, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
1.4 We may phone, text or email you in relation to your order from us which you can opt out of at any time.
1.5 By accepting the Contract you are confirming that you are a Consumer.
1.6 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
2 Lowest price promise
2.1 We guarantee to refund the difference if you find equivalent fitted blinds offered with the same level of service for a lower price within 48 hours of purchase. Contact must be made by email or telephone. In the event of a dispute, Fitted-Blinds’; decision is final.
3 Your Order for the Goods
3.1 The Order shall be as set out in our Order Confirmation. The Contract for the purchase by you and sale by us of the Goods shall be formed upon the later of the time upon which we send our Order Confirmation or the receipt by us of payment in full from you for the Goods. Once the Contract has been formed with you we will file it in electronic or paper copy for our records.
3.2 We regret that we cannot accept Orders for Goods to be delivered to addresses outside of the United Kingdom. We may terminate any Contract without liability to you where the delivery address is outside the United Kingdom.
3.3 In placing your Order, you confirm that you have read the advice provided on the website as to Child Safety. You confirm that you understand the child safety options for the various blind types available and that you have chosen one which is appropriate for the window you intend to cover. The guidance is clear that certain blind types require a minimum fitting height and if you order such a blind you confirm that your window conforms with these requirements. We will send full fitting and operating instructions with your Order to ensure its compliance with child safety regulations and you acknowledge that it is your responsibility to fit in accordance with these instructions.
3.4 As the Goods which you order are manufactured according to the measurements you provide in your Order it is very important that your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the How to Measure and How to Fit pages of our website or call our enquiry line on 0800 808 5540 or contact us by email on email@example.com if you would like guidance on how to take the required measurements accurately. We strongly recommend that you order a sample of the fabric you choose and that you double check your measurements are in line with our measuring instructions before placing your order.
3.4.1 If you realise that you have made an error when placing your order, please telephone our customer services team on 0800 808 5540 as soon as possible. It may be possible to cancel your order and for a full refund to be made as long as the products are not in the process of being made. Once manufacture has started the production we will not allow any cancellation or changes to the order.
3.4.2 If you place your order by telephone, our customer services team will repeat the details of the order to you. Please listen carefully as we cannot accept claims that orders were incorrectly inputted by us. We strongly recommend that you also check the order details on the email confirmation are correct. And advise us immediately if anything is incorrect due to 3.4.1.
3.4.3 For Roller blinds, we have to allow for fittings at either end of the blind, as there is no headrail. This means the actual fabric of a Roller blind is approximately 3.2cm less for an exact measurement and 3.7cm less for a recess measurement. We will make this adjustment based on the measurements you provide when placing your order. We strongly recommend that you double check the fabric width will cover the glazed area of your window before you place your order.
3.4.4 We are happy to accept returns on all our own brand skylight blinds. To qualify for a refund you must return the items within 7 working days of delivery. Skylight blinds must be unused and in a resalable condition. Before returning your items, please contact us via email or telephone to arrange your refund. We recommend that you return your skylight blinds via courier to ensure they arrive safely. Once we have received and checked the returns to make sure they’re in resalable condition, we will refund you in full, including the original delivery fee. We are unable to refund the cost of returning the items to us.
4 Price and payment
4.1 The price for the Goods is stated on the Order section of the Website. All prices are inclusive of the cost of VAT but are exclusive of the cost of delivery, which cost will be noted on the Order section of the Website and will be charged to you accordingly.
4.2 Payment of the purchase price for the Goods is due before any delivery by us of the Goods.
5 Delivery of the Goods
5.1 We will deliver the Goods to the place noted in the Order.
5.2 Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
5.3 If you breach your obligations set out at in Contract generally, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
6 Warranties for the Goods Subject to conditions 3.3, 6.2, 6.3 and 6.4:
6.1 We warrant that the Goods will be free from defects in material and workmanship for a period of 12 months from delivery of the Goods to You.
6.2 Should any defect in material or workmanship occur within the relevant warranty period (noted in condition 6.1) after the date of delivery of the relevant Goods, we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any mis-use or modification).
6.3 The warranties provided in this condition 6 shall not apply where: the relevant fault or defect has been caused by your misuse, fitting and/or neglect of the Goods or by accidents caused while the Goods are in your possession; and/or in relation to the Goods, the fault or defect was apparent on a reasonable inspection which you did not notify to us within 28 days from delivery or supply by us.
6.4 We strongly recommend requesting a free fabric sample before placing an order. We aim to make sure every product delivered to our customers matches its respective sample or the image or the description seen on the website. However, our goods can appear different to samples and to when they are viewed online. This is because of variations in dye or fabric runs and because the type of monitor used and its display settings affect how colours, shades and tones appear on screen. A minor variation in colour or pattern or fabric between the delivered goods and the sample, image or description does not entitle you to reject the goods or to claim compensation.
7 Limitation of liability
7.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
7.1.1 any losses which are not foreseeable by both parties when the Contract is formed arising in connection with the supply of Goods or their use by you;
7.1.2 any losses which are not caused by any breach by us;
7.1.3 business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of business and loss of reputation); or
7.1.4 any failure by you to give us correct measurements for the Goods.
7.2 Subject to condition 7.3, our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
7.3 Nothing in this Contract excludes or limits our liability for:
7.3.1 death or personal injury resulting from our negligence or that of our employees or sub-contractors;
7.3.2 liability for damage to property or injury to persons under the Consumer Protection Act 1987;
7.3.3 fraud; or
7.3.4 any other matter that we cannot by law exclude or restrict.
8 Delay or failure to perform
8.1 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
9.1 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
9.2 Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
9.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
9.4 The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
9.5 Any communication to Fitted-Blinds Limited should be addressed to Customer Services, 95 Victoria Avenue, Southend, Southend, SS6 9DB.
9.6 The EU commission provides an online dispute resolution platform (OS platform). You can find it here:https://ec.europa.eu/consumers/odr
10 Return Policy
10.1 As the Goods which you order are manufactured according to the measurements you provide in your Order it is very important that your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the How to Measure and How to Fit pages of our website or call our enquiry line on 0800 808 5540 or contact us by email on firstname.lastname@example.org if you would like guidance on how to take the required measurements accurately. We strongly recommend that you order a sample of the fabric you choose and that you double check your measurements are in line with our measuring instructions before placing your order.
10.2 If you realise that you have made an error when placing your order, please telephone our customer services team on 0800 808 5540 as soon as possible. It may be possible to cancel your order and for a full refund to be made as long as the products are not in the process of being made. Once manufacture has started the production we will not any cancellation or changes to the order.
10.3 If you place your order by telephone, our customer services team will repeat the details of the order to you. Please listen carefully as we cannot accept claims that orders were incorrectly inputted by us. We strongly recommend that you also check the order details on the email confirmation are correct. And advise us immediately if anything is incorrect due to 3.4.1.