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148 Wandsworth Bridge Road, SW6 2UH
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Terms and Conditions

Terms & Conditions

GENERAL

  1. (a) In these conditions the sale ‘the seller’ means Shutters Factory Ltd and ‘the buyer’ means the person, firm or company placing an order for goods or services which are subject to these terms and conditions which are not variable except writing signed by the seller.

 (b) These conditions of sale together with the particulars contained in the order acceptance, save where stated otherwise and any special conditions agreed by the seller in writing constitute the entire contract between the buyer and the seller.

 (c) Periods of time referred to in these conditions of sale shall be of the essence.

QUOTATIONS

  1. (a) All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. The purchase order will be regarded as the offer and the seller’s order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the seller. Trade prices will only be quoted if a proof of business is given.

 (b) All prices are quoted without commitment and are subject to alteration or withdrawal by the seller without prior notice. Prices quoted and agreed include the cost of goods only including VAT but do not include delivery or packaging where stated.

DELlVERY/FITTING

  1. (a) Delivery times stated are estimates only. Whilst every effort is made to ensure due performance, the seller cannot accept responsibility nor can be held liable for damage or consequential loss arising out of transit delays or failure to deliver any goods or service before the estimated arrival or provision dates for any goods or services.

 (b) Orders that are sent by post either at the customer’s request or at the discretion of the seller, are dispatched entirely at the customer’s risk. The seller cannot accept responsibility should the Post Office or any other delivery service company, lose or delay the delivery.

 (c) The buyer shall provide at their own expense, adequate assistance for unloading goods at their place of delivery within a reasonable time from the arrival of the delivery vehicle, where a delivery service has been arranged by Shutters Factory Ltd. In the event of default, the buyer shall be liable for the additional cost involved in arranging a re-delivery thereby occasioned.

 (d) If a buyer fails to take delivery or installation of the goods or any part of them on the due date, for any reason whatsoever, the seller will be entitled to charge for re-delivery/installation and upon notice to the buyer, delivery will be deemed to have taken place and the buyer will pay to the seller all costs and expenses including storage and insurance charges. Any delay or failure to deliver by the seller will not entitle the buyer to refuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction.

 (e) Non-delivery or damage pilferage in transit must be reported in writing to the seller within 5 days of receipt of invoice or advice of dispatch. Where goods are collected from the seller by the buyer, or a third party nominated by the buyer, the risk in the goods passes to the buyer upon delivery to the buyer, or such third party. Thereupon, all liability of the seller in the goods, for loss or destruction, breakages, shortages or non-delivery, shall cease.

 (f) The address for delivery shall be the buyer’s address as stated on the order unless otherwise agreed between the parties in writing.

 (g) Once the goods are delivered and signed for, either in good condition or unchecked, the seller cannot accept responsibility for any damage to said property, if damage has been reported after a 48-hour timeframe since receival of goods.

RETENTION OF TITLE

  1. (a) The goods shall remain the property of the seller until full payment has been received (each order being considered as a whole) or until prior resale in which case the beneficial and legal entitlement of the seller shall attach to the proceeds of the resale or to the claim on those proceeds.

 (b) Upon taking possession of the goods the buyer shall be a bailee of the goods for the seller until title has passed to the buyer and shall store the goods upon its premises separately from its own goods and shall clearly mark its goods, so that they are clearly identifiable as the goods of the seller.

 (c) The buyer’s right to possession of the goods will cease at the earliest of the following date:

  1. On expiration of any agreed period of credit or the due date for payment of any invoice has passed.
  2. If being an individual he commits an act of bankruptcy or makes a proposal to his creditors or does anything which would entitle a petition for a bankruptcy order to be made, or the seller believes on reasonable grounds that the same is likely to occur.

  iii. If being a company it goes into liquidation or does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up or to apply for an Administration order or the seller believes on reasonable grounds that the same is likely to occur.

  1. If the buyer does, or fails to do anything which may in any way imperil the title of the seller to the goods. (d) The seller will have the following rights, if paragraphs (a) (b) or © apply:
  2. To repossess the goods
  3. To use or sell all or any of the goods

  iii. To gain lawful entry into any premises belonging to the buyer, for the aforesaid purposes.

CARRIAGE AND PACKING CHARGES

  1. (a) Mainland – There is a charge on all orders for goods. Current charges can be found in the seller’s most recent Quote or Invoice. Exceptions are single packages of hardware and sample colours which will be forwarded to the buyer by the seller, at the request and agreement with the buyer, by first class post, to be charged at cost if agreed. It should be noted that the liability for such dispatches is held with the buyer. The seller will be responsible only for deliveries made to business addresses by our approved carrier. Prices quoted are subject to VAT.

 (b) Northern lreland/lsle of Man, Channel Islands and European deliveries shall be made by post or by courier at a cost. Prices quoted are subject to VAT.

SAMPLES

  1. (a) Samples can be supplied to the buyer. Samples for plantation shutters can be supplied and is solely upon the Seller’s decision in doing so. Samples provisioning will be charged as specified in the Seller’s provided Quote or Invoice.

MININIMUM ORDER

  1. (a) There is a minimum order value applicable; this can range between £600 plus vat and up to £720+VAT, depending on the type of product ordered. Orders that fall below 2 square metres, will be subject to the seller’s minimum order policy.

PAYMENT TERMS

  1. (a) All goods must be paid for prior to delivery/fitting as agreed. A minimum of 50% of the order total value has to be paid upfront as a deposit, whereas the remaining balance/amount due from the total order amount, having to be paid prior to the fitter’s arrival for the installation. The herein payment terms apply, unless otherwise agreed with the buyer.

 (b) If payment is not made by the due date interest shall be charged thereon at a rate of 2.5% per month above the base rate of Lloyds TSB Bank PLC for the time being, on a day-to-day basis.

 (c) lf an account becomes overdue, future orders will be suspended until the account is brought up to date. The seller reserves the right (without prejudice to any right to damages or other remedy available) to withhold further delivery to the buyer, until payment in full, including any interest due, is made.

TRADING TERMS

  1. (a) The company reserves the right to cease trading with existing customers or refuse to provide any products or services to a customer, without being required to give notice or reasons.

 (b) No one involved in the operation of the account should be directly or indirectly engaged, concerned or interested in any way in the business of supplying Shutters Factory Ltd products by mail order from the approved premises or from any other location.

 (c) Due to the bespoke nature of the sellers products, the seller is exempt from the 14 day cancellation period under the consumers contracts regulations 2013 (information cancellation additional charges).

RETURNS

  1. (a) Any defective goods must be reported during the installation date, prior to the appointed fitter leaving the premises. Where the herein is not possible, the buyer shall report any issue or damage to the goods within maximum 24hours, after the installation has been completed.

 

 

 

LIABILITY

  1. All goods are sold to the buyer on the following conditions and the buyer must ensure that the following conditions are incorporated into any contract with their own customer. The seller does not accept any responsibility nor shall it be held liable for issues arising from the buyer’s failure to follow these conditions.

            (a) All goods should be fully inspected prior, during and after the installation completed. The buyer must check that the shutters are in accordance with the Purchase Order, Quote or Invoice agreed upon. both for colour and design. The seller cannot accept responsibility in circumstances where the buyer is not present at the delivery or installation address, to assess the goods.

            (b) The buyer must check that shutters are to colour sample prior to installation. The seller cannot guarantee precise colour matching against samples. Our products are made from a natural material. Minor imperfections not readily apparent at a distance of 4 feet under ordinary light, will not be accepted as defects. Colour matching of finishing products (eg. paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.

            (c) The seller cannot guarantee the goods against fading especially as a result of exposure to direct sunlight, where fading will occur (see Warranty). Our wooden products/shutters are not guaranteed against extreme damp or variable conditions.

            (d) The seller reserves the right to withdraw any products and colours at any time without prior notice and cannot be held responsible for any consequences, caused by the withdrawal of such products.

            (e) Under no circumstances, except in respect of death or personal injury caused by the seller’s negligence, does the seller accept liability for consequential Ioss, damage, incurred costs or expenses, howsoever arising. Any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to the value of the order placed by the buyer.

            (f) The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing, as surveyed by the company. Other installation and uses are upon the sole risk of the buyer.

            (g) Tolerance levels of overall panel specifications are plus or minus 3-5% per individual panel. The product will not be considered defective if failing within the size range. Warp on any component part, vertical or horizontal, shall not exceed 5% per 300mm and shall not be considered defective if within this tolerance.

            (h) Limitations. It is recommended that panels be ordered within our normal specification range. For example, that panels above 1600mm in height are to be ordered with a divider rail and that panel widths do not exceed 650mm. We may exceed the limitation at your request, but in doing so we cannot accept responsibility for problems that result.

            (i) If the client is not on site when the property is surveyed or installed the shutters will be fitted in accordance to our standard practices, unless otherwise agreed prior to installation. If the buyer choses to install against our recommendation, then liability will be transferred to the buyer.

            (j) If installers are paid by the clients directly, outside of the initial contractual agreement, the seller cannot accept liability for any damage or loss caused outside the initial contractual agreement.

            (k) The seller accepts no responsibility for changes in any aspect of the window or window surround/window handles/alarms sensors/or any additions to window or the surround after the final measure and after the order has been placed into production. – Any goods that do not fit as a result of this, will still need to be paid for in full and any remakes or further work required will also be charged for. The foregoing is in substitution for all other terms, expressed or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer’s statutory rights.

            (l) Since our products are made to measure, no cancellation can be accepted once the products have been manufactured. Once an order has been agreed upon and initial deposit placed for the order, the buyer becomes liable for the full value of the order.

            (m) In the event of breakage or damage to the property, Shutters Factory Ltd will notify the buyer immediately and set out steps to remedy the situation. Similarly, if at the end of a job the buyer is dissatisfied with any aspect of the service, they must inform the seller as soon as possible. Buyers must allow the seller to affect a remedy using our own tradespeople and under no circumstances will the seller be held liable for the costs of repairs by third parties that have not been expressly agreed to in writing.

            (n) If you raise a claim or issue regarding the installation services, the buyer must allow the seller access to review the installation services/products and to take photographs and video captures of any alleged damage or poor quality of work. Any damage or issue has to be reported within maximum 48 hours after the shutter’s installation completed.

            (o) During and on completion of installation of the plantation shutters, the seller may take photographs of the installation and area surrounding the window/door for quality control, which may be reviewed by all parties should a quality control matter be forthcoming. The foregoing is in substitution for all other terms, expressed or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer’s statutory rights.

            (p) We shall not be held liable for any costs incurred by the buyer or any third party who has been employed by the buyer to install the shutters. In the event of defective or damage shutters needing to be replaced, we shall not be responsible for any costs incurred by the buyer for the refitting of the replacement shutters or for room decorating.

            (q) If the Goods are deemed defective, the seller will not automatically issue the buyer with a refund. The seller will offer the buyer replacement of the goods or a suitable alternative as deemed by the seller.

            (r) Goods that have been used in unsuitable conditions (wooden shutters in excessively humid or in a high moisture environment or using interior shutters in an exterior environment) or having been subjected to irregular or inappropriate use, may not be deemed acceptable for return as detailed in clauses 9.1- 9.3 10.5. The Plantation Shutters that we supply, are made from either Composite PVC (with a metal core) or from wood, which is a natural material, as such minor imperfections not readily apparent at a distance of under 4 feet, under ordinary light, will not be accepted as defects.

PRODUCTS & INSTALLATION

  1. (a)The buyer understands that the factory will not consider minor imperfections as faults unless they are apparent from a distance of at least 4 feet away and are seen in ordinary light.

            (b) Plantation Shutters that are agreed to be fitted close to the window will be measured to clear the handles but not the locking key that may protrude from the handle when left in.

            (c) The buyer understands that plantation shutters are not a 100% blackout product.

            (d) Should 1-way closing louvres has been selected for a shutter, then the closing state of the louvres is always by tilting upwards. Should a 2-way closing louvres has been selected for a shutter, then the closing state can be achieved either by tilting the louvres all the way upwards or downwards. Regardless of the louvres type choice and regardless of the closing state, there will still be minimal gaps left between the louvres and the shutter stiles, through which light can pass through.

            (e) The buyer must ensure that all areas and surrounding areas where the seller is asked to carry out work is clear of obstructions.

            (f) The standard lead time for the Mimeo Composite Plantation Shutters manufactured in the Romanian Factory is average 5-7 weeks. The standard lead time for the Classic Shutters, Select Shutters or Mimeo Composite Shutters Manufactured in the Chinese Factory is average 13-15 weeks. Whilst we always aim to commit to the lead times specified above, delays that can happen due to transit issues are not subject to Shutters Factory LTD’s liability. We are not liable in any way, shape or form, for deliveries caused by 3rd party transit companies.

            (g) Should goods arrive damaged from transit or as a manufacturing defect, the Seller (Shutters Factory LTD) will provide free of charge remakes as a solution to the issues mentioned. Shutters Factory LTD will not and shall not be offering or is in no way liable to offer compensation of any form against orders that arrive with delays or manufacturing damages, caused by 3rd party companies.

            (h) Once an order installation has been booked in, the buyer or someone appointed by the buyer, needs to be present during the installation date and overall process. This is mandatory to assess the quality of the goods and report any defects, if any, as soon as possible.

            (i) Should issues or defects arise for just part of the items within an entire shutters order, the installation shall continue for the products deemed in-order and balances due shall be collected in accordance to and afferent to the items deemed in-order.

Eg. Scenario: Should an order consist of 10 window shutters, with a total order value of £2500.  50% (£1250) of the order amount having been paid as a deposit, leaving 50%(£1250)  balance due. Should 9 items be deemed in-order where as 1 item being damaged in transit and requiring replacement, Shutters Factory LTD shall immediately order a replacement from the same factory, and will collect the afferent balance of the 9 items deemed in-order. In this case Shutters Factory LTD will install 9 out of 10 items and will collect an afferent balance to the items installed, in this case (supposingly all items from the entire order being of equal cost) , £1125 shall be collected from the total remaining balance, leaving £125 due to paid once the remake of the 1 damaged panel is being installed.

 

            (j) Buyers that order Shutters that contain a Mid-Rail within their design, must be aware of the fact that the position of the Mid-Rail can vary slightly upwards or downwards by up to 5% from the initial position marked during the measurement process. This is due to the fact that the manufacturing process aims to first get an even distribution of lamellas between the split sections whilst also trying to maintain an equal / evenness between the Top and Bottom Rails of the shutter’s panels. Should the position of the Mid-Rail on a shutter panel be of absolute crucial importance to be where marked during the measurements, then the buyer should specify the Mid-Rail positioning as CRITICAL MID-RAIL. This specification allows for the position of the Mid-Rail not to vary at all, however, in order to maintain a good distribution of lamellas between the split sections it might be the case that the Top and/or Bottom Rails of the shutter panel to differ in sizes.

            (k) Surveying and Site Visits: Shutters Factory LTD offers a Free Complimentary home visit for the purpose of measuring, presenting samples and issuing accurate quotes. Only the 1st visit will be FREE. In the event where you might want to schedule a second visit (eg. perhaps you might need to add up other shutters for measuring) , Shutters Factory LTD can impose a charge from any subsequent visits for measuring purposes. As an alternative, should the buyer needs to add further shutters to an initial quote, then the buyer can provide the seller with rough measurements of the window or window opening and a quote shall be raised based on the measurements provided; After placing a deposit payment against the final quote, only then will Shutters Factory LTD engage into a free second visit to the property for accurate measuring.

            (l) Shutters orders that contain an IN-STYLE HIDDEN tilt rod mechanism, need to be aware of the fact that the tilting can only be continuous for the lamellas up to 1200mm in heigh. For example: A shutter panel of 1500mm in height will require to have a split tilt section (the seller may recommend the best split tilt section in this event). This translates into eventually having 2 sections that can tilt separately/different from each other – similar to a SPLIT LOUVRE SECTION. Due to the great tension accumulating on multiple lamellas, the tilting mechanism becomes inefficient for heights over 1200mm.

            (m) During a home visit, whilst measuring and taking details of the window opening , we might also find out that the window handles might interfere with the opening or closing of the shutter lamellas. At which point, Shutters Factory LTD can and will specify the need of replacing the window handles with slim handles, if no other option is possible. Shutters Factory LTD will charge additionally should window handles replacements be performed as well.

            (n) Window openings and walls surround the window are not perfect. In the event where the window opening itself or the walls that form the window recess are uneven, a shutters installation might require using additional trims in order to cover or even out any gaps that are left due to an uneven window opening or recessed wall area.  Using trims to complement the shutters installation is not considered a defect, but a solution to even out the uneven window opening or uneven recessed walls.

            (o) Shutters Factory LTD does not offer REFUNDS. In the event of damage or issues arising from during/on the arrival of the goods, Shutters Factory LTD will offer FREE REMAKES for the damaged goods.

            (p) Even though the buyers shutters are in our warehouse/possession and are ready for installation, it may take anywhere from a matter of days up to 1 month, until we can appoint an installation date.

            (q) The shutters can have screw holes, from the joining of the components. The screw holes are always covered with plastic screw covers. Its important to know that the plastic screw covers come only coloured in white.

            (r) Not all 3rd party companies that handle the transit for the shutters provide Tracking Numbers. Wherever possible we will provide a Tracking Number for a buyers order. Eg. Train transit cannot be tracked.

            (s) The order lead-time counting starts ONLY once a deposit payment against a order is paid and cleared with Shutters Factory LTD and all the measuring or Final measuring has been done.

            (t) In the event where a buyer is not available for an appointment installation date, please bare in mind that Shutters Factory LTD can store orders FREE of charge for up to 1 month. Storing goods after the first 1 month grace period, will incur a charge of £30+VAT per day.

 

Trade Account Holders

            (a) You should assume that all assets on the seller’s websites (efl-shutters.co.uk, shuttersfactory.co.uk, shuttersfactory.biz, shuttersfactory.ro) is copyrighted and cannot be used without prior written consent.

            (b) On approval of a trade account, dedicated images and technical information can be supplied for your website use or marketing material. In order to use these assets, it is a requirement that you retain an active trade account. If your business also sells shutters from another supplier, it is our requirement that you utilise that said suppliers’ photography to correctly illustrate that product. Shutters Factory LTD reserves the right to revoke permissions at any time should you fail to observe this. If either party end the trade partnership, or you cease ordering with Shutters Factory LTD, all imagery and assets supplied remain the sole property of Shutters Factory LTD and must be returned within 3 months of closing the account.

            (c) Anything you transmit to us, by email or otherwise, becomes the property of Shutters Factory LTD and may be used for marketing or training purposes.

            (d) Trade Accounts may not be used in conjunction with any special offers, promotions or coupon codes.

 

 

JURISDICTION

  1. Contracts with the seller, shall in all respects, be constructed and operate as a contract made in England. The buyer and the seller hereby accept the exclusive jurisdiction of the English Courts in relation to any dispute which may arise out of or in connection with the contract for the goods and services supplied thereunder. Either party of the contract may refer any dispute thereunder, to the tribunal of arbitration of the London Chamber of Commerce.

 

Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the need to go to court. Where we cannot resolve any complaints using our own complaints procedure, we use Dispute Resolution.

In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 03332413209 or via their website – disputeresolutionombudsman.org.

 

Shutters Factory Ltd.