Terms and conditions
I.I The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the Customer Order Form which are subject to these Conditions.
I.II The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made, by the Customer.
In these Conditions:-
|“Business Day”||means any day other than a Saturday, Sunday or bank holiday;|
|“the Customer”||means the person who accepts a quotation or offer of the Supplier for the sale ofthe Goods and supply of the Services, or whose order for the Goods and Services
is accepted by the Supplier;
|“Commencement Date”||means the commencement date for this agreement as set out in theCustomer Order Form|
|“the Contract”||means the contract for the purchase and sale of the Goods and supply of theservices under these conditions;|
|“these Conditions”||means the standard terms and conditions of sale set out in this document and(unless the context otherwise requires) includes any special terms and conditions
agreed in writing between the Customer and the Supplier;
|“the Delivery Date”||means the date on which the Goods and Services are to be delivered as stipulatedin the Customer’s order and accepted by the Supplier;|
|“the Goods”||means the goods (including any installment of the goods or any parts for them)which the Supplier is to supply in accordance with these Conditions;|
|“month”||means a calendar month;|
|“theServices”||means the Services to be provided to the Customer as set out in the CustomerOrder Form.|
|“the Supplier”||means Habitat Shutters LImited, a company registered in England under 08788772.|
|“writing”||includes any communications effected by telex, facsimile transmission, electronicmail or any comparable means.|
Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.1 In these conditions: “Design specialist” means our representative who assists you in choosing the Goods; “Installer” means our representative who installs the Goods; “Contract” means the contract, comprising these conditions, and the Order (as defined below), for supply of Goods and Services; “Consumer” means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order (raised electronically and/or on paper) by you for the Goods and Services accepted by us; “you”/“your” means the Consumer submitting an order for Goods and Services; “Goods” means the blinds, window furnishings, Shutters or other products to be supplied by us as noted in the Order; “Services” means the services relating to the installation of the Goods; “Survey” means the process by which detailed measurements and specifications are agreed for the Goods which may be completed when the Goods are chosen or require a subsequent visit by the Installer; “Survey Measure Record” means the detailed specification schedule (raised electronically and/or on paper) of the products to be manufactured as agreed with the customer at the time of the Survey; “we”/“us”/“our”/“the Company” means Habitat Shutters Limited a company registered in England, 162 Harefield Road Uxbridge Middles UB8 1PP.
1.2 These conditions: will apply to all your purchases of Goods and Services (as those terms are defined below) from us; may only be changed in a document signed by our director; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 By accepting the Contract you are confirming that you are a Consumer. 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.
2.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative.
2.2 The specification for the Goods shall be those set out in the Supplier’s sales documentation unless varied expressly in the Customer’s order (if accepted by the Supplier). [The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.]
2.3 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.
2.4 Once the Order has been agreed and signed by you (electronically and/or on paper) and received by us, and a deposit received, the Order shall be deemed to have been accepted by us unless either we notify you to the contrary within 7 days of you signing the Contract or the subsequent Survey for the Goods identifies that the order cannot be fulfilled. In either case we shall promptly refund any sums paid by you in respect of the Order.
2.5 All Orders are subject to a Survey. Should the results of the Survey identify amendments to the Order which would change the price then we will notify you of such price change whereupon you have the right to proceed with, or cancel the Order at your discretion. Should you choose to cancel the order we shall promptly refund any sums paid by you in respect of the Order.
2.6 The Survey process will require you to approve the final design of the Goods. By signing the “Survey Measure Record” (electronically and/or on paper) you are agreeing the specification for the Goods and authorising us to manufacture the Goods to this specification. The order cannot be changed after this point.
2.7 Should a separate Survey visit be required, it is agreed that whoever you arrange to attend the Survey and sign the “Survey Measure Record” will be acting as your agent and their authorisation of the specification of the Goods will be binding upon you.
2.8 Should you fail to allow access to the property to conclude the Survey within a period of 2 months, then the contract will be deemed void and the deposit will be forfeited.
2.9 By placing the Order you authorise us, at our discretion to carry out credit references or other enquiries of your financial status and you shall provide, upon request, any written authorisation which may be required for the purpose of such enquiries.
2.10 You warrant to us that you: have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and will supply us with such information, rights of access, and mains electricity that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation where you notify us about a problem with the same.
2.11 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier’s specification, which do not materially affect their quality or performance.
3 Price and Payment
3.1 The price of the Goods and Services shall be the price listed in Customer Order Form current at the date of acceptance of the Customer’s order or such other price as may be agreed in writing by the Supplier and the Customer.
3.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier’s published price list the price quoted shall be valid for 5 days only or such lesser time as the Supplier may specify.
3.3 Except as otherwise stated under the terms of any Customer Order or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier’s charges for packaging and transport as specified in the Customer Order Form.
3.4 The price for the Goods and Services is stated on the Order.
3.5 A deposit shall be payable upon signing this agreement, which shall be forfeited to the Company on account of damages in the event of the customer’s breach of contract. In the event that cleared funds are not received for the deposit payment (for example if your card declines or your cheque bounces) we may request full payment before any installation of goods take place.
3.6 All balance payments are required to be made as follows: 50% at time of order 40% on confirmation of the installation date and 10% upon completion.
3.7 Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law: withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods at any time.
3.8 Orders that remain unpaid after the completion of the Services shall be subject to an interest charge of 4% a year above the Bank of England base rate. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest and any reasonable costs together with the overdue amount.
3.9 In the event that your final balance payment is not received, for example if your card declines or your cheque bounces, or if you fail to make payment prior to installation, we may instruct internal or external debt collectors to collect the monies due from you under this contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest, and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector.
4 Delivery of the Goods and supply of the Services
4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative.
4.2 We will deliver the Goods and supply the Services to the place noted in the Order.
4.3 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 (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled fitting appointment) sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control. The Order relates to a made-to-measure product which is exempt from delivery within a 30 day period, as the delivery time for a made-to-measure product may vary by several weeks.
4.4 The Supplier shall use all reasonable endeavors to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.
4.5 Customer Goodwill Payment Policy
4.5.1 We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification sheet set out in the “Survey Measure Record” and Customer Order Form.
4.5.2 If the Services supplied by us are not in accordance with condition ‘I’, above, you should notify us in writing within a reasonable time (5 working days) from their supply/installation. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition ‘I’, we will either remedy the defect in question or re-supply the defective Services.
4.5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
This does not affect your “Statutory Rights”
4.5.4 Unsuccessful installations: Customer payments/good-will refunds will be made due to unsuccessful installations surrounding, (but not limited to):
Lost Goods; Salesman/Installer Error; Damaged Goods; Installer Illness/Absence; Order mis-measurement; incorrect specification:
4.5.5 Unsuccessful installations: Customer payments/good-will refunds will not be made and 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 (but not limited to):
Delays caused by our suppliers, shipping delays, 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; Home Adaptations; Pre-installation payments not received.
This does not affect your “Statutory Rights”
4.6 Where you fail to meet and/or agree the delivery date, full payment must be made. We will not accept postponement of fitting unless full payment is received.
4.7 It is a condition of these terms that access to the property is made available at the mutually agreed dates for Survey, installation and service calls. In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of but not limited to pets, plants, furniture, breakable items and household residents. The company requires 24 hours’ notice of a cancelled appointment.
4.8 For larger Orders it may be necessary for Goods to be delivered to the property prior to the installation date. We will inform you where this is necessary and you will be responsible for facilitating such a delivery.
4.9 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations 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.
4.10 Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These regulations make it mandatory that all blinds should be fitted with appropriate safety devices. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the Goods. In such circumstances you will remain liable for the full cost of the Goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty.
5 Warranties for the Goods and Services / Defective Products
Subject to conditions 5.3, and 5.4:
5.1 We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the “Survey Measure Record” relating to your Order and which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. At this point, subject to it being the first error that has arisen, a request to cancel your order and gain a full refund will not be upheld. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1, we will either remedy the defect in question or re-supply the defective Services.
5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.4 Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, performance of the product is unimpaired and the warranties provided in this condition 5 shall not apply in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession. Shutters that are exposed to sunlight may fade and/or discolour over time however the performance of the product is unimpaired and does not constitute a valid warranty claim.
5.5 Subject to condition 5.4 and to the receipt of payment in full for your order we offer a 3 year warranty on all shutters and services supplied. We offer a 1 year warranty on all blinds. The warranty time period starts from the day the goods are fitted. Commercial warranties offered to Companies and Government Institutions are 1 year on all shutters and blinds.
5.6 Upon notification of a claim under warranty surrounding (but not limited to) defective goods, mis-manufacture, damaged goods, etc.; the option to cancel the order and receive a full refund will not be made available at this time. The supplier must be given an opportunity to rectify any potential warranty claims that arise. The supplier will instead 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 misuse or modification). It is possible that Goods replaced under either the warranty may no longer exactly match other Goods in that order due to fading. Should this be the case the Company does not accept any liability to replace non-faulty product solely to ensure colour match.
This does not affect your “Statutory Rights”
5.7 In order for us to complete any repairs required under the warranty, we will require access to your property at a mutually convenient time. Failure to provide such access will be deemed a frustration of the contract and our obligations as set out within clause 5 will cease.
6 Notice of the Right to Cancel
6.1 Unfortunately, as the Goods are made-to-measure to your requirements, you will not be able to cancel your Order once placed (subject to clause 6.3 below), but, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
6.2 This Contract is with Habitat Shutters Limited whose registered office is Westway’s House, 162 Harefield Road, Uxbridge, Middlesex, UB8 1PP.
6.3 Notwithstanding clause 6.1 above, as a goodwill gesture, Habitat Shutters will accept cancellations of Orders placed provided that notice of cancellation is received within two calendar days starting with the date the Contract is formed. Your cancellation must be received by email to: firstname.lastname@example.org or by telephone on 01895 466636.
6.4 The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 6.3 above or on the telephone number in clause 6.3 above.
6.5 The supplier offers a 3 year warranty on all Shutters and associated Services supplied. The supplier offers a 1 year warranty on all blinds. The warranty time period starts from the day the goods are fitted.
6.6 Upon notification of a claim under warranty surrounding (but not limited to) defective goods, mis-manufacture, damaged goods, etc.; unfortunately, the option to cancel the order and receive a full refund is unavailable. The supplier will instead 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 misuse or modification). It is possible that Goods replaced under the warranty may no longer exactly match other Goods in that order due to fading. Should this be the case the Company does not accept any liability to replace non-faulty product solely to ensure colour match.
This does not affect your “Statutory Rights”
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 any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
7.2 Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees, Design Specialists or Installers; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.
7.3 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 warranties that you may hold.
7.4 In order to install the goods, holes will be made in the fabric of the structure. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed.
7.5 If the Supplier fails to perform the service with care and skill it will carry out remedial action at no extra cost to the Customer. If no remedial action is possible the Supplier will pay for the damage caused.
7.6.1 All goods should be fully inspected prior to installation. The buyer must check that the shutters and blinds are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer is not present at the delivery/installation address.
7.6.2 The buyer must check that shutters and blinds 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 four 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.
7.7 The seller cannot guarantee the shutters and blinds against fading and/or discolouration especially as a result of exposure to sunlight where fading and/or discolouration may occur. Our goods are not guaranteed against extreme damp or variable conditions unless they are ABS/plastic products. Our products are not guaranteed against damage caused by moisture ingress and including, but not limited to; room condensation, condensation from windows, damage to shutters and blinds caused by leaving windows open to the elements.
7.8 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.
Under no circumstances, except in respect of death or personal injury caused by the sellers negligence does the seller accept liability for consequential loss, damage costs or expenses, however arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to value of funds received by the buyer.
7.9 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 the risk of the buyer.
7.10 Tolerance levels of overall panel specifications are plus or minus 3mm, and the product will not be considered defective if falling within the size range. Warping on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.
7.11 Limitations: It is recommended that panels be ordered within our normal specification range. For example, panels above 1800mm in height are ordered with a divider rail, and 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. It is also acceptable for a divider rail to be plus or minus half the depth of the louver size selected. Customers can specifically request a Mid-rails/Divider rails to be located at a precise point but this would result in the top and bottom rails being significantly different in size. If a customer specifically requests the Mid-rails/Divider rails to be at a precise point, this request will be noted on the Sales Order Confirmation.
7.12 If the buyer is not present when the openings/property is surveyed or when the shutters are installed we will measure/install the shutters in accordance to our standard practices unless agreed prior to confirmation in writing. If the buyer chooses to install against our recommendation then liability will be theirs.
7.13 On installation of the shutters/blinds we may be required to make adjustments or alterations to the component parts of the shutters/blinds and/or the frames that the shutters are hinged to. These adjustments will be made to our standard practices. In cases where an opening is not square, we will be required to use cover strips or sealant to conceal any gaps/imperfections.
7.14 The buyer is responsible for all choices that are made a time of survey. Once an order has been placed design options, products, colours etc. can not be changed. Unless at the cost to the buyer.
7.15 The buyer is responsible for notifying the seller of any changes that are to occur to the windows, doors or opening sizes at time of measure and/or order. If changes are made to the windows, doors or opening sizes replacement parts or shutters will only be ordered to the cost of the buyer.
7.16 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier’s approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.
8.1 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.
8.2 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.
8.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Consumer Rights Act 2015 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.
8.4 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.
8.6 Any communication to Habitat Shutters should be addressed to Customer Services, Habitat Shutters Limited, Westway’s House, 162 Harefield Road Uxbridge Middlesex UB8 1PP.
9.1 The price of the Goods and Services shall be the price listed in Customer Order Form current at the date of acceptance of the Customer’s order or such other price as may be agreed in writing by the Supplier and the Customer.
9.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier’s published price list the price quoted shall be valid for 5 days only or such lesser time as the Supplier may specify.
9.3 Except as otherwise stated under the terms of any Customer Order Form or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier’s charges for packaging and transport.
9.4 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay to the Supplier.
10.1 The Supplier may assign the Contract or any part of it to any person, firm or company however, the Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.
11.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
11.1.1 (in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or
11.1.2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.
11.2 Communications shall be deemed to have been received:
11.2.1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
11.2.2 if delivered by hand, on the day of delivery; or
11.2.3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
11.3 Communications addressed to the Supplier shall be marked for the attention of the General Manager or Operations Manager.