RS BLINDS
TERMS AND CONDITIONS
(Consumer Terms & Conditions of supply and fitting goods)
(Website Terms & Conditions)
CHILD SAFETY DISCLAIMER
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In order to comply with new laws introduced in 2009 (EN13120), all blinds will be fitted with an appropriate child safety device and RS Blinds will not be held responsible for damage to walls, decoration etc in the process of fitting these devices.
If a customer refuses to have child safety devices fitted then RS Blinds cannot install the blind(s) and the goods will be sold on a supply basis only. If the customer does not want a safety device fitted then we must be informed prior to a fitting appointment being booked.
If the customer is not present when fitting to instruct on device location then the fitter will fit to a suitable location and RS Blinds will not be held responsible to ‘make good’ any damage to walls, window frames, decoration etc.
Most blinds will be fitted with a break-away device designed to snap under pressure. This device is easily clipped together again, however, this device is not covered under the RS Blinds guarantee and in the unusual event of a call out being necessary to repair or replace then a call out fee will apply.
Warning Tags: A warning tag will be attached to the blind. A safety tag will be attached to the safety device and a warning notice will be applied to the outer packaging of the product.
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What these Terms and Conditions cover:
These terms apply to all goods and services that we supply you as our customer.
“We” are RS Blinds, our VAT registration number is 944 1690 14
We are based on Claylands Avenue, Worksop, Nottinghamshire and you can contact us by email at sales@rsblinds.com or by telephone on 01909 484536.
Our Terms and Conditions are ruled by the requirements of the Consumer Rights Act 2015. The Consumer Contracts (Information, cancellation and additional information) Regulations 2013, The Child Safety requirements BS EN 13120:2009 +A1 2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.
- OUR CONTRACT
1.1 RS Blinds invites you to buy goods from us through a home visit or a telephone call. A legally binding contract with you will only arise once RS Blinds have confirmed your order and/or received a deposit payment from you. By paying a deposit you are confirming that you are happy to receive the service from us.
1.2 The goods you receive from us must be of satisfactory quality, fit for common purpose or any purpose made known to us and must meet any description given. Please note that the images of the products we supply in literature or online are for illustration purposes only and we cannot guarantee that these printed/computer displayed images will reflect the colour of the goods accurately.
- PRODUCT GUARANTEE – BLINDS
2.1 We are so confident that our blinds are produced to the highest quality that we offer a 12 month guarantee on all our blinds. We will arrange for a repair or replacement free of charge if you have any problems within that 12 month period. However there are some exclusions within this, as follows;
2.1.1 accidental damage
2.1.2 misuse
2.1.3 commercial installations
2.1.4 wear and tear
2.1.5 exposure to the elements
2.1.6 modifications
2.2 The materials we use, especially fabric blinds, can fade over time, particularly if they are in bright sunlight for long periods of time or in smokey environments. We do not therefore offer any kind of cover for this. Our guarantee is only offered on our products. We cannot be held liable for any other type of damage including fire or any other incident outside our control. This guarantee does not affect your statutory rights.
2.3 For a nominal fee, we can repair some types of blinds that we have installed that are out of guarantee. In some instances we may be able to repair blinds that have been damaged accidentally or through user error. However, not all bind types are repairable.
- PRODUCT GUARANTEE – SHUTTERS
3.1 To give you full peace of mind all our shutters come with a 3 year guarantee. This guarantee starts from the day your shutters are installed until the 3rd anniversary of your installation date. The 3 year guarantee covers any manufacturing fault. All hinges and subsequent hardware are guaranteed for 12 months and any installation is guaranteed for 12 months. This guarantee does not affect your statutory rights. It may be possible to repair some shutters that we have installed and are out of guarantee, in some instances we may be able to repair shutters that have been accidentally damaged or through user error – a fee will apply.
- CHILD SAFETY
4.1 As a blind manufacturer and installer we have to comply with the regulations. The regulations were introduced to help prevent accidental death by way of strangulation to young children caused by entanglement in blind cords. We take our obligation extremely seriously. Safety devices supplied with our goods must be fitted by us at the time of installation otherwise we may be negligent and could be in breach of the regulations. In the event that you instruct us that you do not wish to have such a safety device fitted then we will refuse to install the goods. In such an instance you will be liable to pay the price agreed under the contract.
4.1.1 You agree that you will not treat our refusal to install the goods for the reasons set out above as a breach of the contract and that you will still be bound under the contract to take delivery of the goods.
4.1.2 For the avoidance of doubt we consider the above 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 faulty goods or goods not as described.
4.1.3 The default option, unless otherwise stated, will be for wand operation on all vertical blinds.
- THE PRICE
5.1 The price for any goods ordered by you will be the price given to you at the time of quotation and accepted by you. The price includes VAT. Any deposit paid by you will be deducted from the final payment. The payment for all goods is due at the time of fitting (unless otherwise stated at the time of quotation). We accept card (not American Express) cash or bank transfer. We do not accept cheques.
5.2 All quotes are valid for 30 days only. After the expiration of 30 days the price quoted may change, for example, where a quoted price is no longer valid. In this case the price will be that listed in the company’s current price list.
5.3 In addition to the price a delivery charge may be payable in respect of deliveries made to locations outside of our installation area (ie supply only goods). You will be notified of any delivery charge applied to your goods at the time of confirming your order.
5.4 Where payment is not made within 30 days, and we are unable to come to an agreement over the payment, you will be charged reasonable recovery costs which could include the use of a collection agency and legal fees.
5.5 If you have ordered installation services from us, further charges could apply in additional, unforeseen circumstances. Any additional charges will be notified to you.
- PRODUCT DESCRIPTIONS AND MEASUREMENT
6.1 The product information and photographs contained on our website are provided for illustrative purposes only and we cannot guarantee that they are accurate. If you are in any doubt as to the precise nature of the product or fabric you wish to order you are advised to refer to the sample books available at the time of quotation, or you are able to view these at our showroom.
6.2 Whilst we take care to represent colours and textures accurately on our website, computer monitor displays vary greatly. If you require an exact colour match please ensure you have referred to the samples available at quotation or in our showroom. Where you require multiple items in the same fabric/style please ensure you order at the same time as dye batches can vary slightly.
6.3 If you are providing your own measurements, please ensure that they are correct and accurate. Where we supply goods based on your measurements (ie supply only) we cannot accept return of made to measure goods on the basis that the measurements supplied by you were incorrect. You are advised to speak to our staff if you are unsure how to accurately measure for the goods you wish to order.
6.4 Made to measure products are custom made to your precise requirements, once made, these products are suitable only to you and therefore cannot be cancelled or returned. It is extremely important that you are happy with your fabric/product choice at the time of ordering. RS Blinds cannot be held responsible if you dislike the colour or the general quality of the product. We strongly recommend that you check that you are happy with the fabric/product you have chosen. This does not affect your statutory rights.
6.5 If using our supply only service, you agree that the blind type, size, colour, fabric and measurements are all correct at the time of ordering. Please check the details as changes cannot be made once the order has entered production. All measurements, as standard practice, will be taken as width first and then the drop, unless stated otherwise by you.
6.6 Whilst every attempt is made by RS Blinds to ensure that goods sold and/or delivered match any sample or description shown or given to you, any minor variation or change in colour or pattern between the sample or description of goods shall not entitle you to reject the goods or to claim any compensation for such variation of change. Please keep in mind that minor dye lot variations in materials are unavoidable and cannot be guaranteed. Due to this we recommend that orders containing the same colour are placed at the same time.
6.7 We have taken reasonable precautions to ensure that prices quoted are correct and that all products are correctly described.
6.8 All products manufactured by RS Blinds are produced in line with British blind industry guidelines with regards to operational applied forces, safety legislations as well as aesthetic and ergonomic aspects of the finished product when determining optimum and safe operation, cord lengths, internal built in safety systems and devices in addition to suitable clearances left between window sills and blind bottom bars/louvres. RS Blinds is a member of the BBSA (British Blinds and Shutters Association).
6.9 Please note that even though our blinds are cut with high precision machines there is a tolerance of 5-8mm. We will not replace the order if the sizes fall within this tolerance and you will not be entitled to reject the goods.
6.10 Please note striped fabrics cannot be guaranteed to match across all panels or blinds. Pattern match or pattern consistency is not guaranteed although RS Blinds will always endeavour to do the best job possible.
6.11 Due to the introduction of child safety laws the default option for vertical blinds will be for wand operation. Traditional cord controls can be chosen instead, however a child safety device must be fitted on installation.
6.12 Blinds that are manufactured using fabrics with a PVC coating or PVC backing will deliver a superior room darkening effect than thinner, non coated fabrics. There will however inherently be gaps around the outside edges of roller, vision and Roman blinds and between each louvre on a vertical blind, so inevitably light shall be present to some degree. It can be highlighted that a fabric itself may be 100% blackout however the overall effect of the blind will not stop all light transmission. If 100% blackout is required an alternative product may be required.
- INSTALLATION
7.1 When confirming your order, this includes installation unless otherwise stated. On this basis we have to make certain assumptions, which are;
7.1.1 access to your property for a van with free parking is available;
7.1.2 the area around where the goods are to be fitted is unobstructed and of standard construction with no cables or pipes under the surface in the relevant area;
7.1.3 the walls or wood into which we need to attach hanging apparatus are in a condition that allows us to easily obtain good fixings for the tracks/poles and battens;
7.1.4 you have removed all ornaments, appliances and/or other objects in the immediate working area; and
7.1.5 none of the areas or items into which we are installing goods have any warranties or guarantees that will be invalidated by the installation.
7.1.6 there is no asbestos that we would be likely to come into contact with.
7.2 If these assumptions are not met by you, or if you have reason to doubt that they are, (for example a very old property where there may be hidden pipes, conduits or cables, or if you have parking or access problems), you must let us know at the point of quotation/measure. If you do not we may need to make an additional charge if additional time, costs or materials are required to complete the installation for you as a result of these assumptions not being met.
7.3 For the avoidance of doubt, we will not be responsible for carrying out any building work for moving furniture to clear access to the immediate working area or for the invalidation of any warranties you did not tell us about in writing.
7.4 It is usually necessary to drill holes in order to fit blinds, this includes the installation of child safety devices. When you agree to the installation of your new blinds, your agreement is also implicit for us to carry out any necessary actions with a view to completing works agreed, for example but not limited to drilling holes to fit the blinds and the required child safety device.
7.5 Due to the nature of installing shutters, some small scuffs, scratches and minor chips can occur around the window reveal at the time of installation. Some touch ups may be required after the installation is complete.
- ACCESS
If we have agreed to install the goods for you and you do not allow us access to the premises without having a good reason for this, we may charge you additional reasonable costs incurred to us as a result of this. If despite our reasonable efforts we are unable to contact you to re-arrange access to the premises we may end the contract and you will be liable to pay us a sum up to the price of the goods due under the contract.
- DELIVERY/COLLECTION (SUPPLY ONLY)
9.1 RS Blinds will supply your goods to you either by way of delivery to the address you provide or by collection from our showroom, as soon as possible after your order is confirmed. Payment is required upfront and in full for all supply only products. The date of delivery/collection will be an estimate only and you will be contacted once your order has been despatched or is ready for collection.
9.2 Once your order has been despatched/collected, ownership of the goods passes to you. If for any reason you return the goods, ownership of and risk in the goods returned will pass to us on receipt of them by us.
9.3 All goods leave our premises in perfect condition. Once the goods have been despatched/collected we are no longer responsible and cannot accept any liability for the condition of the goods. In the case of delivery to you, we do ensure that there is suitable insurance taken out against damage by the courier. It is your responsibility to notify us of any damage in order that we can instigate an insurance claim, within 24 hours or delivery.
9.4 Any goods despatched to you will be delivered by a national courier. You should inspect the goods for signs of damage, if there is any damage to the goods you must sign the delivery slip as ‘goods damaged’ and inform us immediately. If you do not have time to inspect the goods then you must sign the slip ‘packaging marked, goods uninspected’. Failure to do so may result in the blind(s) not being replaced.
9.5 Once we have notified you that the order is being despatched it Is your responsibility to ensure that you are able to take delivery. The courier will attempt to deliver your goods twice before returning them to us. Should the goods be returned in this instance you will be responsible for paying further delivery costs in order to re-despatch your goods to you.
9.6 If customers do not have their blinds fitted and we have to hold them, we can do so for up to 6 months. If we have to store them for longer than a 6 month period, we must be informed by the customer and there will be a storage charge applicable. As these goods have no resale value, if we have not been informed to store for longer than 6 months then the good will be disposed of.
- RIGHT TO CANCEL
10.1 You cannot change or cancel your order if the goods you have ordered are manufactured, measured or custom made to your requirements or specifications as these goods will not be re-saleable by us. We regret that once your order has been accepted and has entered our manufacturing process we are unable to accept any changes to these goods or a cancellation of your order. If you wish to change your order or cancel it after we have confirmed it, and it has not entered our manufacturing system please contact us as soon as possible and we will try to assist you. Acceptance of cancellation of your order, if this has not already been put into production, will be liable to retention by us of a handling charge equal to 30% of the price paid for the goods. The balance will be reimbursed to you within 30 days of notification of cancellation by bank transfer.
- CANCELLATION BY US
11.1 We reserve the right to cancel the contract or decline your order if;
11.1.1 we are unable to acquire sufficient stock of the fabric or product required to supply the goods you have ordered; or
11.1.2 any of the goods in your order were listed at an incorrect price due to a typographical error, an employee’s human error or in the pricing information received by our suppliers.
11.1.3 we are prevented from, hindered in or delayed in manufacturing, obtaining or delivering the goods by normal route or means of delivery through any circumstances beyond our control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power, breakdown of plant or machinery or shortage of raw materials from our normal source of supply.
11.2 Before cancelling your order we will do our best to source and offer you suitable alternative goods of a similar style and quality, but you are not obliged to accept them.
11.3 If we do cancel your order we will notify you as soon as possible and will credit to you any payment already made to us. Although we appreciate you may be disappointed in such circumstances we will not be able to offer any compensation for this.
- STOCK SHORTAGES/CHANGES
If the goods or the fabric you have chosen are unavailable RS Blinds will notify you as soon as possible and suggest a suitable replacement.
- DEFECTIVE GOODS
13.1 RS Blinds warrants that all goods sold to you will be free from defects in material and workmanship for a period of 12 months from installation (or delivery) to you.
13.2 If your goods are defective on installation (or delivery) or a defect arises within the following 12 months, you are entitled to a repair or replacement. You should contact us giving details of the defects and providing photographs where possible so that we can either replace or repair the goods, provided that the goods have not been modified or subject to mis-use or negligence.
13.3 If the goods are not defective or it is after the 12 months warranty period, if they have been modified, misused or the subject of negligence, you will be responsible for the payment of our charges on a time and materials basis in respect of repairs and collection of goods which we agree to carry out at your request, provided we notify you of the amount of such charges before carrying out the repair.
13.4 Except where you are a consumer, RS Blinds will not be liable for any indirect or consequential loss or damage or loss of profits arising out of our supply or failure to supply the goods to you.
13.5 The rights you have above do not in any way seek to limit RS Blinds liability for death or personal injury resulting from RS Blinds’ negligence and they do not limit any statutory rights you have as a consumer.
13.7 Except where you are acting as a consumer in all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the goods whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- REFUNDS
If a refund is to be given, this will usually be done by way of bank transfer, unless otherwise agreed by the recipient.
- REPRESENTATIONS
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of our website or by any employee or agent of RS Blinds shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
These terms also govern any submissions you make on any RS Blinds related third party website or page such as Facebook, Twitter, Instagram etc. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of RS Blinds or its employees and RS Blinds is not responsible for any such content. In any event all material posted on any third party social networking site must comply with our terms and conditions .
- EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods you have ordered or for any delay in doing so or for any change of specified delivery or for any damage or defects to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party default, strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
- INVALIDITY
If any of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under appliable law.
We reserve the right to change and update these terms from time to time and recommend that you revisit these terms regularly to keep informed of the current terms and conditions that apply to your use of the website and our services. By continuing to access, browse and use our services you are deemed to have agreed to any changes or updates to our terms.
- INTELLECTUAL PROPERTY
18.1 You must be sure that any design specifications, requirements or instructions do not cause any infringement upon any letters patent, registered designs, trade marks, copyright or trade names.
18.2 You must fully indemnify us against any action, claim, demand, costs, charges and expenses as a result of any infringement or alleged infringement occasioned by the manufacture or sale of goods made to your specifications.
18.3 In the event of manufacture or delivery of Goods being delayed or prevented by any court order or threatened court action, our obligation to manufacture and/or deliver shall automatically terminate but, you will still be liable to pay, in full, the contract price agreed, provided that if we are later able to resume manufacture we shall do so within a reasonable time.
18.4 You will not, without prior consent, disclose any specification, drawing or design of the goods to any third party.
- WEBSITE TERMS AND CONDITIONS
19.1 The content of the pages of our website is for your general information and use only. Your access to the site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the site without notice. This may mean from time to time that we restrict access to some parts of the site or the entire site. If for any reason the site is unavailable at any time or for any period we will not be liable.
19.2 The content on our website is subject to change without notice. It is our aim to update the site regularly and we may change the content at any time. We may suspend access to the site or close it indefinitely if the need arises.
19.3 You are advised to use our website for general information only and to take specialist advice before taking any action on the basis of the content of the website.
19.4 Whilst we take care to ensure the accuracy of the information provided on and through use of the website, the material displayed on the website is provided without any guarantee, condition or warranty as to its accuracy, completeness or appropriateness.
19.5 Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
19.6 Use of information and materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it, any materials posted on it and or any advice, recommendation or other information provided by or on behalf of RS Blinds to you, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of reputation or good will, loss of wasted management or office time and whether caused by breach of contract or otherwise, even if foreseeable.
19.6 This statement does not affect our liability for death or personal injury arising from our negligence or our liability in the case of any fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
19.7 The unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence as outlined below. More specifically you must not misuse the website by knowingly introducing viruses trojans, worms, logic bombs or other material which is malicious or technologically harmful.
19.8 Unauthorised access to RS Blinds’ website, the server on which the website is stored or any server, computer or database connected to the website is prohibited. You must not attack the site. These attacks refer to but are not limited to a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the RS Blinds’ website or to your downloading of any material posted on it, or any website linked to it.
19.9 By misusing the site as described above you would be in breach of this provision and you would be committing a criminal offence under the Computer Misuse Act 1990. The relevant law enforcement authorities would be notified immediately and we would be obliged to disclose your identity to them. Your right to use RS Blinds’ website would terminate immediately in the event of such a breach.
19.10 From time to time our website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no control over the content of any linked websites and accept no responsibility for any loss of damage that may arise from your use of them. It is highly recommended that you read the terms of use on any third party sites. You may not link our home page without prior consent and may only do so in a way that is fair and legal and does not damage our reputation or take advantage of it and you must not use any link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.11 Use of this website and any dispute arising out of such use is subject to the laws of England, Northern Ireland, Scotland and Wales. However we retain the right to bring proceedings against you for a any breach of our terms and conditions in your country of residence or any other relevant country. Please note that we may revise these terms of use at any time and you are expected to check this page to take notice of any changes we make.
- THIRD PARTIES
Except for our affiliates, employees or representatives, no other person shall have any rights to enforce any terms contained within the contract between us and you.
- GOVERNING LAW
This contract is subject to English law and the exclusive jurisdiction of the English courts.
For any questions regarding our terms and conditions, please contact sales@rsblinds.com.
“Goods” means the blinds, window furnishings or other products manufactured or supplied by RS Blinds and the subject of the contract made with “you” and “your” means the person ordering goods from RS Blinds and “we”, “us” or “our” means RS Blinds.