TERMS AND CONDITIONS
These are the terms and conditions of sale of Five Star Blinds Limited. Please read them before you order from us.
We may change these terms from time to time. Please check them before you make another purchase.
Definitions in these terms
"Contract" means the contract, written agreement between us and the consumer, for supply of Goods;
"Consumer" means any customer who is purchasing goods for their own personal use;
"Order" means the order you have made through the relevant page on this Website which is accepted by us in our Order Confirmation;
"Order Confirmation" means our email to you confirming the Order;
"you" / "your" mean the Consumer creating an order for Goods;
"Goods" means the blinds, window furnishings, brackets or other products to be supplied by us as noted in the Order;
"Ready Made Goods" means [Goods where we do not require the measurements noted in condition 2.4 from you];
"we"/"us"/"our" means Five Star Blinds LTD a company registered in England with number 05898214, registered office 217 Manchester Road, Hollinwood, Oldham, OL8 4QY and registered for VAT purposes with number [800 01 07 15];
will apply to all your purchases of Goods from us through the Website;
These may only be changed in a document signed by one of our directors; and
form the entire understanding between you and us.
Any error on the Website, in any literature, order form, price list, or any other document issued by us may be corrected by us without liability.
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 Your Order
2.a The Order shall be as set out in our Order Confirmation. Once you receive your order confirmation or the receipt of payment in full for your goods from us a contract between us will be formed from us. Once the Contract has been formed with you we will file it for our records.
2.b Unfortunately we do not accept Orders for Goods to be delivered outside of the United Kingdom or Ireland. We may terminate any Contract without liability to you where the delivery address is outside the United Kingdom or Ireland.
2.c 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 call our enquiry line on 0161 682 9999 if you live in the UK or contact us by email on if you would like guidance on how to take the required measurements accurately.
3 Price and payment
3.a The price for the Goods is stated on the Order section of the Website, these prices are supplied goods only. 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.
3.b Payment of the purchase price for the Goods is due before any delivery by us of the Goods.
4 Delivery of the Goods
4a. Your Goods will be delivered to the place noted in the Order.
4b. 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.
4c. 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.
5 Warranties for the Goods Subject to conditions
5a.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.
5b. Should any defect in material or workmanship occur within the relevant warranty period 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).
5c. The warranties provided in this condition 5 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.
5d. Every attempt will be made by us to ensure that the Goods supplied match in every respect any samples images or description given to you, any minor or immaterial variation between sample image 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.
7 Limitation of liability
7a.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:
7b. 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;
7c. any losses which are not caused by any breach by us;
7d. business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of business and loss of reputation); or
7e. any failure by you to give us correct measurements for the Goods (see condition above).
7f. our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
8 Your right to cancel your Order for Ready Made Goods
8A. Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of Ready Made Goods within 7 working days of delivery. A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Ready Made Goods or provide you with a full refund provided that, where delivery has taken place, you have returned the Ready Made Goods to us in the same condition that they were delivered. This right of return is in addition to any other rights, warranties or conditions available to you.
8B. If you exercise your right of cancellation after the Ready Made Goods have been delivered to you, please call our Customer Services department on 0161 682 9999 so they can send you an official returns form, and the address for you to send the goods back to our manufacturer. Please send the Ready Made Goods securely in the original packaging.
8C. We regret that we cannot accept the return of any Goods other than Ready Made Goods under this condition 8.
9 Delay or failure to perform
9.1 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.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 Any communication to Five Star Blinds LTD should be addressed to Customer Services, Five Star Blinds LTD, 217 Manchester Road, Hollinwood, Oldham, Ol8 4Qy.