Terms and Conditions
Throughout these terms and conditions, Goods makes reference to all shutters and window coverings as offered for sale and sold by The Shutter Shed (herewith referred to as The Shutter Shed) and purchased by you, the customer.
1. GENERAL GLOSSARY
1.1 Us, Our, Ours, We refers to The Shutter Shed - the company from which you are purchasing
You, Your, Yours refers to the person purchasing the goods from The Shutter Shed
Order means the order (raised electronically and/or on paper) by you for the Goods and Services accepted by us
Contract means the contract comprising these conditions and the Order (as detailed above), for supply of Goods and Services
Goods means the product to be supplied by us as noted on the Order
Services means the services relating to the installation of the Goods
Customer Order Confirmation means the form that You sign to confirm the Order details
Survey mean the process by which detailed measurements and specifications are agreed for the Goods which may be completed when the Goods are chosen or require subsequent visit by the Installer
Installer means our representative who installs the Goods
2. OUR CONTRACT
2.1. A contract between You and Us shall be deemed legally binding upon acceptance of Your order and 50% deposit. Acceptance of Your order will be confirmed by an e-mail/in writing which will be sent to You upon receipt of Your order. You will be required to confirm receipt of this email before we can fully process Your order.
3. YOUR ORDER FOR THE GOODS AND SERVICES
3.1 Upon acceptance of Your order as per section 2.1, We shall debit a minimum of 50% of the total invoice price of the Goods from Your chosen method of payment unless a different deposit amount has been arranged and confirmed in writing.
3.2 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.
3.3 The Survey process will require you to approve the final design of the Goods. By signing the Customer Order Confirmation form either by email/in writing 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.
3.4 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 delivered to and installed; and will supply us with such information, right 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 the problem with the same.
4. PRICE AND PAYMENT
4.1 The price is detailed on our invoice and will be the price payable for the Goods you purchase from us. This price includes all applicable UK taxes as due at that time.
4.2 The remaining balance will need to be paid within 7 days of completion of the services
4.3 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.
4.4 In the event that your final balance is not received, for example if your card declines or your cheque bounces, or if you fail to make payment once fitting has taken place, 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.
5. DELIVERY OF THE GOODS AND SUPPLY OF THE SERVICES
5.1 We will deliver the Goods and supply the Services to the place noted in the Order
5.2 Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage (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.
5.3 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.
5.4 If we do have to move any furniture/objects, any breakages will be at your expense.
5.5 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.
6. ORDER CANCELLATION BY YOU OF CUSTOM MADE GOODS
6.1 Due to the fact that all Goods are custom manufactured to Your requirements and specification and are deemed non resaleable. We cannot cancel any orders once the order has been accepted by Us as per clause 2.1.
6.2 The goods remain Our property until paid in full. If full payment/installation is not made within 12 months of the Order date, the deposit payment will not be refunded and Your Order will be cancelled.
6.3 Cancellations will be accepted prior to Your order confirmation e-mail being sent.
7. ORDER CANCELLATION BY US
7.1 In certain situations it may be necessary for Us to cancel Your order. This may be due to a production issue at the manufacturing plant, or other circumstances outside of Our control. In the event of this occurring We will notify you via e-mail and re-credit any money debited at order placement.
7.2 We will not be liable for any compensation payment in the event of order cancellation by Us.
7.3 The Shutter Shed will have no liability whatsoever to You for any damage or consequential loss caused by The Shutter Shed cancelling Your order in accordance with clause 7.1 above.
8. PRODUCT DESCRIPTION
8.1 The Shutter Shed has done everything in it's power to ensure that the information as displayed on this website is accurate, correct and true. If You are in any doubt about the information as conveyed by Us, please contact Our support team prior to order placement.
8.2 As with all wooden products, shading differences may occur between the colours as displayed and that seen in the finished Goods as purchased by You. We cannot accept any returns or authorise any refunds for any disappointment resulting from natural shading variations.
8.3 If the product is viewed online, colour variations do occur between monitors. We therefore recommend customers request to see our sample slats before ordering as We cannot be held liable for any variations between colours viewed online and the finished product received.
8.4 All goods fitted by us should be fully inspected by You after installation. You must check that the goods are in accordance with Your invoice both for measurements and design after installation. You will be asked to sign a Completion Form to accept that you are happy with the finished, installed product.
8.5 Manufacturing tolerance levels of overall panel and frame specifications are plus or minus 2mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm.
8.6 Horizontal middle rail location: This location may be off by half a louvre.
For 47mm louvre can be off by +/-19mm.
For 64mm louvre can be off by +/-25mm.
For 89mm louvre can be off by +/-38mm.
For 114mm louvre can be off by +/-51mm.
8.7 Shutters with Concealed slat controls, where the distance between top, mid and bottom rails is greater than 1300mm at any point, will automatically have the hidden rod centrally split. This is a manufacturing stipulation to aid even louvre closure
9. INSTALLING YOUR GOODS
9.1 We will install Your Shutters as soon as the goods are ready. While We quote a lead time of 9-10 weeks for installation of Your shutters and 3-4 weeks for Express ranges. These are estimates only and time is not of the essence. While We make every effort to ensure that installation times are met We cannot accept responsibility for any damage or consequential loss arising out of any delay.
9.2 Ownership & title of the goods will pass to You upon full payment.
10.1 We will make every effort to advise You how best to design your shutters in accordance to our best practises. However, We cannot accept liability if you are dissatisfied with the finished design, as the final design choice is Your responsibility.
11. WARRANTIES FOR THE GOODS AND SERVICES
11.1 We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order Confirmation Form relating to your Order and which we have provided to you for those Services
11.2 If the Services supplied by us are not in accordance with condition 11.1, 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. 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 11.1, we will either remedy the defect in question or re-supply the defective Services
11.3 If after inspection of the shutters, we consider the damage/defects not to be covered under the warranty, there will be call out charge to You of £50.
11.3 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.
11.4 All Goods as supplied by The Shutter Shed are covered by a guarantee against defects in craftsmanship or materials. The guarantee period for Plantation Shutters is 3 Years. The applicable guarantee period begins when the Goods are installed.
11.5 In the event of defective or damaged shutters needing to be replaced, we shall not be responsible for any costs incurred by You for the refitting of the replacement shutters or for room decorating.
11.6 If the Goods are deemed defective, We will not automatically issue You with a refund. We will offer You replacement of the Goods or a suitable alternative as deemed by us.
11.7 Goods that have been used in unsuitable conditions (excessively humid or in a high moisture environment or using interior shutters in an exterior environment) or having been subjected to irregular use may not be deemed acceptable for return. We advise at the time of sale that goods are correct for the environment. We cannot be held responsible for any changes that may affect the humidity or general conditions of the room.
11.8 The Goods are made from a natural material, as such minor imperfections not readily apparent at a distance of four feet, under ordinary light will not be accepted as defects
11.9 The guarantee is with You and applies to the location/window where they were originally installed by us.
11.10 The UV protective coating that is applied is a process to help resist the fading caused by UV light but is not guaranteed to completely stop any fading.
11.11 In no event shall The Shutter Shed be liable for incidental or consequential damages, or for any expense associated with such damages. Repair or remakes of defective products is the sole remedy under this warranty and in no event shall The Shutter Shed be liable for costs to remove and/or reinstall the product. Repairs will be made only with like or similar parts. This warranty does not include shipping charges or the cost of labour involved for measuring and installation. This warranty does not cover any condition of or damage to the shutter or window, from unauthorized repairs, accidents, alterations, misuse, abuse, act of God, motorized devices, wear and tear or failure to follow our instructions with respect to cleaning or maintenance. Improper, inappropriate or unauthorized replacement parts, repairs or maintenance voids this warranty. This warranty excludes all liability for removal of the shutter and reinstallation in the same or another window, or damage to the window frame, glass or any other portion of the window. All other warranties, both express and implied, are expressly disclaimed. This warranty excludes all liability for consequential or incidental damages for any cause whatsoever.
11.12 Custom Colour Paint Finishes - A custom colour may not end up being an exact duplicate. This is due to a number of variables such as:
• the species of timber the paint is being applied to
• the number of coats applied
• the degree of sanding and surface preparation
• the temperature and humidity at application and drying
12. LIMITATION OF LIABILITY
12.1 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.
12.2 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
12.3 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.
12.4 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.
13. DELAY OR FAILURE TO PERFORM
13.1 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 : 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
14. PAYMENT SECURITY
14.1 Our payment service provider, Elavon, provides the safest means available today for payment. Elavon processes your payment and do their own security checks before telling us if your payment has been accepted.
14.2 We do not store credit card details nor do we share customer details with any 3rd parties.
15.1 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
15.2 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 in question shall continue in full force and effect.
15.3 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.
16. GOVERNING LAW
16.1 This contract is subject to the English Law and the exclusive jurisdiction of the English courts.
We reserve the right to change these Terms and Conditions without prior notice
17 NOTICE OF THE RIGHT TO CANCEL
17.1 The goods are bespoke and made-to-measure to your requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and hence you will not be able to cancel your Order once placed. This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
This contract is with The Shutter Shed Ltd, Unit 1 New Russia Hall, Chester Road, Tattenhall, Chester CH3 9AH
18.1 You may not transfer any of your rights or obligations within the contract to another person without our prior written consent. The request must be received in writing to The Shutter Shed, Unit 1 New Russia Hall, Chester Road, Tattenhall, Chester CH3 9AH
19 FREE TEMPORARY WINDOW COVERINGS
19.1 Orders need to be over £1000. You must place your shutter order on the day we visit to give you a quotation and 50% deposit must be paid before we fit the temporary window coverings. The request for free temporary window coverings must be made when booking your quotation date either over the phone or by email. If the temporary window coverings cannot be fitted on the quotation date due to time restraints or any other reason not caused by Us and we have to return, there would be a £25 charge. The temporary window coverings must be returned in a similar state after your shutters have been installed unless we have fitted disposable ones. The Shutter Shed Ltd have the right to withdraw or refuse this offer at any time.