TERMS AND CONDITIONS
THE GREAT SHUTTER CO. TERMS AND CONDITIONS
1. The terms and conditions of this agreement are designed to ensure the completion to the satisfaction of The Customer of the contract or contracts contained in or referred to in the Order (‘order’) placed by The Customer. Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizen’s advice Bureau.
2. This agreement is between The Company and The Customer and shall be binding upon the parties. The agreement shall only apply to contracts or orders relating to the supply and/ or installation of goods.
3. a) ‘The Company’ shall be The Great Shutter Co or The Smart Blind Co. trading as The Great Shutter Co.
b) ‘The Premises’ shall mean the property at which the installation is to take place.
c) ‘The Customer’ shall be the person or persons placing the Order with The Company.
4. A surveyor will ascertain the feasibility of the installation. This is not a general survey of The Premises and inspection will be confined to those areas of The Premises which directly relate to the proposed installation. Defects or damage existing before the installation or thereafter to The Premises are not the responsibility of The Company unless directly attributable to the work done. The customer signature on the survey form signifies their acceptance of the design and specification of their proposed window coverings as well as an acknowledgement of any defects that may currently be present. Any request for changes must be made in writing and if ordered will be detailed on the invoice.
5. For shutters sourced from overseas, the estimated delivery period is 13-16 weeks for standard delivery, 8-12 weeks for express delivery from the date that the order is placed under normal circumstances. For blinds subject to the type of blind being sourced, the estimated delivery time would be 4-10 weeks. UK shutters have an estimated delivery period of 4-6 weeks, although this can vary at certain times of the year.
a) The Company will endeavour to install within 2 weeks of the estimated delivery period stated. The estimated delivery period will increase under the following periods/ scenarios;
1. During a promotional period
2. Requirement for CAD drawings, which require review and sign off.
3. Unprecedented scenarios outside of its control including but not limited to:
Pandemic, war, infrastructure damage or natural disaster, shipping and logistics delays
4. Holiday periods such as Chinese New Year and Christmas Holidays will also increase estimated delivery times by as much as an additional 6 weeks.
Upon receipt of notice that the goods are ready for installation by The Company, The Customer shall accept an installation date within 4 weeks of this notice. If for whatever reasons The Customer is unable to agree an installation date within this timeframe, the full balance will be payable within 28 days of this notice and storage costs will be charged to The Customer at £5 per day inclusive of VAT, or The Customer can elect to store the product in their own premises.
6. a) The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes, electricity, telephone and television cables or points, satellite cables and receivers unless specifically stated on the order. Every endeavour will be made to fit around telephone, television, satellite cables and receivers but regrettably no responsibility will be accepted for any damage caused provided there has been no negligence by The Company. Should obstructions not have been moved The Company reserves the right to charge for additional hours of fitting labour contracted for the day of installation or for the labour contracted for the day. The removal of existing window coverings is the responsibility of The Customer as The Company cannot risk the liability of property damage occurring during the removal of existing window coverings.
b) When variations occur in existing plaster lines, or on uneven/ bowed sills and the dropping of sills of bay windows, The Company cannot warrant that equal sub frames will be visible all round and shadow gaps, caulking and battening will be affected.
c) Where skirting board or door cills needs to be cut to accommodate shutter frames, it is assumed that the flooring continues underneath the skirting board/door cills unless otherwise advised the customer and this will be noted on the survey form.
d) The company will make good any damage caused during installation of plaster, floor, rendering or brickwork immediately surrounding any window or door. This may include filling holes but will not cover the repainting of walls or surrounds.
7. a) Payments should be made as follows. 50% on placing the order and 50% at least 72 working hours prior to the date of the day of completion. For blinds orders under £1000, full payment must be made upfront. Payment can be made via BACS transfer or credit card via our Pay Now link. Cheques are not accepted. The customer’s failure to pay the balance 72 working hours pre installation will constitute a breach of the agreement, and will result in the cancellation of the planned installation.
b) If customers cannot accept a fit date within 4 weeks of the initial fit date offered they will become liable for costs associated with storing the items at £5 per day or must store the goods in their own premises.
8. a) Should there be any damage caused to The Customer’s property (not including the product installed by The Company) during installation The Customer may be refunded up to 5% of the contract value until the issue is remedied at which point full payment will be due.
b) If any payment is not made on the due date the balance will, without prejudice to any other right or remedy available to The Company, become subject to interest on the amount unpaid at the rate of current Bank of England base rate +5%.
c) VAT will be payable by the purchaser at the appropriate rate i.e. that in force at the time the invoice was raised.
d) Customers claiming zero rated or reduced rates of VAT do so on the understanding that The Customer has reached agreement with HMRC and the liability rests with The Customer. Any claims for VAT made on The Company by HMRC shall be reimbursed by The Customer to The Company. Customers with reduced VAT rates must provide written confirmation of eligibility to The Company via email to firstname.lastname@example.org
9. Any illustrations in The Company’s brochure, leaflets, marketing materials or websites are for The Customer’s guidance only.
10. Manufacturer Warranty: Plantation shutters are warrantied by the manufacturers for 3 years from date of purchase for MDF shutters, and 5 years for Hardwood and Waterproof and UK shutters. During the warranty period the warrantied items will be repaired or replaced (subject to acceptance by the manufacturer that this is a warranty issue), free of component charges but subject to a labour charge (if the product was installed over 12 months previously) provided that The Company shall be under no liability under this warranty for clauses 9 a, b, c, d, e, f, g, h, i, j, k, l, m, n, o and p below. If the shutters or blinds are defective, these will be replaced under manufacturer warranty free of charge. This will be manufactured and shipped by the same transportation as the original order.
a) If the total price for the goods and installation has not been paid, or:
b) In respect of any defects arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow The Company’s maintenance instructions, misuse or alterations or repair of goods other than by The Company; or
c) This manufacturer warranty does not confer any right other than those expressly set out above and does not cover any claims for consequential loss or damage. If The Customer calls out The Company to claim under the manufacturer warranty, but the damage or defect is not covered by the manufacturer warranty or redress rights The Company shall be entitled to charge The Customer the reasonable cost of such a call out. Apart from general maintenance which is to be carried out by The Customer such as adjusting hinges or recaulking shutters, for example, all other repairs must be undertaken by The Company. Failure to adhere to this could result in the manufacturer warranty being invalid.
d) The Customer must check the shutter and blinds are in accordance with colour samples prior to installation. The manufacturer does not warrant precise colour matching against samples: most of our products are made from natural materials. Minor imperfections not readily apparent at a distance of six feet under ordinary light will not be accepted as defects. Colour matching of finishing product e.g. paints or stains cannot be warrantied although every reasonable effort will be made to ensure the accuracy of the finished product. Different paint types will look different and can also be affected by the light. Custom colour is more susceptible to colour differentiation between swatch and finished article.
e) The goods are not warrantied against fading or darkening especially as a result of exposure to sunlight where fading or darkening may occur. Our goods are not warrantied against extreme damp or variable conditions unless a Waterproof product has been purchased.
f) We reserve 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.
g) The Company 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 at the risk of The Customer.
h) Tolerance levels of overall panels specifications are plus or minus 3mm, and the product will not be considered defective if falling within the size range. On MDF products the height tolerance may differ by as much as 6mm. Warp on any component part, vertical or horizontal, shall not exceed 3mm per 300mm and shall not be considered defective if within this tolerance.
i) 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 that panel widths do not exceed shutter manufacturers specifications for single or multi panel widths. We may exceed the limitation at your request but in doing so cannot accept responsibility for issues which may result.
j) Louvres, especially those manufactured in wood or other natural materials, will by their very nature not lie totally flat with one another. There will always be light bleed between the louvres as well as between the panels and frames This is not a defect in the product.
k) Our shutter fixings are covered by decorative insert strips in most cases. These insert strips can from time to time come loose. This is not a defect within the product and requires the insert strip to be refixed, this in most cases can easily be done by The Customer, but should The Customer prefer The Company to refix the insert strip they may request this. This work will only be planned to be carried when our team is already in the local area as this is merely a cosmetic issue.
l) Caulking: In most cases, our shutters are caulked in. Caulking naturally dries to a darker colour than when originally supplied, and depending on the temperature in the room, can be susceptible to cracking. Within the first 3 months, should cracking occur, The Company will re-caulk. After 3 months, caulking is seen as a maintenance issue and should be addressed by The Customer.
m) Frames: Different windows and doors may require different styles of frames to be used in order to achieve the best appearance and most secure fixing. The Company reserves the right to use the most appropriate frame for any specific window or door, to secure the best look and the most secure fixing. This may mean that a variety of different frames are used within the same premises.
n) If The Customer is not on site when the property is surveyed or installed the shutters will be fitted in accordance to our standard practices and unless agreed prior to confirmation, if they choose to install against our recommendation then liability will be that of The Customer.
o) Large panels or bi-folding panels may sag a little when folded out of the frame and may require a slight lift to place back in the frame. This may especially be the case with large and/or MDF/ Composite based panels which are heavy by nature. This is not a defect in the product.
p) Midrail heights or control split heights may vary from the height specified by up to half a louver’s width i.e. a 76mm louver may see a 38mm variation in the height specified. This is so that the manufacturer can make the rail sizes as small as possible and maximise the number of louvres within the panel.
11. Incorrect specification or damage: Should a product supplied by The Company be supplied and be subject to one of the following conditions, then The Company will have the product in question re-made and freighted via express delivery method.
a) Wrong specification (not as detailed on the invoice)
b) Wrong size – due to error by The Company and not due to changes made in the customers premises post home consultation
c) Damaged during the installation
If the product has not been able to be fitted temporarily due to an error made by The Company, then The Customer may request the refund of their balance payment for the product in question. The balance is then due for payment to The Company 72 working hours prior to the installation of the replacement product. The remake and express delivery funded by The Company will be the recourse in these circumstances and no further compensation will be provided.
12. Any changes made in the customer premises after the home consultation and survey where production ready measurements are taken and which affect the correct fitting of the product will be at The Customer’s risk as this may affect the ability to install the product. Under these circumstances, any remakes required will not be made free of charge by The Company.
13. If you have purchased painted product the following after care instructions must be followed to validate your manufacturer warranty. Clean your frames using a mild detergent, warm water and a soft cloth or sponge. This should be followed by a wipe with a clean damp with water only cloth. Under no circumstances should chemicals or abrasives materials be used. The cleaning interval should be determined by the amount of soiling and not exceed 6 months in a normal environment. If the frame has become damaged and touch up materials have been used the areas coated in these materials are expressly excluded from the manufacturer warranty.
14. a) In the interest of efficiency when dealing with any query, written notice of such query must be given to The Company.
b) The customer shall grant The Company access to the property to remedy any complaint for which it may be liable.
15. The customer is responsible for; Obtaining any necessary planning, legal or other permission prior to the installation, unless The Company has agreed to do this in writing.
a) Where necessary, the removal or re-siting prior to installation of any pipes or cables and also to make any necessary arrangements with the regulatory authorities.
b) Making arrangement to removal and replace sensors or wiring on intruder alarms when installed.
c) Giving access to all main services if required for the purpose of fulfilling the Order and obtaining any permission so that The Company’s workpeople may gain access to adjoining properties for the purposes of carrying out the works.
d) The cost of any additional work rendered necessary to complete the installation as a result of failure of The Customer or The Customer’s subcontractor to comply with The Company surveyor’s specifications.
e) Damage to the works carried out or goods installed that is occasioned by The Customer or The Customer’s own sub-contractors carrying out any building or other works.
f) Redecoration after installation.
g) Any necessary alterations to pelmets, blinds or curtains, tracks or poles.
16. 1 Cancellation of an agreed installation date by the customer with less than 2 working days notice will incur a charge of £150, which must be paid prior to the rescheduled fit date.
16.2 Should The Company arrive to install having agreed an installation date, and be unable to install due to building work or any other obstruction, the customer will incur a charge of £80 per man hour for the anticipated fit duration. Payment for this charge must be made 72 working hours in advance of the subsequent installation.
17. Written quotations are for guidance only. If any of the above terms and conditions differ from information stated on our quotation, these terms and conditions take precedence. Consumer’s rights under the misrepresentation act are not restricted.
18. To transfer this warranty, please ask the new occupant to send their name and address to The Company’s head office together with the date that they moved into the property. A fee of £75 will be charged to cover administration costs.
19. If any of these conditions are held to be invalid or unenforceable, it will not affect the remaining conditions.
20. Contract Agreement and Notice Of Right To Cancel. If this contract of sale has been made and accepted during a visit to a consumer’s home or place of work, The Customer has the right to cancel at any time within the period of 7 days.
The signing of the survey form is not a contract of sale but merely a confirmation of the shutter design to be used should The Customer decide to proceed with the purchase, unless otherwise changed by the customer in writing. Where quotes or invoices have been provided in writing and emailed to The Customer, acceptance of the quote/ invoice by means of a deposit payment, or payment in full is deemed as written request for performance of contract of sale to begin even if that is before the end of the seven-day cancellation period. If The Customer then cancels the contract, they will be required to pay The Great Shutter Company reasonable costs for goods and services provided, please note our products are made to measure and cannot be re-sold.
Your cancellation rights can be exercised by delivering or sending (including by electronic mail) written Notice of Cancellation for the attention of The Owner, The Great Shutter Company, Dolphin House, Main Road, Itchen Abbas, SO21 1BQ or email@example.com. If posting, we would ask that you do so by Recorded Delivery.
The Company reserves the right to change its Terms and Conditions.