Terms & Conditions of Supply and Fitting Goods – Business to Consumer

These Terms and Conditions (“The Terms”) apply to all goods and services which have been ordered from us. The goods we sell are generally bespoke products and are made to your order specifications. We ask that you note, whilst you have the right to cancel your order, the cancellation rights do not apply in relation to bespoke products. Please refer to clause 6 in this regard.

1. Interpretation

1.1 Definitions:

The Business, means Fyka Global Limited T/A Scarlet Blinds and Shutters of 163 Windermere Rd, Langley, Middleton, Manchester, M24 5NQ. (“Scarlett Blinds”).

Business Day, means a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.

Conditions mean the terms and conditions set out in this document as amended from time to time.

Contract means the contract between the Business and the Customer for the sale/purchase and installation of the Goods in accordance with these Conditions.

Customer means the person or firm who purchases the Goods from the Business. Delivery Location is the place where the consumer requires the goods or installation.

Force Majeure Event, means an event, circumstance, or cause beyond a party’s reasonable control.

Goods mean the blinds, curtains, shutters, or other window furnishings or products manufactured and/or supplied by us which are the subject of your Order.

Order means the Customer’s offer to purchase the Goods specified in the Order. Order Confirmation means the email sent to the Customer by the Business confirming acceptance of the Order. Specification means any specification for the Goods, including any related measurements, plans, and drawings as set out in the Order. Price means the price of goods and/or installation and any applicable delivery or packing charges. Regulations mean the General Product Safety Regulations 2005.

1.2 Interpretation:

1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).

1.2.2 A reference to a party includes its personal representatives, successors, and permitted assigns.

1.2.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted.

A reference to a statute or statutory provision includes all subordinate legislation made under

that statute or statutory provision.

1.2.4 Any words following the terms including, include, in particular, for example, or any similar the expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

1.2.5 These Conditions and the Contract are made only in the English language.

1.2.6 A reference to writing or written includes email

1.2.7 You being a reference to the Customer

1.2.8 Us being a reference to the Business

2. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is solely responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate, and the Business shall have no liability for any defects or problems with the Goods arising from the Specification.

2.3 Where the Order specifications have been taken by the Business, the Business will be responsible for the Order specifications.

2.4 The Order shall only be deemed to be accepted when the Business issues the Order Confirmation either verbally or written, at which point the Contract shall come into existence.

2.5 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.6 Any samples, drawings, descriptive matter or advertising produced by the Business and any descriptions or illustrations contained in the Business’s catalogs or brochures or on their website are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

2.7 An Order may be placed through our website, catalog, over the telephone or otherwise at a distance. If a person from the Business attends any Customer premises, a Contract will be formed when an order confirmation has been issued.

2.8 A quotation for the Goods given by the Business shall not constitute an offer. A quotation shall only be valid for a period of 5 Business Days from its date of issue.

2.9 If you wish to cancel a contract, please refer to section 6 of these Terms to see if cancellation is permitted, and, if so, how to proceed with the cancellation.

2.10 The Business reserves the right to cancel any contract at their own discretion without penalty.

2.11 The Business will always try to deal with your order as quickly and efficiently as possible. The Business will supply the Goods at a time period specified at the time of the Order confirmation.

If the Business gives you a fixed date for delivery, we will do all we can to meet that date but sometimes this may not be possible. Any given date/s will only be an estimate and you cannot hold the Business to the same.

2.12 The Customer should print a copy of these Conditions for future reference.

3. Goods

3.1 The Goods are described in the Business catalog as modified by the Specification.

3.2 The Business reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

3.3 The Goods are intended for use only in the UK and the Business does not warrant or represent that the Goods will comply with the laws, regulations or standards outside the UK.

4. Pricing

4.1 The price will include all taxes applicable from time to time, but please note that we may have had to make certain assumptions when pricing the installation.

4.2 The Business will accept payment in the form of cash, cheque, PayPal or debit cards. The Business reserves the right to refuse payment by credit card. Payments made by cheque are not deemed to have been made until the cheque has cleared.

4.3 You are required to pay a deposit (which is non-refundable) which represents 40-80% of the value of the Order depending on the nature of the blinds and/or shutters.

4.4. Upon payment of the deposit or Order invoice, you shall be required to sign a form that waives your right to recall a financial transaction in the event of a dispute. This does not affect your statutory rights and the Business is committed to resolving any disputes whether financial or otherwise.

5. Delivery

5.1 The Business shall ensure that:

5.1.1 each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, the type and quantity of the Goods (including the code number of the Goods, where applicable), and, if the Goods are being delivered by installments, the outstanding balance of Goods remaining to be delivered;

5.2 The Business shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Business notifies the Customer that the Goods are ready.

5.3 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.

5.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Business shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Business with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.5 If the Business fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Business shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Business with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.6 If the Customer fails to accept delivery of the Goods within five Business Days of the Business notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Business’ failure to comply with its obligations under the Contract:

5.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the fifth Business Day after the day on which the Business notified the Customer that the Goods were ready;

5.6.2 the Business shall store the Goods until actual delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

5.7 If twenty Business Days after the day on which the Business notified the Customer that the Goods were ready for delivery the Customer has not accepted actual delivery of them, the Business may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods.

5.8 If the Business delivers up to and including 5% more or less than the number of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, a pro-rata adjustment shall be made to the Order invoice.

5.9 The Business may deliver the Goods by installments, which shall be invoiced and paid for separately. Any delay in delivery or defect in an installment shall not entitle the Customer to cancel any other installment.

6. Cancellation

6.1 In all instances, you have a right to cancel your order within 3 working days of the Order confirmation for all standard blind Orders.

6.2 IMPORTANT – If the Goods are made to measure by the Business for you (whether this is as a result of specific measurements you have given the Business or the Business has taken measurements at the Delivery location), then you do not have the right to cancel the contract and you will not be refunded your deposit. This does not affect your legal rights as a consumer if the Goods are not of quality or not as described.

6.3 If the Contract includes installation, unless you are entitled to cancel the Contract pursuant to Clause 6.1, you may not cancel or terminate the Contract if, for any reason, you should decide that you will not allow us to Install any safety device that accompanies the Goods which means that, as a result, we cannot Install the Goods pursuant to Clause 3.1 above. In the circumstances, you will still be liable to pay us the full Price due under the Contract (but this will not affect your legal rights as a consumer in relation to any Goods that are faulty or not as described).

6.4 We reserve the right to cancel your order if we have insufficient stock of the fabric or products required to manufacture and/or supply the goods you have ordered or if any of the Goods were listed incorrectly due to a typographical error or an error in the pricing information made by us and/or received by us from our supplier.

6.5 If we do cancel your order, we will notify you as soon as possible and will credit you any payment already made to us relating to your order. We will not be able to offer you any compensation for the disappointment you may suffer.

7. Installation

7.1 If your Order includes installation, we have to make certain assumptions when we quote you a price. These include but are not limited to:

7.1.1 access to you your property is unobstructed and parking for a small van

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 in to 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 other objects in the immediate working

area; and

7.1.5 none of the areas or items in which we are Installing the Goods have any warranties or guarantees that will be invalidated by the Installation.

7.2 if these assumptions are not met in your circumstances, or if you have reason to doubt that they are, for example of you live in a very old property, there are hidden pipes, conduits or cables or if you have parking or access problems, then you must let us know at the point of order. If you do not we may need to make an additional charge for additional time, costs or materials required to complete the Installation for you as a result of these assumptions not being met which will be added to the Price, and any warranties you may have on third party products may be invalidated.

7.3 for the avoidance of doubt we will not be responsible for carrying out any building work, for moving any furniture to clear access to the immediate working area, or for the invalidation of any warranties you do not tell us about in writing.

7.4 Safety Devices. We have to comply with the Regulations. The Regulations have been introduced to help to prevent accidental death by way of strangulation to young children caused by them becoming entangled in blind cords. We take our obligations under the Regulations extremely seriously. These provide that safety devices supplied with Goods must be fitted by us at the time of Installation otherwise we may be negligent and be in breach of the Regulations.

Therefore, if the Goods contain any safety device, we will fit this device and ensure that we have complied with the Regulations. In the event that you should instruct us that you do not wish to have such safety device fitted, then we will refuse to install the Goods. In such an instance, you will still be liable to pay us the Price under the Contract.

7.5 you agree that you will not treat our refusal to Install the Goods for the reasons set out in Clause 8.4 above as a fundamental or any breach of the Contract and that you will still be bound under the Contract to take delivery of the Goods and to pay for the same.

7.6 for the avoidance of doubt we see clauses 8.4 and 8.5 to be reasonable in all the circumstances given our obligations under the Regulations. This will not affect your legal rights as a consumer in relation to any Goods that are not faulty or not as described.

7.7 Upon completion of the installation, you are required to sign a form to confirm the installation has been completed to your satisfaction.

8. Warranty

8.1 We warrant that all Blinds sold to you will be free from material defects for a period of 12 calendar months from delivery of the Goods to you.

8.2 We warrant that all Shutters sold to you will be free from material defects for a period of 3 years from delivery of the Goods to you.

8.3 As a consumer, you have legal rights in relation to Goods that are faulty or not as described in addition to the above warranty. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.

8.4 the warranty given in Clause 8.1 and 8.2 above do not apply to any defects in the Goods arising from fair wear and tear, wilful damage, abnormal storage, negligence by you or any third party, failure to use the Goods in accordance with the instructions, any unauthorized alterations or repairs or any specification provided by you.

8.5 if the Goods are defective on delivery or a defect arises within the following 12 months (for Blinds) or 3 years (for Shutters), please contact us to provide us with details of the defects and we will discuss with you how the Goods should be returned to us. Contact should be made to info@scarletblinds.com or 0161 655 4144 or 07405131288 (WhatsApp only). Provided that Clause

8.3 does not apply and if it appears to us that the Goods are defective we will promptly arrange:-

8.5.1 for the defective Goods to be collected from you in order to repair the Goods and return the repaired Goods to you free of charge; or

8.5.2 to collect the defective Goods from you and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or

8.6 if the Goods are not defective, or have been modified, misused, or the subject of negligence, you will be responsible for the payment of our charges on a time and material basis in respect of any repairs and collection and return of the Goods which we agree to carry out at your request.

8.7 all Installations are guaranteed for a period of 12 months unless:-

8.7.1 we need to customize items beyond the manufacturer’s original specification;

8.7.2 the fittings you require or request do not support the weight of the Goods; or

8.7.3 someone who is not one of our staff or explicitly accredited by us has removed or refitted

the Goods.

8.8 before commencing Installations we use our knowledge of good building practice to decide if we should fit into a particular area. It is up to you to tell us if you know of any cables or pipes hidden in the wall, and we will not be held responsible for striking such fittings.

8.9 we shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, or for any damage or defect to goods delivered, that is caused by any event or circumstance beyond our reasonable control including, without limitation, third party defaults, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, breakdown of manufacturing or other equipment or unavailability of raw materials.

8.10 in these Terms we do not seek in any way to limit your statutory rights, nor to limit our liability for any death or personal injury resulting from negligence on our part.

9. Limitation of liability

9.1 The Business has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 (Five Million Pounds) per claim. The limits and exclusions in this clause reflect the insurance cover the Business has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

9.2 The restrictions on liability in this clause 9 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

9.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

9.3.1 death or personal injury caused by negligence;

9.3.2 fraud or fraudulent misrepresentation;

9.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

9.3.4 defective products under the Consumer Protection Act 1987.

9.4 Subject to clause 9.3 and clause 9.5, the Business’ total liability to the Customer shall not exceed the price of the Goods as set out in the Order.

9.5 Subject to clause 9.3, the following types of loss are wholly excluded:

9.5.1 loss of profits;

9.5.2 loss of sales or business;

9.5.3 loss of agreements or contracts;

9.5.4 loss of anticipated savings;

9.5.5 loss of or damage to goodwill; and

9.5.6 indirect or consequential loss.

9.6 This clause 9 shall survive termination of the Contract.

10. Termination

10.1 Without limiting any of its other rights, the Business may suspend the supply or delivery of the Goods to the Customer or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract as such sums fall due.

10.2 Termination of the Contract shall not affect any rights of the parties which have accrued as at termination.

10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

11 General

11.1 if any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.

11.2 failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.

11.3 we will only use any information you give us in relation to your Order for the purposes of processing your Order providing the Goods and/or Installation for you and informing you of similar products or services that we provide.

11.5 this Contract is subject to English law and nonexclusive jurisdiction of the English Courts


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