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 product 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


1. Interpretation

1.1 Definitions:

The Business, means Furniture Range Limited T/A Scarlett Blinds 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, means the terms and conditions set out in this document as amended from time to


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, the place where the consumer requires the goods or installation.

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


Goods, means 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 Good and/or installation and any applicable delivery or packing charges

Regulations means 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 separate legal personality).

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


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

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 reference to the Customer

1.2.8 Us being 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


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


2.6 Any samples, drawings, descriptive matter or advertising produced by the Business and any

descriptions or illustrations contained in the Business’s catalogues 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, catalogue, 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 cancellation.

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


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 give 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’ catalogue 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 which

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


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 instalments, the outstanding balance of

Goods remaining to be delivered; and

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


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; and

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


5.8 If the Business delivers up to and including 5% more or less than the quantity 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


5.9 The Business may deliver the Goods by instalments, which shall be invoiced and paid for

separately. Any delay in delivery or defect in an instalment shall not entitle the Customer to

cancel any other instalment.

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 these

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


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 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 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 to 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


8.4 the warranty given in Clause 8.1 and 8.2 above does 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 unauthorised 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 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 customise items beyond the manufacturers 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


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 to inform 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