TERMS AND CONDITIONS
The definitions in this clause apply to the terms and conditions as set out in this document: Force Majeure Event: shall have the meaning given in clause 10.2 Goods: the bespoke products that we are selling to you as set out in the Order. Order: your order for the Goods as set out overleaf. Order Confirmation: shall have the meaning set out in clause 2.5.Terms: the terms and conditions set out in this document. Writing: Or written does not include faxes and e-mail.
BASIS OF SALE
These Terms and the order [and our price list] are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please ensure that you read and understand these Terms before you sign the order’ because you will be bound by the Terms once a contract comes into existence between us. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods. These Terms shall become binding on you and us when: we issue you with written acceptance of an Order (order Confirmation); or we notify you that the Goods are ready.
we warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall: conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation; be of satisfactory quality; be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods; be free from material defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.
We will deliver the Goods to you as stipulated on the order form. Delivery of the order shall be completed when we deliver the Goods to you. If you fail to take delivery of an order within 5 calendar days of the date on the order form then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: we will store the Goods until delivery takes place and may charge you a reasonable sum currently [£15] a day to cover expenses and insurance. We shall have no liability to you for late delivery. If you have not taken delivery of the Goods within two weeks of our notifying you that they are ready, we may dispose of part or all of the Goods and charge you for reasonable storage and insurance charges and for the cost of the Goods as stipulated in the order form. Your invoice will then be referred to our legal department for collection.
DEFECTIVE GOODS AND RETURNS
In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery, we will collect the Goods on a date agreed between us and once we have checked that the Goods are faulty we will: provide you with a full or partial refund: or replace the Goods; or repair the Goods.
YOUR RIGHT TO CANCEL YOUR ORDER
By signing the order, you agree to waive your rights in relation to the cooling-off period of 14 days required by the consumer Protection (Distance Selling) Regulations 2000 (the “cooling-off period”). Payment for Goods is required upon placing an order and is non-refundable due to the fact that each item ordered is custom made and as soon as an order is placed, performance of this contract will commence before the Cooling-off Period expires.
TITLE AND RISK
The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
PRICE AND PAYMENT
The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation have expired, in our price list in force at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding order until you have paid the outstanding amounts.
LIMITATION OF LIABILITY
Subject to clause 3.2, if we fail to comply with these Terms, we shall not be responsible for any losses that you suffer as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms’ However, this clause 3.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property. This clause does not include or limit in any way our liability for: death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation: or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
All notices sent by you to us must be sent to Moonlite Blinds. Unit 1A Sylvan Works, Normacot Road Stoke-on-Trent ST3 1PW. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that the letter was properly addressed, stamped and placed in the post.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK. Nothing in these terms and conditions shall affect your statutory rights.