The Shutter Gallery

Call Today 01442 805 806

The Shutter Gallery

Call us today - 01442 805 806

Window shutters to enhance any room

The Shutter Gallery

Call us today - 01442 805 806

Interior window shutters

The Shutter Gallery

Call us today - 01442 805 806

Shutters to suit any modern decor

Terms & Conditions

1. General

1.1  In these conditions 'the seller' means The Shutter Gallery Ltd and 'the buyer' means the person, firm or company placing an order for goods or services, which are subject to these terms and conditions which are not variable except in writing signed by the seller.

1.2  These conditions of sale together with the particulars contained in the order acceptance, save where stated otherwise and any special conditions agreed by the seller in writing constitute the entire contract between the buyer and the seller.  Periods of time referred to in these conditions of sale shall be of the essence.

 

2. Quotations

2.1  All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer.  The purchase order will be regarded as the offer and the seller's order acceptance will be regarded as binding.  No alternative terms and conditions will be considered or accepted by the seller.

2.2  All prices are quoted without commitment and are subject to alteration or withdrawal by the seller without prior notice.  Orders can only be accepted on condition that the prices charged are those ruling at the date of despatch unless the seller specifically agrees in writing to engage a fixed price contract.

 

3. Price and Payment

3.1  The purchase price will include a single delivery to one address within Mainland UK.

3.2  By placing an order the buyer consents to payment being made by cheque or charged to their debit credit card account as provided to the seller.  On signing the order the buyer is liable to the full purchase price for blinds and half the purchase price of shutters with the balance due prior to installation.

3.3  Failure to pay the balance prior to installation as detailed in clause 3.2 will result in an additional 50% of the fitting charge being charged to the buyer.

3.4  In the unlikely event of an unsuccessful fitting we will credit the amount not fitted to the buyer and re-order outstanding goods with the balance due prior to installation.

3.5  All orders paid for using a credit card will be subject to an additional 2.5% charge to the overall price of the transaction.

 

4. Delivery

4.1  Delivery times stated are approximate only and time is not of the essence for delivery.  Whilst every effort is made to ensure due performance the seller cannot accept responsibility for financial loss arising out of delay or failure to deliver by the specified date.

4.2  If a buyer fails to take delivery of the goods or any part of them on the due date for any reason whatsoever the seller will be entitled to charge for re-delivery and upon notice to the buyer delivery will be deemed to have taken place and the buyer will pay to the seller all costs and expenses including storage and insurance charges.  Any delay or failure to deliver by the seller will not entitle the buyer to refuse delivery or to repudiate the contract and the full price will be payable to the seller without deduction.

4.3  Non delivery, damage or pilferage in transit must be reported in writing to the seller within 7 days of receipt of invoice or advice of despatch.  Where goods are collected from the seller by the buyer or a third party nominated by the buyer the risk in the goods passes to the buyer upon delivery to the buyer or such third party.  Thereupon all liability of the seller in the goods for loss or destruction, breakages, shortages or non delivery shall cease.

4.4  The address for delivery shall be the buyer's address as stated on the order unless otherwise agreed between the parties in writing.

4.5  Once the goods are delivered and signed for either in good condition or unchecked, the seller cannot accept responsibility for any damage to said property.

 

5.  Retention of Title

5.1  The goods shall remain the property of the seller until full payment has been received or until prior resale in which case the beneficial and legal entitlement of the seller shall attach to the proceeds of the resale or to the claim on those proceeds.

5.2  Title to the goods and responsibility for them shall transfer to the buyer on delivery save that where goods are collected from the seller by the buyer or a third party nominated by the buyer the risk in the goods passes to the buyer upon collection.

5.3  Upon taking possession of the goods the buyer shall act as a bailee of the goods for the seller until title has passed to the buyer and shall store the goods upon its premises separately from its own goods, and shall clearly mark its goods, so that they are clearly identifiable as the goods of the seller.

5.4  The buyer's right to possession of the goods will cease at the earliest of the following date:

5.4.1. On expiration of any agreed period of credit or the due date for payment of any invoice has passed.

5.4.2. If being an individual he commits an act of bankruptcy or makes a proposal to his creditors or does anything which would entitle a petition for a bankruptcy order to be made, or the seller believes on reasonable grounds that the same is likely to occur.

5.4.3. If being a company it goes into liquidation or does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up or to apply for an Administration Order, or the seller believes on reasonable grounds that the same is likely to occur.

5.4.4. If the buyer does or fails to do anything which may in any way imperil the title of the seller to the goods.

5.5. The seller will have the right if paragraphs 5.1, 5.2, 5.3 or 5.4 apply:

1. To repossess the goods.

2. To use or sell all or any of the goods.

3. To enter any premises of the buyer for the aforesaid purposes.

 

6. Stock Shortages

6.1  If the goods ordered are unavailable the seller will notify the buyer as soon as possible and suggest a suitable replacement.

6.2  The seller reserves the right to substitute products of a similar description and standard if the requested goods are not available but will use reasonable endeavours to match the order exactly.  In the unlikely event of the buyer receiving a substituted product the buyer shall be entitled to return the goods for a full refund within 10 working days from the date of delivery should the substituted product not be acceptable and in such a case the seller shall pay the delivery costs.

 

7.  Payment Terms

7.1  The Buyer is required to pay a 50% deposit of the total order value at the time of placing the order with the seller.  The outstanding 50% balance due to be settled prior to delivery or on completion of installation as agreed by the seller.  Unless the seller has approved a credit application evidenced in writing, all goods must be paid for prior to delivery or on completion of installation as agreed.  Credit terms are that payment be made by the end of the month following date of invoice.

7.2  If payment is not made by the due date interest shall be charged thereon at a rate of 2.5% per month above the base rate of National Westminster Bank PLC for the time being on a day to day basis.

7.3  If an account becomes overdue, orders will be suspended until the account is brought up to date.  The seller reserves the right (without prejudice to any right to damages or other remedy available) to withhold further delivery to the buyer until payment in full, including any interest due, is made.

 

8. Liability

All goods are sold to the buyer on the following conditions:

8.1  All goods should be fully inspected prior to installation.  The buyer must check that the shutters and blinds are in accordance with the purchase order both for colour and design prior to installation.  The seller cannot accept responsibility in circumstances where the buyer relies upon a representative present at the time of delivery and/or installation and is not present personally.  If the client is not on site when a property is surveyed or when the goods are installed the shutters will be fitted in accordance with the seller's standard practices unless previously agreed to the contrary.

8.2  The seller cannot guarantee precise colour matching against samples.  The products are made from a natural material.  Minor imperfections not readily apparent at a distance of 2 metres under ordinary light will not be accepted as defects.  Colour matching of finishing products (eg paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.

Where natural and medium natural cedar is used the seller does not guarantee a match against any of the samples shown.  They are representative only of the choice and variation in natural and medium natural cedar.  All colours may occur in one order although best endeavour is made to match the samples.

8.3  The seller cannot guarantee the goods against fading or darkening especially as a result of exposure to sunlight where fading or darkening may occur.  Our goods are not guaranteed against extreme damp or variable conditions.

8.4  The seller reserves the right to withdraw any products and colours at any time including after accepting an order without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such products.

8.5  Under no circumstances, except in respect of death or personal injury caused by the seller's negligence does the seller accept liability for consequential loss, damage costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded.  Should a claim be made the seller's liability is limited to value of the order placed by the buyer.

8.6 The seller 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 seller.  Other installation positions and uses are undertaken at the risk of the buyer.

8.7  Tolerance levels of overall panel specifications are plus or minus 2mm and the product will not be considered defective if falling within the size range.  On MDF product such as the Seattle Range the height tolerance may differ by as much as 6mm.  Warp on any component part, vertical or horizontal, shall not exceed 1mm per 300mm and shall not be considered defective if within this tolerance.

8.8  It is recommended that panels be ordered within the seller's normal specification range.  It is recommended that double hung panels shall not exceed 550mm. panels above 1800mm in height are ordered with a divider rail and that single panel widths do not exceed 890mm for wood panels and 750mm for MDF.  The maximum panel length shall not exceed 3000mm.  The seller may exceed the limitation at the buyer's request, but in doing so the seller cannot accept responsibility for problems that result.

8.9  If the buyer chooses to install against the seller's recommendation the seller accepts no liability for the installation or the goods and any guarantee or warranty is thereby invalidated.

8.10  Where the order is based on measurements supplied by the buyer the seller cannot accept the return of the goods or any claim for compensation by reason only of the measurements given being incorrect.

8.11  Where tracking is used the buyer accepts that there is a gap of not more than 20mm between the bottom of the shutter and the floor or sill, due to the Jam Bracket that is used.  There is also a small light gap between the top of the panel and the facia plate.

8.12  The buyer accepts that the buyer's openings are not perfectly square and level, that shutters are made as "square and true" and the shutters will be fitted to best endeavours. Sills that are not level may have that appearance exaggerated by the installation of shutters and that it is not the seller's responsibility to level the shutters to an opening's level where that level is not level as measured with a spirit level.

8.13  The buyer accepts that the seller's products are custom made from wood or compounds of wood materials and may have slight imperfections as made from natural materials.  The buyer accepts that these products are fitted to the best of the seller's abilities and that there may be slight imperfections around fixing points and areas of natural wood may have grain or indentations and that these maybe be filled.  This is normal practice with wood products.  A flaw or visual fault is not deemed a manufacturing defect if it cannot be seen from a 1.4 metre distance with normal eye sight.

 

9. Returns and Cancellation of your Order

9.1  The seller cannot accept responsibility for any damage to the goods or any other deviation from the contracted specification unless reported to the seller in writing within 7 calendar days following delivery or following installation if to be carried out by the seller.  The right to bring a claim against the seller shall lapse upon expiry of this period.

9.2  The seller shall not be liable to the buyer for short delivery of the goods however caused but will provide the seller with the outstanding goods as soon as is reasonably practical following notification sent by the buyer.

9.3  Subject to clause 9.1 any defective goods must be returned by the buyer within 7 days of delivery or installation if to be carried out by the seller.  The seller will pay the cost of transport of the goods.

9.4  The buyer cannot change or cancel the order once accepted by the seller if the goods ordered are manufactured, measured or custom made to the buyer's requirements or specifications, as these goods will not be resalable by the seller.

9.5  The seller may cancel the contract if the price quoted becomes uneconomic, or if the goods or the finish contracted for becomes unavailable.

9.6  If the fitting day is cancelled with less than one working days notice the buyer will be liable for 50% of the fitting cost on top of what is owed.

 

10. Defective Goods

10.1  If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall at its option:

10.1.1  Replace the defective Goods within 56 days of receiving the Buyer's notice or

10.1.2  Refund to the Buyer the price for the goods which are defective

The Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice give by the Buyer as aforesaid.

10.2  No Goods may be returned to the Seller without the prior agreement in writing of the Seller.  Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller's sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.

10.3  The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.

10.4  Goods, other than defective Goods returned under Conditions 10.1 or 10.2, returned by the Buyer and accepted by the Seller may be credited to the Buyer at the Seller's sole discretion and without any obligation on the part of the Seller.

10.5  Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.6  The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer's failure to comply with this condition.

 

11  Use of Cards

11.1  By placing an order the buyer authorises the seller at its discretion to carry out a credit reference or other enquiry upon the buyer's financial status as the seller thinks fit and the buyer agrees to provide such written authorisation as may be required for purposes of such enquiry and in the absence of such authorisation the seller will be unable to process the buyer's order.

11.2  The buyer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that the credit and/or debit card they are using is their own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.

 

12. Representations

12.1  No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, Web site pages or by any agent or employee of the seller shall be interpreted so as to enlarge, vary or override in any way any of these terms or conditions.

 

13. Invalidity

13.1  If any part of these terms and conditions is unenforceable including any provision in which the seller excludes liability to the buyer the enforceability of any other of these conditions of sale will not be affected.

 

14. Privacy

14.1  The buyer acknowledges and agrees to be bound by the terms of the seller's privacy policy.

 

15. Third Party Rights

15.1  Except for the seller's affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contacts (Right of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart form that Act.

 

16. Governing Law

16.1  This contract is subject to the law of England & Wales and the exclusive jurisdiction of the courts of England & Wales.

Company Number 07338134

Registered as The Shutter Gallery

25 Kitsbury Road

Berkhamsted

Hertfordshire.  HP4 3EA