BLOC BLINDS TERMS AND CONDITIONS OF SUPPLY
This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (
Terms
) on which we sell any of the products (
Products
) listed on our website (
our site
) to you.
These Terms will apply to any contract between us for the sale of Products to you (
Contract
). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked "I Accept" prior to placing your order if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 22 June 2012.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
1.1 We operate the website choosemyfabric.com. We are Fourds Limited trading as Bloc Blinds, a company registered in Northern Ireland under company number NI055056 and with our registered office at 26 Station Rd, Castledawson, Magherafelt, County Londonderry, Northern Ireland BT45 5DN. Our VAT number is 872 6533 04.
1.2 To contact us, please see our Contact Us page
www.chooseymyfabric.com/ContactUs.aspx
.
2 OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3 USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4 HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5 As a consumer, you have legal rights in relation to Products that are faulty or not as described. 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.
6 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.
7 DELIVERY
7.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the Products to the address you gave us.
7.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
7.4 The Products will be your responsibility from the completion of delivery.
7.5 You own the Products once we have received payment in full, including all applicable delivery charges.
7.6 If on delivery the Product packaging is damaged you should refuse to accept the delivery and we will (at our option) either:
(a)dispatch another Product to you; or
(b)cancel your order.
8 MANUFACTURER GUARANTEES
8.1 All products manufactured by Fourds Limited come with a manufacturer's guarantee. For details of the applicable terms and conditions, please contact us.
8.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9 OUR WARRANTY FOR THE PRODUCTS
9.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 9.2.
9.2 The warranty in clause 9.1 does not apply to any defect in the Products arising from:
(a)fair wear and tear;
(b)wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c)if you fail to operate or use the Products in accordance with the user instructions;
(d)any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e)any specification provided by you.
(9.3) If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10 OUR LIABILITY IF YOU ARE A CONSUMER
This clause 10 only applies if you are a consumer.
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
10.2 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the terms implied by section 9 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e)defective products under the Consumer Protection Act 1987.
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)we will contact you as soon as reasonably possible to notify you; and
(b)our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12 COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to "in writing", this will include e-mail.
12.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Bloc Blinds at the address set out at the commencement of these Terms or to info@blocblinds.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
12.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
12.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13 OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 9 to the recipient of the gift without needing to ask our consent.
13.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 9, but we and you will not need their consent to cancel or make any changes to these Terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 If you are a consumer, please note that these Terms are governed by the laws of Northern Ireland. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of Northern Ireland. You and we both agree to that the courts of Northern Ireland will have non-exclusive jurisdiction. However, if you are a resident of England or Wales you may also bring proceedings in England or Wales, and if you are resident of Scotland, you may also bring proceedings in Scotland.
13.7 If you are a business, these Terms are governed by the laws of Northern Ireland. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of Northern Ireland. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.
13.8 We will not file a copy of the Contract between us