Terms and conditions of sale
Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the wood blinds and optional extras which the Buyer agrees to buy from the Seller.
Price the price for the Goods, Including VAT but excluding any carriage, packaging and insurance costs.
Modica Blinds Trading as
19A High St
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All goods or services displayed or offered on this web site www.shuttermaster.co.uk are for the avoidance of doubt an “invitation to treat” and not an offer to sell.
2.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.4 Acceptance of and confirmation of your order by Shutter Master shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.5 These Conditions may not be varied except by the written agreement of the Seller.
2.6 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The Price is inclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
4.1 Payment of the Price and VAT shall be due upon the Seller’s acceptance of the buyers offer.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 5% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. [Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
6.2 Wood blinds are a natural product and have natural markings that may look like defects. Small variations in colour, wood knots, pin knots and grain are not considered as defects. Small imperfections in the wood are natural and are not covered by this warranty.
6.3 Manufacturers warranties
6.3.1 Claims under Manufacturers warranties must be taken up with the manufacturer and not with the seller. Details of the manufacturers warranty can be found here.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time or of date delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10.0 Carriage of Goods
10.1 Standard carriage £2.95 per square metre. This may change without prior notification.
10.2 Express carriage charges are £80 per square metre of total order plus Vat. This may change without notification.
11.0 Returns and refunds
11.1 Due to the fact the all our Goods are custom made to your requirements no refunds will be offered or returns will be accepted. We cannot restock or sell Goods that are custom made for the Buyer.
11.2 Faulty or defective shutters and blinds will be repaired or replaced with like for like components under the manufacturer’s warranty.
11.3 It is the Buyer’s responsibility to check all the order details in particular the dimensions, louvre or slat size and colour before making the purchase.
12.1 Orders may be cancelled before the buyer receives the “Order confirmation”
12.2 Once the buyer receives the “Order confirmation” either verbally over the telephone, electronic via email or SMS text message or written via postal services the buyer cannot cancel the order and the goods will be manufactured and delivered as requested.
13. Contracts with the seller shall in all respects to be constructed and operate as a contract made in England. They buyer and the seller hereby accept the exclusive jurisdiction of the English or European Courts in relation to any dispute which may arise out of or in connection with the contract for the goods supplied hereunder save that either party to the contract may refer any dispute hereunder to the tribunal of arbitration of the London Chamber of Commerce.
These terms do not affect your statutory rights.