Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS OF WEBSITE USE AND SUPPLY
The website http://www.sunnydayblinds.co.uk (“Website”) is operated and these terms and conditions of use and supply (“Terms”) are issued by Sunnyday Blinds Limited (“Company”) (“Us”) (“Our”) (“We”).
This page tells you (“You”) about the terms for using the Website and the terms on which the Company supplies any of the goods (“Goods”) listed on the Website. You should print a copy of these Terms for future reference.
By using the Website, and/or by ordering any of the Goods from Sunnyday Blinds Limited, you agree to be legally bound by these Terms, regardless of whether or not you choose to register with the Company.
1.1. The Company is a company registered in England and Wales with company number 5564608 whose registered office and main trading address is St Albans, AL49RS.
1.2. You may access most areas of the Website without registering your details with the Company. Certain areas of the Website are only open to you if you register.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.4. The Company may revise these Terms at any time. Please review these Terms regularly to ensure you are aware of any changes made by the Company. Your continued use of the Website after changes are made means that you agree to be legally bound by these Terms as updated and/or amended.
2. SERVICE AND AVAILABILITY
2.1. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
2.2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
3. USE OF THE WEBSITE
3.1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the Company’s prior written permission.
4. VISITOR MATERIAL AND CONDUCT
4.2. You are prohibited
from posting or transmitting to or from the Website any material:
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
For which you have not obtained all necessary licences and/or approvals;
Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, by hacking).
4.3. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity of or locate anyone who breaches clause 5.1 and/or clause 5.2.
5. LINKS TO AND FROM OTHER WEBSITES
5.1. Links to third party websites on the Website are provided solely for your convenience. If you use such a link, you will leave the Website. The Company has not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
You do not remove,
distort or otherwise alter the size or appearance of the Company logo;
You do not create a frame or any other browser or border environment around the Website;
You do not in any way imply that the Company is endorsing any Goods or services other than its own;
You do not misrepresent your relationship with the Company nor present any other false information about the Company;
You do not otherwise use any trade marks displayed on the Website without express written permission from the Company;
You do not link from a website that is not owned by you; and
Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3. The Company expressly reserves the right to revoke the rights granted in clause 6.2 for breach of these Terms and to take any action it deems appropriate.
5.4. You shall fully indemnify the Company for any loss or damage suffered by it for breach of clause 6.2.
6.1. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the Goods and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
6.2. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Website.
7. MEASURING AND ORDERING
7.1. All Goods ordered are manufactured to the measurements supplied within your order. It is imperative that these measurements are accurate as we cannot accept the return of any Goods for reason of the measurements provided being incorrect.
7.2. All sizes entered as Recess Measurements during the order process will be deducted by approximately 15mm.
7.3. All sizes entered as Exact Measurements will be made as close as possible to the size entered .
7.4. All roller blinds will be supplied with increased fabric drops than the size originally ordered. This increased drop will be set by the Company at the time of manufacturing the blind.
7.5. All blinds are manufactured within tolerances set by the Company.
8. PRODUCT DESCRIPTIONS
8.1. All product information and images supplied within the Website are provided for illustrative purposes only and we cannot guarantee their accuracy. If you are in any doubt about the colour or texture of a fabric it is advised to request a free sample where available.
8.2. Whilst every effort is made to ensure that the Goods sold and delivered match in every respect any image, description, sample shown, given or sent to you, any shade or texture variation does not entitle you to reject the Goods nor to claim any compensation for such variation.
All prices are shown in UK £s sterling and include value added tax (where applicable) at the applicable current rate.
9.1. The price for any Goods will be the price shown on the order confirmation page prior to payment.
9.2. We will debit the price plus any delivery charge from your debit or credit card when we receive your order or as soon as is reasonably practicable thereafter.
10. EVENTS OUTSIDE COMPANY’S CONTROL
10.1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or
other industrial action;
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;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
10.2. The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
11. COMPANY’S LIABILITY
11.1. The Company warrants to you that any Goods purchased from the Company through the Website are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
11.2. The Company’s liability for losses you suffer as a result of the Company breaking this agreement is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of the Company breaking the agreement. Losses are foreseeable where they could be contemplated by you and the Company at the time your order is accepted by the Company.
11.3. The Company does not exclude or limit in any way its liability:
For death or personal
injury caused by its negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.
11.4. The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and the Company (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.5. Where you buy any Goods from a third party seller through the Website, the seller’s individual liability will be set out in the seller’s terms.
12. WRITTEN COMMUNICATIONS
12.1. Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the Website, you accept that communication with the Company will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. HOW A CONTRACT IS FORMED BETWEEN YOU AND THE COMPANY
13.1. A legally binding contract with you will arise once the Company has received payment for the Goods in full from you. We shall notify you of acceptance of your order by email to the email address supplied.
13.2. The Website is only intended for use by people resident in the United Kingdom. The Company does not accept orders from individuals outside the United Kingdom.
13.3. By placing an order
through the Website, you warrant that:
You are legally capable of entering into binding contracts;
You are resident in the United Kingdom; and
You are accessing the Website site from the United Kingdom;
14. TRANSFER OF RIGHT AND OBLIGATIONS
14.1. The contract between you and the Company is binding on you and the Company and on the Company’s respective successors and assigns.
14.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Company’s prior written consent.
14.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
15. YOUR RIGHT TO CANCEL OR AMEND
15.1. If you do wish to change or cancel your order please email email@example.com or call 01727763193 immediately after completing the payment process. We regret that you cannot change or cancel any order once the manufacturing process has started as these Goods will not be available for resale by us.
16. OUR RIGHT TO CANCEL
16.1. We reserve the
right to cancel your order if:
You do not accept our terms and conditions
You request delivery outside of the United Kingdom
We have insufficient stock to complete your order
The Goods ordered are outside of our specification
One or more of Goods ordered was displayed at an incorrect price due to a typographical error made by us or received by us.
16.2. In the unlikely event we do cancel your order we will notify you by email and re-credit your debit or credit card as soon as possible but in any event within 30 days of placing your order.
17. DELIVERY & INSTALLATION
17.1. We aim to deliver all Goods within the delivery time stated for your chosen product and in any case deliver all Goods within 30 days of acceptance of your order. All Goods will be dispatched to the delivery address supplied when completing the ordering process. The Company can not be held responsible for late delivery due to courier problems. We do not guarantee we will be able to deliver any Goods on a requested day or at a requested time. Delivery times are normally between 8am – 7pm, Monday to Friday.
17.2. All customers are advised not to arrange a install / fitter until their Goods have been received in full with all fitting components.
17.3. The Company under any circumstance will not offer any compensation for any losses due to late delivery.
17.4 Fixings used for the installation of any blind is made at the customers discretion. The Company can not be held responsible for unsuitable fixings used resulting in any form of damages. Professional advice must be sought if You are in doubt about the correct fixings to be used.
17.5 All blinds must be installed with the relevant child safety device supplied with your blind. Blinds which are not fitted with the safety device supplied will not conform to European law.
18. RISK AND TITLE
18.1. The Goods will be at your risk from the time of delivery.
18.2. Ownership of the Goods will only pass to you when the Company receives full payment of all sums due in respect of the Goods, including delivery charges.
19. DAMAGED OR FAULTY GOODS
19.1. The Company warrants that all Goods sold to You will be free from defect in material and workmanship for a period of 12 months from delivery of the goods to You.
19.2. If the Goods are defective on delivery or a defect arises within the following 12 months, You are entitled to return the Goods to the Company provided You have first contacted the Company by email at firstname.lastname@example.org, telephone 01727763193, or in writing at the address set out in the Contact Us section of www.sunnydayblinds.co.uk, giving the Company details of the defects, received a returns number from the Company, and only if the Company have agreed that the Goods should be returned.
19.3. If it appears that
the Goods are defective the Company will promptly arrange:
For a courier to collect the defective Goods from You in order to repair the Goods and return the repaired Goods to You, free of charge or to supply replacement parts to replace defective parts free of charge.
19.4. If the Goods are defective on delivery, we will supply replacement parts to replace defective parts free of charge.
. Please contact the Company on the telephone number or by e-mail as described above for guidance on how to pack Your Goods to return them.
19.5. If the Goods are not defective, or are returned to Us after the period of 12 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, You will be responsible for the payment of Our charges on a time and materials basis in respect of any repairs and collection and return of the Goods which We agree to carry out at Your request. We shall be entitled to debit such charge on the debit or credit card which You used to order the Goods provided We notify You of the amount of such charges.
19.6. The Company will not be liable for any indirect or consequential loss or damage or loss of profits arising out of supply or failure to supply the Goods to You.
20.1. All notices given by you to the Company must be given to the Company at Chandlers Road, St Albans, AL49RS, United Kingdom or email@example.com. The Company may give notice to You at either the e-mail or postal address You provide to the Company when placing an order, or in any of the ways specified in clause 13.1 above. Notice will be deemed received and properly served immediately when posted on the website, 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.
21. COMPANY’S RIGHT TO VARY THESE TERMS
21.1. The Company has the right to revise and amend these Terms from time to time.
21.2. You will be subject to the policies and Terms in force at the time that you access the Website or you order Goods from the Company, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if the Company notifies You of the change to those policies or these Terms before the Company sends You the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the Terms, unless You notify the Company to the contrary within seven working days of receipt by You of the Goods).
22. LAW AND JURISDICTION
22.1. These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this these Terms shall be subject to the exclusive jurisdiction of the English courts.
24.1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of Website content requires the Company’s prior written permission.