Terms and Conditions of the Sale and Supply of Goods
These terms and conditions apply to all goods bought from us at a distance. Your order whether placed online or over the phone is subject to these terms and conditions.We do not seek in any way to limit your statutory rights as a consumer in any way in these terms and conditions.
We use the following defined terms throughout these terms and conditions to avoid repeating ourselves and to make them easier for you to read and understand:
‘Goods’ means the products supplied by us which are the subject of your Order.
‘Order’ means an order made by you for the supply of Goods.
‘Order Form’ means our on-line ordering process, in particular the final page in this process where you can check your Order before clicking ‘Order’.
‘Price’ means the price of the Goods, plus any delivery charges.
‘Sales Literature’ means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.
‘You’ means the person ordering Goods from us.
‘We’ means ashleycontractsuppliesonline.co.uk (a trading name of our corporate entity, details of which are: Ashley Contracts, Trident House, 70 High Street, Dunstable, Bedfordshire, LU5 5BJ. “us” and “our” shall be construed accordingly.
Once you complete the Order Form or confirm to us conclusively in some other fashion from a distance (eg. fax or phone) that you wish to proceed with your Order we will provide you with an acknowledgement of order by email.
Once we tell you by email that we have accepted your Order a binding contract for the supply of Goods exists between us (a ‘Contract’). If we fail to confirm our acceptance of your Order in an email for any reason, our acceptance will be deemed to have occurred when we dispatch the Goods to you.
Our respective cancellation rights are outlined at conditions 4 and 5.
3. Price and Payment
The Price will be the price shown on the Order Form and will include all taxes applicable from time to time.
Payment is due at the time you place your Order and we will debit the Price from your credit, debit card or Paypal account when you supply us with your details during the Order process.
4. Cancellations By You
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of: any made-to-measure or custom-made Goods. This includes any blinds or curtains on our website unless otherwise advertised. Whilst you do not have the right to cancel your ” made to measure ” order we do still want to be entirely reasonable with you. If you have changed your mind before your Goods have been dispatched please contact us as soon as possible, as we may still be able to halt the production process. If that is the case we may be able to refund you what you have paid less whatever costs we have already incurred in processing and manufacturing your Order, but we cannot guarantee it.
5. Cancellations By Us
We reserve the right to cancel the Contract or decline your Order if:
We have insufficient stock of the fabric or product required to manufacture and/or supply the Goods.
Any of the Goods were listed at an incorrect price due to a typographical error or an error in the pricing information made by us and/or received by us from our suppliers.
If you are not ordering from the UK.
If we do cancel your Order we will notify you as soon as possible and will credit to you any monies you have already paid us relating to your Order within 30 days of your Order. Although we appreciate that you may be disappointed in such circumstances we will not be able to offer you any compensation for disappointment you may suffer.
6. Product Descriptions
The product information and photographs contained in our Sales Literature are provided for illustrative purposes only and we cannot warrant that they are accurate. We would always recommend that you use our free sample service.
Whilst every effort is made by us to ensure that Goods sold and delivered to you match in every respect any sample or description we may have shown or given or sent to you, minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle you to reject the Goods nor to claim any compensation for such variation or change.
It is very important that the measurements you provide us with are accurate. We are sure you will understand that we cannot accept the return of the Goods if the measurements you have provided us are incorrect as we are unlikely to be able to resell them. If you would like guidance on how to take the required measurements accurately please contact us directly and we will be pleased to help you.Our website has measuring guides and help for all blinds and Curtains types.
8. Delivering Your Goods
We aim to deliver your Goods to the address you have provided on the Order Form for delivery within 30 days of the date of your Order unless we confirm a later date to you.
If we give you a specific date on which we expect to deliver the Goods, whilst we shall use our reasonable endeavours to meet that date it is an estimate only and is subject to change. We do our best to secure delivery within the period quoted but shall not be liable for loss occasioned by delay in delivery or arising out of any cause beyond our control. We advise you do not book or arrange for a fitter to install your blinds or curtains until the order has been delivered and you have checked it is complete with no items missing. We also advise not to take specific time off work to wait for a delivery. On occasions and specifically during busy times our couriers can get delayed and not able to make delivery on the designated day. The option to deliver to a work or alternative address is available.
Ownership of, and risk in, the Goods will pass to you once they have been delivered to you. If you return the Goods ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.
If more than one item is ordered we may deliver the Goods in installments and by different couriers.
Please contact us directly if you wish the Goods to be delivered anywhere other than the UK mainland.
As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice on these rights is available from the Citizen’s Advice Bureau or Trading Standards offices. Nothing in these terms will affect these legal rights.
In addition to any statutory rights you may have we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 12 months from delivery of the Goods to you and that they will correspond with their specification in the Order Form and approximately with the description given by us.
If the Goods are defective on delivery or a defect arises within the following 12 months, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Goods should be returned to us. Provided that the Goods have not been modified or subject to misuse or negligence and if it appears to us after we have inspected the Goods that the Goods are defective we will promptly arrange:-
to repair the Goods and return the repaired Goods to you, free of charge; or
deliver replacement Goods of similar quality and specification, free of charge; or
at our sole discretion, arrange for a refund of the Price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.
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 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 or raise an appropriate invoice payable immediately on presentation provided we notify you of the amount of such charges before carrying out the repair.
10. General Terms
These terms and conditions make up the whole agreement between you and us in relation to a Contract.
If a court decides that a condition is not valid, the rest of the conditions will still apply.
Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
A person who is not a party to this agreement has no right under the Contracts (Rights 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 from that Act.
We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control.
This contract is subject to English law and the exclusive jurisdiction of the English courts.