Shuttercraft Terms and Conditions Of Business

Contents

1. These terms
2. Information about us and how to contact us
3. Our contract with you
4. Our Products
5. Our rights to make changes
6. Providing the products
7. Your rights to end the contract
8. Our rights to end the contract
9. If there is a problem with the product
10. Price and payment
11. Our responsibility for loss or damage suffered by you
12. How we may use your personal information
13. Other important terms.

Our Terms

1. These terms

1.1 .What these terms cover
These are the terms and conditions on which we supply and install our products to you.

1.2 Why you should read them.
Please read these terms before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are.
All Shuttercraft businesses are independent limited a companies registered in England and Wales. The relevant company registration number, registered office and registered VAT number can be found on our printed Terms of Business and in the footer of communications from us to our customers.

2.2 We are an independent company that operates under a franchise licence granted by Shuttercraft Limited. Shuttercraft Limited is not a party to the contract when we accept your order.

2.3 How to contact us.
You can contact us by telephoning our customer service team or by writing to us via the contact details on our website.

2.4 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order

2.5 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order Your acceptance of our written quotation creates your order for the products and installation services as set out, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products

4. Our Products

4.1 Products may vary slightly from their pictures.
The images we use are for illustrative purposes only. Although we have made every effort to ensure colours are accurately represented, there may be minor variations in colour grain and texture due to the natural materials of our products. We are not able to guarantee exact matches to samples, nor are we able to guarantee exact matches on subsequent orders. Minor blemishes where the grains or substrate is only visible at a distance of less than 2m will be regarded as natural variations in the grain or substrate and do not constitute a defect.

4.2 Making sure your measurements are accurate.
If we are making the products to measurements you have given us you are responsible for ensuring that these measurements are correct.

4.3 Your rights to make changes
If we are making the products to measurements we have taken during a survey, you are responsible for ensuring that no changes are made to the windows or their surrounds that could mean the relevant product no longer fits, including, but not limited to, a new window design, addition of tiles or re-plastering. In such circumstances, you will be liable for payment in full even if the product cannot be installed.

5. Our rights to make changes

5.1 Your rights to make changes
If you wish to make a change to the products you have ordered please contact us. If it is possible to make a change we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result and ask you to confirm whether you wish to go ahead. Our products are manufactured to your specifications. As a result we may not be able to change your order or accept a cancellation.

6. Our rights to make changes

6.1 Minor changes to the products.
We may change the products:

(a) to reflect changes in relevant laws and regulatory requirements ; and

(b) to implement minor technical adjustments and improvements.

6.2 When we will provide and install the products.
We will contact you with a proposed installation date as soon as practical after we are notified that the products have arrived in the UK.

6.3 We are not responsible for delays outside our control.
We will contact you as soon as possible if our supply of the products is delayed by an event outside our control. We will take steps to minimise the effect of the delay.

6.4 If you are not at home when the product is delivered for installation.
If no one is available at your address and the products cannot be installed we will contact you to arrange an alternative installation date but reserve the right to charge you for storage costs and any further costs reasonably incurred by us in attending your home on an alternative installation date.

6.5 If you do not allow us access to install the products.
If you do not allow us access to your property to perform the installation services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.

6.6 When you become responsible for the products.
The products will be your responsibility from the time we install the products to the address you gave us.

6.7 When you own products.
You own the products once we have received payment in full for the amount set out on our written quotation

7. Providing the products

7.1 Delivery costs.
The costs of delivery will be as notified to you in our written quotation before you place your order.

7.2 When we will provide and install the products.
We will contact you with a proposed installation date as soon as practical after we are notified that the products have been manufactured to your specifications and arrived in the UK, if applicable.

7.3 We are not responsible for delays outside our control.
We will contact you as soon as possible if our supply of the products is delayed by an event outside our control. We will take steps to minimise the effect of the delay.

7.4 If you are not at home when the product is delivered for installation.
If no one is available at your address and the products cannot be installed we will contact you to arrange an alternative installation date but reserve the right to charge you for storage costs and any further costs reasonably incurred by us in attending your home on an alternative installation date.

7.5 If you do not allow us access to install the products.
If you do not allow us access to your property to perform the installation services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.

7.6 When you become responsible for the products.
The products will be your responsibility from the time we install the products to the address you gave us.

7.7 When you own products.
You own the products once we have received payment in full for the amount set out on our written quotation.

8. Your rights to end the contract

8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

(a) If what you have bought is proven to be faulty or miss-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

(c) Because our products are not stock items but manufactured to each customer’s specifications you will not be entitled to a refund if you change your mind once the manufacturing process has begun.

8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) or (b) below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an error in the price or description of the products you have ordered and you notify us that you do not wish to proceed;

(b) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For products bought off-premises that are not bespoke or made to order you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note that our products are bespoke and made to order.

8.4 “The Shuttercraft 10 Year Warranty”
These terms reflect the goodwill commitment offered by us to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations. This goodwill commitment does not affect your legal rights in relation to faulty or miss-described products (see clause 9.1).

“The Shuttercraft 10 Year Warranty” is explained as follows:
We strive to provide the very best service that we can to our customers and The Shuttercraft 10 Year Warranty is designed to provide customers purchasing our shutters with peace of mind.

• All shutters, frames and battens are put through an 18-point quality control checking system. Once checked, they are photographed with high-resolution digital equipment before being packaged. Packages are then photographed as they are unloaded from the shipping container if they show any signs of damage.
• We will provide services with reasonable care and skill and, in the case of shutters, we will pass on to our customer the benefit of any manufacturer’s or supplier’s warranty that we receive to the extent that it can be transferred to our customer.
• All reasonable efforts will be made to ensure that shutter products will correspond with the specification set out in our written quotation and, for a period of 10 years from date of delivery will be:

i) free from material defects in design and material ;

ii) fit for the purpose for which they are commonly bought and for the purpose for which they have been designed for; and

iii) Our services will be performed with reasonable skill and care.

Exceptions to The 10 Year Shuttercraft Warranty are as follows:

Colour Fastness Shutters will maintain their colour fastness on delivery and for a period of 3 years thereafter.

Shutters Containing Remote Control Mechanisms
Remote control mechanisms will be free from material defects in design and workmanship on delivery and for a period of 1 year thereafter

Shutter Hardware
Shutter hardware be free from material defects in design and workmanship on delivery and for a period of 1 year thereafter
Stainless steel hardware will be free from material defects in design and workmanship on delivery and for a period of 3 years thereafter

Portchester (security) Shutters
Will be free from material defects in design and workmanship on delivery and for a period of 5 years thereafter for interior fit and 3 years thereafter for exterior fit

Blinds
Will be free from material defects in design and workmanship on delivery and for a period of 2 years thereafter.

Due to our shutters being made from natural materials, there may be natural variations in colour, grain and texture and as such may show the grain or substrate through the final finish. We are not therefore able to guarantee exact matches to samples, nor are we able to guarantee exact matches on subsequent orders.

• Awnings Awnings are not subject to the enhanced Shuttercraft 10 Year Warranty but we offer the following warranties with regard to awning: (a) Components will be free from material defects in design and workmanship on delivery and for a period of 5 years thereafter. (b) Cords will be free from material defects in design and workmanship on delivery and for a period of 3 years thereafter. (c) Fabric will be free from material defects in design and workmanship on delivery and for a period of 3 years thereafter.
• Due to our shutters being made from natural materials, there may be natural variations in colour, grain and texture and as such may show the grain or substrate through the final finish. We are not therefore able to guarantee exact matches to samples, nor are we able to guarantee exact matches on subsequent orders.
• Minor blemishes where the grain or substrate is only visible at a distance of less than 2m will be regarded as natural variations in the grain or substrate and will not be accepted as a defect.
• Minor colour imperfections not readily apparent at a distance of 1m under ordinary light will not be accepted as a defect.
• In addition we will have no liability to you if: (i) You fail to notify us about a defect as soon as practical. (ii) You fail to follow our instructions or recommendations as to the use of the products. For example: Shutters fitted in bathrooms, kitchens or other rooms, which are subject to high moisture levels, or direct water contact, are not guaranteed unless it is our Java waterproof product. This exclusion includes rain damage. (iii)You make use of the products in abnormal or unfavourable conditions or make attempts to make any alterations or repairs not authorised by us.
• All Shuttercraft Warranty visits are subject to a £75 call out charge which will be fully refundable if the repair or replacement is covered by the scope of The Shuttercraft Warranty

9. Our rights to end the contract

9.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us access to your premises to install the products;
(c) you refuse to have appropriate mandatory safety devices fitted to looped blind cords that form part of any products we are installing. In such circumstances we will not install the products but you will remain liable for the full cost of products made to your specifications. We consider this clause to be reasonable given our obligations under the statutory regulations that govern the supply and installation of such products.

9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 8.1, we reserve the right to seek reasonable compensation for any costs we will incur as a result of your breaking the contract

9.3 We may withdraw items from our product range.
We may write to you to let you know that we are going to stop providing any of the items in our product range. We will let you know as soon as practical in advance of our stopping the supply of an item from our product range and will refund any sums you have paid in advance for products which cannot be provided for this reason.

10. If there is a problem with the product

10.1 How to tell us about problems.
If you have any questions or complaints about our products, please contact us. You can telephone our customer service team or write to us at via the contact details on our webpage.

10.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
a) Up to 30 days: if your item is faulty, then you can get a refund.
b) Up to six months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time upfront, it must be carried out within a reasonable time.

11. Price and payment

11.1 Where to find the price for the product.
The price of the products (which includes VAT) will be the price indicated on our quotation. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the products you order.

11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong?
 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

11.4 When you must pay a deposit and the balance of the price for the supply and installation of our products.

(a) you must pay a deposit in the amount set out on the written quotation for the supply and installation of the products.
(b) you must pay the balance due for the supply of the products and the price of the installation services in line with our current payment terms.

11.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of BarclaysBank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12 Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

12.3 When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

12.4 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information. 
We will only use your personal information as set out in our Privacy Policy.  You can find our Privacy Policy on our website: https://www.shuttercraft.co.uk/privacy-policy/

14. Other important terms

14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.

14.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred, to provide reasonable evidence that they are now the owner of the relevant products.

14.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings?
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.