TERMS AND CONDITIONS
Please ensure that you read these Terms carefully and check that the details on your Order Form are
complete and accurate, before signing (if applicable). If you think that there is a mistake, please contact
us immediately. Where reasonably practicable we will confirm any changes in writing to avoid
any confusion between you and us.
DEFINITIONS
‘Terms’ means these terms and conditions which apply to all goods and services you order from us.
‘Contract’ means a binding contract for the supply of Goods and/or Installation formed in accordance
with these Terms.
‘Event Outside Our Control’ means any act or event beyond our reasonable control.
‘Goods’ refers to any products supplied or installed by us in connection with your Order. ‘Installation/Install/Installed’ means the fitting of Goods by us.
‘Order’ means the Contract made by you for the supply of Goods and/or Installation by us on an Order Form, or otherwise, in accordance with these Terms.
‘Order Costs’ means the costs incurred by us in connection with your Order including, but not limited to, costs incurred in manufacturing and/or purchasing the Goods, or other goods or materials used in their manufacture, or of Installing Goods, up to the date any Order is cancelled.
‘Order Form’ means our standard order form setting out the details of your order for Goods and/or Installation signed by you. This could be either paper-based or electronic.
‘Price’ means the price of Goods and/or Installation and any applicable delivery and/or packaging charges set out in the Contract. Our prices may change at any time, but any price changes will not affect any Order(s) you have placed prior to such price changes.
‘You/your’ means the person ordering Goods and or Installation from us.
‘We/us/our’ means Deborah Edwards or any other company that we are suppliers for.
All goods sold by Deborah Edwards are subject to the following conditions:
OWNERSHIP OF GOODS AND DELIVERY
Please note that timescale for delivery and delivery charges will vary depending upon the availability of Goods and the location of the property to which Goods are to be delivered. We aim to deliver your Goods to the delivery address stated on the Order Form.
Any time or date quoted by us for the delivery or collection of Goods and/or Installation is an estimate only and we will not be liable for any failure to meet any such estimate nor for any loss, whether financial or otherwise, resulting directly or indirectly therefrom.
Delivery of an Order for Goods only shall be completed when we deliver the Goods to the address you gave us. An Order for Installation shall be completed when we have completed such Installation in accordance with the Order.
Responsibility of the Goods will pass to you once they have been delivered to you. However, you will own the Goods once we have received payment in full for them and, where applicable, their Installation.
Payment for Goods should be made to us at the point of Order, unless otherwise agreed. Any balances must be paid prior to delivery.
Goods sold by us shall remain our absolute property until payment is received of all amounts invoiced by us to you in the circumstances defined in this condition. We retain the right to repossess our property if payment is not received.
If more than one item is ordered we may deliver the Goods in instalments. If you ask us to deliver the Goods to you in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate Contract governed by these Terms. If we are late delivering an instalment or one instalment is defective that will not have any bearing on your contractual obligations concerning other instalments.
If agreed that you may collect Goods from our premises, you may do so during normal opening hours. Responsibility for the Goods will pass to you upon such collection.
RISK/GUARANTEE
Goods are to be examined by you on arrival and, after effective delivery, Deborah Edwards can accept no responsibility for damage caused by careless handling, storage or through incorrect fitting.
We guarantee, where reasonable, that all goods sold to you will be free from material defects for the relevant guarantee period.
As a consumer you have legal rights in relation to goods that are defective or not as described in addition to the above guarantee. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms will affect those legal rights.
The guarantee given does not apply to any defect in the goods arising from fair wear and tear, wilful damage and / or misuse, abnormal storage or working conditions, accident, negligence by you or any third party, failure to use the goods in accordance with the instructions, any unauthorised alterations or repairs or any specification or measurements provided by you.
Any alterations made by you to the goods shall invalidate this guarantee. All goods replaced under the terms of this guarantee shall benefit from the remainder of the guarantee period. Fading to fabric and paint based products will inevitably occur due to fair wear and tear but performance of the product is unimpaired and fading should not be construed as a defect in any way.
If a defect arises in the goods within the guarantee period we will arrange:
• for the defective goods to be collected from you in order to repair the goods and return the repaired goods to you free of charge,
• if the defective goods cannot be repaired we will deliver replacement goods of similar quality and specification free of charge.
If the goods are not defective, or the guarantee is found not to apply, you will be responsible for the payment of our reasonable 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 will deliver an invoice to you for any such charges which will be payable within 14 days of receipt. We will not be obliged to supply or install any such repaired or replacement goods until such invoice has been paid in full.
All installations are guaranteed for a period of 12 months unless:
• we need to customise goods beyond the manufacturer’s original specification,
• the fittings you require or request do not support the weight of the goods,
• someone who is not authorised by us has removed or refitted the goods.
Before commencing installation, we use our knowledge of good building practice to decide if we should fit into a particular area. It is up to you to tell us if you know of any cables or pipes hidden in the wall and we will not be held responsible for striking or damaging such fittings.
EVENT OUTSIDE OUR CONTROL
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
• we will contact you as soon as reasonably possible to notify you,
• our obligations will be suspended and the time to complete such obligations will be extended for the duration of the event,
• where such an event affects our delivery of goods to you or installation, we will arrange a new date with you after the event is over.
You may cancel the contract if any Event Outside Our Control takes place and you no longer wish us to provide the goods and/or installation. If you exercise this right to cancel you will be responsible for any Order Costs incurred, unless otherwise agreed between you and us. We retain the right to cancel the contract if the Event Outside Our Control continues for longer than 90 days.
CANCELLATION BY YOU
Cancellation will only be accepted if application is received in writing within 48 hours of the date of the Order. In case of cancellation we reserve the right to claim compensation for delivery and / or collections and expenses incurred. Late delivery, however caused, will not be considered grounds for cancellation or compensation.
CANCELLING OR VARYING A CONTRACT FOR BLINDS / SHUTTERS
The Goods we will be supplying to you are made to measure and as such are exempt from the right to cancel. If we do agree to cancel or vary the Contract, you will be required to pay for all associated costs plus any loss of profit, but no more than the original price. Any payment towards the Contract previously taken by us will be retained in the event of such cancellation and offset against our Order Costs and loss of profit, unless otherwise agreed.
CANCELLATION BY US
We reserve the right to cancel the Contract or decline your order: -
• if we (or our suppliers) have insufficient stock of any fabric or product required to manufacture, supply or install the goods you have ordered,
• if any of the Goods or Installation in your order was 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 we are unable to fulfil the Contract or Order because of an Event Outside Our Control,
• if you break the Contract in any material way and you do not fix the situation within seven days of us asking you to do so in writing. If a contract is cancelled by us in accordance with this clause any payment made to us relating to your order will be retained by us unless otherwise agreed at our discretion.
Where appropriate, before cancelling your Order we will make reasonable efforts to source and offer you suitable alternative Goods of a similar style and quality, but you are not obliged to accept them.
If we do cancel your Order we will notify you as soon as possible and will credit to you any payment already made to us relating to you order to the extent that Order remains unfulfilled. We will not be obliged to compensate you for any disappointment you may suffer as a result of our cancellation of your Order.
INSTALLATION
If your Order includes installation we will have to make certain assumptions when we quote you a price. These are that:
• there is unobstructed access to free parking for a small van immediately outside the property where the goods are to be Installed,
• the immediate area of the Installation is unobstructed and of standard construction with no cables or pipes under the surface,
• the walls, ceilings or wood into which we need to attach hanging apparatus are in a condition that allows us easily to obtain good fixings,
• you have removed all ornaments, appliances and other objects in the immediate working area,
• none of the areas or items into which we are Installing the Goods have any warranties or guarantees that will be invalidated by the installation.
If these assumptions are not met or if you have and doubts, you must let us know at the point of Order. If you do not, we are permitted to make an additional charge if further work, time, costs or materials are required to complete the Installation, which will be added to the price.
Any warranties you may have on third party products may be invalidated. You must tell us about any such warranties in writing before the Installation date.
We will make good any foreseeable damage to your property wrongly caused by us in the course of the Installation. However, we are not responsible for the cost of repairing any pre-existing defects or damage to your property which is discovered during the Installation.
We will make every effort to complete installation on time. However, there may be delays due to an Event Outside Our Control.
In the unlikely event that there is any defect with the Installation you should contact us as soon as possible. You are required to give us a reasonable opportunity to repair or fix any defect, which we will do as soon as is reasonably practicable.
NATURAL PRODUCTS
Natural products, such as marble, porcelain and limestone, are inherently unsound, varying from slight veining to open venting. All are sold subject to their natural defects, stopped and filled as necessary and customary. Tiles are subject to natural crazing.
OTHER IMPORTANT TERMS
If any of these terms are unenforceable the enforceability of any other parts of these terms will not be affected.
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 you do not have to comply with those obligations. If we do waive default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.
We will only use any information you give us in relation to your Order for the purposes of processing the Order, providing the Goods and/or Installation for you and to inform you of similar products or services that we provide. Please let us know if you would rather not receive such marketing correspondence.
We reserve the right to change these Terms to reflect changes in the relevant laws and regulatory requirements. If we have to revise these Terms, we will give you at least four weeks written notice of any changes before they can take effect. In such circumstances you can choose to cancel the Contract within seven days of receiving such notice in accordance with these Terms but you will be obliged to pay us any Order Costs we have incurred.
We may transfer our rights and obligations under these Terms to another organisation; we will always notify you in writing if this happens. This will not affect your rights or obligations under these Terms.
This Contract is between you and us. Except where we have transferred our rights and obligations, no other person shall have any rights to enforce any of its terms.
Nothing in these terms excludes or limits our liability for causing death or personal injury.
Nothing in these terms affects your statutory rights.
WASTE REMOVAL
Please note we do not remove any waste. It is the homeowner’s responsibility to dispose of all packaging.
Deborah Edwards, 112 Whitchurch Road, CARDIFF. CF14 3LY