Terms and Conditions
These are the terms and conditions of sale of Mcgrath's Blinds & Curtains Ltd T/A Emerald Blinds & Curtains
We may change these terms from time to time. Please check them before you make another purchase.
1.1 In these Conditions:
1.1.1 "Contract" means the contract, comprising these conditions, for supply of Goods;
1.1.2 "Consumer" means any customer who is purchasing outside the course of his or her business or trade;
1.1.3 "Order" means the order through the relevant page on the Website by you for the Goods accepted by us in our Order Confirmation;
1.1.4 "Order Confiirmation" means our email to you confirming the Order;
1.1.5 "you" / "your" mean the Consumer submitting an order for Goods
1.1.6 "Goods" means the blinds, window furnishings or other products to be supplied by us as noted in the Order;
1.1.7 "we"/"us"/"our" mean Emerald Blinds & Curtains ltd, a company registered in England and Wales with number 7755851, registered office Suite C1, Conway House, Ackhurst Park, Chorley, PR7 1NY
1.1.8 "Website" means www.emeraldblindsandcurtains.co.uk
1.2 These Conditions:
1.2.1 I will apply to all your purchases of Goods from us through the Websites;
1.2.2 may only be changed in a document signed by one of our directors; and
1.2.3 form the entire understanding between you and us and supersede any prior promises, representations (unless frauduent) or undertakings.
1.3 Any omission or error on the Website, in any sales literature, order form, quotation, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
1.4 By accepting the Contract you are confirming that you are a Consumer.
1.5 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
2 Your Order for the Goods
2.1 The Order shall be as set out in our Order Confirmation. The Contract for the purchase by you and sale by us of the Goods shall be formed upon the later of the time upon which we send our Order Confirmation or the receipt by us of payment in full from you for the Goods. Once the Contract has been formed with you we will file it in electronic or paper copy for our records.
2.2 We regret that we cannot accept Orders for Goods to be delivered to addresses outside of the United Kingdom or Ireland. We may terminate any Contract without liability to you where the delivery address is outside the United Kingdom or Ireland.
2.3 As the Goods which you order are manufactured according to the measurements you provide in your Order it is very important that your measurements are accurate. We cannot accept the return of the Goods by reason of the measurements provided being incorrect. You are advised to read the Measuring & Fitting Guides on our website.
2.4 In relation to the "Design your own blind" functionality on the Website:
2.4.1 where you have provided any text and/or images to us you warrant to us that you own the copyright in relation to any such text and/or images or have the permission of the copyright owner to use it; and
2.4.2 subject always to condition 4.2, any estimated timescales for delivery of personalised Goods can only be met once the proof (of the design of the Goods required by you) is approved by You. Any delays will result in a delay in delivery.
3 Price and payment
3.1 The price for the Goods is stated on the Order section of the Website. All prices are inclusive of the cost of VAT but are exclusive of the cost of delivery, which cost will be noted on the Order section of the Website and will be charged to you accordingly.
3.2 Payment of the purchase price for the Goods is due before any delivery by us of the Goods.
4 Delivery of the Goods
4.1 We will deliver the Goods to the place noted in the Order.
4.2 Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
4.3 If you breach your obligations set out at in Contract generally, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
5 Warranties for the Goods Subject to conditions 2.3, 5.2, 5.3 and 5.4:
5.1 We warrant that the Goods will be free from defects in material and workmanship for a period of 12 months from delivery of the Goods to You.
5.2 Should any defect in material or workmanship occur within the relevant warranty period (noted in condition 5.1) after the date of delivery of the relevant Goods, we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any mis-use or modification).
5.3 The warranties provided in this condition 5 shall not apply where: the relevant fault or defect has been caused by your misuse, fitting and/or neglect of the Goods or by accidents caused while the Goods are in your possession; and/or in relation to the Goods, the fault or defect was apparent on a reasonable inspection which you did not notify to us within 28 days from delivery or supply by us.
5.4 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.5 We warrant that Goods covered by our extended guarantee will be free from defects in material and workmanship for a period of 24 months from delivery of the Goods to You subject to conditions 2.3, 5.2, 5.3 and 5.4.
6 Limitation of liability
6.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:
6.1.1 any losses which are not foreseeable by both parties when the Contract is formed arising in connection with the supply of Goods or their use by you;
6.1.2 any losses which are not caused by any breach by us;
6.1.3 business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of business and loss of reputation); or
6.1.4 any failure by you to give us correct measurements for the Goods (see condition 2.4 above).
6.2 Subject to condition 6.3, our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
6.3 Nothing in this Contract excludes or limits our liability for:
6.3.1 death or personal injury resulting from our negligence or that of our employees or sub-contractors;
6.3.2 liability for damage to property or injury to persons under the Consumer Protection Act 1987;
6.3.3 fraud; or
6.3.4 any other matter that we cannot by law exclude or restrict.
7 Delay or failure to perform
7.1 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
8.1 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
8.2 Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
8.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
8.4 The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
9 Technical Support
Our customer service team are on hand when it comes to measuring, installing and repairing all types of window blinds. If you have a question regarding measuring, fitting or repairing your blinds please give us a call on 0800 2545050
Emerald Blinds & Curtains