Terms and Conditions
All information on this web site is provided in good faith and for general information purposes only and Gails Blinds (`we` or `us`) will use its reasonable endeavours to ensure that the said information is accurate. This web site is provided on an `as is` basis without any representation or endorsement made and Gails Blinds makes no warranties of any kind, whether express or implied, in relation to this web site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security,or any implied warranty arising from your access to, use of, reliance on or otherwise of this web site. Gails Blinds shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this web site. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this web site by unauthorised third parties.
In addition, Gails Blinds shall not be liable for any damages to, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web
Some jurisdictions may not permit all or any of the limitations of warranties and damages contained in this legal notice, in which case some or all of the above exclusions may not apply to you.
The material on this web site is protected by copyright and all copyright,
trademarks and all other intellectual property rights in all material or content contained within this web site shall remain at all times the property of Gails Blinds or of their licensors respectively.
You may only reproduce material and/or content of this web site for your own personal non-commercial use. Unauthorised copying, reproduction, transmission,publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited.
For your convenience, we may provide links to other web sites or resources. This website contains links to other web sites which are hosted and maintained by third parties. We have no control over the content or security of any such web site therefore, you link to such web sites at your own risk. We make no representations regarding the content of any such web site and will not be liable for any loss or damage which may arise from the use of such third party web sites.
All electronic links to this web site require the consent of Gails Blinds.
To assist your navigation of this web site and our prevention of fraud we may send cookies" from this web site to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server. Furthermore computer viruses are not passed through the use of "cookies". You may choose to disallow "cookies" via your browser but this web site may not work properly as a result.
This notice may be amended by Gails Blinds from time to time without
1.1 In these conditions: ; “Contract” means the contract, comprising these
conditions, for supply of Goods and Services; “Consumer”means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order (on the attached form) by you for the Goods and Services accepted by us; “you”/“your” means the Consumer submitting an order for Goods and Services; “Goods” means the blinds, window furnishings or other products to be supplied by us as noted in the Order; “Services” means the services relating to the installation of the Goods; “we”/“us”/“our” means Gails Blinds Ltd Unit H Britannia House Commercial Road Wolverhampton WV1 3QS
1.2 These conditions: will apply to all your purchases of Goods and Services (as those terms are defined below) from us; may only be changed in a document signed by one of our directors; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 By accepting the Contract you are confirming that you are Consumer. 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 and Services
2.1 The Order shall be detailed on the form attached to these conditions. Once the Order has been completed and signed by you and received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order.)
2.2 Where any Order is purchased on credit terms, we will supply you with the relevant contractual documentation. The Agreement is regulated by the Consumer Credit Act 1974 and you will have certain rights to cancel under that Act. Please see the credit agreement documents for further details.
2.3 By placing the Order you authorise us, at our discretion to carry out credit references or other enquiries of your financial status and you shall provide, upon request, any written authorisation which may be required for the purpose of such enquiries.
2.4 You warrant to us that you: have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and will supply us with such information, rights of access, and mains electricity that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation where you notify us about a problem with the same.
3 Price and payment
3.1 The price for the Goods and Services is stated on the Order. All prices are inclusive of the cost of delivery and VAT if applicable.
Unless credit terms have been agreed with us in writing, payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation (after expiry of the 7 day statutory right to cancel set out at condition 9) or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
3.3 Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law: withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods at any time.
4 Delivery of the Goods and supply of the Services
4.1 We will deliver the Goods and supply the Services 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 become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations and/or the obligations set out at condition 6 under the Contract, 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 supply5 Warranties for the Goods and Services
Subject to conditions 5.3, 5.5 and 5.6:
5.1 We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1 we will, either remedy the defect in question or re-supply the defective Services.
5.3 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.
5.4 Subject to clause 5.6, we offer a warranty of 24 months on blind installed from the date of installation.
5.5 We warrant that, subject to condition 5.6, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 5.4) after the date of delivery and installation 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).
5.6 The warranties provided in this condition 5 shall not apply: in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.
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: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
6.2 Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees or Advisors; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.
7 Delay or failure to perform
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 governmen 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.
No waiver by us of any breach of the Contract by you is considered as waiver of any subsequent breach of the same or any other provision.
8.2 Each provision of this Contract shall be construed separately and not withstanding 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.
8.5 Any communication to Gails should be addressed to Customer Services, Gails Blinds Ltd Meadwood Ind Est Bath Street Bilston WV14 0ST
9 Notice of the Right to Cancel
i) You have the right to cancel the Contract by giving Notice IN WRITING at any time within the next 7 days.
ii) This Contract is with Gails Blinds Ltd Meadwood Ind Est Bath Street Bilston WV14 0ST
iii) You may exercise your right to cancel the Contract as provided for by clause 9(i) above, by delivering, or sending (including by electronic mail) to;
Customer Services, Gails Blinds Ltd Meadwood Ind Est Bath Street Bilston WV14 0ST
at any time within the period of 7 days starting with the date of this Notice.
iv) The Notice of Cancellation is deemed to be served as soon as it is posted or sent to us at the address in clause 9(iii) above, or in the case of electronic communication, from the day it is sent to us.
v) Any related Credit Agreement will automatically be cancelled if you cancel this Contract.
vi) Gails blinds are all “Made-to-Measure” and, in accordance with Trading Standards Rules for bespoke products, customers are liable for all costs incurred by Gails Blinds arranging manufacture of the blinds ordered up until the point of cancellation. Customers will be notified of this amount upon Gails Blinds receiving confirmation of the cancelled customer contract.
Gails Blinds Ltd Meadwood Ind Est Bath Street Bilston WV14 0ST