Terms and Conditions

WEBSITE TERMS AND CONDITIONS for www.sunviewblinds.co.uk

1. GENERAL
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;
1.1.3 ”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 Confirmation” 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 sunviewblinds;
1.1.8 ”Website” means www.sunviewblinds.co.uk.
1.2 These conditions:
1.2.1 will apply to all your purchases of Goods from us through the Website;
1.2.2 form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 Any omission or error on the Website, in any sales literature, order form, quotation, price list, order acknowledgement, despatch 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. WEB SITE ACCESS
2.1 It is not necessary to set up an account with us in order to use most parts of this Website. [However, particular areas of this Website will only be accessible only if you have set up an account.]

3. USE OF WEBSITE
3.1 This Website may be used for your own private purposes and in accordance with these terms of use.
3.2 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.

4. SITE UPTIME
4.1 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
4.2 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

5. VISITOR PROVIDED MATERIAL
5.1 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
5.2 When using this website you shall not post or send to or from this Website any material:

  • (a) for which you have not obtained all necessary consents;
  • (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
  • (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

5.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.2.]

6. LINKS TO AND FROM OTHER WEBSITES
6.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
6.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

  • (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  • (b) you do not misrepresent your relationship with this website; and
  • (c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

6.3 By linking to this Website you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

7. YOUR ORDER FOR THE GOODS
7.1 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.
7.2 We regret that we cannot accept Orders for Goods to be delivered to addresses outside of the United Kingdom. We may terminate any Contract without liability to you where the delivery address is outside the United Kingdom.
7.3 In placing your Order, you confirm that you understand the child safety options for the various blind types available and that you have chosen one which is appropriate for the window you intend to cover. It is clear that certain blind types require a minimum fitting height and if you order such a blind you confirm that your window conforms with these requirements. We will send full fitting and operating instructions with your Order to ensure its compliance with child safety regulations and you acknowledge that it is your responsibility to fit in accordance with these instructions.
7.4 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 call our enquiry line on 0800 5200 220 or contact us by email on info@sunview.co.uk if you would like guidance on how to take the required measurements accurately.

8. PRICE AND PAYMENT
8.1 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.
8.2 Payment of the purchase price for the Goods is due before any delivery by us of the Goods.

9. DELIVERY OF THE GOODS
9.1 We will deliver the Goods to the place noted in the Order.
9.2 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.
9.3 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.

10. WARRANTIES FOR THE GOODS SUBJECT TO CONDITIONS 7.3, 10.2, 10.3 and 10.4:
10.1 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.
10.2 Should any defect in material or workmanship occur within the relevant warranty period (noted in condition 10.1) 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).
10.3 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.
10.4 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.

11. LIMITATION OF LIABILITY
11.1 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:
11.2 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;
11.3 any losses which are not caused by any breach by us;
11.4 business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of business and loss of reputation); or
11.5 any failure by you to give us correct measurements for the Goods (see condition 7.4 above).
11.6 Subject to condition 11.7, our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
11.7 Nothing in this Contract excludes or limits our liability for:
11.8 death or personal injury resulting from our negligence or that of our employees or sub-contractors;
11.9 liability for damage to property or injury to persons under the Consumer Protection Act 1987;
11.91 fraud; or
11.92 any other matter that we cannot by law exclude or restrict.

12. DELAY OR FAILURE TO PERFORM
12.1 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.

13. LIABILITY
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 Any communication to Sunview should be addressed to Customer Services, Sunview Blinds, 35 Dovedale Avenue, Sutton-In-Ashfield, Nottinghamshire, NG17 1DX.

LAW AND JURISDICTION
These terms of use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

OUR DETAILS
Sunview Blinds
35 Dovedale Avenue, Sutton-in-Ashfield, Nottinghamshire, NG17 1DX
info@sunview.co.uk
0800 5200 220