The Parties
1.These are the terms and conditions on which I, Jo Sheldon Design, supply goods and/or services (“the Order”) to you.
2.You can contact me by:
a.telephoning me on 07969 845911;
b.by writing to me at josheldondesign@hotmail.co.uk; or
c.via my website at www.josheldondesign.co.uk
The Process
3.Following our initial discussions and/or meeting, I will provide a written Quote (including specifications and details) for an Order by you that is valid for a period of 6 months from the date of issue. I may extend this period at my sole discretion.
4.Once you decide to accept the Quote, I will provide an invoice for 50% of the Quote price.
5.Your payment of 50% of the Quote price constitutes an offer by you to purchase services and/or goods from me in accordance with these terms and conditions.
6.The Order shall be deemed accepted when I provide written acceptance of the Order (email will suffice).
7.By entering into an Order with me you warrant that you have the right to contract with me to supply the Products at the property where it is/they are to be delivered, provided and/or installed.
8.If ou wish to make changes to the Order once placed, please contact me. I will let you know if the change is possible and how any changes may affect the price of the Order, the timing to the supply or anything else that may be necessary as the result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9.Once your Order has been accepted, the Order will take me a reasonable period of time to complete. I will try give you an indication of how long it will take me to fulfil the Order although this is a guide only and there is no guarantee that I will be able to complete the Order by this date.
10.Relevant laws, legislative and regulatory requirements have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These laws, legislation and regulations make it mandatory that all blinds should be fitted with appropriate safety devices, which will be fitted as part of the Order.
Supply of Third-Party Goods
11.To the extent that I am supplying any third-party goods including fabric, curtain poles or any other goods to you (“the Third-Party Goods”) from external suppliers, I will use all reasonable endeavours to supply the Goods as set out in the Quote.
12.In circumstances where it is not possible to supply the Goods in line with the Quotation (for example, if a fabric is out of stock or a curtain pole has been discontinued etc.). In this event, I shall notify you and either:
a.we shall mutually decide on an alternative product in which case the alternative produce will be deemed to have replaced the original product under the Order. If there is an increase in price between the original product and the alternative product, I shall provide you with an invoice for the difference to be paid in 7 working days. Any late payment of this invoice may result in delays to your Order; or
b.I will refund you any monies you have already paid towards the Goods within 14 working days and they will be removed from the Order.
Warranty
13.I warrant that on delivery and for a period of six (6) months from the date of delivery (“Warranty Period”), the Goods shall:
a.Conform in all material respects with their description; and
b.Be free from material defects in design, material and workmanship; and
c.Be of a satisfactory quality; and
d.Be fit for purpose.
14.Subject to paragraph 15, if:
a.You give notice to me during the Warranty Period within a reasonable time of discovery that some or all of the Order do not comply with the warranty set out in paragraph 13; and
b.You give me a reasonable opportunity of examining the Order
I will, at my option, repair or replace the defective parts of the Order, or refund the price of the defective Order in full.
15.I will not be liable for an Order’s failure to comply with the warranty set out in paragraph 13 in any of the following events:
a.The defect arises because you failed to follow my oral or written instructions as to installation, use and maintenance of the goods.
b.During our initial discussions and/or meeting I will advise you as to the most suitable products (for example fabric type, styles, cost etc.) to meet your requirements. Any final decision on what you order from me is up to you. I do not accept any liability for the finished product including but not limited to fitness for purpose, freedom from defects, and that the goods are of a satisfactory quality if you do not follow my recommendations and the warranty provided in paragraph 13 will not apply to that part of the Order.
c.You alter or repair the Order without my written consent.
Delivery
16.Once I have completed the Order, I will contact you to arrange a convenient time and date for me to deliver the Order to your property or to another mutually agreed location.
17.Once delivered to your home or other mutually convenient location, the Order becomes your responsibility, subject to clauses 14-16 above.
18.I do not accept any liability whatsoever for any third-party installation services provided in order to install and/or fit the Order. For the avoidance of doubt, this includes where I have introduced and organised installation with a third-party installer on your behalf.
19.Upon delivery or as soon as reasonably possible afterwards I will provide you with an invoice for the remaining 50% of the Order value.
20.All invoices are payable within five (5) working days.
21.I reserve the right to charge interest for the late payment of invoices if you fail to make the payment within five (5) working days on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this paragraph 22 will accrue each day at 4% a year above the Bank of England base rate.
Limitation of Liability
22.Total legal liability arising under or in connection with the Order, including liability in contract, tort (including negligence), representation, misrepresentation, restitution or otherwise, shall not exceed the value of the Order.
23.Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including but not limited to liability for:
a.Death or personal injury caused by negligence; and
b.Fraud or fraudulent misrepresentation.
Entire Agreement
24.These Terms and Conditions constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, misrepresentations and understandings between us, whether written, oral or implied, in relation to the subject matter of these Terms and Conditions
Governing Law and Jurisdiction
25.These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and Wales.
26.Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Order or its subject matter or formation.
