Terms & Conditions for Luna Blinds Nottingham

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Here in lies the terms & conditions set out by Luna Blinds Ltd for any current offers or discounts given to the public for residential sales. All terms & conditions must be followed in order for any discounts or offers to provided to customers at the discretion of the ltd company. For further information or specific information regarding any current offer or discount, please email the company directly using info@lunablinds.co.uk. Discounts and offers can and may be withdrawn at any time and may not necessarily be updated on social media channels or via our website.

Terms & Conditions of Window Blind Sales

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1. Parties
We are Luna Blinds LTD, 7 Pottery Court, Pottery Way, Bulwell, Nottingham, NG6 8YN. Our VAT Registration Number is 339172980. Luna Blinds Limited is a company registered in England & Wales and our company registration number is 11988068. The customer can contact us by email at info@lunablinds.co.uk or by telephone on 01158700433.
Our Terms and Conditions of Supply and Fitting Goods are ruled by the requirements of the Consumer Rights Act (CRA) 2015, The Child safety requirements BS EN 13120:2009+41:2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.

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2. Contract
The contract and the conditions of contract incorporate all the items of the contract and no representatives, warranties, statements or undertakings whether oral or in writing shall form part of the contract and no purported variations of the conditions shall have any legal effect unless they shall be in writing and signed by the Director of the Company and attached hereto. The Customer agrees to purchase and have installed and the Company agrees to supply and install the units and materials as specified in the form or order. The Customer hereby acknowledges that the items specified in the order have been checked by themselves and hereby acknowledges that the order is correct. No work shall be done or goods supplied by the Company other than specified in the order unless previously stated by the Company in writing. No alterations can be accepted once the Customer has accepted the design.
If the customer places an order with one of our salespeople (either at our premises or elsewhere), the contract will be made when the customer has paid their deposit. If the customer orders remotely via email or via telephone, once a deposit has been taken against the customer order it will be considered that these terms & conditions will apply.

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3. Goods
The goods the customer receives from us must be; of satisfactory quality, fit for common purpose or any purpose made known to us, and must meet any description given by the company. Please note that the images of the products we supply in our sales literature or online are for illustration purposes only and we cannot guarantee that these printed/computer displayed images will reflect the colour of the goods accurately. Our packaging may also vary.

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4. Services
If we agree to carry out a service for the customer including but not limited to survey and installation of all window blind coverings, we will ensure that this is carried out using reasonable care and skill.

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5. Guarantee / Warranty
All standard blinds are provided with a manufacturer warranty of 12 months with our specialist shaped products having a manufacturer warranty of 36 months. All guarantees are given in good faith. However if it is deemed after a visit from a company representative that our product has been misused, tampered or damaged in any way etc, we will render the guarantee null and void. Any repairs to the blinds will then be subject to a pre-agreed fee for the works. Our warranty may vary if blinds are exposed to extreme elements or conditions such as excessive heat, rain or moisture.

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6. Child Safety
If the goods contain any safety device(s) and/or are to be fitted in accordance with child safety requirements placing an obligation on all businesses to supply and professionally install safe products, then we will be required to fit such device(s).

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7. Measurements

If the customer is providing the customer's own measurements, ensure they are correct and accurate as we cannot accept the return of made-to-measure goods on the basis that the measurements were incorrectly supplied by the customer. Any measurements taken by representatives of Luna Blinds remain our property and will not be provided for the customer until the order is completed and balance paid in full.

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8. Installation
The price for installation was agreed on the assumption that; there is going to be one continuous site visit. there is unobstructed access to outside the customer property for vehicle parking, the area where the goods are to be fitted is unobstructed, surfaces and grounds the goods are to be fixed to are in a good condition allowing us to easily obtain good fixings and with no objects in the immediate working area, there is no asbestos that we would be likely to come into contact with, and that no items under warranties/guarantees will be invalidated by the installation. We can not be held responsible for any loss or damage to the customer’s property that is not foreseeable, for the cost of repairing any pre-existing faults or for any damage that occurs whilst undertaking the installation. We will not be responsible for carrying out any building work, moving any furniture, clearing access or invalidation of any warranties the customer does not tell us about in writing before the customer makes the order.

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9. Price
The price for goods/services is set out in full in the order form and includes VAT. Payments are to be paid as indicated in the order form or discussed with our company representative. Any deposit paid by the customer will be deducted from the final payment. A minimum deposit of 50% of the full contract value is payable upon order with the remaining 50% balance to be paid on completion of the installation. On some occasions the company may request the 50% balance when booking your installation or 24 hours prior to your installation, if this is requested and isn't paid, the customer's installation may not go ahead.

In the unlikely event that goods supplied are faulty or damaged, any other items supplied at the time that are installed must be paid in full.

Where replacement goods are provided, the outstanding balance must be paid once these are installed.

If under the unlikely circumstances that the customer has requested a replacement product and later refuses the replacement product, the outstanding balance must be paid in full as we will have then deemed the product to be of satisfactory quality.

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10. Delivery
The cost of delivery and installation (where applicable) are included in the price. If the customer has asked to collect the goods from our premises, the customer can do so during our opening hours when we notify the customer that the goods are ready. If the customer wishes to delay the installation past reasonable time frames, we may ask for the balance to be paid in full prior to installation. If despite our reasonable efforts we are unable to contact the customer to arrange fitting within a reasonable time, we may end the contract and the customer will still be liable to pay us the price due under the contract.

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11. Delay Outside of our Control
If delivery or installation is delayed by an event outside our control, we will contact the customer as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, as long as the goods are still supplied within a reasonable length of time. Delays outside of our control will not entitle the customer to any discounts or refunds.

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12. The Customers Right to Cancel
The customer may cancel a contract if we have advised on a pricing error or error with a description of the goods and the customer does not wish to proceed, if there is a risk that supply may be significantly delayed past expected lead times. This will vary based on the product ordered and may vary based on events outside of our control. If an item is believed to be completely unfit for purpose and we are unable to provide a resolution such as repair, replacement etc.

The customer may not cancel a contract if they have changed their mind on a product or have made a mistake with their chosen product, product colour or any other feature of the product after the sale has been agreed. The company will also not provide a replacement product free of charge should this happen and the customer will need to pay their balance in full for the original chosen product and payment in full for their new product.

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13. Our Right to Cancel
We may end the contract at any time in writing to the customer (including email) if payment due to us was still not made within 7 days of us reminding the customer it is due. the customer will then be in breach of the contract and still liable to pay us the price due under the contract. If the customer order is accepted and processed and we find a pricing error, we reserve the right to terminate the contract and refund any sum
of money the customer has paid to us.

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14. Liability
If we fail to comply with these terms, we are responsible for loss or damage that the customer suffers that is a foreseeable result of our breaking the contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, unless due to our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the customer placed the order, both we and the customer knew it might happen, e.g. if the customer discussed it with us before placing the customer order.

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15. Third Parties
The contract is between the customer and us. No other person shall have any rights to enforce any of its terms.

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16. Complaints
The customer should inspect the goods and any installation work either immediately after the installation or no later than 48 hours after the installation and contact us if the customer believes there is a problem. The customer can phone us, email us or write to us using our contact details above to inform us of any issues; we will respond to the customer complaint as soon as possible. In the event that we are unable to resolve the matter to the customer's satisfaction. The customer may refer the complaint to the British Blind and Shutter Association’s Mediation Service if the customer is seeking rectification only or alternatively through Small Claims Court. Please note that any complaints as a result of manufacturing issues will be resolved with either a repair or replacement service and may require multiple site visits. We will not provide any discount of refunds along with this service unless we are unable to complete a repair or replacement.

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17. Ownership & Responsibility for Goods
The goods supplied/installed by us will become the customer property once we have received payment for them in full. The goods become the customer responsibility from the time they are delivered to the address the customer gave us. the customer collected the goods from us, or the time we passed the goods to any third party organised by the customer.

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18. Rights of Entrance
The customer will agree to waiver any rights to refuse entrance to his/her property for the recovery of the goods supplied or supplied and installed by the Company or by the Company’s representatives if goods are not paid for in full.

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19. Legality
English law governs the contract although the customer can bring proceedings in England, Scotland, Wales or Northern Ireland if the customer lives in those countries.

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20. Photography & Videography
The customer agrees that the company may use any photography for publicity purposes which include but are not limited to the company’s
website and social media and advertising.

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Terms & Conditions of Shutter Sales

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1. General

1.1 In these terms and conditions, the “Company” means Luna Blinds LTD and the “customer” and the “shutters” are as described on the Company’s “Order” form.

A ‘working day’ means Monday to Friday inclusive, but excluding bank holidays.

1.2 Nothing in these Conditions can be established to exclude or limit the liability of the Company for breach of warranty as to title possession implied by the Sales of Goods Act 1979. Such an Act applies to the contract for the sale and purchase incorporating these Conditions.

1.3 Nothing contained in these Conditions can be constructed to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s employee’s fraudulent misrepresentation or negligent actions.

1.4 The customer has the right to cancel the Order and obtain a refund of the initial payment within 24 hours of the date on which the contract was signed. The onus is on the customer to provide proof of cancellation within the prescribed period by giving a written notice of cancellation to the Company. To make a cancellation it is recommended that a Notice of Cancellation be sent via email to info@lunablinds.co.uk or via Recorded Delivery to 7 Pottery Court, Pottery Way, Bulwell, Nottingham, NG6 8YN. The customer cannot cancel the order following the 24 hour cooling off period or if this has been waived at point of sale.

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2. Price and Payment

2.1 The price (exclusive of VAT, if applicable, carriage, freight, postage or insurance costs) for the Goods shall be the price as stated on the list maintained by the Seller from time to time, or other such price as the parties may agree in writing.

2.2 All prices referred to by the Company on any quotations are only valid for fourteen days.

2.3 The price for the Shutters shall be the price as stated on the list maintained by the Company.

2.4 Any cancellations by the customer after paying a deposit will result in the deposit being non-refundable. Shutters which have been custom made and/or in storage at our premises are not refundable by the Company if the customer wants to cancel.

2.5 The price of the shutters will be payable in two instalments:

- 50% of the total price is payable on placing the order;

- 50% is payable on arranging the shutter installation.

Failure to pay the balance prior to installation will delay the installation of your shutters.

2.5.1 The 50% installation payment must be paid via card, cash or BACs no less than 24 hours prior to installation. The Company will not accept a personal cheque.

2.6 The customer may place their order at the time of survey by signing the survey documentation. If ordering remotely via email or phone, by paying the deposit payment you will agree to have entered into the contract without requirement for signature.

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3. Survey

3.1 The Company requires certain co-operation and assistance from the customer in order to carry out its survey of the customer’s premises and subsequently the installation of the shutters.

3.2 The customer must not change any features of his premises, as confirmed on the Order. If there is any change, the Company may be unable to carry out the installation, or may incur additional costs in carrying it out. Any additional costs incurred as a result of such change will be added to the contract price and paid for by the customer.

3.3 The customer is responsible at the time of both survey and installation for providing access to the relevant site and a reasonable working area cleared of movable furniture, plants, ornaments and so on.

3.4 The customer is also responsible for ensuring that they or the person appointed to act as their representative, is present during the survey and installation to agree final specifications and to provide any other assistance or instructions required by the Company.

3.5 The customer is responsible for obtaining any consents, permissions or approvals which may be needed in connection with the installation.

4. Placing The Order

4.1 Once the customer has placed an Order with the Company, the Company may need to arrange for a technical survey to be carried out. If the survey shows that for any reason the shutters may not be installed, the Company will provide a full explanation.

The Company will then have the right to cancel the Order, in which case it will refund 100% of the customer’s initial payment. Alternatively, if the survey shows that it is possible for the shutters to be installed, but that the Company’s installation costs will be higher than original Order value, then the Company will explain this to the customer and have the right to increase its price accordingly. The customer then has the option of proceeding with the Order including the increased price, or, to cancel and get a refund.

4.2 The Company will process the customer’s Order as quickly as it reasonably can. However, installation dates given are estimates only and the company will not be liable for not meeting the estimated dates.

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5. Goods

5.1 The shutters will remain the property of the Company until paid for in full and the Company reserves the right to cancel the Order and to repossess the shutters if the by providing 10 working days notice.

5.2 All Shutters shall conform to the specification detailed in the invoice provided by the Company.

5.3 Any Order for shutters sent by the customer to the Company shall be confirmed by means of the Company’s acknowledgment letter and shall be deemed to be accepted subject to the Conditions.

5.4 Each Order for shutters accepted by the Company shall be deemed to be an individually legally binding contract between the parties.

5.5 The Shutters are made from natural material. The Company cannot guarantee precise colour matching against samples provided and some stain and paint finishes may have slight tonal differences. These variations are not a defect on the part of the company. In the event of custom colours, Luna Blinds LTD will not be held responsible if the stain or paint finish is not a 100% match, although every reasonable effort will be made to ensure the accuracy of the finished product.

5.6 Whilst the Company may show sample shutters to the customer for demonstration purposes, the actual specification of the shutters to be supplied/installed by the Company will be as per the final specification agreed with the Company’s representative at the technical survey.

5.7 The Company cannot guarantee the goods against fading, especially as a result of exposure to sunlight where some fading will occur. The goods are not guaranteed against extreme damp or variable conditions and if shutters are deemed to be damaged as a result of this, no replacement or repair service will be offered as part of any warranty of guarantee.

5.8 The Company reserves the right to withdraw any products and colours at any time including after accepting an Order without prior notice and cannot be held responsible for any consequence caused by the withdrawal of such products.

5.9 Tolerance levels of overall panel specifications are plus or minus 2mm, and the product will not be considered defective if falling within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1 mm per 300mm and shall not be considered defective if within this tolerance.

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6. Delivery of Goods

6.1 The Company shall deliver the Shutters to the address (of the customer) shown on the Order. All delivery times are guidance only. Delays may occur due to production and shipping problems which are beyond the Company’s control. Claims for compensation with delays will not be accepted unless stated in writing to a customer at point of sale.

6.2 The customer shall be deemed to have accepted the Shutters upon their delivery.

6.3 In the unlikely event of an unsuccessful fitting due to errors made by the Company then the Company will reorder the necessary parts required and reinstall as quickly as possible. In the event of the company replacing the required parts successfully, no refund or discount will be applied to the order.

6.4 The Company will have no liability for any damage caused to movable objects not removed from the working area.

6.5 The Company will not be liable to the customer if it is forced to postpone an appointment for a survey, a delivery or an installation (even at very short notice) or for any other delay or failure in relation to the supply/installation of the shutters, where the postponement was caused by circumstances beyond the Company’s control, including sickness or injury to any of the Company’s surveyors or installers.

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7. Installation

7.1 Proper installation of the shutters will depend on the structure of the customer’s property being in good condition and of sufficient structural integrity to support the shutters. In surveying the property prior to installation, the Company will use all reasonable care to identify any defects that could affect the installation, but there may be certain hidden defects that cannot be identified. If any hidden defect of this kind becomes apparent during installation of the shutters, the Company may be unable to continue with the installation until the customer has dealt with the defect. If any hidden defect does not become apparent during the installation work (in spite of the Company using all reasonable care to check for them) but subsequently causes any injury or damage (including damage to the shutters themselves) the Company will not be held liable for the injury or damage.

7.2 It is the responsibility of the customer to ensure that any openings which are to be covered and all surrounding areas are free from obstruction (such as ornaments, plant pots, photographs etc) and any soft furnishings (sofas etc) are moved away from the opening or protected with dust sheets. The Company will take the utmost care while installing but will not be held liable or responsible for any damage.

7.3 The Company will take into account any issues regarding the squareness and levels of the surrounding areas where shutters are to be fitted which allow for the speediest and most cost effective installation. This sometimes means there are gaps around shutter frames which are filled with either decorators caulk or silicone. Gaps of up to 10mm may be filled with caulk whereas gaps of more than 10mm may be finished with matching trim. In most cases there is no need for further decorative work after installation but sometimes (eg. Blue shutters fitted to patterned wallpapered surfaces) no filling around frames will take place. Painting over caulk will be the customer’s responsibility and not the Company’s. We also do not guarantee an exact colour match of caulk to either the customer’s walls or to the shutters, this is due to the products not being from the same manufacturers.

7.4 It is the customer’s responsibility to dispose of packaging that their shutters arrived in, i.e. cardboard, polystyrene etc.

7.5 Any defects in the product once installed must be notified in writing to the Company (by email or letter) within 48 hours of the installation. Please note, defects are quantified by our manufacturer as being visible from a distance of 3 metres or more. If defects are only visible when closer than 2m, these may not be repairable or replaceable.

7.6 The company will do their best to run the shutters level with the windows but this is not always possible. If the windows run out of square or if there are obstructions within the windows (including but not limited to the frames, window recess and general fitting area) our installers will be required to install the shutters within the space they have available. It is therefore expected that the shutters can have up to a 6mm tolerance for any gaps between the frames, panels and louvres and the windows.

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8. Guarantee / Warranty

8.1 Where the Shutters have been manufactured by the Company and are found to be defective, the Company shall replace or repair the defective Shutters upon the following conditions: The defect is due to the Company’s faulty design, workmanship or materials; and the defect not having arisen from the customer’s failure to comply with the Company’s oral or written instructions regarding installation, use or maintenance of the Shutters.

8.2 The Company follows the same guidelines set out by the glazing industry standards. Faults, such as scratches, seeds, bubbles, particles etc., which are visually obtrusive when viewing the shutters from a distance of 3 metres, will be deemed unacceptable.

8.3 All shutters supplied and installed are covered by the three year guarantee against defects in manufacture or installation. If the Shutters’ are not paid for in full at time of the installation, then this guarantee becomes void.

8.4 It is recommended that panels be ordered within Luna Blinds LTD normal limitations range. We may exceed the limitation at the customer’s request, but in doing so we cannot accept responsibility for any problems that may result nor will such panels be covered under warranty.

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9. Force Majeure

The Seller is not liable for delays in delivery or installation caused by circumstances beyond its reasonable control and will be entitled to a time extension for delivery or installation; examples include strikes, terrorist acts, war, supplier/transport/production problems, shipping or customs clearance, governmental or regulatory action and natural disasters. If this lasts for more than 2 months then this agreement may be terminated by either party without compensation.

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10. Governing Law & Jurisdiction

This agreement shall be governed by and constructed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.