Current Promotion Terms & Conditions
BLACK FRIDAY SALE 2024
1. Available Friday 1st November 2024 - Monday 9th December 2024 23:59 inclusive.
2. Offer must be applied at time of the appointment and cannot be added once contract is agreed.
3. 25% off all shutters, Duette®, Pleated, Wooden Venetian, Roller and Roman blinds, awnings, garage doors and motorised accessories (including the motor). Discounts are off our normal selling prices.
4. Order now for installation before Christmas. Thomas Sanderson installation before Christmas is available on selected blinds and shutters. Please consult with your designer for specific details. Excludes selected blinds, selected shutters, awnings and garage doors. Thomas Sanderson reserves the right to extend, amend or withdraw any offer without prior notice.
5. No cash alternative available. Cannot be used in conjunction with any other offer, voucher or discount.
6. Standard Terms and Conditions apply.
7. Thomas Sanderson is not responsible for any regional designer availability constraints if an appointment within the given time-frame is not available.
8. Appointments are booked on a first come first served basis.
9. Ts and cs correct at time of publication.
10. All products and offers are subject to availability.
SHUTTERS INSTALLED WITHIN FIVE WEEKS
*UK-made vinyl shutters can be custom-made and installed within 5 weeks from sale, this excludes Burley (wooden), Rockbourne (MDF+) and shaped Waterberry (Vinyl) shutters and is based on anticipated production lead-times, excluding the two week closure of our factory over Christmas and is subject to availability. Although we make every effort to meet the anticipated installation date, on some occasions your order might be slightly delayed due to circumstances beyond our control. We will ensure you are kept informed of any unforeseen changes to your delivery date.
DUETTE® BLINDS
RECOMMENDATION HAMPER - TERMS & CONDITIONS:
EXCLUSIVE LOYALTY 15% DISCOUNT - TERMS & CONDITIONS:
Newsletter sign up 10% discount - TERMS & CONDITIONS
10% off is valid on made-to-measure blinds, shutters, awnings and garage doors. To claim discount‚ show your sign up confirmation email to your designer at your in-home appointment at time of quote. One offer per household. Offer expires 6 months after receipt of your sign up confirmation email. Subject to availability. Discount is in addition to currently advertised promotion but cannot be used in conjunction with any other discount, voucher or offer. Electric blind accessories are not included. Thomas Sanderson reserves the right to extend‚ amend or withdraw any offer without prior notice.
THOMAS SANDERSON - WIN A £500 VOUCHER TOWARDS THE COST OF YOUR NEXT ORDER - TERMS & CONDITIONS:
THOMAS SANDERSON COMPLAINTS PROCESS
Thomas Sanderson strives to offer every one of our customers the best possible experience. In the unfortunate event that you may feel our service to you has not been up to the expected standard we would like to hear about it so that we may have the chance to resolve your issues fully.
In the first instance you should contact our Customer Services team using any of the channels below and explain to us the exact nature of your complaint. Please remember to have your customer number available as this will help us track down your details a little quicker.
Phone:
Our Customer Services number is 0800 014 2525 Lines are open from 9am to 5pm, Monday to Friday.
Calls are free from a landline but may incur a charge if dialled from a mobile.
Email:
Please email our Customer Services team at [email protected]
Post:
It takes a little longer to reply by letters but, if you prefer to write, please send your letter to the follow address;
Customer services Thomas Sanderson Limited The Darwin Building, 2 Colwick Quays Business Park Private Road No. 2, Colwick, Nottingham NG4 2JY
Upon receipt of your complaint, our Customer Services team will record it within our Customer Management system and a specific member of the team will assume ownership of your issues.
We will maintain regular contact throughout the duration of our investigation into your complaint and it will remain open on our Customer Management system until you have confirmed that you are fully satisfied with the resolution and outcome.
Escalating your complaint:
If you are unhappy that the processes are not being adhered to or wish to escalate your complaint, please write to our Customer Services Manager at the address above. All letters will be acknowledged within 48 hours of receipt and a formal written response will be issued within a maximum of 14 days.
If your complaint relates to our finance agreement:
If your complaint relates to the finance linked to your purchase you can still let us know about this, but we will forward it on to your credit provider Novuna (previously Hitachi Capital). Novuna will acknowledge your complaint and investigate it thoroughly and issue their response within eight weeks.
What to do if you can't reach an agreement on your finance agreement:
If you are not satisfied with Novuna’s response to your complaint relating to the finance agreement, you may be able to refer the matter to the Financial Ombudsman Service. You must contact them within six months of the date of Novuna’s final response letter to you.They can be contacted in the following ways:
Further details can be found on the Financial Ombudsman Service
website: www.financial-ombudsman.org.uk
1 THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, whether these are goods and/or services.
1.2 Please read these terms carefully before your order is processed. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Hunter Douglas UK Retail Limited a company registered in England and Wales, trading as Thomas Sanderson. Our company registration number is 1196432 and our registered office is at Unit 2 Churchill Park, Private Road Number 2, Colwick Industrial Estate, Nottingham, NG4 2JR. Our registered VAT number is GB416168262.
2.2 You can contact us by telephoning our customer service team at 0800 0142525 or by writing to us at [email protected] or at the address detailed above. Details for our written complaints procedure can be requested by writing to us at the above address.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any goods and/or services from us and may only be changed with our prior written authorisation. These terms together with your order once accepted by us will constitute the contract between you and us for our supply and your purchase of such goods and/or services.
3.2 Any quotation given by us shall not constitute an order, and is only valid for a period of 90 business days from its date of issue. We may extend this period at our discretion.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock or because of unexpected limits on our resources which we could not reasonably plan for.
3.4 By entering into a contract with us you warrant to us that you have the right to contract with us to supply the goods and services at the property where they are to be delivered, installed and provided.
4 ORDER AND SURVEY
4.1 The order shall be detailed on: a written order confirmation summarising the product(s) ordered (the “Summary of Order”) including a detailed specification of the product(s) to be manufactured. Once the order has been completed, 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 it (in which case we shall promptly refund any sums paid by you in respect of the order).
4.2 Orders are subject to a detailed survey to undertake measurements and specifications for the products. Our advisor will arrange a suitable time for this to take place.
4.3 Should the results of the survey identify amendments to the order which would change the price then we will notify you of such price change whereupon you have the right to proceed with or cancel the order at your discretion. Should you choose to cancel the order we shall promptly refund any sums paid by you in respect of the order.
4.4 The survey process will require you to approve the final design of the product(s) you have ordered. By signing the Summary of Order (electronically and/or on paper) you are agreeing the specification for the product(s) ordered and authorising us to manufacture the product(s) to this specification. The order cannot be changed after this point.
4.5 You agree that whoever you arrange to attend the survey on your behalf and sign the Summary of Order will be acting as your agent and their authorisation of the specification of the product(s) ordered will be binding upon you.
4.6 The product(s) supplied by us to you will correspond with the Summary of Order where a detailed survey has been undertaken or where no survey was required.
5 OUR PRODUCTS
5.1 The images of the products in our brochure, our visualisation application and/or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
6 YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of their supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If a survey has taken place the order cannot be changed.
7 OUR RIGHTS TO MAKE CHANGES
7.1 We may change the specification of any of the product(s) you have ordered:
7.1.1 to reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of such product(s).
7.2 If for any reason we are required to make more significant changes than those set out above to any of the product(s) you have ordered, which will affect your use of such product(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) you have paid for but not received.
8 DELIVERY
8.1 We will deliver the goods and supply the services to the place noted in the Summary of Order as the delivery address.
8.2 You 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 to check the goods and their installation where you notify us about a problem with the same.
8.3 Any delivery or supply date or time specified by us in the Summary of Order or during the order confirmation process (as the case may be) is an estimate only, and we will not be liable to you for any loss sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control (including, for the avoidance of doubt and without limitation, any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled installation appointment). All of our products are made-to-measure and may have extended manufacturing and/or delivery periods. Some products, including shutters, will have a delivery period in excess of 30 days. The estimated delivery date will be agreed with you at the time of the order or, where a survey is required, the time of the survey.
8.4 In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of, without limitation, pets, plants, furniture, breakable items and household residents.
8.5 You shall ensure that your electrical supply is safe and suitable for the goods we supply. We do not undertake any alterations or extensions to the main circuitry of the installation site. All connections by us will be to a 13amp socket.
8.6 In order to facilitate the installation your electrical supply may be interrupted for the safe work of the Company’s representatives.
8.7 For larger orders it may be necessary for the products ordered to be delivered to your property prior to the installation date. We will inform you where this is necessary and you will be responsible for accepting such a delivery in accordance with these terms.
8.8 Relevant laws and 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. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the product(s) you have ordered. In such circumstances you will remain liable for the full cost of the product(s) ordered and you agree that you will not treat our refusal to install the product(s) as a fundamental breach of the contract and you will remain bound under the contract to take delivery of the product(s). For the avoidance of doubt, we consider this clause 8.8 to be reasonable in all circumstances given the current legal, legislative and regulatory requirements. This will not affect your legal rights as a consumer in relation to any products that are faulty.
8.9 If our supply of the product(s) you have ordered is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund of any sums you have paid in advance for products which will not be provided.
8.10 If you do not allow us access to your property to deliver the goods or supply the services as arranged (and you do not have a good reason for this), we may charge you for the additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract.
8.11 The product(s) you have ordered will be your responsibility from the time we deliver the product(s) to the address you gave us.
8.12 You will own the product(s) you have ordered once we have received payment in full for the product(s).
8.13 We may have to suspend the supply of any product(s) you have ordered to:
8.13.1 deal with technical problems or make minor technical changes;
8.13.2 update the product(s) to reflect changes in relevant laws and regulatory requirements; or
8.13.3 make changes to the product(s) as requested by you or notified by us to you.
9 PRICE AND PAYMENT
9.1 The price for the goods and services to be supplied is stated on the Summary of Order. All prices are inclusive of the cost of delivery and VAT.
9.2 If the rate of VAT changes between your order date and the date we supply the product(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
9.3 A deposit (which depending upon order value may be up to 100% of the agreed price) shall be payable by you upon signing the Summary of Order or on confirming your acceptance of the order. In the event that cleared funds are not received for the deposit payment (for example, if your debit or credit card declines), we may request full payment by alternative payment method before the installation of any of the product(s) you have ordered takes place.
9.4 Where the order is purchased on credit terms, we will supply you with the relevant contractual documentation. The credit terms shall be regulated by the Consumer Credit Act 1995 and you will have certain rights to cancel under that Act. Please see the credit agreement documents for further details.
9.5 By placing an order, you authorise us, at our discretion, to carry out credit references or other enquiries of your financial status through our credit partner and you shall provide, upon request, any written authorisation which may be required for the purpose of such enquiries. Details of our privacy policy, which sets out how such information may be used, may be found at https://www.thomas-sanderson.co.uk/legal/privacy-policy/.
9.6 Unless credit terms have been agreed with us in writing or payment in full has been made by you on placing the order, payment in full of the purchase price for the product(s) you have ordered, net of any deposit already paid, is due from you on delivery and completion of the installation of the product(s) or, in the event of your cancellation of the order or ending of the contract under clause 14.3 below prior to completion of the installation of the product(s) or your refusal to accept delivery of the product(s), upon such cancellation, ending or refusal as the case may be.
9.6.1 In some cases we may ask for payment in advance of the installation, and payment will be automatically deducted from your pre authorised card. Should payment not be received, the installation will be postponed until the point at which the remaining balance has been settled.
9.7 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 the 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.
9.8 In the event that your final balance payment is not received by us (for example, if your debit or credit card declines) or if you otherwise fail to make your final balance payment to us upon completion of the installation of the product(s) ordered, we may instruct internal or external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector. Orders that remain unpaid after the due date shall be subject to an interest charge of 4% per annum above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us this interest together with the overdue amount.
9.9 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10 OUR WARRANTY TO YOU
10.1 Subject to clauses 10.3 to 10.8 below: (i) we warrant that any goods supplied will correspond with the specification set out in the Summary of Order at the time of delivery or supply, will be of satisfactory quality and will be fit for the purpose for which they are commonly bought and for the purpose for which they have been designed; and (ii) we warrant that the services supplied will be performed with reasonable skill and care.
10.2 In addition to your statutory rights, subject to clauses 10.3 to 10.8 below, and to the receipt of payment in full for your order, we warrant goods sold under this order as follows:
10.2.1 SOFT FURNISHINGS – including curtains and Roman blinds shall be free from defects in materials and workmanship for 2 years from the date of installation.
10.2.2 SHUTTERS, BLINDS AND AWNINGS – subject to clauses 10.7 to 10.8 below, and to the receipt of payment in full for your order: (i) we warrant that, for a period of 12 months from the date of installation, all goods and services supplied will be free from defects in materials and workmanship; and (ii) in addition to your statutory rights for awnings, shutters, blinds and conservatory blind systems, we offer the extended care plan, which covers the period from the first to the fifth anniversary of the installation date where we will, subject to a £75 call out charge, repair or replace defective goods free of charge (always providing that the goods have not been subject to any misuse or modification).
10.3 If any services supplied by us are not in accordance with clause 10.1(ii), 10.2.1 or 10.2.2 above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the services. We will either arrange with you a time when we can visit your home to examine the supplied services or request imagery showing the alleged defect and, if the services are not in compliance with clause 10.1(ii), 10.2.1 or 10.2.2 above, we will either remedy the defect in question or re-supply the defective services.
10.4 In order for us to complete any repairs required under any of the warranties set out in clause 10.1 or in clause 10.2 above, we will require access to your property at a mutually convenient time. Failure to provide such access within a reasonable time will be deemed a frustration of the contract and our obligations as set out within this clause 10 will cease.
10.5 Upon notification of a claim in respect of any goods under any of the warranties set out in clause 10.1(i) or 10.2 above, we will either arrange with you to examine the goods or request imagery 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 misuse or modification). It is possible that goods replacing defective goods under any of the warranties set out in clause 10.1(i) or 10.2 above may no longer exactly match other goods in that order due to fading or changes in product specification. Should this be the case we do not accept any liability to replace non-faulty product(s) solely to ensure colour match. 10.6 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: (i) reject the goods; (ii) withhold or reduce payment of the purchase price; or (iii) claim any compensation for such variation.
10.7 Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, the performance of the products is unimpaired by any such fading and neither the warranties set out in clause 10.1 or 10.2 shall apply: (i) in relation to fading or discolouration caused by fair wear and tear; and/or (ii) where the relevant fault or defect has been caused by your misuse and/or neglect of the products and/or by accidents caused while the products are in your possession. 10.8 The warranties set out in clause 10.1 and 10.2 are for the original purchaser only and are not transferable. Please retain your Summary of Order to identify your purchase in the unlikely event of needing to claim under any of the warranties set out in clause 10.1 or 10.2 above.
11 YOUR LEGAL RIGHTS
11.1 We are under a legal duty to supply goods and services to you that are in conformity with the contract. Nothing in these terms will affect your legal rights in relation to any non-conformity.
12 YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to collect the rejected product(s) from you. We will pay the costs of collection.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products (including the right to receive products which are as described, of satisfactory quality, fit for purpose, supplied with reasonable skill and care and installed correctly by us); (iv) unsafe products under the Consumer Protection Act 1987; or (v) any other matter in respect of which it is unlawful for us to exclude or restrict liability.
13.2 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. In order to install products, holes may be made in the fabric of the structure of your property. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed by you. We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by negligence or wilful misconduct by you or by breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of the obligations that we owe to you under the contract if this is due to any cause beyond our reasonable control, including (without limitation): (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work; (iv) any form of government intervention; (v) any third party act or omission; and (vi) any failure by you to give us a correct delivery address or notify us of any change of address.
13.7 This clause 13 shall survive completion of the contract or the contract ending for any reason.
14 YOUR RIGHTS TO END THE CONTRACT
14.1 All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and (subject to clauses 14.2 to 14.3 below) you will not therefore be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as described.
14.2 Notwithstanding clause 14.1 above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within two calendar days, starting with the date your order is placed. Our preferred method of cancellation is by email to [email protected] or by telephone on 0800 0142525 to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us, and any related credit agreement will automatically be cancelled with effect from that date.
14.3 If you are: (i) cancelling your order under clause 14.2 above; or (ii) ending the contract under clause 7.2 above, under clause 8.9 above or for the reason that you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
15 OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
15.1.4 you do not, within a reasonable time, allow us access to your property to supply any services.
15.2 If we end the contract in any of the situations set out in clause 15.1 above and the manufacturing of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.
15.3 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
15.4 If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.
15.5 The contract ending for any reason shall not affect any accrued rights of you or us.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to us:
16.1.1 to supply the product(s) you have ordered to you;
16.1.2 to process your payment for the product(s) ordered; and
16.1.3 to inform you about similar products that we provide. You may stop receiving these communications at any time by contacting us, for full details of how to do this see our privacy policy which may be found at https://www.thomas-sanderson.co.uk/legal/privacy-policy/.
16.2 We may pass your personal information to credit reference agencies in accordance with clause 9.5 above.
16.3 We may pass your details onto an independent third party if required for dispute resolution.
16.4 For details of any other times that we may pass your information onto a third party please see our privacy policy.
16.5 Details of our privacy policy, which sets out how we handle your personal information, may be found at https://www.thomas-sanderson.co.uk/legal/privacy-policy/.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
17.2 You may not transfer any of your rights or obligations under the contract to another person without our prior written consent. The request must be received in writing to Customer Services, Thomas Sanderson Limited, Colwick Business Park, Private Road No.2, Colwick Nottingham, NG4 2JR.
17.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the terms of the contract, or if we delay in taking steps against you in respect of your breaching the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to supply the product(s) you have ordered, we can still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, notwithstanding that the whole or any part of any such term may prove to be illegal or unenforceable, the other terms of the contract and the remainder of the term in question shall continue in full force and effect.
17.6 The goods, the contract and these terms and conditions shall comply with all statutory requirements for the sale and supply of goods contracts within the United Kingdom. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. It is the Company’s right to waive an obligation of the customer under these terms and this shall not mean that all requirements to perform under these terms are also waived.
17.7 The contract is governed by the laws of England and you can bring legal proceedings in respect of the product(s) you have ordered or otherwise in relation to the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) ordered in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the Northern Irish or the English courts. Likewise, if you live in the Republic of Ireland or any other EU member state, you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the courts of the member state in which you live or the English courts.
17.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint in relation to the contract, you may want to contact The Citizens Advice Consumer helpline on 03454 04 05 06, (org.uk) or your local Trading Standards office.
Terms and Conditions for Smart Hubs
1 THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, including where we supply you with products and install those products.
1.2 Please read these terms carefully before you place your order. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to let us know.
1.3 We may change these terms from time to time and any changed terms will be published on our website.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Hunter Douglas UK Retail Limited a company registered in England and Wales, trading as Thomas Sanderson. Our company registration number is 1196432 and our registered office is at Unit 2 Churchill Park, Private Road No. 2, Colwick, Nottingham, NG4 2JR. Our registered VAT number is GB416168262.
2.2 You can contact us by telephoning our customer service team at 0800 014 2525 or by writing to us at [email protected] or at the address detailed above. Details of our written complaints procedure can be requested by writing to us at the above address or email address.
2.3 If we have to contact you we will do so by telephone or by writing to you using the contact details you provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 YOUR ORDER AND OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of any products (including the installation of those products) from us. These terms together with the terms of your order once accepted by us (as set out in the Survey Form – Sectional Door/Roller Door) will constitute the contract between you and us for our supply and your purchase of such products.
3.2 Any quotation given by us shall not constitute an offer and is only valid for a period of 90 business days
from its date of issue. We may extend this period in writing at our discretion. If you would like to place an order based on a quotation given by us which is still valid, you can place your order by (i) confirming to the designer on the day that the quotation given to you by the designer at your home that you wish to place an order; or (ii) by calling the designer who visited your home or our Quotes Team on the number given to you to place your order. When you place your order, you will be required to pay a deposit of 50% of the order value, with the balance payment due no later than on the day of the agreed installation date.
3.3 We are not under any obligation to accept your order, even if we have given you a quotation and your order refers to that quotation.
4 ORDER AND SURVEY
4.1 Once we have received your order we will provide you with an acknowledgment of your order, which will be subject to survey. Our acknowledgment of your order does not mean that a contract has come into effect between you and us. Once your order has been acknowledged by us we will arrange for an designer to contact you to discuss the final design of the product you have ordered, and in most cases for a survey to take place to agree the technical specifications for the product you have ordered. Our designer will issue you with a Design Order Confirmation setting out the agreed design aspects of the products you have ordered. Following that, in most cases we will arrange a survey where we and you will finalise the design and technical specification of the products you have ordered. At the completion of the survey (or if no survey is required at the end of our consultations with you regarding the design and specification of your product) we will provide you with an order confirmation form including a detailed specification of the product(s) to be manufactured (the “Survey Form – Sectional Door” or “Survey Form Roller Door” or "Survey Form Vista Roller Door", as applicable). At the point at which the Survey Form – Sectional Door or Survey Form Roller Door is Survey Form Vista Roller Door provided to you your order will be considered to have been accepted by us and a binding contract will come into existence between you and us. While we may ask you to sign the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door, this is just for our records, and even if you do not sign the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door you will still be contractually bound to purchase the products on the terms set out in the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door and these terms.
4.2 By entering into a contract with us you confirm that you have the right to contract with us and you authorise us to supply and install the products at the property where they are to be delivered, installed and provided.
4.3 As mentioned above, some orders are subject to a detailed survey to undertake measurements and
specifications for the products. Should this be required one of our installers will arrange a suitable time for this to take place.
4.4 Should the results of the survey identify amendments to your order which would change the price or deem the original design unsuitable then we will notify you of such price / required design change, whereupon you have the right to proceed with or cancel the order at your discretion. Should you choose to cancel the order we shall promptly refund any sums paid by you in respect of the order. You or we may cancel your order at any point before a contract is entered into between us in accordance with these terms.
4.5 The survey process will require you to approve the final design of the product(s) you have ordered. Once you have been provided with the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door (electronically or on paper) you are contractually bound to purchase the products on the terms set out in the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door and these terms. The order cannot be changed or cancelled after this point.
4.6 You agree that should you arrange for someone to attend the survey on your behalf and receive the Survey Form – Sectional Door or Survey Form Roller Door you or Survey Form Vista Roller Door, as the customer will inform us in advance of the name of the person attending the survey on your behalf. You agree that you will be considered to have authorised that person to act on your behalf in attending the survey and receiving and signing the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door on your behalf, and you agree that in those circumstances you remain responsible for fulfilment of your obligations under the contract, including the payment obligations, and you will be bound by the terms of the contract between you and us as set out in the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door and these terms.
4.7 The product(s) supplied by us to you will correspond with the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door.
5 OUR PRODUCTS
5.1 The images of the products in our brochure and on our website and any samples given to you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure or a sample given to you accurately reflects the colour of the products. Your product may vary slightly from those images.
5.1 Our Vista range is operated and controlled using a “hold to run” operating system, which requires a physical presence at all times whilst the door is being operated (either opened or closed). There are no safety edges fitted to this product that will automatically cease the operation if an obstruction is detected, therefore this product must not be used in conjunction with any remote control or smart hub technology, either when fitting is complete or at any time after fitting.
6 YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of their supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Once you have been provided with the Survey Form – Sectional Door or Survey Form Roller or Survey Form Vista Roller Door, then your order cannot be changed.
7 OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the product(s) you have ordered to:
7.1.1 reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 deal with technical problems or make minor technical changes;
7.2 If for any reason we are required to make more significant changes to any of the product(s) you have
ordered, which will affect your use of such product(s), we will notify you and you may then contact
us to end the contract before the changes take effect and receive a full refund for any product(s) you
have paid for but not received.
8 DELIVERY
8.1 We will deliver and install the products to the location noted in the Survey Form – Sectional Door or
Survey Form Roller Door or Survey Form Vista Roller Door as the delivery address.
8.2 You will supply us with such information, rights of access and mains electricity that we may reasonably
require in order to deliver the products and perform any installation and/or to check the products and
their installation if we are investigating an issue you have notified us about.
8.3 Any delivery or supply or installation date or time specified by us during the order confirmation
process is an estimate only, and we will not be liable to you for any loss suffered by you if we fail to
deliver, supply or install the products on that date because of circumstances beyond our reasonable
control. If our supply or installation of the product(s) you have ordered is delayed by an event beyond
our reasonable control then we will contact you as soon as possible to let you know and we will take
steps to minimise the effect of the delay. All of our products are customised and may have extended
manufacturing and/or delivery periods. Some products will have an estimated delivery date of longer
than 30 days after the date on which we accept your order in accordance with these terms. The
estimated delivery date will be agreed with you at the time of finalising the order.
8.4 In order to ensure safe working practices you must ensure that the area in which the installation
works are to be carried out is clear of obstructions. If our installation team consider that they are
unable to adequately and safely access the area in which the works are to be carried out, we may in
our discretion refuse to carry out the installation and re-arrange the installation date, and we won’t
be responsible for any loss suffered by you in these circumstances as a result of the re-arranged
installation/works.
8.5 Sea Salt Corrosion. Products fitted within the coastal areas can be susceptible to corrosion from the
salt air. Salt air deposits will settle on the door and can eventually cause corrosion to the aluminium.
Cleaning the door regularly with warm soapy water once a month will slow this process down and
prolong the life of the aluminium significantly. Doors fitted at properties within 5 miles of the sea
are NOT covered by our extended Peace of Mind warranty package. The warranty period for
aluminium products against corrosion in coastal areas is 18 months. This applies to both powder
coated aluminium and steel sections.
8.6 If you do not allow us access to your property to deliver or install the products as arranged, you will
still be required to make payment in full for products ordered. If, despite our reasonable efforts, we
are unable to contact you or re-arrange access to your property to deliver and install the products we
may end the contract, and after 6 months we may sell or destroy the products and keep any monies
we have received from you. We will still have a claim against you for the balance owed to us even if we
keep the monies you have paid to us.
8.7 You will own the product(s) you have ordered once we have received payment in full for the
product(s).
9 PRICE AND PAYMENT
9.1 The price for the products is stated on the Design Order Receipt and the Survey Form – Sectional
Door or Survey Form Roller Door (whichever is applicable). Unless otherwise stated on the Design Order Receipt and the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door all prices are inclusive of the cost of delivery and VAT.
9.2 If the rate of VAT changes between your order date and the date we supply the product(s) you have
ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s)
in full before the change in the rate of VAT takes effect.
9.3 A deposit shall be payable by you when you place your order (as described in section 3.2). In the event
that cleared funds are not received for the required payment (for example, if your debit or credit card
is declined), we may request full payment by alternative payment method before the installation of any
of the product(s) you have ordered takes place.
9.4 Where the order is purchased on credit terms, we will supply you with the relevant contractual
documentation.
9.5 By placing an order, you authorise us, at our discretion, to carry out credit references or other
enquiries of your financial status through our credit partner and you shall provide, upon request, any
written authorisation which may be required for the purpose of such enquiries. Details of our privacy
policy, which sets out how such information may be used, may be found at www.thomas-sanderson.
co.uk/legal/privacy-policy
9.6 Unless credit terms have been agreed with us in writing or payment in full has been made by you on
placing the order, the final balance payment is due on the date agreed by you and us or, if no date
is agreed, at the latest on the completion of the installation of the products, or, in the event of your
ending of the contract prior to completion of the installation of the product(s) or your refusal to
accept delivery of the product(s), upon such ending or refusal as the case may be.
9.7 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 the contract and in law, withhold further deliveries or supplies
or suspend performance of the contract until arrangements as to payment have been established on
terms which are satisfactory to us.
9.8 If you do not pay us all or any part of the amount payable by you for the products ordered for any
reason, we may instruct internal or external debt collectors to collect the monies due from you under
the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to
the overdue amount and accrued interest and any other remedies or rights that we may have, for any
charges reasonably incurred by us in instructing a debt collector. If we're unable to collect any payment
you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of
England base rate from time to time. Interest will accrue on a daily basis from the due date until the
date of actual payment of the overdue amount, whether before or after judgment. You must pay us
this interest together with the overdue amount.
9.9 If you think an invoice is wrong please contact us promptly to let us know.
10 OUR WARRANTY TO YOU
10.1 In accordance with your rights under consumer law: (i) we warrant that any products supplied will
at the time of delivery correspond with any description or other specification set out in the Survey
Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door, will be of satisfactory quality and will be fit for the
purpose for which they are commonly bought and for the purpose for which they have been designed;
and (ii) we warrant that the installation of the products supplied will be performed with reasonable
skill and care.
10.2 Subject to the receipt by us of payment in full from you for your order, we warrant that, for a period
of 12 months from the date of installation, all products supplied will be free from defects in materials
and workmanship.
We also offer the “Peace of Mind Package”, which is an extended care plan that covers the period
from the first to the fifth anniversary of the installation date where we will, subject to a £75 call out
charge, repair or replace defective products free of charge (always providing that the products have
not been subject to any misuse or modification). The Peace of Mind Package is not available for
garage doors fitted at properties within 5 miles of the sea – see section 8.5 of these terms
above.
10.3 If any products supplied by us are faulty or not as described, you should notify us within a reasonable
time of their supply or of becoming aware of the faults. We will either arrange with you a time when we can visit your home to examine the supplied products or request photographs and/or video showing the defect and, if the products are not in compliance with legal requirements or these terms (other than due to misuse or modification by you), we will either repair the faulty product or replace the faulty product. In some cases you may be entitled by law to a refund.
10.4 It is possible that products which we provide to replace faulty products may no longer exactly match other products in the same order due to fading in colour or changes in product specification, and we
will not be responsible for any failure of a replacement product to match products already installed due to colour fading of the already-installed products or a change in the product specification. This does not affect your legal rights.
10.5 We will not be responsible in any way for any faults and defects in the products 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 products and/or by accidents caused while the products are in your possession.
10.6 The warranties in these terms are for the benefit of the original purchaser only and are not transferable. Please retain your Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door to identify your purchase in case you need to claim under any of the warranties.
11 YOUR LEGAL RIGHTS
11.1 Nothing in these terms will affect your legal rights in any way.
12 YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to collect the rejected product(s) from you. We will pay the costs of collection.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. For example, nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, designers or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products, or (iv) any other matter in respect of which it is unlawful for us to exclude or limit liability.
13.2 If we are installing products at your property, we will make good any damage to your property caused
by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while installing products. In order to install products, holes may be made in the fabric of the structure of your property. Whilst reasonable effort and care will be taken during this procedure, we are not responsible for any damage in connection with holes left when products are subsequently removed by you. We do not undertake structural surveys and we will not be responsible where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
13.3 We only supply the products for domestic and private use. If you use the products for any commercial,
business or re-sale purpose we will have no liability to you for any loss of profit, loss of business or revenue, business interruption, or loss of business opportunity.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the
extent that it is caused by your negligence or a breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of our obligations
under the contract if this is due to any events outside our reasonable control, such as: (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work (other than by our own staff); (iv) any form of government intervention; and (v) any failure by you to give us a correct delivery address or notify us of any change of address.
13.7 This section 13 shall stay in effect (so each of us may rely on it) following completion of the contract or the contract ending for any reason.
14 YOUR RIGHTS TO END THE CONTRACT
14.1 All products are customised to your requirements and as a result you do not have any rights to change
your mind and cancel your order for any product(s) once you have been provided with the Survey Form – Sectional Door or Survey Form Roller Door or Survey Form Vista Roller Door, provided that this will not affect your legal rights as a consumer in relation to customised products that are faulty or not as described.
14.2 If you are ending the contract where you have a legal right to end the contract because of something
that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
15 OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days
of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary
for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
15.1.4 you do not, within a reasonable time, allow us access to your property to install any products.
15.2 If we end the contract in any of the situations set out in section 15.1 above and the manufacturing of
the product(s) you have ordered has already started, we will provide you with a refund of sums you
have paid but we may withhold from the refund a reasonable amount to reflect the costs we have
incurred in the part-manufacture of the products, so you may not get all your money back.
15.3 We may write to you to let you know that we are going to stop providing any product you have
ordered. We will either supply an alternative product or refund in full any sums you have paid in
advance for the product which will not be provided.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 Our privacy policy, which sets out how we handle your personal information, may be found at www.
thomas-sanderson.co.uk/legal/privacy-policy
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation. We will always
tell you in writing if this happens and will ensure that the transfer will not affect your rights under the
contract or your legal rights.
17.2 You may not transfer any of your rights or obligations under the contract to another person without
our prior written consent. The request must be received in writing to Customer Services, Thomas
Sanderson, Colwick Business Park, Private Road No.2, Colwick Nottingham, NG4 2JR.
17.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the terms of the
contract, or if we delay in taking steps against you in respect of your breaching the contract, that will
not mean that you do not have to do those things and it will not prevent us taking steps against you at
a later date. For example, if you miss a payment and we do not chase you but we continue to supply
the product(s) you have ordered, we can still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, even if part or the whole of a term is illegal or
unenforceable, the other terms of the contract and the remainder of the term in question shall
continue in full force and effect.
17.6 The contract is governed by the laws of England, and you can bring legal proceedings in respect of the
product(s) you have ordered or otherwise in relation to the contract in the English courts. If you live
in Scotland you can bring legal proceedings in respect of the product(s) ordered in either the Scottish
or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the
product(s) ordered or otherwise in relation to the contract in either the Northern Irish or the English
courts. Likewise, if you live in the Republic of Ireland or any other EU member state, you can bring
legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in
either the courts of the member state in which you live or the English courts.
17.7 If you are not happy with how we have handled any complaint in relation to the contract, you may
want to contact The Citizens Advice Consumer helpline on 08002231133 (Citizensadvice.org.uk)
1 THESE TERMS
1.1 These are the terms and conditions on which we supply Granby stocked awnings (referred to in these terms as “products”) to you, including where we supply you with the products and install the products.
1.2 Please read these terms carefully before you place your order. These terms tell you who we are, how we will provide the products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to let us know.
1.3 We may change these terms from time to time and any changed terms will be published on our
website.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Hunter Douglas UK Retail Limited a company registered in England and Wales, trading as
Thomas Sanderson. Our company registration number is 1196432 and our registered office is at Unit
2 Churchill Park, Private Road No. 2, Colwick, Nottingham, NG4 2JR. Our registered VAT number is
GB416168262.
2.2 You can contact us by telephoning our customer service team at 0800 014 2525 or by writing to us
at [email protected] or at the address detailed above. Details of our written
complaints procedure can be requested by writing to us at the above address or email address.
2.3 If we have to contact you we will do so by telephone or by writing to you using the contact details you
provided to us in your order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3 YOUR ORDER AND OUR CONTRACT WITH YOU
3.1 These terms will apply to your purchase of the products (including the installation of the products) from us. These terms together with the terms of your order once accepted by us (as set out in the Order Confirmation Form) will constitute the contract between you and us for our supply and your purchase of such products.
3.2 Any quotation given by us shall not constitute an offer and is only valid for a period of 90 business days from its date of issue. We may extend this period in writing at our discretion. If you would like to place an order based on a quotation given by us which is still valid, you can place your order by (i) confirming to the adviser on the day that the quotation is given to you by the adviser at your home that you wish to place an order; or (ii) by calling the adviser who visited your home or our Quotes Team on the number given to you to place your order. When you place your order, you will be required to pay a deposit of 50% of the order value, with the balance payment due no later than on the day of the agreed installation date.
3.3 We are not under any obligation to accept your order, even if we have given you a quotation and your
order refers to that quotation.
4 ORDER AND SURVEY
4.1 As stated in section 3.2, a deposit shall be payable by you when you place your order. Once we have received your order, we will promptly issue you with an Order Confirmation Form confirming your order. At the point at which the Order Confirmation Form is provided to you, your order will be considered to have been accepted by us and a binding contract will come into existence between you and us. Once the contract is formed, you are contractually bound to purchase the products on the terms set out in the Order Confirmation Form and these terms, unless you or we cancel the order (end the contract). Your and our rights to cancel the order are set out in these terms.
4.2 By entering into a contract with us you confirm that you have the right to contract with us and you authorise us to supply and install the products at the property where they are to be delivered, installed and provided.
4.3 Once we issue the Order Confirmation Form, our technical team will look at any photographs submitted as part of your order. We may then do one of three things: (i) confirm to you that no Technical Survey is needed, in which case we will contact you to arrange a fitting date; or (ii) confirm to you that a Technical Survey is needed; or (iii) confirm to you that our technical team has determined (without the need for a Technical Survey) that the proposed location for the fitting of the products is unsuitable for the products and so we are ending the contract.
4.4 We have the right to cancel the order (end the contract between us) if we determine (either after a Technical Survey has taken place or without the need for a Technical Survey) that the proposed location for the fitting of the products is unsuitable for the products because: (i) we consider that the proposed location for fitting the products is not structurally sound or capable of bearing the weight of the product(s); or (ii) there are obstructions on the proposed location for fitting which would prevent the fitting of the products without further work or modifications to the products or the proposed location; or (iii) we have reasonable safety concerns regarding the suitability of fitting the product(s) at the proposed location.
4.5 If we determine that the proposed location for the fitting of the products is unsuitable for the products in accordance with section 4.4 of these terms, then we will notify you, at which point your order will be cancelled and the contract between us will be ended. In these circumstances we will promptly refund all sums paid by you in respect of the products including the deposit.
4.6 If a Technical Survey is required, we will arrange for an advisor to contact you to carry out the Technical Survey at which we will assess the suitability of the property and any obstructions to fitting the product you have ordered. At the completion of the Technical Survey we will provide you with a survey confirmation form which sets out the results of the survey (the “Survey Form – Awnings”). The Survey Form – Awnings may confirm that we can provide the products (and any details for installation), or it may confirm that the proposed location for the fitting of the products is unsuitable for the products and so the order is cancelled and the contract between us is ended. While we may ask you to sign the Survey Form – Awnings, this is just for our records, and if you do not sign the Survey Form – Awnings, it does not prevent us from cancelling the order if we have the right to do so under these terms.
4.7 You agree that if you arrange for someone to attend the Technical Survey on your behalf and receive the Survey Form – Awnings you, as the customer will inform us in advance of the name of the person attending the Technical Survey on your behalf. You agree that you will be considered to have authorised that person to act on your behalf in attending the Technical Survey and receiving and signing the Survey Form – Awnings on your behalf, and you agree that in those circumstances you remain responsible for fulfilment of your obligations under the contract, including the payment obligations, and you will be bound by the terms of the contract between you and us as set out in the Order Confirmation Form and these terms.
4.8 The product(s) supplied by us to you will correspond with the Order Confirmation Form and (if there is one) the Survey Form – Awnings.
5 OUR PRODUCTS
5.1 The images of the products in our brochure and on our website and any samples given to you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure or a sample given to you accurately reflects the colour of the products. Your product may vary slightly from those images.
6 YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s), the timing of their supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7 OUR RIGHTS TO MAKE CHANGES
7.1 We may change any of the product(s) you have ordered to:
7.1.1 reflect changes in relevant laws and regulatory requirements; and/or
7.1.2 deal with technical problems or make minor technical changes;
7.2 If for any reason we are required to make more significant changes to any of the product(s) you have ordered, which will affect your use of such product(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) you have paid for but not received.
8 DELIVERY
8.1 We will deliver and install the products to the location noted in the Order Confirmation Form as the delivery address.
8.2 You will supply us with such information, rights of access and mains electricity that we may reasonably require in order to deliver the products and perform any installation and/or to check the products and their installation if we are investigating an issue you have notified us about.
8.3 Any delivery or supply or installation date or time specified by us during the order confirmation process or on the Order Confirmation Form is an estimate only, and we will not be liable to you for any loss suffered by you if we fail to deliver, supply or install the products on that date because of circumstances beyond our reasonable control. If our supply or installation of the product(s) you have ordered is delayed by an event beyond our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. The products may have an estimated delivery date of longer than 30 days after the date on which we accept your order in accordance with these terms. The estimated delivery date will be agreed with you at the time of finalising the order.
8.4 In order to ensure safe working practices you must ensure that the area in which the installation works are to be carried out is clear of obstructions. If our installation team consider that they are unable to adequately and safely access the area in which the works are to be carried out, we may in our discretion refuse to carry out the installation and re-arrange the installation date, and we won’t be responsible for any loss suffered by you in these circumstances as a result of the re-arranged installation/works.
8.5 If you do not allow us access to your property to deliver or install the products as arranged, you will still be required to make payment in full for products ordered. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property to deliver and install the products we may end the contract, and after 6 months we may sell or destroy the products and keep any monies we have received from you. We will still have a claim against you for the balance owed to us even if we keep the monies you have paid to us.
8.6 You will own the product(s) you have ordered once we have received payment in full for the product(s).
9 PRICE AND PAYMENT
9.1 The price for the products is stated on the Order Confirmation Form. Unless otherwise stated on the Order Confirmation Form all prices are inclusive of the cost of delivery and VAT.
9.2 If the rate of VAT changes between your order date and the date we supply the product(s) you have ordered, we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) in full before the change in the rate of VAT takes effect.
9.3 A deposit shall be payable by you when you place your order (as described in section 3.2). In the event that cleared funds are not received for the required payment (for example, if your debit or credit card is declined), we may request full payment by alternative payment method before the installation of any of the product(s) you have ordered takes place.
9.4 Where the order is purchased on credit terms, we will supply you with the relevant contractual documentation.
9.5 By placing an order, you authorise us, at our discretion, to carry out credit references or other
enquiries of your financial status through our credit partner and you shall provide, upon request, any
written authorisation which may be required for the purpose of such enquiries. Details of our privacy
policy, which sets out how such information may be used, may be found at www.thomas-sanderson.
co.uk/legal/privacy-policy
9.6 Unless credit terms have been agreed with us in writing or payment in full has been made by you on placing the order, the final balance payment is due on the date agreed by you and us or, if no date is agreed, at the latest on the completion of the installation of the products, or, in the event of your ending of the contract (without a right to do so) prior to completion of the installation of the product(s) or your refusal to accept delivery of the product(s), upon such ending or refusal as the case may be.
9.7 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 the contract and in law, withhold further deliveries or supplies or suspend performance of the contract until arrangements as to payment have been established on terms which are satisfactory to us.
9.8 If you do not pay us all or any part of the amount payable by you for the products ordered for any reason, we may instruct internal or external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. Interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this interest together with the overdue amount.
9.9 If you think an invoice is wrong please contact us promptly to let us know.
10 OUR WARRANTY TO YOU
10.1 In accordance with your rights under consumer law: (i) we warrant that any products supplied will at the time of delivery correspond with any description or other specification set out in the Order Confirmation Form or Survey Form – Awnings, will be of satisfactory quality and will be fit for the purpose for which they are commonly bought and for the purpose for which they have been designed; and (ii) we warrant that the installation of the products supplied will be performed with reasonable skill and care.
10.2 Subject to the receipt by us of payment in full from you for your order, we warrant that, for a period of 24 months from the date of installation, all products supplied will be free from defects in materials and workmanship.
10.3 If any products supplied by us are faulty or not as described, you should notify us within a reasonable time of their supply or of becoming aware of the faults. We will either arrange with you a time when we can visit your home to examine the supplied products or request photographs and/or video showing the defect and, if the products are not in compliance with legal requirements or these terms (other than due to misuse or modification by you), we will either repair the faulty product or replace the faulty product. In some cases you may be entitled by law to a refund.
10.4 It is possible that products which we provide to replace faulty products may no longer exactly match other products in the same order due to fading in colour or changes in product specification, and we will not be responsible for any failure of a replacement product to match products already installed due to colour fading of the already-installed products or a change in the product specification. This does not affect your legal rights.
10.5 We will not be responsible in any way for any faults and defects in the products 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 products and/or by accidents caused while the products are in your possession.
10.6 The warranties in these terms are for the benefit of the original purchaser only and are not transferable. Please retain your Order Confirmation Form and/or Survey Form – Awnings to identify your purchase in case you need to claim under any of the warranties.
11 YOUR LEGAL RIGHTS
11.1 Nothing in these terms will affect your legal rights in any way.
12 YOUR OBLIGATIONS IN RESPECT OF REJECTED PRODUCTS
12.1 If you wish to exercise your legal rights to reject any product(s) you must allow us to collect the rejected product(s) from you. We will pay the costs of collection.
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. For example, nothing in the contract excludes or limits our liability for: (i) death or personal injury resulting from our negligence or that of our employees, advisors or installers; (ii) fraud or fraudulent misrepresentation; (iii) breach of your legal rights in relation to the products, or (iv) any other matter in respect of which it is unlawful for us to exclude or limit liability.
13.2 If we are installing products at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while installing products. In order to install products, holes may be made in the fabric of the structure of your property. Whilst reasonable effort and care will be taken during this procedure, we are not responsible for any damage in connection with holes left when products are subsequently removed by you or by us if you exercise your right to change your mind and cancel the contract in accordance with section 14 below. We do not undertake structural surveys and we will not be responsible where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the products does not breach any leasehold, planning regulations or warranties that you may hold.
13.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business or revenue, business interruption, or loss of business opportunity.
13.4 We shall not be responsible for any injury, loss, damage, cost or expense suffered by you if and to the extent that it is caused by your negligence or a breach by you of your obligations under the contract.
13.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.6 We shall not be liable to you if we are prevented from or delayed in performing any of our obligations under the contract if this is due to any events outside our reasonable control, such as: (i) an act of God, explosion, flood, fire or accident; (ii) war or civil disturbance; (iii) any strike, industrial action or stoppages of work (other than by our own staff); (iv) any form of government intervention; and (v) any failure by you to give us a correct delivery address or notify us of any change of address.
13.7 This section 13 shall stay in effect (so each of us may rely on it) following completion of the contract or the contract ending for any reason.
14 YOUR RIGHTS TO END THE CONTRACT
14.1 In accordance with your rights under consumer law, you have the right to change your mind and cancel your order for any product(s) for a period of 14 (fourteen) days following the date of installation of the product(s). This will not affect your legal rights as a consumer in relation to products that are faulty or not as described.
14.2 In the event you exercise your right to change your mind during the 14 days after the date of installation of the product(s) to cancel your order, we will arrange for the deinstallation and collection of the product(s) at no additional cost. If we are deinstalling products at your property, we will make good any damage to your property caused by us while doing so in the event the deinstallation is faulty. However we will not be required to make good any damage caused to your property that has occurred in the ordinary course of the deinstallation. For the avoidance of doubt, the terms set out in sections 8.2 and 8.4 in relation to the delivery and installation of the product(s) will also apply to the deinstallation and collection of the product(s) where you exercise your right to cancel in the 14-day period following the date of installation.
14.3 If you exercise your right to change your mind within 14 days following the installation of the product(s) to cancel your order, we have the right to deduct an amount up to 100% of the value of the product(s) from the refund given to you if you have engaged in excessive handling of the product(s) which reduces the value of the product(s) at resale or makes them unsaleable. This deduction from the refund will be directly linked to the reduction in the value of the product(s) caused by the excessive handling. This excessive handling includes but is not limited to: (i) customer misuse (eg. causing the arms of the product(s) to become damaged); (ii) leaving the product(s) left out in adverse weather conditions (eg. rain or wind damage); or (iii) leaving the product(s) extended and unattended for long periods which creates the potential for weather-related damage. The product(s) have been fitted with a vibration sensor which is intended to act as a back-up to cause the product(s) to retract if the level of wind goes beyond a certain threshold. However, it is entirely your responsibility to avoid any damage caused to the product(s) by excessive handling and you are not entitled to rely on the vibration sensor to avoid excessive handling/damage to the product(s).
14.4 If you are ending the contract where you have a legal right to end the contract because of something that we have done wrong, the contract will end immediately and we will refund you in full for any product(s) you have paid for that have not been provided or have not been provided properly.
15 OUR RIGHTS TO END THE CONTRACT
15.1 As mentioned above, we have right to cancel the order and end the contract if we determine (in accordance with these terms) that the proposed location for the fitting of the products is unsuitable for the products. In addition, we may end the contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days
of us reminding you that payment is due;
15.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary
for us to provide the product(s) you have ordered;
15.1.3 you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
15.1.4 you do not, within a reasonable time, allow us access to your property to install any products.
15.2 We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.
16 HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 Our privacy policy, which sets out how we handle your personal information, may be found at www.
thomas-sanderson.co.uk/legal/privacy-policy
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under the contract to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract or your legal rights.
17.2 You may not transfer any of your rights or obligations under the contract to another person without our prior written consent. The request must be received in writing to Customer Services, Thomas Sanderson, Colwick Business Park, Private Road No.2, Colwick Nottingham, NG4 2JR.
17.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If we do not insist immediately that you do anything you are required to do under the terms of the contract, or if we delay in taking steps against you in respect of your breaching the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to supply the product(s) you have ordered, we can still require you to make the payment at a later date.
17.5 Each term of the contract operates separately and, even if part or the whole of a term is illegal or unenforceable, the other terms of the contract and the remainder of the term in question shall continue in full force and effect.
17.6 The contract is governed by the laws of England, and you can bring legal proceedings in respect of the product(s) you have ordered or otherwise in relation to the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) ordered in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the Northern Irish or the English courts. Likewise, if you live in the Republic of Ireland or any other EU member state, you can bring legal proceedings in respect of the product(s) ordered or otherwise in relation to the contract in either the courts of the member state in which you live or the English courts.
17.7 If you are not happy with how we have handled any complaint in relation to the contract, you may
want to contact The Citizens Advice Consumer helpline on 08002231133 (Citizensadvice.org.uk)
From time to time at Thomas Sanderson we run promotions and incentives for our products and services. Any Terms and Conditions attached to these promotions can be found using the links below:
Thomas Sanderson Competition Terms & Conditions 2022
Win a Professional Photoshoot Competition Terms & Conditions 2022
Win £2,500 of Window Furnishings Competition Terms & Conditions 2022
Black Friday Terms & Conditions 2022
Winter Sale Terms & Conditions 2022
New Season Event Terms & Conditions 2022
Home Movers Voucher Terms & Conditions 2022
Spring Sale Terms and Conditions 2023
Mid Season Sale Terms and Conditions 2023
Summer Sale Terms and Conditions 2023
Autumn Sale Terms and Conditions 2023
Black Friday Sale Terms and Conditions 2023
End of Season Sale Terms and Conditions 2023
Thomas Sanderson X World of Wallpaper Competition - Terms & Conditions 2024
Homebuilding & Renovating Show 2024
Winter Sale Terms & Conditions 2023
New Season Event Terms & Conditions 2024
Thomas Sanderson English Heritage Competition Terms & Conditions 2024
Mid-Season Sale Terms & Conditions 2024
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