Your contract is with Zone at Home Ltd (we, us, our). We are registered in Scotland under company number SC658790
Our registered Head office is at Suite 10, Dunnswood House, Dunnswood Road, Cumbernauld, Glasgow, Scotland, G67 3EN. Our VAT Registration Number is 346542885
In placing an order with us, it will be necessary for you to submit personal information. We take your privacy very seriously and will treat all of your personal information in accordance with UK data protection law.
TERMS & CONDITIONS OF ANY SALE OF OUR PRODUCTS
1.1 The definitions in this clause apply in the terms and conditions set out in this document.
‘Goods” means the products that we are selling to you as set out in the Order.
‘Notice of the Right to Cancel” means the cancellation notice set out in the Order.
‘Order” means your order for the Goods as set out overleaf;
‘Terms” means the terms and conditions set out in the document;
‘Writing” or ”Written” does not include faxes and e-mail.
2. Basis Of Sale
2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Goods (”Contract”). Please check the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing by our authorised employees. Please ensure that you read and understand these terms before you sign the Order, because you will be bound by the Terms once a contract comes in existence between us , in accordance with clause 2.3
2.2 Any Samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our books, or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sales of the Goods.
2.3 These Terms shall become binding on you and us when we issue you with the Order and you sign your written acceptance of the Order OR pay the deposit over the phone at which point a contract shall come into existence between us. T & C s and quotation will be sent via post or email in the event you cant sign the contract.
3. Cancellation of Order.
3.1 When ordering your goods you are agreeing to a legal binding contract, whether that be by signed order or over the phone deposit confirmation. All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of tailor-made products under the Consumer Contracts Regulations 2013 and 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.
Cancellations are still possible and a full refund will be issued as long as products or parts of them have not been made. In the event that your goods have already been made we are unable to refund your deposit or balance. Telephone us as soon as possible if you wish to cancel or change an order and we can check if the order has gone into production. We strongly advise that you check the email confirmation of your order to ensure that you have placed the order correctly. If a survey has taken place the order cannot be changed.
4. Price & Payments
4.1 These prices are inclusive of VAT. However, if the rate of VAT charges between the date of the Order and the date of delivery,we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in the new rate of VAT takes effect.
4.2 Any deposit paid is non-refundable, once you sign or we place the order, the order is sent straight to our factory to be manufactured. Should the order for Goods be cancelled within terms outlined in 3.1 then we will refund the amount in full. If the Goods have not been made, no materials / components ordered or cut then we will refund your deposit in full. If the Goods have been started then we will deduct any reasonable costs from this amount, again as stated in 3.1
4.3 If the Goods are not paid for on the date of installation, the Goods will be removed / partially removed until full payment is paid. We cannot install or deliver Goods if the payment has not been made.
4.4 The Order Confirmation will give details of the payment terms for your Order. We will debit the Price from your debit / Credit card accordingly if you have supplied us with your card details, and you have given us permission to do so. If you have paid a deposit / part payment, this will be deducted from the final payment. You can also pay on-line with all major credit cards, debit cards and PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure.
4.5 We no longer accept cheque payments. Payments can be made by Cash, Credit / Debit Card, PayPal, or BACS payment to :
Royal Bank of Scotland. Sort Code: 83-17-31 Account No: 18885277. All BACS payments must be received in our account prior to Installation / Delivery.
5. Delivery & Out of Stock Items.
5.1 We will deliver the Goods to you between Ten to fourteen working days of the date set out on the Order or on a date which we notify you that they will be ready. Any specialist Goods such as Blinds, Curtains & Shutters may take approximately 14 weeks to Deliver. Any delivery or supply date or time specified by us in the Order Confirmation, 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 Bespoke made to measure and may have extended manufacturing and/or delivery periods. Some products, including Curtains, will have a delivery period in excess of 30 days. Shutters may take approximately 14 weeks to Deliver with Customised Shaped/abnormal Shutters taking up to 18 weeks. We will advise you of an approximate date for these special Goods, but the customer must understand the approx dates are not term of contract.
5.2 We will not be liable for late installation dates, or penalty fees from any order without Zone at Home authorised personnel signing that contract with the customer or deposit taken confirming the contract / order.
5.3 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. We require 24 hours’ notice of a cancelled installation appointment otherwise we reserve the right to charge you for the costs of the cancelled appointment.
5.4 Any order which is Out of Stock, we will inform you at the earliest opportunity, and we in return will offer an alternative product or material at our expense, and fulfil the Order in the quickest possible timescale available by prioritising your Order.
We will deliver / Install the Order in instalments, and if required a temporary product will be installed to ensure your service is kept as high as possible.
5.5 If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with the Terms or by an event beyond your control.
5.5.1 we will store the Goods for a maximum of 14 days after you are contacted to state the order is ready. You will be informed by Email, Phone call or Text message to inform you the Goods are ready.
5.5.2 we shall have no liability to you for the late delivery or for Goods stored beyond 14 days. Our Insurance wont cover damage to any Goods stored for a period of time.
5.6 If you have not taken delivery of the Goods within 14 days of our notifying you that they are ready, we may, after giving you reasonable notice in writing, resell or otherwise dispose of part or all of the Goods and after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
5.7 In the event that your final balance payment is not received by us 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 collections agency to collect the monies due from you under the contract. Where we instruct any debt collections agency 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.
6. Tilt & Turn Window Restrictions / Blackout Property Goods
6.1 You acknowledge that were the Goods are fitted to Tilt and Turn Window(s) there will be opening restrictions when the appropriate Goods have been chosen. These windows in the main are Fire Escape windows and should always be treated as such. We will not be held responsible for restricting any window and you are agreeing to these terms. Fire safety laws in the home are your responsibility and you should treat with high importance when choosing were to position your window coverings.
6.2 Blackout blinds / curtains are only sold on the understanding that they are Room darkening products only. We will explain all gaps or light that may shine through the Goods. We will not accept any orders if you do not agree to sign the waiver or if you refuse to agree to these terms whilst placing order over the telephone. No Blackout product is 100% Blackout except Velux range products.
7. Defective Goods and Returns
7.1 You should inspect the goods on Delivery and in the unlikely event that the goods do not conform with these Terms, please let us know within Three days starting with date of delivery. Please Email 2 photos of the damage / defect to email@example.com and we will reply within 24 hours.
7.2 We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the goods are faulty we will:
7.2.1 repair the goods on priority timescale.
7.2.2 replace the Goods
7.2.3 provide you with a partial or full refund.
7.3 Warranty period is one year. Call outs to repair outside warranty will be charged at £10.00
Should any parts be required to rectify any problem you will be charged cost price only. We are here to provide you with the highest level of quality and service and you should always call us if there is a problem.
7.4 These Terms will apply to any repaired or replacement Goods we supply to you only.
7.5 Any Goods which we take possession of for general repair or inspection will be on the condition that we may be unable or refuse to repair any Goods manufactured by us, or another company outwith Guarantee. We will not be responsible for any damage or loss whilst in our possession. We will notify customers with any charge which relates to the repair and this is fully payable on collection or delivery of the Goods.
7.6 All Goods have clearance / allowances in size measurements from the wall or sill to operate effectively.
Most windows are not square so these tolerances must be put in place to ensure the Goods are not damaged.
7.7 All Curtain / Material / Wood products may have slight difference in shading and we cannot replace or repair if deemed to be within reasonable tolerance. Your warranty does not 8cover you for shading differences due to natural sunlight, excessive outdoor light or interior lights.
7.8 All Venetian products are made to face inwards (curved side to inside) If you turn your blinds in the opposite direction, you may not get complete closure and have gaps. This is not a fault, and our fitters will always advise you the correct method of operating detailed below.
7.9 Any claims for partial refund will be to a maximum of 10% of original order value. We may offer product or gift card to resolve any escalated situation.
8. Safety Devices
8.1 We have to comply with the regulation. The regulations have been introduced to help prevent accidental death by way of strangulation to young children or pets, caused by them becoming entangled in blind cords.
We take our obligations under the government regulations extremely seriously. These provide safety devices supplied with Goods, must be fitted by us at the time of installation, Otherwise we may be Negligent or we may be in breach of the regulation. Therefore if the goods contain any safety device we must fit this device and ensure we comply with regulations. In the event that you should instruct us that you do not wish to have such a safety device fitted, then we will refuse to install the Goods. In such an instance you will be liable to pay us the price under the contract.
You agree that you will not treat our refusal to install the Goods for the reasons set out above as a fundamental or any breach of the contract and that you will still be bound under the contract to take delivery of the Goods. For the avoidance of doubt, we consider the above clause to be reasonable, in all the circumstances given our obligations under regulations. This will not affect your legal rights as a consumer in relation to goods when there faulty or not as described.
8.2 No Safety device should be removed or you as the customer will be in breach of these government regulations and laws.
9.1 You must inform us of any obstructions in writing prior to placing the order such as Cables, Asbestos, Flashings, exterior fixings, or walls / plaster that may not hold up the fittings. You cannot cancel an order based on the fact we cannot install the goods due to any restrictions out with our control.
9.2 Any tiling, joinery or plaster work that has been done which may affect the sizes of the Goods, you must inform us immediately or you would be liable for any charge to alter the Goods once manufactured. We will not be liable for any costs involved due to poor fixtures, plaster work or small fractures to tiling due to drilling.
10.1 If Any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the Terms will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
10.2 If we fail, at anytime while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise and of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No Waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
10.3 A person who is not a party to these terms, shall not have any rights under or in connection with it by virtual of jus quaesitum tertio or otherwise.
10.4 These terms shall be governed by Scots Law, and we both agree to the non exclusive Jurisdiction of the Scottish courts.