T&C'S  PDF

TERMS & CONDITIONS 

 

This document provides you with important information about our website together with our social media pages and gives you legal terms and conditions in which Mode Blinds (`we` or `us`) sell products and provide a service to you. This information below is provided in good faith and for general information purposes only and Mode Blinds (`we` or `us`) will use reasonable efforts to make sure that the information is correct. 

We request that you read these terms carefully before your order is processed.

 

1. General

1.1 These terms of this ‘contract’ 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.

1.2 Mode Blinds shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this website. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third party. 

1.3 In addition, Mode Blinds will not be liable for any damages to, or viruses that may infect, your computer equipment or any other property, by way of your use of, access to, or downloading of any material from our website www.modeblinds.com  

1.4 The material within this website and social media pages shall remain the property of Mode Blinds at all times. 

You may only reproduce material from our website for your own personal use but we do not authorise this for commercial use. The unauthorised copying, reproduction, commercial exploitation, publishing transmission, displaying, distribution, modification, hiring, lending or broadcasting of our material or content is strictly prohibited. 

1.5 Our website may have third party links to other websites or social media pages which are hosted and maintained by third parties. We have and take no control over the content or security of these websites and pages, as such using these links is at your own risk. We will not be responsible or liable for any loss or damages which may arise from the use of such third party websites. 

1.6 Mode Blinds website uses “cookie” for further information on how these are uses please see our privacy policy at www.modeblinds.com 

 

2. US

2.1 We are Mode Blinds trading as Mode Blinds. 

2.2 To contact us, please see our Contact Us page www.modeblinds.com 

 

3. QUOTATION

3.1 We can only provide quotations for properties you are currently occupying and not those you are in the processing of moving into or buying off plan. We cannot measure from a like for like show home for example or a property that is currently under refurbishment awaiting flooring where you are wanting floor length curtains. There are a number of factors that alter the measurements of made to measure winder dressings and for a precise product it is only best carried out after all other works are complete.

3.2 Quotations are valid for 60 days. 

3.3 Quotations provided by us do not constitute as an order.

 

4. ORDER 

4.1 The order shall be detailed on a written order confirmation summarising the product/s ordered (the “Order Confirmation”) 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 confirmation forms will be sent to you via email or on paper document. 

4.3 If you are unable to receive emails, we will send copies of your order confirmation to you in the post within 5 working days. 

 

5. ORDER CHANGES

5.1 It may be possible to make amendments to your order, to do so please contact us and we will advise if this can be done.  If the change can be made we will advise of any difference in cost plus any potential amendments to installation dates.  If the order has gone into production it will not be possible to make any changes to your order. 

5.2 This also applies to cancellation of your order if the product, where your product has gone in to production it will not be possible to cancel your order and we will not be able to refund your order. 

5.3 In the event of any changes in appropriate law and regulations (as well as technical product amendments) we may be required to makes changes and alterations to the product/s. If the changes significantly effect the performance of the product we will make you aware and you will have the opportunity to cancel the order and receive a full refund for the product/s.   

 

6. PRICE AND PAYMENT

6.1 The order price will be detailed in the order confirmation which will be sent to you via email, electronic copy via message or a paper copy can be sent via post if requested. The price of your order is based upon the size, choice of material and specification of the product/s selected. We may display images on our website and social media pages advertising optional extras which are charged at an additional costs.

6.2 Upon acceptance of the order full payment will be required, a deposit may be accepted depending on the total order value. If a deposit amount is agreed we will request payment of all outstanding amounts before the products are installed.  Failure to pay any outstanding balance will result in the product/s not being installed and removed from the property. Credit isn’t available.

6.3 In the event that outstanding balance is not received by us, we may instruct external debt collectors to collect outstanding monies owed as well as any expenses reasonably incurred by instructing a debt collector. 

 

7. DELIVERY AND INSTALLATION 

7.1 A delivery or supply date or time specified by us is an estimate only. We are not liable for any delays due to manufacturing or any other reasonable delays outside of our control, and in turn we will not be liable to you for any losses incurred by you if we are unable to meet our agreed appointments. Should there be any such delays we will contact you at the earliest opportunity. 

7.2 Our delivery of goods and installation will be at the agreed address as per the order confirmation form. Any amendments to services may require an additional survey to take place and may result in another quotation for additional services. 

7.3 During the installation of your products you will be required to provide us with access to your property and mains electricity in order for us to deliver and perform the service required. 

7.4 Prior to the survey and installation of any products and to ensure a safe work practice for our advisors, we require you to ensure the areas where the works are to be carried out is free of any obstructions, valuable items that could be damaged, other household members and animals. 

7.5 In some instances the supply of products may be delayed by events outside of our control. If this is the case on your order we will contact you as the earliest opportunity to let you know and discuss your options. Only in the event of substantial delays will we look to offer a refund. 

7.6 Once you have paid for the product/s in full, you will own the product/s. 

7.7 In the event of technical problems, technical changes, updates to products or changes in laws or regulatory requirements we may have to suspend the supply of any product/s to you. 

 

8. PACKAGING

8.1 We do not offer a waste disposal service. We will fold down all packaging as well as we can and clean the work area of any dust. You will be required to dispose of any packaging. 

 

9. IMAGES AND OUR PRODUCTS

9.1 Some images on our website/social media pages maybe used for illustration purposes only and may not be actual images of products sold by Mode Blinds. The products may be discontinued or stock images. We may display images from our customers homes, or from media packs and these may not show a true colour or fabric representation despite our best efforts. 

 

10. OUR WARRANTY TO YOU

10.1 We will ensure that any products we supply as part of your order will be as per the items listed in the Order Confirmation.  Any products we supply will be of satisfactory quality and will perform as they have been designed to do so.  We will also ensure that the installation and services provided will be performed with necessary skill and care.

10.2 For a period of 12 months from the date of installation, all products and services will be free from defects subject to full payment being received at installation. 

10.3 If any products are not in accordance with the products warranty you should inform us in writing within a reasonable time of their supply, or becoming aware of the defect. We will arrange a service appointment to inspect the products and discuss the options. Alternatively if a service appointment is not required we will discuss this via other alternative means. You will be required to keep the product and not dispose of it, and where possible we may request that you no longer use the product (where possible) if this is only going to damage the product further. We may require images of the defect and details of the problem. If a defect has been found we will either repair or replace the product/s free of charge providing there has been no misuse of the product or modifications made. 

10.4 In instances where we will need to replace the product as a repair is not possible but the products is either on a substantial delay or discontinued, we will replace this for a like for like product based on the price banding tables.

10.5 In the event we replace faulty goods, we do not accept responsibility to replace non faulty good where there is a mismatch due to colour-fading, and furthermore we will not replace non faulty goods due to changes on specifications on the replaced product. 

10.6 Whilst every attempt is made to ensure match the products sold to you as per the samples supplied and described 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 The warranty is for the original purchaser only and is not transferable. Please retain your Order Confirmation or Technical Order Confirmation Form to identify your purchase in the unlikely event of needing to claim under any part of the warranty.

 

11. YOUR LEGAL RIGHTS

11.1 We are legally obliged to provide goods and services as per the agreed contract. Non-conformity of the terms will not effect your legal rights.

 

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 give us the opportunity to collect the rejected product at a mutually agreeable date and time. 

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 Our liability is not excluded or limited in anyway where it would be unlawful to do so.    

13.2 During the installation it may be necessary to make holes in the fabric of the structure of your property, we will take every care during installation though we are not liable for any unforeseen damage when products are subsequently removed by you.  The survey we provide at your address is in relation to the products and services we provide and does not include any structural review,  we would not be liable if damage is caused by existing structural or other defects of your property.  You are responsible for ensuring the that the installation of the products does not contradict or breach any leasehold, planning regulations or warranties that you may hold.

13.3 Our products are supplied for domestic and private use. We are not liable for any loss of profit, loss of business, business interruption or loss of business opportunity if the products are used for any commercial, business or re-sale.

13.4 We will not be responsible for damage, loss, injury, cost or expense experienced by you as a result of negligence or wilful misconduct by you or by breach by you of your obligations under the contract. 

13.5 For loss or damage that you suffer as a foreseeable result of us breaching the contract or not taking every care we will be responsible, though we are not responsible for damage or loss that is not foreseeable. Foreseeable damage or loss is if it is obvious that it will happen or we and you both knew it would happen when the contract was made, for example if you made us aware during the survey. 

13.6 For any instances where we are unable to or are delayed in performing any obligations as agreed within the contract we will not be liable if this is due to any cause beyond our control, this includes; an act of God, explosion, flood, fire or accident; civil disturbance or war; strike, stoppages of work or industrial action; any form or government intervention; any third party act or omission; or if you provide us with an incorrect delivery address or don’t notify us of a change of address. 

13.7 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 of our products are bespoke to you and made-to-measure to your requirements. As a result, they fall into the category of bespoke 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.

 

15. OUR RIGHTS TO END THE CONTRACT

15.1 We can end the contract at any time, by writing to you, if;

payment is not made to us when it is due or you do not make payment within 14 days of us reminding you that payment is due;

15.1.1 you do not provide us with information required, within a reasonable time of us asking, which is essential for us to provide the product/s you have ordered;

15.1.2 you do not allow us to deliver the product/s ordered to you; or

15.1.3 you do not allow us access to your property to supply any services or products

15.2 As per the situations detailed in 15.1 if we end the contract we will not refund any money you have paid in advance for the product/s as the the product is bespoke and made to measure to your requirements, we may also request payment for any outstanding monies if a deposit was taken when the contract was formed. 

15.3 If the product you have ordered cannot be provided we will contact you, we will either supply an alternative product or refund you for the product we cannot provide.

15.4 All terms of the contract shall cease in the event of the contract ending for any reason, unless the term can reasonably inferred as continuing or is clearly stated to continue.

15.5 Your or our accrued rights shall not be effected by the contract ending. 

 

16. HOW WE USE YOUR PERSONAL INFORMATION

16.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. www.modeblinds.com 

16.2 We may pass your details onto an independent third party if required for dispute resolution.

 

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under the contract to another organisation.

17.2 If you wish to transfer any of your right or obligations under the contract you must first request our prior written consent. This request must be sent in writing via email to info@modeblinds.com 

17.3 The contract is between you and us. No other person has any rights to enforce any of its terms.

17.4 If we do not ask you to do something immediately that you are required to do under the terms of the contract or if we decide to postpone taking action against you in relation to breaching the contract does not mean that you do not have to do those things and it will not mean that we cannot take action against you at a later date. For example if we supply a product without collecting the outstanding balance we will still require you to make a payment to settle the balance.

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 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. 

17.7 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 British Blind and Shutter Association (BBSA), The Citizens Advice or your local Trading Standards office.

 

18. Child Safety

Safety regulations are in place to reduce the risk of small children being harmed or killed by strangulation by looped blind cords.  All blinds need to be fitted with the appropriate safety devices to ensure these regulations are met. If during the fitting of the blind or curtain you refuse to have any safety device fitted we will be unable to complete the fit and we may be required to take down any part of the blind or fittings that have already been installed.  You will still however be liable for the full cost of the goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take the delivery of the Goods.  For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty.

 

19. DISCOUNTS

19.1 Mode Blinds may offer discounts and money off vouchers which must be claimed at the time of order. 

19.2 These are not exchangeable for cash and and paper vouchers have no cash value. 

19.3 Offers may be subject to a minimum order value and expiry dates. 

19.4 Each voucher and offer may have its own individual terms and conditions stated on the voucher or associated mailing such as social media page, local advertising or webpage. 

19.5 Discounts may not be redeemed against any other outstanding monies owed. 

19.6 Unless stated vouchers cannot be used in conjunction with any other offers or sale events. 

19.7 One voucher per household and all offers are subject to availability. 

19.8 Mode Blinds reserves the right to amend, withdraw or extend any offer without prior notice.

 

20. SOCIAL MEDIA

20.1 Here you will see how we use social media, competitions, sharing things with us, acceptable use and engaging in our pages. 

20.2 Our pages and content on our feed are operated by Mode Blinds and no external third parties. 

20.3 You may only use our pages for lawful content and purposes and not:

• in anyway that is unlawful or contains anything unlawful

• is in anyway fraudulent or contains anything fraudulent

• breaches any local or national legislation or laws

• is for the purpose of causing harm or the attempt to harm any person of any way

• for any unsolicited transmission, unauthorised advertising or promotion of any other material classified of spam

• to knowingly transmit any data, upload or send information that contains viruses, keystroke loggers, spyware, adware or harmful programs or code designed to adversely effect the operation of any computer (including mobile phone) software or hardware.

20.4 Contributions to our social media pages (and subsequently our website) must not:

• Be abusing, cause harm, threaten, violate our rights of privacy or impersonate any personate or entity

• Advertise or sell good or services

• Advertise businesses of which would be deemed competition

• Post personal information about yourself or others (such as your contact details; address, tel no, email)

• Post false information 

20.5 We have the right to moderate posts on our social media pages and remove content that does not comply with the above. We don’t guarantee all posts remain on our pages indefinitely although by posting to our pages you are providing free rights for us to use this content freely indefinitely, including modifying posts, using the posts across one media platform to another, and sharing repeatedly. 

20.6 By submitting content on our pages, you are permitting us free license to use.

 

21. OUR LIABILITY 

21.1 The material displayed on our pages is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we exclude our liability for such material that we display on our pages.

21.2 Access to our pages is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our pages without notice. We will not be liable if for any reason our pages are unavailable at any time or for any period.

21.3 Where you use the platform’s "like/follow/subscribe" button on our pages, you are consenting for us to provide you with information about our products and services irrespective of whether you have previously contacted us and opted out of marketing. This information will be provided by way of updates from our pages. Where you no longer want to be provided with this information please "unlike/unfollow/unsubscribe" from our pages.

 

22. VIRISUS AND HACKING

22.1 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our pages or to your downloading of any material posted on them, or on any website/s linked to them.

 

23. COMPETITIONS

23.1 The promoter is Mode Blinds. 

23.2 Competition are open to residents of Halifax (HX1- HX7) and Brighouse HD6 United Kingdom ONLY, aged 18 years or over except employees of Mode Blinds and their close relatives.

23.3 There is no entry fee and no purchase necessary to enter our competitions.

23.4 By entering our competitions, an entrant is indicating his/her agreement to be bound by these terms and conditions.

23.5 Route to entry for the competition and details of how to enter are via https://www.facebook.com/ModeBlinds and https://www.instagram.com/modeblinds   

23.6 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

23.7 Closing date for competition entry will be detailed on the competition. After this date the no further entries to the competition will be permitted.

23.8 No responsibility can be accepted for entries not received for whatever reason.

23.9 The rules of the competition and how to enter are as follows:

23.10 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

23.11 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

23.12 The prize is as follows:

The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

23.13 Winners will be chosen at random by software, from all entries received across all media platforms and verified by Mode Blinds and or its agents.

23.14 The winner will be notified by email and/or DM on Instagram/Facebook within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

23.15 The promoter will notify the winner when and where the prize can be collected / delivered/ installed.

23.16 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

23.17 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

23.18 The competition and these terms and conditions will be governed by [English] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England].

23.19 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

23.20 The winner’s name will be available 28 days after closing date by emailing the following address: info@modeblinds.com 

23.21 Entry into the competition will be deemed as acceptance of these terms and conditions.

23.22 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Mode Blinds and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at www.modeblinds.com 

23.23 Each competition run by Mode Blinds will have its own additional entry requirements for example “You must follow, like and share, and tag at least two friends. If your profile is private you must screen shot and DM your share. 

23.24 Mode Blinds shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.

23.25 Mode Blinds also reserves the right to cancel the competition if circumstances arise outside of its control.

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