T & C`s - Beverley Blinds

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Welcome to the nitty-gritty of our Terms and Conditions! Here at Beverley Blinds, we want to make sure you know exactly what you're getting when you decide to purchase our goods. So, these Terms and Conditions outline everything you need to know about your order, from what’s included in our quotes to your rights as a customer. By placing an order with us, you're agreeing to these terms, and we’re here to make the whole process as smooth and transparent as possible. Let’s dive in!
Terms and Conditions
 
Application and Entire Agreement
 
     
  1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation ("Goods") by the buyer ("you" or "Customer") from Beverley Blinds Ltd, a company registered in England and Wales under number 6058421, whose registered office is at Unit 2, Brindley Road, Exhall CV7 9EP.
    2.  
  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation, or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
    3.  
  3. These Terms and Conditions and the quotation (together, the "Contract") apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
 
Interpretation
 
     
  1. A  "business day" means any day other than a Saturday, Sunday, or Bank Holiday in England and Wales.
    2.  
  2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
    3.  
  3. Words  imparting the singular number include the plural and vice versa.
 
Goods
 
     
  1. The description of the Goods is set out in our sales documentation unless expressly changed in our quotation. By accepting the quotation, you acknowledge that you have not relied upon any statement, promise, or representation about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
    2.  
  2. We can make any changes to the specification of the Goods required to conform to any applicable safety or other statutory or regulatory requirements.
 
Price
 
     
  1. The price ("Price") of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
    2.  
  2. If the cost of the Goods to us increases due to factors beyond our control,  including but not limited to material costs, labour costs, exchange rates,  duties, or delivery rates, we may increase the Price prior to delivery.
    3.  
  3. Any  increase in the Price under the clause above will only take place after notifying you.
    4.  
  4. You may be entitled to discounts, which will be at our discretion.
    5.  
  5. The Price is exclusive of fees for packaging and transportation/delivery.
    6.  
  6. The Price is exclusive of any applicable VAT and other taxes or levies imposed by any competent authority.
 
Cancellation and Alteration
 
     
  1. Details of the Goods described above ("Goods") and set out in our sales documentation are subject to alteration without notice and are not a contractual offer capable of acceptance.
    2.  
  2. The quotation (including any non-standard price negotiated in accordance with the Price clause above) is valid for 30 days from the date shown unless expressly withdrawn earlier.
    3.  
  3. Either party may cancel the order for any reason prior to acceptance or rejection of the quotation.
 
Payment
 
     
  1. We will invoice you for the Price either:
    2.  
        
    • On or at any time after delivery of the Goods; or
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    • Where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after notifying you that the Goods are ready for collection or delivery was attempted.
      •  
     
  2. You must pay the Price within 20 days of the following month of our invoice or as per any agreed credit terms.
    3.  
  3. Payment must be made even if delivery has not occurred and/or title in the Goods  has not passed to you.
    4.  
  4. If payment is not made within the specified period, we may suspend further deliveries and charge interest at 4% per annum above the Bank of England base rate on the outstanding amount until paid in full.
    5.  
  5. Time for payment is of the essence in this Contract.
    6.  
  6. Payments must be made within 20 days of the following month unless otherwise agreed in writing.
    7.  
  7. All amounts due must be paid in full without deduction or withholding, except as required by law. No party may assert any credit, set-off, or counterclaim to justify withholding payment.
 
Director’s Personal Guarantee
 
     
  1. As part of these Terms and Conditions, any director(s) of the Customer hereby agree(s) to personally guarantee the obligations and liabilities of the Customer under this Contract. This personal guarantee is unconditional, irrevocable, and will continue until all obligations have been fully discharged.
    2.  
  2. In the event of the Customer’s default, the director(s) shall, on demand,  indemnify and hold harmless Beverley Blinds Ltd for all losses, costs, and expenses arising from the default.
 
Delivery
 
     
  1. We will arrange for the delivery of Goods to the address specified in the quotation, order, or as otherwise agreed in writing.
    2.  
  2. If no delivery address is specified, or if agreed, you must collect the Goods from our premises.
    3.  
  3. Delivery  may occur at any time between 8am and 8pm and must be accepted during these hours.
    4.  
  4. If you do not take delivery of the Goods, we may: a. Store the Goods and charge for associated costs (e.g., storage, transportation, insurance); b. Arrange redelivery at your expense; or c. Resell or dispose of the Goods after 10 business days and charge you for any shortfall below the original Price.
    5.  
  5. If redelivery is not possible, you must collect the Goods, and we may charge for associated costs.
    6.  
  6. Delivery dates are approximate and not of the essence. We are not liable for delivery delays caused by circumstances beyond our control or your failure to provide adequate instructions.
    7.  
  7. Goods may be delivered in instalments, invoiced separately. Delays or defects in instalments do not entitle you to cancel other instalments.
 
Inspection and Acceptance of Goods
 
     
  1. You must inspect the Goods upon delivery or collection.
    2.  
  2. Damages or shortages must be reported in writing within 14 days of delivery.
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  3. Returned Goods are accepted only if defective, subject to our inspection.
    4.  
  4. Defective Goods may be repaired, replaced, or refunded.
    5.  
  5. We  are not liable if: a. You fail to notify us as required; b. Further use of the Goods occurs after giving notice; c. Defects arise from improper use,  storage, or maintenance; d. Defects result from normal wear and tear,  misuse, or negligence.
    6.  
  6. You bear the risk and cost of returning Goods.
    7.  
  7. Acceptance is deemed upon inspection or after 14 days post-delivery.
 
Risk and Title
 
     
  1. Risk in the Goods passes to you upon delivery completion.
    2.  
  2. Title passes only after full payment in cash or cleared funds for the Goods and any other due amounts.
    3.  
  3. Until title passes, you must: a. Hold Goods as our bailee; b. Store Goods separately and maintain their condition; c. Keep Goods insured at their full price.
    4.  
  4. If Goods are not resold or incorporated into another product, we may require their return and may enter premises to recover them.
 
Termination
 
     
  1. We may terminate the Contract if: a. You breach material obligations; b. You become subject to insolvency proceedings; c. You enter voluntary liquidation or similar arrangements.
 
Limitation of Liability
 
     
  1. Our liability is limited to the terms set forth in this section.
    2.  
  2. All warranties and conditions implied by law (except those under section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted.
    3.  
  3. Liability for non-delivery is limited to replacement costs of similar goods.
    4.  
  4. Total liability does not exceed the Price payable.
    5.  
  5. We are not liable for indirect losses, business interruption, or failures beyond our control.
    6.  
  6. Liability  exclusions do not apply to death, injury, fraud, or illegal matters.
 
Communications
 
     
  1. Notices must be in writing and signed by an authorised party.
    2.  
  2. Notices are deemed delivered: a. Upon courier delivery during business hours; b.   Upon email receipt; c. Five business days after mailing; or d. Ten business days for international airmail.
    3.  
  3. Notices must be addressed appropriately.
 
Data Protection
 
     
  1. When providing the Good to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
    2.  
  2. The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
    3.  
  3. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’,   ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
    4.  
  4. The Seller shall only Process Personal Data to the extent reasonably required to enable to provide the Goods as mentioned in the terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purpose.
    5.  
  5. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors, or advisors on a strict  “need to know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent  required by applicable legislation and/or regulations.
    6.  
  6. The Seller shall implement and maintain technical and organisational security  measures as are required to protect Personal Data processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection is specified in its Data Protection Policy, which can be found on our website. For any queries or complaints regarding data privacy, you can email: support@beverleyblinds.co.uk.
 
Circumstances Beyond the Control of Either Party
 
     
  1. Neither party shall be liable for any failure or delay in performing their obligations where such failures or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action, or any other event that is beyond the control of the party in question.
 
No Waiver
 
     
  1. No  waiver by us of any breach of these Terms and Condition by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
 
Severance
 
     
  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
 
Law and Jurisdiction
 
     
  1. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
 
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