• TERMS & CONDITIONS 
  

1. Interpretation

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 can’t sign the contract.

3. Cancellation of Order.

3.1 You have the right to cancel any NON-Bespoke goods. This right can be exercised by delivering or sending notice to us at the contact details set out on the Order at any time within 14 days starting with the date of receipt of this cancellation notice is deemed to be served as soon as it is posted or sent on. In case of Email from day it is sent. If the Work on the order has begun, with your written agreement, before the end of the cancellation period, you may be required to pay for any work undertaken or any goods or services supplied. Custom orders made bespoke to your window sizes, cannot be cancelled and by signing the contract you will instruct us to manufacture the Goods within the usual 7 day cooling off period. Full terms of payment will apply.

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 We require a deposit/payment of up to 100% of the Order value to be paid on date of order. 

4.3 Any deposit paid is non-refundable, should the order for Goods be cancelled within terms outlined in 3.1 

4.4 All goods should be paid in full once installation date is booked. Goods will not be fitted until full payment is paid. We cannot install or deliver Goods if the payment has not been made. We hold the right to remove any goods that have not been paid for and will only re fit these once payments has been made in full. Plus a refitting fee of £38 PLUS VAT per Blind/Shutter/Curtain etc. 

4.5 The Order Form will give details of the payment terms for your Order. We will debit the Price from your debit / Credit card if you have supplied us with your card details ( we do not store your credit card details on file or share with any other companies), but we will not do so until we dispatch the Goods to you or the Goods have been fitted to your window. If you have paid a deposit / part payment, this will be deducted from the final payment.

4.6 We do not accept cheque payments. Payments can be made by Cash, Credit / Debit Card, or BACS payment to :

Sort Code: 04-06-05 Account No: 17451008. 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 within 14 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 up to 8-16 weeks to Deliver. We will advise you of an approximate date for these special Goods, but I understand the dates are not term of contract.

5.2 We will not be liable for late installation dates, or penalty fees from any order without Burgh Blinds N Shutters authorised personnel signing that contract with the customer.

5.3 Occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.

5.4 Any order which Out of Stock is, 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 won’t 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.

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.

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 sales@burghblindsnshutters.co.uk 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 will be one year. Call outs to repair outside warranty will be charged at £35.00 plus Vat.

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.

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 out with 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 cover 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.

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. Obstructions

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.

10. General

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 On fitting all your products packaging will be left for you to dispose of. This will consist of protective tubes, cardboard and plastic packaging. 

10.4 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.

10.5 These terms shall be governed by Scots Law, and we both agree to the non exclusive Jurisdiction of the Scottish courts.