Terms & Conditions
1.GENERAL
In these conditions, ‘the seller’ means ‘Shutters4U' and ‘the buyer’ means the person, firm or company placing an order for goods or services which are subject to these terms and conditions which are not variable except writing signed by the seller.
If any of these conditions are held to be invalid or unenforceable, it will not affect the remaining conditions.
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2. SURVEY & QUOTATIONS
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All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. The deposit receipt will be regarded as the offer and the seller’s order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the seller.
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All estimates are quoted without commitment and are subject to alteration or withdraw by the seller without prior notice. Prices included are inclusive of delivery and installation.
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All parties noted on the contract and subsequent technical survey documents as buyers, are jointly and severally responsible/liable for the acceptance, conclusion and verification for the substance of the contract, including but not limited to the details expressed on all documents. All buyers must read the Terms and Conditions. No liability is accepted by the seller whereas the specification, colour, configuration and operation, as detailed in writing on any company document signed by the buyer is challenged by the buyer post survey. The survey will be completed by our surveyor. The surveyor’s documentation forms part of the contract between both parties and is the final technical stage before manufacturing and installation. Any changes must be confirmed in writing by the buyer and must be reflected in the invoice before any deposit is paid.
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To full expedite the contract an installation team will need to install the product and, if necessary, any follow up visits to complete snagging. The process of survey, install and snagging is a necessary part of the contract you are placing and as such will require you to be at your property during working hours to facilitate all parts of the process, at no point does City Shutters offer or agree to compensate you for such time required even if the project is delayed for any reason whatsoever. Snagging does not entitle the buyer to request any form of monetary compensation
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A surveyor will ascertain the feasibility of the installation. Inspection will be confined to those areas which directly relate to the proposed installation. Defects or damage existing before the installation or thereafter are not the responsibility of the buyer unless directly attributable to the work done. the buyers signature on the survey form signifies their acceptance of the design and specification of their proposed shutters as well as an acknowledgement of any defects that may currently be present. Any request for changes must be made in writing and if ordered will be detailed on the invoice.
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Any illustrations in brochure, leaflets, marketing materials or websites are for the buyers guidance only. They do not necessarily represent the product that will be supplied as it is not possible to show all the different manufacturing options available.
3. DELIVERY
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Delivery times stated are estimates only. Whilst every effort is made to ensure accuracy the seller cannot accept responsibility for consequential loss or damage arising out of delay or failure to deliver by the specified date. Due to the unpredictable nature of international shipping, all lead times are estimated and cannot be guaranteed.
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If your delivery has been delayed due to an event outside of our direct control, we will do everything we can to ensure that it is installed at the earliest possible opportunity. However, as lead times are only ever given as a ‘best estimate’ The buyer will not be entitled to any discount or compensation amount should your order arrive later than originally expected.
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The estimated delivery period may increase under the following periods/ scenarios;
1. During a promotional period
2. Requirement for CAD drawings, which require review and sign off.
3. Unprecedented scenarios outside of its control including but not limited to:
Pandemic, illness, war, infrastructure damage or natural disaster, traffic, shipping and logistics delays
4. Holiday periods such as Chinese New Year and Christmas Holidays will also increase estimated delivery times by as much as an additional 8 weeks. -
Upon receipt of notice that the goods are ready for installation by the seller, the buyer shall accept an installation date within 4 weeks of this notice. If for whatever reason, the buyer is unable to agree an installation date within this timeframe, the full balance will be payable within 7 days of this notice and storage costs will be charged to the buyer at £7 per day inclusive of VAT or the buyer can elect to store the products at their own premises.
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The seller takes full responsibility for the delivery of your shutters prior to installation. Once the goods have been delivered and / or installed, and the buyer has acknowledged as being either in good condition or unchecked, the seller cannot accept responsibility for any damage to the goods post-delivery or installation.
4. INSTALLATION
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The Buyer acknowledges that accurate measurements of the windows are essential for the successful fitting and installation of shutters. The Seller undertakes to take precise measurements of the windows prior to manufacturing and installation. Any subsequent changes made to the windows after the final measurements have been taken, whether by the Buyer or any third party, shall be at the sole risk and responsibility of the Buyer - Examples of but not limited to include new plastering, the additional of new window handles, the removal or addition of a window board, window flashing or alarm systems.
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The Seller shall accept no responsibility for any fault, misfit, or non-compliance of the shutters due to the altered window dimensions and the buyer shall bear any remake cost. It is the Buyer's responsibility to ensure that no alterations are made to the windows once the final measurements have been confirmed.
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Cancellation of an agreed installation date by the buyer with less than 48-hours’ notice, will incur a charge of £150, which must be paid prior to the rescheduled fit date.
18.2 Should the seller arrive to install having agreed an installation date, and be unable to install due to other works or obstructions, the buyer will incur an additional charge of £180 per man, per day for any rescheduled installations regardless of the amount of work remaining. Payment for this charge must be made 72 working hours in advance of the rescheduled installation. -
All goods should be fully inspected prior to installation. The buyer must check that the shutters are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer is not present at the installation address.
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The buyer must check that shutters are to agreed colour-way prior to installation. The seller cannot guarantee precise colour matching against samples, our products are made from a natural material. Minor imperfections not readily apparent at a distance of four feet under ordinary light will not be accepted as defects. Colour matching of finishing products (eg paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.
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The itemised invoice is considered the statement of work. All styles, panel operation elements and colours within this invoice is what the seller will be delivering. It is the buyers responsibility to check that these are correct and aligned to choices before a deposit is made.
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The seller does not undertake to move obstructive services, fixtures or fittings which are ancillary to the basic structure of the property e.g. radiators, pipes, electricity, telephone and television cables or points, satellite cables and receivers unless specifically stated on the order. Every endeavour will be made to fit around telephone, television, satellite cables and receivers but no responsibility will be accepted for any damage caused provided there has been no negligence by the seller.
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The seller will not be responsible for the removal or disposal of any existing window coverings such as curtains, curtain rods, runners, blinds, shutters or any other type of window covering or fixture that will require removal to facilitate the installation of the new shutters.
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It is the buyers sole responsibility to arrange for existing window coverings and fixtures to be removed prior to installation. Failure to remove these prior to installation may force the cancellation of the installation with additional charges due before it can be rebooked. The seller may agree to do this work either at survey or at the time of installation. Additional charges may apply and this type of work will only be carried out at the seller’s discretion.
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It is the buyers responsibility to ensure work area is free from any obstructions or buyer property that could be easily damaged whilst carrying out the installation. This could include but is not limited to items of furniture, light fittings, ornaments, rugs, pictures, etc. etc. The seller will not be responsible for any damage to the buyers property that was not moved away from the working area prior to installation. It is not the seller's responsibility to identify or remove any items that may be damaged prior to installation.
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Should obstructions not be moved, the buyer reserves the right to charge for additional hours of fitting labour contracted for the day of installation or for the labour contracted for the day.
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Shutters will be fitted taking into consideration structural integrity as a priority. Shutters will be fitted to either masonry, plasterboard, window frames directly or where required, tiled surfaces - Our fitters will make this decision on the day of installation after an evaluation of the work area. Our shutter frames are designed around fitment to your windows and uniformity will be prioritised for windows that require different fitments.
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When variations occur in existing plaster lines, or on uneven/ bowed sills and the dropping of sills of bay windows, The buyer cannot warrant that equal sub frames will be visible all round and shadow gaps, caulking and battening will be affected.
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Where skirting board or door cills needs to be cut to accommodate shutter frames, it is assumed that the flooring continues underneath the skirting board / door cills, unless otherwise advised by the buyer and this will be noted on the survey form.
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The seller will make good any damage caused during installation of plaster, floor, rendering or brickwork immediately surrounding any window or door. This may include filling holes but will not cover the repainting of walls or surrounds.
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Caulking: In most cases, our shutters are caulked in. Caulking naturally dries to a darker colour than when originally supplied, and depending on the temperature in the room, can be susceptible to cracking. Should cracking occur, this is seen as a maintenance issue and should be addressed by the buyer.
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Frames: Different windows and doors may require different styles of frames to be used in order to achieve the best appearance and most secure fixing. The seller reserves the right to use the most appropriate frame for any specific window or door, to secure the best look and the most secure fixing. This may mean that a variety of different frames are used within the same premises.
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Trims. Where gaps are too wide for caulk, we will use flat timber trims up to a variety of widths. These will be in the same finish as the shutters and in some cases, will not be ‘mitred’ or ‘scribed’ in. The installation of these items will be done solely at the installers discretion to achieve the best aesthetic result.
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If The buyer is not on site when the property is surveyed or installed, the shutters will be fitted in accordance to our standard practices, unless agreed prior to confirmation. If the buyer chooses to install against our recommendations, then liability will be that of the buyer.
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5. BUYERS LIABILITY
All goods are sold to the buyer on the following conditions.
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Under no circumstances does the seller accept liability for consequential Ioss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to half the value of the actual shutter frame from which the claim arises.
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The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the seller, other installation and uses are the risk of the buyer.
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Due to the high quality of our product (solid hardwood), the opening and closing operation of shutter panels of over a height of 1.8m or bi-fold (two or more connecting shutter doors) may be impacted due to the weight underpinning the hinges and may require minor lifting in and out of the frames when opening and closing.
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Since our products are made to measure, no cancellation or modifications can be accepted once an order has been agreed and the deposit paid. The buyer will be liable for the full value of the order.
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In the event of breakage or damage to the property, we will notify the buyer immediately and set out steps to remedy the situation. Similarly, if at the end of a job the buyer is dissatisfied with any aspect of the service, they must inform the seller as soon as possible. Buyers must allow the seller to affect a remedy using our own tradespeople and under no circumstances will the seller be held liable for the costs of reparations by third parties that have not been expressly agreed to in writing.
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In the event of imperfections or visible damage, the buyer must inform the seller of these as soon as possible to set out steps to assess and rectify with our factory. The buyer must allow the seller to affect a repair using our own tradespeople. If the repair / imperfection is not visible at a distance of four feet under ordinary light, this will not be accepted as a defect.
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If you raise a claim or issue regarding the installation services, the buyer must allow the seller access to review the installation services/products and to take photographs of any alleged damage or poor quality of work.
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Installations will be carried out as a whole per order in a single installation phase. Should the buyer wish to carry out a phased installation process, it is at the sellers discretion to do so. We require as much notice as possible for this to be considered and further charges may be applicable.
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Blackout tolerance levels: Due to shutters being an operational window dressing with moving slats and panels, our shutters do not offer a 100% light blackout level. Louvres, especially those manufactured in wood or other natural materials, will by their very nature not lie totally flat with one another. There will always be light bleed between the louvres as well as between the panels and frames This is not a defect in the product. None of our products are offered or described as ‘blackout’ and some light ingress is to be expected.
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Our shutters are covered under our 10 year warranty details of which are available on request. All products sold in line with the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013.
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If the client is not on site when property is surveyed or installed the shutters will be fitted in accordance to our standard practices unless agreed prior to confirmation.
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During and or on completion of installation of shutters the seller may take photographs of the installation and area surrounding the window/door for quality control, which may be reviewed by all parties should a quality control matter be forthcoming.
6. RETENTION OF TITLE
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The goods shall remain the property of the seller until full payment has been received (each order being considered as a whole) or until prior resale in which case the beneficial and legal entitlement of the seller shall attach to the proceeds of the resale or to the claim on those proceeds.
7. PAYMENT TERMS
Our standard payment terms are as follows:
1st Payment: 50% Deposit on Order
2nd Payment: 50% Final Balance Prior to Installation
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Shutters will not be put into production until a deposit of 50% of the total order value has been received.
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Final payment (the remaining 50% of the total order value) shall be made by the Buyer, to the Seller at least 72 hours
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Final payment will immediately become due once an installation date has been agreed by both parties. If payment has not made at least 72 hours prior to the agreed installation day, the seller has the right to cancel the installation until payment is made.
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If the installation was cancelled due to non-payment, and final payment has still not been made 7 days after the original agreed installation date, the buyer, without prejudice to any other right or remedy available, becomes subject to interest on the amount unpaid at the rate of 5% above the current Bank of England base rate.
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If customers cannot accept an installation date within 3 weeks of the date offered, they will become liable for costs associated with storing the items at £10 per day or may choose to store the goods at their own premises.
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Buyers claiming zero rated or reduced rates of VAT do so on the understanding that the buyer has reached agreement with HMRC and the liability rests with the buyer. Any claims for VAT made on the seller by HMRC shall be reimbursed by the buyer. Buyers with reduced VAT rates must provide written confirmation.
8. Manufacturer Warranty:
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All the sellers shutters warranties are manufacturer backed and are subject to the manufacturers’ conditions. For details on specific warranties for specific shutter ranges please contact the seller.
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We provide a warranty that on delivery and for a period of 10 years from delivery, the Goods shall be in accordance with our Warranty held here.
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In regards to the Fauxwood UK product(s) the associated warranty for these products will be for a period of 10 years from delivery. This warranty will be in accordance with the separate warranty information provided.
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Some of our products are made from a natural material, namely wood, and as such there may be some minor imperfections which are not readily apparent at a distance of four feet or under ordinary light and no such imperfections shall be accepted as defects of the products. We reserve the right to determine, at our sole discretion, whether a minor imperfection on any of our products is to constitute a defect.
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During the warranty period the warrantied items will be repaired or replaced (subject to acceptance by the manufacturer that this is a warranty issue), free of component charges but subject to a labour charge (if the product was installed over 12 months previously)
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If the shutters or blinds are defective, these will be replaced under manufacturer warranty free of charge. This will be manufactured and shipped by the same transportation as the original order.
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Please note warranties are limited and vary from manufacturer to manufacturer and should you require specific information about the warranty on a specific shutter range or other window covering please contact the seller.
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The warranty offered shall not apply if:
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If the total price for the goods and installation has not been paid, or:
In respect of any defects arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the sellers maintenance instructions, misuse or alterations or repair of goods other than by the seller. -
This manufacturer warranty does not confer any right other than those expressly set out above and does not cover any claims for consequential loss or damage. If the buyer calls out the seller to claim under the manufacturer warranty, but the damage or defect is not covered by the manufacturer warranty or redress rights, the seller shall be entitled to charge the buyer the reasonable cost of such a call out.
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Apart from general maintenance which is to be carried out by the buyer such as adjusting hinges or recaulking shutters, for example, all other repairs must be undertaken by the seller. Failure to adhere to this could result in the manufacturer warranty being invalid.
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The buyer must check the shutter and blinds are in accordance with colour samples prior to installation. The manufacturer does not warrant precise colour matching against samples: most of our products are made from natural materials. Minor imperfections not readily apparent at the industry standard distance of six feet under ordinary light will not be accepted as defects. Colour matching of finishing product e.g. paints or stains cannot be warrantied although every reasonable effort will be made to ensure the accuracy of the finished product. Different paint types will look different and can also be affected by the light. Custom colour is more susceptible to colour differentiation between swatch and finished article.
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The goods are not warrantied against fading or darkening especially as a result of exposure to sunlight where fading or darkening may occur. Our goods are not warrantied against extreme damp or variable conditions unless a Waterproof product has been purchased.
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We reserve the right to withdraw any products and colours at any time without prior notice and cannot be held responsible for any consequences caused by the withdrawal of such products.
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The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the seller; other installation and uses are at the risk of the buyer.
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Minor cracking can occur in the paint, and this is more likely with wood shutters where expansion and contraction of the wood can lead to minor cracking between the stile and the rail. This is not a defect and the warranty will not cover instances of this occurring.
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Large panels or bi-folding panels may sag a little when folded out of the frame and may require a slight lift to place back in the frame. This may especially be the case with large and/or MDF/ Composite based panels which are heavy by nature. This is not a defect in the product.
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Midrail heights or control split heights may vary from the height specified by up to half a louver’s width i.e. a 76mm louver may see a 38mm variation in the height specified. This is so that the manufacturer can make the rail sizes as small as possible and maximise the number of louvres within the panel.
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Incorrect specification or damage: Should a product supplied by the seller be supplied and be subject to one of the following conditions, then the seller will have the product in question re-made and freighted via express delivery method.
Wrong specification (not as detailed on the invoice)
Wrong size – due to error by the seller and not due to changes made in the buyers premises post home consultation. -
If you have purchased painted product the following after care instructions must be followed to validate your manufacturer warranty. Clean your frames using a mild detergent, warm water and a soft cloth, baby wipe or sponge. Under no circumstances should chemicals or abrasives materials be used. The cleaning interval should be determined by the amount of soiling and not exceed 6 months in a normal environment. If the frame has become damaged and touch up materials have been used the areas coated in these materials are expressly excluded from the manufacturer warranty.
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In the interest of efficiency when dealing with any query, written notice of such query must be given to the seller.
b) The buyer shall grant the seller access to the property to remedy any complaint for which it may be liable. -
The warranty is not transferable.
9. OUR RIGHTS TO MAKE CHANGES
We may change the specification of any of the product(s) you have ordered:
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To reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements. These changes will not affect your use of such product(s).
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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
10. YOUR RIGHTS TO MAKE CHANGES
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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 and if any further charges apply.
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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.
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If your order has already been put into production the order cannot be changed.
11. YOUR RIGHTS TO TERMINATE THE CONTRACT
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We will accept the cancellation of your order once placed as long as your notice of cancellation is received within two working days starting with the date your order is placed.
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Our preferred method of cancellation is by email to info@shutters4u.co.uk or by telephone 0203 451 7153 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.
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Cancellations outside of this period may be accepted and refunded at the sellers discretion, but in most cases, will result in the forfeiture of any payments already made by the buyer.
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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 you will not therefore be able to cancel your order for any product(s) once they enter the production phase (typically 48 hours after the initial deposit has been paid)
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This will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty.
12. OUR RIGHTS TO TERMINATE THE CONTRACT
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We may end the contract at any time by writing to you if:
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The buyer does 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;
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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;
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You do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or
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You do not, within a reasonable time, allow us access to your property to supply any services.
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If we end the contract in any of the situations set out 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.
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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.
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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.
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The contract ending for any reason shall not affect any accrued rights of you or us.
13. JURISDICTION
Contracts with the seller shall in all respects to be constructed and operate as a contract made in England. The buyer and the seller hereby accept the exclusive jurisdiction of the English or European Courts in relation to any dispute which may arise out of or in connection with the contract for the goods supplied thereunder save that either party to the contract may refer any dispute thereunder to the tribunal of arbitration of the London Chamber of Commerce.
12. CALLS MAY BE RECORDED
Calls may be recorded for training and quality purposes. Recordings will be paused when payment details are provided over the phone for security purposes.