Terms and Conditions
Terms and Conditions: What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
Where the term “Online” is used in these terms, this refers to our online goods provided by Do It Yourself Shutters Limited
1.1 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.2 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
1.2.1 You are an individual.
1.2.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Do It Yourself Shutters Limited a company registered in England and Wales. Our company registration number is 09268445 and our registered office is at Quayside House, Basin Road South, Brighton and Hove, East Sussex BN41 1WF.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 0745678 or by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You must check that the order details on the email confirmation are correct and advise us immediately if anything is incorrect.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and materials accurately, we cannot guarantee that a device's display of the colours accurately reflects the colouring of the products. Your product may vary slightly from those images. This is because of variations in the natural material used to make the product, tonal differences may look different under different lighting and because the type of monitor used and its display settings affect how colours, shades and tones appear on screen. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a +/-2-4mm tolerance. If an accurate colour matching is required, we recommend that you order a sample from use prior to placing your order. A variation in colour or pattern or material between the delivered goods and the sample, image or description does not entitle you to reject the goods or to claim compensation.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. We shall not be responsible for any incorrect measurements supplied. You can find information and tips on how to measure on our website or by contacting us.
5. Your rights to make changes
If you realise that you have made an error when placing your order or if you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of 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. Once the manufacture has started the production, we will not allow any cancellation or changes to the order. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect any changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you before production has started. If you are not happy with the changes to the products, we can work together to find a suitable solution and if you are still not satisfied, then you may contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6.2.1 Stain or paint finishes;
6.2.2 Hardware of hinges or fittings.
6.3 Due to our next day delivery option, no changes or cancellations, can be made to Perfect Fit Shutters.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website and will be confirmed in your order confirmation.
7.2 When we will provide the products or services. During the order process we will let you know when we will deliver or supply/install the products.
7.2.1 If the products are goods.
(a) Online: Delivery of the products must take place within 2 weeks of the date on which we notify you that they are available for delivery. During this time the products will be stored by us at no additional cost to you and we will arrange a delivery date with you on 1 to 5 working days’ notice. All payments due in respect of the products must be received by us prior to delivery of the products.
If we are required to store the products beyond the 2 week period, whether due to non-payment or for any other reason, we reserve the right to charge you for storage costs incurred by us.
You will need to be at home (or at the delivery address if different) all day on the delivery date arranged. If you are not at home the products will be delivered in accordance with clause 7.4 and 7.5.
We aim to deliver all products within the estimated lead time advertised on our website but this cannot be guaranteed.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For instance, where there may be a delay in receiving the products from our overseas supplier. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have ordered Online and you are not at home when the product is delivered. Delivery will be between 8am and 6pm. If no one is available at your address to take delivery. The courier will leave your order in a safe place. If you would like the courier to leave your order with a specific neighbour or in a certain safe place, please let us know in advance. If they are unable to do this they will return the order and a new delivery date will need to be arranged. If you know you will be away during the estimated delivery time please let us know as soon as possible so we can rearrange the delivery in advance. Unfortunately we can't take responsibility for goods left in a safe place if you haven't told us to make alternative arrangements.
7.5 If you have ordered Online and you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, window measurements. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1 deal with technical problems or make minor technical changes;
7.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3;
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period and, if this is applicable to you and your products, and the product is not a made to measure product, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.2 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.3.1 to 8.3.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.3.1 we have told you about an upcoming change to the product not yet provided which will have a significant impact on the functioning or quality of the product or these terms which you do not agree to (see clause 6.2);
8.3.2 we have told you about an error in the price (which results in increased costs to be paid by you) or description of the product you have ordered (which affects any use of the products) and you do not wish to proceed;
8.3.4 there is a risk that supply of the products may be significantly delayed of more than eight weeks because of events outside our control; or
8.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks.
8.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). All of our products are made-to-measure specifications or are clearly personalised and accordingly, you do not have a right to change your mind (regulation 28(1)(b), Consumer Contract Regulations).
8.5 When consumers do not have the right to change their minds. You do not have a right to change your mind in respect of:
8.5.1 made-to measure products;
8.5.2 services, once these have been completed, even if the cancellation period is still running;
8.5.3 any products which become mixed inseparably with other items after their delivery.
8.6 How long do consumers have to change their minds? How long you have depends on what you have ordered and how it is delivered.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we may refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you).
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 0800 0745678 or emailing us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at ‘DIY Shutters, Quayside House, Basin Road South, Brighton and Hove, East Sussex BN41 1WF’ or (if they are not suitable for posting) allow us to collect them from you. Please:
9.2.1 take a photograph of