Maynelines Terms and Conditions
Website usage terms and conditions
The term ‘Maynelines’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 54 Pine Grove, Fleet, Hampshire GU52 6BQ. Our company registration number is 7875624 Maynelines Blinds Ltd, 54 Pine Grove, church Crookham, Fleet, Hampshire GU52 6BQ. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Terms of Business
TERMS & CONDITIONS FOR THE SALE OF GOODS
The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure shall have the meaning given in clause 9;
Goods mean the products we are selling to you as set out in the Order;
Order means your order for the Goods [as set out overleaf];
Order Confirmation shall have the meaning set out in clause 2.5;
Terms mean the terms and conditions set out in this document;
Writing or Written does not include faxes and email.
1.2 Headings do not affect the interpretation of these terms.
BASIS OF SALE
2.1 These Terms, the Order [and our price list] are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that 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, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign [and submit] the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues 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 or any other contract between you and us for the sale of the Goods.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) We issue you with written acceptance of an Order; or
(b) We notify you that the Goods are ready.
Whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 Subject to clause 2.9 you may amend or cancel an Order by providing us with written notice within 7 days of signing the order form. If you amend or cancel an order after the 7 day period, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
PROVIDED THAT where manufacture of Goods made to your specific requirements has commenced you may be liable for the full cost of the Order.
2.9 By signing the order form overleaf you are expressly requesting that we begin manufacturing the Goods before the end of the statutory 7 day cancellation period set out at condition 2.8 above. If you subsequently decide to cancel this contract within the 7 day cancellation period in accordance with condition 2.8 you will be required to pay all the reasonable costs and expenses we have incurred in commencing manufacture of the blinds prior to the end of the cancellation period”
2.10 As all Orders are made to your individual requirements you must ensure that the terms of your Order and any applicable specification and measurement are completely and accurately recorded in your Order and we shall have no liability for any Order made which is not accurate.
2.11 As we will manufacture the Goods to your specification and measurement (which must be provided in the Order) we cannot accept the return of Goods due to inaccurate/incorrect measurements provided by you
2.12 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case it will apply to orders you have previously placed that we have not yet fulfilled).
3.1 Provided that the Goods have been paid for in full we warrant that on delivery [and for a period of 12 months from the date of delivery,] the Goods shall;
(a) Conform in all material respects with their description OR the manufacturer’s specification subject to any
Qualification or representation contained in the brochures, advertisements or other documentation;
(b) Be of satisfactory quality;
(c) Be fit for any purpose we say the goods are fit for or for any reasonable purpose for which you use the Goods;
(d) Be free from material defects in design, material workmanship; and
(e) Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident,
negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
3.5 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.6 The Goods are subject to availability. If on receipt of your Order the Goods have been withdrawn from our range we will offer you a replacement product. If you then wish to cancel your Order we will refund or re-credit you for any sum that you may have already paid.
4.1 We will deliver the Goods to you when we notify you that they are ready.
4.2 Delivery of the Order shall be completed when we deliver the Goods to you.
4.3 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of any unexpected delay and we will arrange a new delivery date with you. (Please allow extra time for deliveries to the Scottish Highlands and Islands)
4.4 If you fail to take delivery of an Order within 30 calendar days of the date on which we notify you that the Goods are ready, then, except where the failure is caused by our failure to comply with these Terms or by an event beyond your control(such an event does not include delays of other trades people):
(a) 60% of the price shall be immediately payable. The balance of the contract price being payable once their installation is complete.
(b) We will store the Goods until delivery takes place and may charge you a reasonable sum currently £3.00 per day, to cover expenses and insurance.
(c) We shall have no liability to you for late delivery or installation of any Goods.
4.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in installments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in installments, we may charge you extra delivery costs. Each installment shall constitute a separate contract. If we are late delivering an installment or one installment is faulty, that will not entitle you to cancel any other installment.
4.6 When you receive Goods from a carrier/installer approved by us the following procedure should be followed at all times:
a) A check should be made that the number of Goods delivered/installed corresponds to that in the delivery
note/installation document. If this is not the case you should mark the proof of delivery/installation document
clearly, stating the number of Goods delivered/installed. For example “3 of 4 Parcels received/installed”.
(b) If the Goods are visibly damaged you should sign the delivery note “DAMAGED ON DELIVERY”. Goods signed
UNCHECKED” will not be accepted for any claims. You should inspect the Goods in the presence of the driver,
Who can verify the extent of the damages or items missing
(c) You should contact us immediately to advise us of short or damaged deliveries.
(d) Unfortunately the carriers will not accept liability for damaged or shortages once the delivery note/proof of
delivery has been signed placing the onus on you to ensure that you are happy with the Goods as delivered.
Consequently if you do not follow the above procedure we may not be in a position to credit your account.
(e) Where the Goods are installed you should inspect the Goods as being satisfactory and where a demonstration
has taken place ensure that you are happy with the demonstration of the Goods.
DEFECTIVE GOODS AND RETURNS
5.1 In the unlikely event that the Goods do not conform with these Terms or any implied consumer law terms please let us know as soon as possible after delivery. 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:
(a) provide you with a full or partial refund; or
(b) replace the Goods; or
(c) repair the Goods.
5.2 These Terms will apply to any repaired or replacement Goods we supply to you.
TITLE AND RISK
6.1 The Goods will be your responsibility from the time of delivery OR from when you collect the Goods from us.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges and installation charges if applicable.
PRICE AND PAYMENT
7.1 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.2 These prices include VAT. However, if the rate of VAT changes 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 rate of VAT takes effect.
7.3 These prices exclude delivery costs, which will be added to the total amount due.
7.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
7.5 Unless otherwise agreed payment of the price for the Goods is due in pounds sterling in the following manner:
a) an initial payment payable with this order as previously agreed between us and specified in the quotation;
(b) the balance of the contract price payable on completion of the installation; or
(c) where the contract is on a supply only basis the balance is payable on delivery.
No payment shall be deemed to have been received until we have received cleared funds
7.6 If you do not make any payment due to us by the due date for payment (as set out in clause 7.5), we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.8 Clauses 7.6 and 7.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d)loss of data; or
(e) any waste of time.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to ,your physical property.
8.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply ofGoods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 We will inform you of any pre-existing structural defects that we may become aware of during the course of installation. We cannot be held responsible for any extra work or damage caused internally or externally as a result of this pre-existing structural defect.
8.5 We will not be held responsible for any redecoration i.e. tiles, wallpaper or loose render and plaster which may become dislodged during installation. PROVIDED THAT such redecoration is not required as a direct result of our negligence.
EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior writtenc onsent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any 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.
12.3 All sample books and catalogues that are supplied on loan remain our property and at all times they must be returned to us upon demand or paid for in full, at list price.
12.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.5 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. [We do not accept orders from addresses outside the [UK and Channel Islands,] [European Union][ and European Economic Area].]
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below.