We
recommend that you print and
keep a copy of this page for
future reference.
1 Introduction
1.1 These terms and conditions
relate to goods which you offer
to purchase from the Vantana
online store (“Buyblinds
website”). Please read
these terms and conditions,
which govern your use of this
website and our supply to you
of any goods which you offer
to purchase through our on-line
facilities. They do not affect
your statutory rights. We will
be unable to process any offer
to purchase goods until you
have clicked on the “I
accept” button. If there
is anything you do not understand,
please feel free to e-mail us
at enquiries@buyblinds.co.uk,
or phone us on 0870 609 1943.
1.2 By making an offer to purchase,
you agree to be bound by the
whole provisions of the Agreement
(as defined in clause 3.1 below)
between you and us. If you do
not accept these provisions
you should not place an order.
Your attention is drawn in particular
to clauses 9 (limited right
to cancel), 13 (limitation of
liability) and 14 (indemnity).
1.3 You must be 16 years or
older and resident within the
United Kingdom to register for
the Service. By clicking on
the “I accept” button,
you confirm to us that you are
at least 16 years of age and
resident in the United Kingdom.
1.4 We may change these terms
and conditions at any time.
Any changes will take effect
on the date they are posted
onto the site (see date above)
and we are not under any obligation
to notify you of such changes.
You will be asked to read and
accept the terms and conditions
each time you place an order,
to ensure that you are familiar
with the most current ones.
2 Definitions
In these terms and conditions:-
“Commencement Date”
means the date when our agreement
with you is concluded (see clause
3.3);
“Confirmation Form”
means the form sent by us to
you by email within 24 hours
after you have placed an order,
confirming details of the Goods
which you have offered to purchase
and whether we agree to accept
your offer and supply the Goods
to you;
“Consumer” means
an individual whose use of the
Service is for personal purposes
only, and not for use in connection
with any trade, business or
profession;
“Distance Selling Regulations”
means The Consumer Protection
(Distance Selling) Regulations
2000 (SI 2000 No. 2334) which
concern the protection of consumers
in respect of distance contracts
for goods and services, where
the contract is made without
any face to face contact between
supplier and consumer.
“Goods” means the
goods to be provided by us to
you, as described in the Order
Form and Confirmation Form and
on the pages of our website
relevant to those goods. (In
the event of a discrepancy between
the description of the Goods
on the website and that on the
Order Form Confirmation Form,
the description on the Order
Form or Confirmation Form shall
be conclusive);
“Order Form” means
the form completed by you online
and showing details of the goods
which you have offered to purchase
from us;
“Service” means
the provision of Goods by us
to you;
“we/us/our” refers
to Vantana Limited, a company
incorporated in Scotland (registered
number SC139512) and having
our registered office at 2 Starlaw Road, Starlaw Business Park, Livingston EH54 8SF,
VAT number
GB 327 2177 65; and
“you/yours” refers
to you, the person offering
to purchase goods from us.
3 Your agreement with
us
3.1 It is our intention that
all the terms of the contract
between us and you are contained
in these terms and conditions,
together with the Order Form,
Confirmation Form, and Privacy
Policy and in any special agreed
terms that have been subsequently
discussed, confirmed and agreed
in writing between you and us
(“the Agreement”).
We accept responsibility under
the Agreement for our commitments
to you. We also accept responsibility
for commitments made to you
by our duly authorised agents.
3.2 Nothing on our website
is intended or shall be interpreted
to mean that we are making a
legal offer to you to provide
the Goods; we are inviting you
to make a legal offer to us
to purchase the Goods. It is
entirely at our discretion to
accept or reject the offer to
purchase.
3.3 The Agreement is concluded
only when we have accepted your
order by sending you a Confirmation
Form (with the date of conclusion
of the Agreement being the date
shown on that Confirmation Form).
The technical steps required
to conclude a contract for the
Service comprise:
(i) Step 1: Order form
You must complete the Order
Form offering to purchase Goods
from us completely and accurately
and submit this to us by [clicking
on the button marked ‘Order’.];
(ii) Step 2: Confirmation form
We shall issue you with a Confirmation
Form within 24 hours after we
receive your offer: where this
states that we accept your offer
to purchase Goods, formation
of the contract for the service
is complete.
4 General
4.1 Payment can be made using
any of the methods listed in
Clause 6 below and will be debited
when we have accepted your offer
to purchase.
4.2 All prices are quoted in
UK pounds Sterling and include
VAT where applicable but exclude
delivery charges (the delivery
charge will be that shown on
the Order Form section of the
Vantana website at the time
you place your order.)
4.3 Our acceptance of your
offer to purchase Goods is subject
to their availability. We will
inform you if we are unable
to deliver the Goods which you
have offered to purchase and
a full refund of any prepayments
will be given.
4.4 Prices, offers and products
are subject to availability
and may change before (but not
after) we accept your order.
4.5 Every effort has been made
to ensure the descriptions,
price of goods and delivery
charges are correct. We will
inform you as soon as possible
in the event of an error in
pricing or description coming
to our attention. Where we notify
you of such an error, you will
have the option of either (i)
confirming your offer to purchase
subject to the corrected description,
price or delivery charge, or
(ii) retracting your offer to
purchase and receiving a full
refund of any prepayments.
4.6 All contracts in relation
to the Service shall be concluded
in English.
4.7 Your data protection rights
are set out in our Privacy Policy.
5 Delivery details
5.1 All deliveries are subject
to stock availability and authorisation
of your payment.
5.2 We shall endeavour to deliver
the Goods you have offered to
purchase within 5 working days
(excluding public holidays in
Scotland) after we receive your
offer. If there are any delays
we will notify you of such delay
as soon as possible. If we cannot
supply you with the Goods you
have ordered within 30 days
of the date you sent your offer
to purchase the Goods to us,
we shall inform you and you
shall have the option of either
accepting a later delivery date
or cancelling the Agreement
and accepting a refund of any
prepayments.
5.3 We can only deliver to
addresses within the United
Kingdom mainland.
5.4 Your order will be delivered
to the address which is listed
for the debit or credit card
which you have used to pay for
the Goods, as long as that address
is in the UK (i.e. has a Royal
Mail postcode). We are not able
to deliver to other addresses.
5.5 In addition to the price,
delivery charges may be payable
by you. The delivery charge
will be that shown on the Order
Form section of the Vantana
website at the time you place
your order. If there is any
change in the delivery charge
payable we will endeavour to
notify you before your order
is accepted by us and ask you
to confirm that you wish to
proceed with your order.
5.6 We can only deliver the
goods to you during office hours,
Monday to Friday. We are unable
to specify the time at which
the goods will be delivered
to you.
5.7 If you do not accept delivery
of Goods ordered by you within
two weeks of our first attempt
to deliver the Goods to you,
we reserve the right to charge
you for any consequential storage
costs reasonably incurred by
us.
5.8 A signature will be required
on delivery of the goods to
you. Receipt of a signature
at the delivery address will
be proof that the order has
been delivered to you.
6 Payment options
6.1 We accept the following
methods of payment.: -
(i) Credit cards:-
Mastercard
VISA
(ii) Debit cards:-
Switch
Visa Debit
Electron
6.2 Payment may be made by
any of the methods above and
will be debited when we accept
your offer. The total amount
you pay is the same, regardless
of the payment method you use.
6.3 Payment will be processed
using the services of Bank of
Scotland.
6.4 We will tell you if your
payment details cannot be authorised
for any reason and may invite
you to pay by another method.
7 VAT
Our prices include VAT where
applicable.
8 Distance selling
regulations
We are obliged by law to provide
you, prior to the delivery to
you of the goods which you have
purchased, with certain information
in relation to those goods and
your rights in relation to the
Agreement with us. This information
appears throughout these Terms
and Conditions, but is summarised
in the Confirmation Form.
9 Your right to cancel
this agreement
Important: This clause
9 contains provisions which
limits your rights to cancel
the agreement after the commencement
date. Please read it carefully
and do not make an offer to
purchase the goods unless you
agree to this clause.
All goods available from our
website are made specifically
to your specification. Under
the Distance Selling Regulations,
you do not have a right to cancel
this Agreement after the Commencement
Date, except where the Goods
are defective or we are at serious
fault.
10 Our right to cancel
this agreement
If for reasons beyond our
reasonable control, including
but not limited to fire, floods,
storm, plant breakdown, lock-outs,
riots, industrial action which
prevents entry to premises,
hostilities, non-availability
of materials or supplies, we
are unable to supply the goods
to you, we may cancel the Agreement
at any time before the goods
are delivered by giving notice
to you. We shall promptly repay
to you any sums paid by you
or on your behalf under or in
relation to the Agreement.
11 Errors made by you
& withdrawl of your offer
11.1 If you wish to withdraw
your offer to purchase goods
from us prior to the issue of
the Confirmation Form, you must
notify us of this fact in writing.
Full contact details are set
out in Clause 16 below.
11.2 If you wish to correct
an error made by you in your
offer to purchase goods from
us, you must notify us of this
fact in writing as soon as possible.
Full contact details are set
out in Clause 16 below.
11.3 Where you fail to inform
us by the Commencement Date
of the provision by you of incorrect
measurements for the Goods,
we reserve the right to charge
you the full price of the Goods
made to the measurements initially
received by us from you.
12 Returns policy
This returns policy
does not affect your legal rights
12.1 If you believe that the
Goods may be faulty, misdescribed,
incorrect or damaged on delivery,
please contact us by telephone,
e-mail, or in writing giving
a full account of the alleged
defect. If it appears to us
from your report that the Goods
are defective, we shall arrange
for a courier to collect the
Goods from you. You must make
all the goods supplied available
for collection by our Courier
on a working day. You must pack
the goods in their original
protective packaging, if available,
but in any event adequately
for transit of goods of the
nature supplied.
12.2 We reserve the right to
inspect the goods and to verify
that the Goods are defective
and those defects are attributable
to the Goods supplied as claimed
by you. If it does not appear
to us that the Goods returned
to us are faulty, incorrect,
misdescribed or were damaged
on delivery to you, we shall
return the Goods to you and
you shall be charged for the
reasonable cost for collection
and re-delivery. If you do not
accept re-delivery of Goods
returned to you hereunder, we
reserve the right to charge
you for any consequential storage
costs reasonably incurred by
us.
12.3 If it appears to us that
Goods returned to us are indeed
defective, we shall, at your
option: -
(i) repair the Goods and return
the repaired Goods to you, free
of charge; or
(ii) deliver replacement Goods
of similar quality and specification,
free of charge, provided that
the Goods have not been modified
or subject to misuse or negligence;
or
(iii) arrange for a full refund
of any prepayments by crediting
your debit or credit card used
to make the original payment
within 30 days of you giving
notice of rejection, provided
that the Goods were faulty,
misdescribed, incorrect or damaged
on delivery and have not been
subsequently modified or subject
to mis-use or negligence. A
refund of any monies paid will
be made only for the goods made
available to us for collection.
12.4 If you dispute our assessment
of whether the Goods are faulty,
misdescribed, incorrect or were
damaged on delivery to you shall,
you may, at you option, return
the Goods to us. Thereafter,
the dispute shall be referred
to an expert nominated by the
British Blind and Shutter Association
whose decision shall be final
and binding. If the aforementioned
expert determines that the Goods
are faulty, misdescribed, incorrect
or were damaged on delivery
to you, we shall pay the expert’s
reasonable costs in making such
a determination and refund your
reasonable delivery costs, failing
which, you shall be liable to
pay all such expenses. Notwithstanding
the foregoing, nothing in this
clause is intended to exclude
your right to raise legal proceedings
against us in relation to any
alleged defect in the Goods.
12.5 For the purposes of this
Agreement, Goods are not deemed
to be “incorrect”
by reason of error in any measurements
provided by you.
12.6 We require that all Goods
being returned are securely
packed and suitably boxed. We
recommend that the original
packaging is used where possible.
We cannot provide additional
packaging or boxes for any returning
items.
13 Limitation of liability
Important: This clause
13 contains provisions which
restrict the extent to which
we are liable to you for any
loss you may suffer in connection
with the goods. Please read
it carefully and do not make
an offer to purchase the goods
unless you agree to this clause.
13.1 Nothing in these terms
and conditions is intended to
exclude any provision of the
Unfair Contract Terms Act 1977,
or of the Unfair Terms in Consumer
Contracts Regulations 1999,
or of any other legislation
designed to ensure that the
rights of parties to a contract
of the type of this Agreement
(i.e. standard terms and conditions
which are not individually negotiated)
are fairly balanced.
13.2 Subject to the aforesaid,
we shall not be liable to you
for any loss or damage unless
such loss or damage arises as
a direct result of our negligence,
recklessness or wilful misconduct,
or fraud or misrepresentation
on our part.
13.3 To the fullest extent
permitted by applicable law,
we disclaim all liability for
our employees’ or sub-contractors’
negligence.
13.4 We may include links from
time to time from our website
to other internet sites. We
have no control over the content
of such sites and disclaim any
liability in respect of your
use of such sites.
13.5 All conditions, terms,
representations and warranties
relating to the Goods which
are not expressly stated in
this Agreement are hereby excluded
to the fullest extent permitted
by law.
13.6 Every provision of this
clause 13 excluding or limiting
liability shall be construed
separately, applying and surviving
even if for any reason any of
these provisions is held inapplicable
or unenforceable in any circumstances,
and shall remain in force notwithstanding
the expiry or termination of
this Agreement.
14 Indemnity (liability
passed to you)
Important: In this
clause 14 you agree that you
will be liable for any loss
we (or certain people connected
with us) suffer as a result
of breach of the agreement by
you or by certain people connected
with you. Please read it carefully
and do not make an offer to
purchase the goods unless you
agree to this clause.
You agree that you shall be
liable for any foreseeable and
reasonable costs incurred by
us in respect of any and all
demands, liabilities, losses,
costs and claims (including
reasonable legal fees incurred
in defending any action or otherwise)
sustained or incurred by us,
our agents, suppliers, resellers,
our customers, officers or employees,
and arising as a result of breach
by you of this Agreement.
15 Website content
15.1 We have used reasonable
care and skill in compiling
the content of our website but
make no warranty, express or
implied, as to the nature or
accuracy of any material on
the website. The Confirmation
Form is conclusive as to the
prices, delivery charges and
the description of the Service.
Although every effort is made
to ensure complete accuracy,
some prices, delivery charges
or details shown on the website
may change from time to time,
and it is possible that errors
will occur. We will use reasonable
endeavours to rectify any errors
as swiftly as possible.
15.2 We and our suppliers own
the copyright, trademarks and
all other intellectual property
rights in all material and content
on this website, which you may
use, download, copy, publish,
transmit or otherwise make available
by any other means only for
your own personal, non-commercial
use. Any other use or reproduction
of the material or content is
strictly prohibited.
You may not create any link
to this website without our
prior written consent, nor may
you restrict or inhibit the
use or enjoyment of it by anyone
else.
16 Contact details
If you have any queries about
these terms and conditions,
or any other aspect of our website,
or you have a complaint, you
can phone us on 0870 609 1943,
or e-mail us at enquiries@buyblinds.co.uk
or write to us at: Buyblinds
Customer Service Team, Vantana
Ltd, Starlaw Road, Starlaw Business Park, Livingston EH54 8SF.
We shall respond to any communication
received by us as quickly as
we can.
17 Law and jurisdiction
The Agreement shall be governed
by and construed in accordance
with Scots law and you agree
to submit to the non-exclusive
jurisdiction of the Scottish
courts. You are responsible
for compliance with any applicable
laws of the country from which
you access our website.
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