All information on this web site is provided in good faith and for general information purposes only and Elegant Shutters Ltd will make every reasonable effort to ensure that such information is accurate. This web site is provided on an `as is` basis without any representation or endorsement made and Elegant Shutters Ltd and its associated companies make no warranties of any kind, whether express or implied, in relation to this web site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security, or any implied warranty arising from your access to, use of, reliance on or otherwise of this web site. Elegant Shutters Ltd shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this web site. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this web site by unauthorised third parties.
In addition, Elegant Shutters Ltd shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web site.
The material on this web site is protected by copyright and all copyright, trademarks and all other intellectual property rights in all material or content contained within this web site shall remain at all times the property of Elegant Shutters Ltd or of their licensors respectively.
You may only reproduce material and/or content of this web site for your own personal non-commercial use. Unauthorised copying, reproduction, transmission, publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited.
All electronic links to this web site require the consent of Elegant Shutters Ltd.
To assist your navigation of this web site and our prevention of fraud we may send “cookies” from this web site to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server. Furthermore computer viruses are not passed through the use of “cookies”. You may choose to disallow “cookies” via your browser but this web site may not work properly as a result.
This notice may be amended by Elegant Shutters Ltd from time to time without notice.
1.1 In these conditions: Our representative(s) is the one who assist you in choosing the Goods and/or the one that installs the same; “Contract” means the contract, comprising these conditions, for supply of Goods and Services; “Consumer” means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order placed by you for the Goods and Services accepted by us preferably in writing and on our Order Form offered to you; “you”/”your” means the Consumer submitting an order for Goods and Services; “Goods” means the window furnishings or other products to be supplied by us as noted in the Order; “Services” means the services relating to the installation and warrantee of the Goods; “we”/”us”/”our” means Elegant Shutters Ltd also trading as Elegant Window Furnishings, 4 Moyglare Village, Maynooth, Co Kildare, Ireland, Company Number 533837.
1.2 These conditions: will apply to all your purchases of Goods and Services (as those terms are defined below) from us; may only be changed in a document signed by one of our directors; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.3 By accepting the Contract you are confirming that no third party rights are involved ant that you are the Customer/Consumer.
2 Your Order for the Goods and Services
2.1 The Order shall be detailed on the form presented to you for your authorisation and are subject to these conditions. Once the Order has been completed, agreed on and signed by you and received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order.)
2.2 You warrant to us that you: have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and will supply us with such information, rights of access, and mains electricity that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation where you notify us about a problem with the same.
3 Price and payment
3.1 The price for the Goods and Services is stated on the Order and Invoice. All prices are inclusive of the cost of delivery and VAT. Prices agreed at the time of order are considered to be finalised and no advertised offers that come into circulation, subsequent to the order being agreed on, will be applicable to the already agreed on order.
3.2 Unless credit terms have been agreed with us in writing, payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation (after expiry of the 7 day statutory right to cancel set out at condition 9) or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.
3.3 Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law: withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods at any time.
4 Delivery of the Goods and supply of the Services
4.1 We will deliver the Goods and supply the Services to the place noted in the Order.
4.2 Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control.
4.3 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order or breach your payment obligations and/or the obligations set out at condition 6 under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery or supply.
5 Warranties for the Goods and Services
Subject to conditions 5.3, 5.5 and 5.6:
5.1 We will supply the Services and Products under this Contract with reasonable skill and care and in accordance with the specification set out in the Quotation, Order and Invoice which we have provided to you for those Services.
5.2 If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your home to examine the supplied Services and, if the Services are not in compliance with condition 5.1 we will, either remedy the defect in question or re-supply the defective Services.
5.3 Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
5.4 Subject to clause 5.6, we offer a product warranty of 12 months on blinds, curtains, curtain tracks, curtain poles and curtain accessories, and 5 years on Plantation Shutters from the date of installation.
5.5 We warrant that, subject to condition 5.6, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 5.4) after the date of delivery and installation of the relevant Goods, we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labour or materials (always providing that the Goods have not been subject to any miss-use, obvious accidental damage not recorded on fitting or modification).
5.6 The warranties provided in this condition 5 shall not apply: in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.
6 Limitation of liability
6.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
6.2 Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees or Advisors; liability for damage to property or injury to persons under the Consumer Protection Act 2007; fraud; or any other matter that we cannot by law exclude or restrict.
7 Delay or failure to perform
We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: failure by you to give us a correct delivery address or notify us of any change of address, an act of God, explosion, flood, fire or accident; war or civil disturbance; acts of terrorism; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission.
8.1 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
8.2 Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.
8.3 As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1980 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
8.4 The Contract is governed by the laws of the Republic of Ireland and the Republic of Ireland courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
8.5 Any communication to Elegant Shutters Ltd should be addressed to Elegant Shutters Ltd, 4 Moyglare Village, Maynooth, Co Kildare, Ireland.
9 Notice of the Right to Cancel
- i) You have the right to cancel the Contract by giving Notice IN WRITINGat any time within the next 7 days.
- ii) This Contract is with Elegant Shutters Ltd also trading as Elegant Window Furnishings whose registered office is 4 Moyglare Village, Maynooth, Co Kildare, Ireland. Company Number 533837.
iii) You may exercise your right to cancel the Contract as provided for by clause 9(i) above, by delivering, or sending (including by electronic mail) to Customer Services, Elegant Shutters Ltd, 4 Moyglare Village, Maynooth, Co Kildare, Ireland at any time within the period of 7 days starting with the date of this Notice.
- iv) The Notice of Cancellation is deemed to be served as soon as it is posted or sent to us at the address in clause 9(iii) above, or in the case of electronic communication, from the day it is sent to us.
- v) Any related Credit Agreement will automatically be cancelled if you cancel this Contract.
- vi) A Cancellation Form is provided below for your use should you wish to use it. You do not have to use this form. However, if you do wish to use the form it may be detached and sent to us at the address provided in clause 9(iii) above.
Order Cancellation Form
If you wish to cancel the Contract you MUST DO SO IN WRITING and deliver personally or send
(Which may be by electronic mail) to the address below. You may use this form if you want to but you do not have to. (Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT).
To: Customer Services, Elegant Shutters Ltd, 4 Moyglare Village, Maynooth, Co Kildare, Ireland.
I/We* hereby give notice that I/we* wish to cancel my/our* contract, (*delete as appropriate)
Name and Address:
Elegant Shutters Ltd, Company Number 533837
Registered Office, 4 Moyglare Village, Maynooth, Co Kildare, Ireland.
All offers subject to availability. Elegant Shutters Ltd also trading as Elegant Window Furnishings reserves the right to amend, withdraw or extend any offer without prior notice.
Regulations have been introduced to reduce the strangulation risk to small children posed by looped blind cords. These regulations make it mandatory that all blinds should be fitted with appropriate safety devices. Please also refer to our website for ongoing improvements in this regard. If at the point of fitting you refuse to have such a safety device fitted, then we will be unable to install the Goods. In such circumstances you will remain liable for the full cost of the Goods ordered and you agree that you will not treat our refusal to install the Goods as a fundamental breach of the Contract and you will remain bound under the Contract to take delivery of the Goods. For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty.