Terms & Conditions

Goods mean the shutters, blinds, windows furnishings or other products supplied by www.opennshut.co.uk and the subject of the order made by you.

You and Your means the person ordering the Goods from www.opennshut.co.uk

We Us or Our means www.opennshut.co.uk trading at Forum House, Stirling Road, Chichester, West Sussex, PO19 7DN.

1. Our Contract

1.1 Our web site offers goods for you to buy from Us. We shall confirm to You acceptance of Your order by email to the address given by You on the order form.

2. Price

2.1 The price for any Goods ordered by You will be the price shown on the order confirmation section of Our website at the time You place Your order and will include all taxes applicable from time to time.

2.2 Additional to the price, a delivery charge may be payable in respect of deliveries made within the UK mainland other than orders for sample panels and swatches. The delivery charge will be that shown on the order confirmation section of Our web site at the time You place Your order. If there is any change in the delivery charge payable We will notify You before Your order is accepted by Us and ask You to confirm that You wish to proceed with Your order. Delivery outside of the UK mainland will be made only with Our prior agreement and additional delivery charges may be payable in that event. If You require delivery outside of the UK mainland We ask that You contact Us in advance of placing Your order.

2.3 Subject to clause 6 We will debit the total charge form Your debit or credit card when We receive Your order or as soon after as reasonably practicable thereafter. If more than one item is ordered We may deliver the Goods separately. If We do, We will not charge more than one delivery fee, unless You specifically ask for the Goods to be held by Us or for the Goods to be sent separately when one part of the order is ready before the rest.

3. Your right to cancel (non customized goods)

3.1 You may cancel Your order for goods with Us at any time up to the end of the seventh working day after the date You receive the goods that You have ordered. An administration fee will be charged to cover any costs incurred. To cancel Your order You must notify Us with Your order number by e-mail to sam@opennshut.co.uk, or by facsimile, or write to Us by first class post at www.opennshut.co.uk, Forum House, Stirling Road, Chichester, West Sussex, PO19 7DN.

3.1.2 If prior to the delivery of Your order You do wish to change or cancel Your order after We have accepted it please contact Us as soon as possible and We will try to assist You. If You have received the Goods before You cancel Your order under clauses 3.1.1, or if You cancel Your contract before the Goods have been received but We have already processed the Goods for delivery You must not unpack the Goods when they are received by You and You must contact us as soon as possible as detailed above to arrange a suitable time for us to collect the Goods. In this case We will charge for the return costs.

3.1.3 Subject to the provisions of clause 3.1.1 and 3.1.2, once You have notified Us that You are cancelling Your order, any sum debited to Us from Your debit or credit card will be recredited, minus any transaction handling fees, to Your account as soon as possible and in any event within 30 days of cancellation of Your order provided that the Goods in question are made available to Us for collection and received by Us in the condition that they were in when delivered to You and have not been modified or damaged by misuse or negligence. If the Goods are not made available for collection, We shall be entitled to deduct the direct costs of delivery and returning the Goods from the amount to be recredited to You.

3.2 Your right to cancel (customized goods)

3.2.1 You cannot change or cancel Your order if the Goods You have ordered are manufactured, measured or custom made to Your requirements or specifications as these Goods will not be resalable by Us. We regret that once Your order has been accepted by Us in relation to such Goods and our suppliers have commenced the manufacturing process We are unable to accept any changes to these Goods or cancellation of Your order.

4. Cancellation By Us

4.1 We reserve the right to cancel Your order if:

4.1.1 Our suppliers have insufficient stock to deliver the Goods You have ordered

4.1.2 You require delivery outside the United Kingdom

4.1.3 One or more or the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by Us and/or by Our suppliers.

4.2 If we do cancel Your order We will notify you by email and will credit You any sum deducted by Us from Your debit or credit card as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Material Shortages

If the Goods or the materials You ordered are unavailable We will notify You as soon as possible and suggest a suitable replacement.

6. Descriptions and Measuring

6.1 The product information and photographs on Our web site are provided for illustrative purposes only and We do not warrant that they are accurate. If You are in any doubt about the product, material or colour that You wish to order, We recommend that You order a sample.

6.2 As the Goods which You order are manufactured to the measurements that You supply in Your order it is important that they are accurate. We cannot accept the return of Goods because the measurements supplied were incorrect. We advise You to read the measuring and fitting section of Our web site and call Us on 01243 774888 or email Us on sam@opennshut.co.uk if You require any advice.

6.3 We will try an ensure that the Goods supplied match in every respect any sample or description We have given, any minor or immaterial variation or change in colour or pattern between the sample or description and the Goods delivered shall not entitle You to reject the Goods nor to claim any compensation for such variation or change. We cannot guarantee the Goods against fading especially as a result of exposure to sunlight where fading can occur. Our Goods are not guaranteed against extreme damp or variable conditions.

6.4 We do not warrant as to the fitness of the Goods supplied for any purpose other than that of an internal window or doorway dressing, other installations and uses are at Your risk.

6.5 Tolerance levels of shutter size specifications are plus or minus 2mm, and the product will not be considered defective if falling within that range. Warp on any vertical or horizontal component part shall not exceed 1mm per 300mm and may be considered defective if within this range.

6.6 We recommend that Goods be ordered within our normal specification range, We may at Your request exceed the limitation but cannot accept responsibility for any problem that may result, nor will the Goods be warranted.

7. Delivery

7.1 We will deliver Your Goods to the address You have provided on the order form. Delivery time stated are estimates only, but every effort is made to ensure due performance. We cannot accept responsibility for damages or consequential loss or damage arising out of delay or failure to deliver by the estimated date or for any damage or defect to the delivered Goods that is caused by any event or circumstance that is beyond Our reasonable control including, without limitation, third party default, strikes lock-outs and other industrials disputes, flood, fire, explosion, accident, bad weather or custom delays.

7.2 If you fail to take delivery of Goods or any part of them on the arranged date for any reason We will be entitled to charge for re-delivery. Any delay or failure to deliver by Us will not entitle You to refuse delivery or to reject the contract.

7.3 Non delivery or damage in transit must be reported to Us immediately (within 24 hours of receipt of delivery). If the Goods are collected from Us by You or a third party nominated by You the risk in the Goods passes to You upon delivery to You or such third party. Thereupon all liability of Us in the Goods for loss or destruction, breakages, shortages or non-delivery shall cease.

7.4 When You receive the Goods from the delivery company, please be sure that You do not sign for them as being received and in good condition unless You have checked them. In practise it is not possible to check the goods in the presence of the delivery driver, so please cross out any reference to the Goods being in good condition and sign as being received but unchecked and or note any damaged or missing items. We cannot accept responsibility for any transit damage or for missing Goods unless damage or omissions were noted on receipt.

8. Defective Goods

8.1 We guarantee that all Goods sold to You will be free from defects in materials and workmanship for a period of 12 months from delivery of the Goods to You, provided that the said goods have been fitted in accordance with Our fitting instructions.

8.2 If Your Goods are defective on delivery, and they have not been fitted, a written claim must be submitted to Us within 48 hours of receipt of delivery, accompanied by photos and description of the defect.  If a defect occurs within the following 12 months, You are entitled to return them to Us providing that You have contacted Us first giving Us details of the defects, and only if We have agreed that the Goods should be returned to Us.

8.3 If it appears that the Goods are defective, where possible, We will arrange for the supply of replacements parts direct to You to be fitted by You, free of charge.

8.4 No liability under clause 8.2 shall arise unless the price and the delivery charge have been paid in full.

8.5 Except where You are a consumer We will not be liable for any indirect or consequential loss or damage or loss of profits arising out of Our failure to supply the Goods to You.

8.6 Except where You are acting as a consumer all other guaranties, conditions and terms relating to fitness for purpose, satisfactory quality or condition of the Goods whether implied by statute or common law or otherwise are excluded to fullest extent of the law.

9. Card Use

By placing an order You authorise Us at Our discretion to carry out at credit reference or any other enquiry upon Your financial status as We think fit and You agree to provide such written authorisations which may be required for such enquiry. In the absence of such authorisation We will be unable to process Your order.

10. Representations

No descriptions, recommendation, or statement contained in any brochure price list, advertisement, communication, web pages or by any employee or agent of www.opennshut.co.uk shall be interpreted so as to vary, override or enlarge in any way any of these terms and conditions.

11. Validity

If any part of these terms and conditions is unenforceable including any provision in which We exclude Our liability to You the enforceability of any other part of these conditions will not be affected.

12. Third Party Rights

Except for Our employees or representatives, a person who is not party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

When You receive the Goods from the delivery company, be careful that You do not sign for them as being received and in good condition unless You have checked them. In practise it is not possible to check the goods in the presence of the delivery driver, so please cross out any reference to the Goods being in good condition and sign as being received but unchecked and or note any damage or missing items. We cannot accept responsibility for any transit damage or for missing Goods unless damage or omissions were noted on receipt.

13. Viruses

www.opennshut.co.uk does not make any warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties.

14. E&OE

Whilst all caution is taken to make sure that all content on this website and any correspondence are correct, complete, relevant and true, errors may occur. Opennshut.co.uk apologise for any inconvenience caused by any error or omission and will seek to correct all information that is incorrect, incomplete, irrelevant and untrue as soon as detected. However, we apply the rule of 'Errors & Omissions Excepted' in these situations and will not be obliged to honour any statement or pricing containing such errors.

15. Third Party Advertising

Whilst all caution is taken to make sure that any third party advertising or linking to our website is of suitable standing, we accept no liability for, nor warrant as to the fitness of the Goods supplied by, such third parties contacted via our website. Opennshut will not be obliged to honour any statement or pricing advertised by third parties. Any dealings are at your own risk.