Terms & Conditions
Bottom Up Blinds Ltd uses HSBC Card Processing to authenticate your payments which enables us to ensure your details are processed using the most advanced secure technologies available. Transactions use the “Secured by MasterCard” and “Verified by Visa” services from MasterCard and Visa to further enhance fraud prevention.
Card Payment Security
All your credit and debit card information is entered directly into the HSBC website thus we are not provided nor do we directly process your card details. We only receive from HSBC a reference to your payment along with the amount. We accept all VISA, Mastercard, American Express, debit and credit cards.
Terms and Conditions of the Sale and Supply of Goods
These terms and conditions apply to all goods you buy from us at a distance. We have written them in plain English to make sure that you fully understand your rights as one of our valued customers. Your order is subject to these terms and conditions, so it is important that you read them carefully.
We do not seek in any way to limit your statutory rights as a consumer in any way in these terms and conditions, nor to limit our liability for any death or personal injury resulting from negligence on our part.
We use the following defined terms throughout these terms and conditions to avoid repeating ourselves and to make them easier for you to read and understand:
‘1.Goods’ means the blinds supplied by us which are the subject of your Order.
‘2. Order’ means an order made by you for the supply of Goods.
‘3. Order Form’ means our on-line ordering process.
‘4.Price’ means the price of the Goods, plus any delivery charges.
‘5.Sales Literature’ means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.
‘6.You’ means the person ordering Goods from us.
‘7.We’ means www.bottomupblinds.co.uk (our trading name of our corporate entity Bottom Up Blinds Limited, details of which are here “us” and “our” shall be construed accordingly.
1.Our website invites you to order goods from us.
2.Once you complete the payment process through HSBC or confirm to us conclusively in some other fashion from a distance (eg. fax or phone) that you wish to proceed with your Order we will provide you with an acknowledgement of order by email. This email does not necessarily constitute our acceptance of your Order this may come in a later email – so read its terms clearly.
3.Once we tell you by email that we have accepted your Order a binding contract for the supply of Goods exists between us (a ‘Contract’). If we fail to confirm our acceptance of your Order in an email for any reason, our acceptance will be deemed to have occurred when we dispatch the Goods to you.
4.Our respective cancellation rights are outlined at conditions 3 & 4.
5. Our customer services team will always repeat orders back to you if you order over the telephone. Please be advised that we do not accept claims based on wrong sizes or products being inputted by us; therefore in the case of orders placed over the telephone we cannot accept such claims. After placing the order please check the order details on the email confirmation.
3 Cancellations By You
1.When purchasing ‘off the shelf’ goods from a distance you have the right to cancel your order up to 7 days from the receipt of the goods (the ‘Cooling-off Period’) by giving us written notice.
2.By ordering any ‘made to measure’ items which include all blinds ordered from this site, however, you hereby agree to waive your rights to cancel the contract during the Cooling-off Period once we have commenced the production process. We require you to do this because the items we make specifically for you are unlikely to be re-sellable to others. It gives us the confidence to proceed with the production of your Order before the end of the Cooling-off Period without fear of it being cancelled after we have made the Goods. ‘Made to measure’ goods include all blind sold through the website unless they are advertised to the contrary.
3.Whilst you have waived certain rights as set out in condition 3.2, we do still want to be entirely reasonable with you. If you have changed your mind before your Goods have been dispatched please contact us as soon as possible, as we may still be able to halt the production process and refund you what you have paid less whatever costs we have already incurred in processing and manufacturing your Order, but cannot guarantee it.
4. Cancellation by Us
1.We reserve the right to cancel the Contract or decline your Order if:
1.1.We have insufficient stock of the fabric or product required to manufacture and/or supply the Goods;
1.2.Any of the Goods were listed at an incorrect price due to a typographical error or an error in the pricing information made by us and/or received by us from our suppliers;
1.3.If you are not ordering from the UK.
1.4Before cancelling your Order we will do our best to source and offer you suitable alternative goods, but you are not obliged to accept them.
I1.5f we do cancel your Order we will notify you as soon as possible and will re-credit to you any monies you have already paid us relating to your Order within 30 days of your Order. Although we appreciate that you may be disappointed in such circumstances but we will not be able to offer you any compensation for disappointment you may suffer.
5. Product Descriptions
1.The product information and photographs contained in our Sales Literature are provided for illustrative purposes only and we cannot warrant that they are accurate.
2.Whilst every effort is made by us to ensure that Goods sold and delivered to you match in every respect any sample or description we may have shown or given or sent to you, 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.3.Most fabrics are dyed and therefore each batch can vary slightly in shade. Due to colour variations between product batches we cannot guarantee shade matching for previous orders, in addition the sample despatched to you may also be slightly different in shade to the eventual order received. Due to the print design of some pattern fabrics it may be that the sample despatched does not show the full range of colours or pattern design, if you are in any doubt as to the precise nature of the fabric you are advised to call our customer services team for further advice.
It is very important that the measurements you provide us with are accurate. It is your responsibility to fully understand the meaning of ‘recess’ and ‘exact’ and to take the correct measurements of your window. We are sure you will understand that we cannot accept the return of the Goods if the measurements you have provided us are incorrect as we are unlikely to be able to resell them. If you would like guidance on how to take the required measurements accurately please contact us directly and we will be pleased to help you.
Please note that even though the products are cut with high precision machines there is a tolerance of 2-5mm. We will not replace the order if the sizes are within this tolerance limit and you will not be entitled to reject the goods.
7. Delivering Your Goods
1.We aim to deliver your Goods to the address you have provided on the Order Form for delivery within 14 business days of the date of your Order unless we confirm a later date to you.
2.If we give you a specific date on which we expect to deliver the Goods, whilst we shall use our reasonable endeavours to meet that date it is an estimate only and is subject to change.
3.Ownership of, and risk in, the Goods will pass to you once they have been delivered to you. If you return the Goods ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.
4.If more than one item is ordered we may deliver the Goods in installments.
5.Please contact us direct if you wish to the Goods to be delivered anywhere other than the UK mainland.
1. In addition to any statutory rights you may have we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 12 months from delivery of the Goods to you and that they will correspond with their specification in the Order Form and approximately with the description given by us.
2. If the Goods are defective on delivery or a defect arises within the following 12 months, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Goods should be returned to us. Provided that the Goods have not been modified or subject to misuse or negligence and if it appears to us that the Goods are defective we will promptly arrange:-
2.1 for the defective Goods to be collected from you or sent to us in order to repair the Goods and return the repaired Goods to you, free of charge; or
2.2. collect the defective Goods from you or sent to us and simultaneously deliver replacement Goods of similar quality and specification, free of charge; or
3. If the Goods are not defective, or are returned to us after the period of 12 months from delivery of the Goods, or they have been modified, misused or the subject of negligence, you will be responsible for the payment of our charges on a time and materials basis in respect of any repairs and return of the Goods which we agree to carry out at your request. We shall be entitled to debit such charge on the debit or credit card which you used to order the Goods or raise an appropriate invoice payable immediately on presentation provided we notify you of the amount of such charges before carrying out the repair.
4.You have 7 days following receipt of your goods to report any damaged or defective goods due to manufacturing, or damage caused while being in the delivery process. We will deal with your queries promptly and if necessary arrange for a replacement to be sent. We reserve the right to ask for digital pictures with regards to the issues reported or to ask for the product to be returned to us for inspection. This does not affect your statutory rights.
9. General Terms
1. These terms and conditions make up the whole agreement between you and us in relation to a Contract.
2. If a court decides that a condition is not valid, the rest of the conditions will still apply.
3. Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
4. Except for our representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
5. We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control.
6. This contract is subject to English law and the exclusive jurisdiction of the English courts.
Terms and Conditions of Website Use
These terms and conditions govern your use of this website, but some of the services delivered through the website may have their own additional terms and conditions. If you do not agree to all the relevant terms and conditions as they apply to you, you should discontinue use of the website immediately as we will no longer allow you to use the website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither we nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information or opinions, on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Intellectual Property
4. External Links
External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without our express prior written permission. Please contact us if you would like to link to this website or would like to request a link to your website.
We makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
6. Disclaimer of Liability
We shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company’s personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information.
7. Use of the Website
We do not make any warranty or representation that information on the website is appropriate for use in any jurisdiction other than England and Wales. By accessing the website, you warrant and represent to us that you are legally entitled to do so. For the avoidance of doubt you shall not, without our prior written consent, be entitled to: copy, adapt, store or distribute this website; redistribute or resell this website; make any attempt whatsoever to reverse compile, re-engineer, hack or crack any part of this website; or utilise this website in a manner, which is not strictly in accordance with accepted internet usage standards and protocols.
We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of England without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the English courts in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Comments or Questions