Terms And Conditions Of Sale
Any statutory consumer rights enjoyed by you are not affected in any way by these terms and conditions of sale.
1.1 These terms and conditions will apply when you place your order with us.
1.2 These terms and conditions make repeated use of certain terms which we have defined in condition 12.
1.3 Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.
1.4 Please print these terms and conditions and any email we send you for future reference.
- SPECIFICATION OF GOODS
2.1 Using the Measuring Guide, it is your responsibility to provide us with exact measurements, suitable for your requirements. We shall not be responsible for your inaccurate measurements.
2.2 Once you have ordered you will receive a confirmation email which you are responsible for checking, we cannot accept returns for refunds as we are not able to resell made to measure goods.
2.3 All measurements are manufactured in centimeters (CM) only.
2.4 All sizes and measurements stated by us in relation to the goods are approximate only.
2.5 All made to measure curtains; pencil pleat, wave, double and triple pleat headings are manufactured to a minimum of 2.3 fullness.
2.6 All made to measure roman blinds are cut to size and will be accurate with working tolerances and variances of +/-5mm. Orders cannot be returned if within this limit.
2.7 We are unable to guarantee that the digitally produced images shown on the website:
Accurately reflect the colours, due to variations in light and colour between different computer monitors.
Will be the same from one item to another in the case of matching sets, due to slight variations in dye lots and age of orders placed.
Accurately reflect fabric texture and feel, it is recommended to order a free sample before purchasing.
2.8 If you require an exact colour match or would like to see any of the fabrics in person, we offer a fast, free sampling service which is recommended on all made to measure products as goods cannot be returned for a refund.
3 PRICE AND PAYMENT
3.1 The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.
3.2 All prices are shown in UK £s sterling and include value-added tax (where applicable) at the applicable current rate.
3.3 Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.
3.4 Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
4 ORDER PROCESS AND CONTRACT FORMATION
4.1 The steps required to create a contract of sale between you and us are as follows:
on this website, you will be guided through the process of placing your order by a series of simple instructions;
you will place your order by pressing the order confirmation buttons during the check out process;
because many of our goods are custom made to your specifications, we take payment from you at the time you place your order, using the credit or debit card details supplied by you during the checkout process. Please note that this payment is not an acceptance by us of your order or evidence of any contract;
Your order is always subject to our acceptance;
You will receive an order confirmation which is your responsibility to check, we cannot accept claims based on incorrect measurements or products.
Where delivery of the goods is made to mainland UK, acceptance of your order and the completion of the contract between you and us will only take place when we issue your order acceptance email detailing the goods and the price and a reference to these terms and conditions;
5.1 Delivery of goods can only be made to mainland UK.
5.2 All goods must be signed for by an adult aged 18 years or over on delivery.
5.3 Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors.
5.4 Order statuses and delivery time frames can be checked using the “order tracking” page on the website, where you will see the latest status of the order. We also provide you with up to date order statuses through email.
5.5 Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
5.6 If your order is damaged, please contact us within 7 days to process a claim for a replacement. Images may be requested for claim purposes, this does not affect your statutory rights. If you are missing any items from your delivery, please contact us within 7 days to process a claim for replacement.
6 SUBSTITUTE GOODS
6.1 We will never supply you with substitute goods.
7 CANCELLATION RIGHTS AND RETURNS
7.1 Where the goods are "made to measure" you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification, pursuant to The Consumer Contracts (information, cancellation and additional charges) Regulations 2013. This does not affect your statutory rights.
7.2 In regards to returning non-made-to-measure products, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICAC Regs) apply and state that for a sales contract (goods or goods & services), the cancellation period ends 14 days after the day on which the goods come into the possession of the consumer or their identified recipient. You can cancel by delivering a cancellation notice to our returns address at:
OTRT Designs, Unit 132 Pegaxis, 61 Victoria Road, Surbiton, KT6 4JX
7.3 If you cancel your order:
you may return the goods to us at our returns address detailed in condition 7.2, unless they are not of satisfactory quality, fit for purpose or as described within the meaning of the Consumer Rights Act 2015 in which case your statutory rights are not affected:
we shall arrange for the goods to be collected from you at our own cost and expense: or
we will reimburse you the reasonable delivery costs incurred by you in returning the goods to us.
you must re-pack and take reasonable care of the goods whilst they are in your possession;
within 14 days of your order being returned, we shall provide you with a refund of the price paid for the goods, less any price paid by you a non standard delivery service.
8.1 All of our goods are guaranteed against defects in manufacture and material from delivery for a period of:
12 months in the case of blinds and "made to measure" curtains
8.2 Should any defect arise during any warranty period, we shall at our expense, repair or replace the defective goods (or any part of them) on a like for like basis, provided that the defect has not arisen as a result of:
fair wear and tear;
misuse or abuse;
non domestic or business use;
the goods being installed except as otherwise in accordance with accompanying written instructions or good industry practice.
9.1 Any contract between you and us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England.
9.2 Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
10 DATA PROTECTION
10.1 Your privacy is very important to us. Please review our Data Protection Policy which explains how we will use your personal information that you disclose to us when placing the order.
11 ABOUT US
11.1 otrt.co.uk is a trading name of OTRT Designs.
11.2 This website is operated by OTRT Designs which is part of Blinds and Poles Direct Ltd (registered in UK with company number 07201001), which has its registered office is at Unit 132 Pegaxis, 61 Victoria Road, Surbiton, KT6 4JX
11.3 If you have any questions regarding this website, these terms and conditions, or your order, please contact us using the Contact Form or by using the details below:
Post: Unit 132 Pegaxis, 61 Victoria Road, Surbiton, KT6 4JX
Phone: 0203 751 4105
12.1 In these terms and conditions:
"we", "us" or "our": means Otrt Designs (registered in UK with company number 07201001);
"goods": means the goods confirmed in our order acceptance email;
"order": means your order made by you, using this website, to purchase goods from us;
"website": means this website with the address www.otrt.co.uk
"you" or "your": means you, the user of this website and/or purchaser of the goods.