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Terms & Conditions

 

We’re an open and transparent business, so we’ve kept the small print to a minimum. Still, it’s definitely worth reading our T&Cs to avoid any potential confusion further down the line.

Terms & Conditions of Site

You agree and abide by these terms and conditions

These terms and conditions are for your protection. Please read them carefully before using this Website. The use of this Website is expressly conditioned on your acceptance of these terms and conditions. By using this Website, you signify your assent and compliance with these terms and conditions. If you do not agree with any part of the following terms and conditions you should not use this Website.

Use of the Website

You may use this Website for legitimate research and business purposes and not for any other. This Website and the content provided herein may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Shutterly Fabulous. Unauthorised use of this site and/or any of the materials contained herein may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of such materials on any other Website or in any other environment of networked computers is prohibited. Users are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Ownership

This Website, and each of its modules, pages or any information contained herein, is the copyrighted property of Shutterly Fabulous and/or its various third party providers and distributors. None of the content or data found on this Website may be reproduced, published, distributed, transferred, sold, or modified without the express written permission of Shutterly Fabulous and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Website are registered and common law Trademarks of Shutterly Fabulous its affiliates, and various third parties.

Exclusion of Warranty

Shutterly Fabulous and its third party providers and distributors and their officers, directors, employees and agents make no warranty of any kind regarding this Web site and/or any materials provided herein, all of which are provided on an ‘as is’ basis. Shutterly Fabulous and its third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found herein and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law from a course of dealing or usage of trade. Some nation States do not allow the disclaimer of implied warranties, so subjects of those States should not to use this Website.

Limited Liability

Shutterly Fabulous assumes no responsibility and shall not be liable for any damages that may infect computer equipment or other property of users on account of their access to, use of, or browsing of this Web site or the downloading of any materials, data, text, images, video or audio from this Website. Shutterly Fabulous and its third party providers and distributors in no event accept any responsibility for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental or consequential damage of any kind arising from the use of this Web site.

At its sole discretion Shutterly Fabulous without any liability whatsoever and at any time and without notice, may terminate or restrict access to any component of this Website. Some nation States do not allow limitation of liability. Subjects of these jurisdictions should not to use this Website.

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Links

This site contains links to other Websites. These are provided solely as a convenience to users, and not as an endorsement by Shutterly Fabulous its third party providers or distributors, in relation to the content of such other Websites. Shutterly Fabulous or any third party provider or distributor shall not be responsible for the content of any other Web sites and make no representation or warranty regarding any other Websites or the contents or materials on such Websites. If users decide to access other Websites they do so at their own risk.

Governing Law & Modification

This Agreement and its performance shall be governed by the laws of England. Users consent and submit to the exclusive jurisdiction English law in all questions and controversies arising out of your use of this Website and this Agreement. Shutterly Fabulous may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of use.

Agreement

These terms and conditions constitute the entire users agreement between Shutterly Fabulous and users of this Website and supersedes any prior understandings or agreements (whether oral or written) and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

Shutterly Fabulous Privacy Policy

We believe very strongly in our customers’ right to privacy. We will never trade, sell, rent, lease, barter, or otherwise share any customer info with a third party. If you provide your email address we will send you occasional notices of new releases, newsletters or other information directly related to our products. This will amount to only a few messages over the course of a year.

Our customer records are not for sale or trade, and we will not disclose our customer data to any third party except as may be required by law.

Any information that you provide to us in the course of interacting with our sales or technical support departments is held in strict confidence. This includes your contact information (including, but not limited to your email address and phone number), as well as any data that you supply to us in the course of a technical support interaction.

We encourage all of our customers to register via our Web site. By registering, you allow us to confirm your eligibility for discounted upgrade pricing, when appropriate, as well as your eligibility for other special offers that we may make to our customers from time to time.

 

The General Data Protection Regulation – May 2018

Under the General Data Protection Regulation (GDPR), introduced in May 2018, you have the right to request a copy of the personal information that Shutterly Fabulous holds about you and to have any inaccuracies corrected. We will use reasonable efforts within our legal duty to supply, correct and/or delete personal information we hold on file. If you reside in the UK, please address requests and questions about this or anything else related to GDPR to Shutterly Fabulous, Quayside House, Basin Road South, Hove, BN41 1WF.

If you reside outside of the UK, please email data@tcmmshuttergroup.com.

When booking an appointment or requesting a Shutterly Fabulous brochure you’ll be asked whether or not you consent to being sent marketing communications such as product news, competitions or sales information. If you choose to opt out of these communications, Shutterly Fabulous will not send you any emails outside of administrative (order confirmation, delivery updates etc.) purposes.

If you already receive marketing communications from us and would like to opt out of these, you can do so by contacting us.

As a final measure, you can request that any personal information Shutterly Fabulous holds on you is completely removed from our database. To do so, please send requests to the above address in writing (if within the UK. If you reside outside of the UK, please send an email to data@tcmmshuttergroup.com.

Credit Cards and 3rd Parties

We do not store credit card information nor do we share customers details with any 3rd parties.

Use of cookies by Shutterly Fabulous

Cookies are small text files that are placed on your browser(s) by many websites that you visit. They are widely used in order to make websites work, or improve the way in which websites work, as well as to provide information to the owners of the site.

Most web browsers allow a degree of control over most cookies through the individual browser settings. To find out more about cookies, including how to see what cookies have been set on your browser as well as how to manage and delete them, visit www.allaboutcookies.org.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

Cookie

Google Analytics

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Purpose

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site usability and visibility on the web. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Click to read Google’s privacy:

More information

Click to read Google’s overview:

Cookie

Open Tracker

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Purpose

These cookies are also used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site usability and visibility on the web. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

More information

You can read more aboutOpentracker cookies here.

Cookie

Privacy and Electronic Communications Regulations acceptance

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Purpose

This cookie is set in accordance with the Privacy and Electronic Communications Regulations and lets us know that you accept cookies being set on your computer from our website.

More information

Click to read more about Privacy and Electronic Communications Regulations: ICO website

Cookie

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Purpose

This cookie is a security measure to stop automated robots submitting forms on our website. When you quit your browser this cookie is removed.

Cookie

Hotjar

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_hjClosedSurveyInvites This cookie is set once a visitor interacts with a Survey invitation modal popup. It is used to ensure that the same invite does not re-appear if it has already been shown.
_hjDonePolls This cookie is set once a visitor completes a poll using the Feedback Poll widget. It is used to ensure that the same poll does not re-appear if it has already been filled in.
_hjMinimizedPolls This cookie is set once a visitor minimizes a Feedback Poll widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.
_hjDoneTestersWidgets This cookie is set once a visitor submits their information in the Recruit User Testers widget. It is used to ensure that the same form does not re-appear if it has already been filled in.
_hjMinimizedTestersWidgets This cookie is set once a visitor minimizes a Recruit User Testers widget. It is used to ensure that the widget stays minimizes when the visitor navigates through your site.
_hjDoneSurveys This cookie is set once a visitor completes a survey. It is used to only load the survey content if the visitor hasn’t completed the survey yet.

 

More information

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Competitions

The competition is open to all residents of the United Kingdom (including Northern Ireland, the Channel Islands and the Isle of Man) and the Republic of Ireland aged 18 and above (“Participants”). The Competition is not open to employees and relatives of California Shutters Ltd nor any other employees of the TCMM Shutter Group or anyone connected with the running of this Competition.

Terms & Conditions of Sale

1. Price and payment

1.1 Payment of the Price (inclusive of VAT, if applicable, or any analogous sales tax, carriage, freight, postage or insurance costs) shall be made by the Buyer, in two tranches. Upon order placement a 50% deposit will be payable, with the remaining 50% due 48 Hours prior to installation.
1.2 Failure to pay the balance prior to installation, as detailed in clause 1.1 will delay the installation of your shutters and may incur further costs as set out in clause 3.4
1.3 In the unlikely event of an unsuccessful installation, we will re order all outstanding Goods and re-install as quickly as possible. We pride ourselves on our customer recovery and can assure all customers that any problems will be fixed as per our 3 year guarantee.
1.4 Any cancellations by the buyer after paying a deposit will result in the deposit being non-refundable. Goods measured or custom made to the buyer’s requirements or specifications are not resalable by the seller. If production is completed then the buyer will be charged the full amount.

2. Goods

2.1 The Seller shall deliver the Goods to the Buyer at the address of the Buyer in the Purchase Order. Delivery time quoted is 8 – 10 weeks for Sea Shipment orders and 5 weeks for Air Ship orders. This lead time commences 48 hours from the day when the Buyer receives their Design and Sales invoice. It is a requirement that the Buyer contacts the Seller within 48 hours of receipt should they need to amend or cancel the order. Should no contact be made then the order will proceed into production as per the invoice detail. Lead times are for guidance only and shall not be deemed as part of the contract with the Seller due to production and shipping delays. Claims for compensation with delays will not be accepted unless stated in writing to a customer at point of sale. Time is not of the essence of the Contract between us.
2.2 Each order for Goods accepted by the Seller shall be deemed to be an individual legally binding contract between the parties
2.3 The Seller cannot accept responsibility in circumstances where the Buyer relies upon a representative present at the time of installation and is not present personally. If the Buyer is not on site when a property is surveyed or when the Goods are installed the shutters will be fitted in accordance with the seller’s standard practices unless previously agreed to the contrary.
2.4 The Goods are made from a natural material. The seller cannot guarantee precise colour matching against samples provided and some stain and paint finishes may have slight tonal differences under certain lighting conditions, this includes tinted finishes applied to the glass of your window (often found on modern double glazed windows, it is the responsibility of the customer to advise the Seller of this, as window tints are not always visible to the naked eye), these variations are not a defect on the part of Seller. In the event of custom colours, the seller will not be held responsible if the stain or paint finish is not a 100% match with other household products, although every reasonable effort will be made to ensure the accuracy of the finished product. .
2.5 Should the Buyer accept use of our complimentary Temporary Blinds, the Buyer must ensure they are fitted to glass only. The glue used is not compatible with UPVC and wooded surfaces.  Fitting and removal of the temporary blind is the responsibility of the Buyer. If the Temporary Blinds have been fitted incorrectly or have not been removed prior to the shutter installation, resulting in special visits to the site or additional work has to be carried out by the Seller’s operative, the Seller reserves the right to make an extra charge, should these conditions not be fulfilled. Notification of such charges may be obtained by the Buyer at his request from the Seller.
2.6 Goods that are supplied for special shaped windows may have certain design constraints. Rotation of slats is restricted to an upward closing position; the opening tilt function may also be limited to around 90 degrees. Fixed slats and larger top rails may also be present. The Buyer will be supplied drawings for approval prior to manufacture. The above restrictions are not a defect on the part of the Seller.

3. Delivery and Installation

3.1 The Seller shall deliver the Goods to the Buyer at the address of the Buyer in the Purchase Order. Delivery time quoted is 8 – 10 weeks (Sea) 5 weeks (Air)  This lead time commences 48 hours from the day when the Buyer receives their Design and Sales invoice. It is a requirement that the Buyer contacts the Seller within 48 hours of receipt should they need to amend or cancel the order. Should no contact be made then the order will proceed into production as per the invoice detail. Lead times are for guidance only and shall not be deemed as part of the contract with the Seller due to production and shipping delays. Claims for compensation with delays will not be accepted unless stated in writing to a customer at point of sale. Time is not of the essence of the Contract between us.
3.2 The Buyer shall be deemed to have accepted the Goods upon their delivery or installation. Any defects in the product once installed must be notified within 30 days of delivery/installation.
3.3 All risk in the Goods shall pass to the Buyer upon completed installation.
3.4 If the Seller is unable to install the Goods due to reasons caused by the Buyer, the Seller shall be entitled, at the Buyer’s expense, to place the Goods in storage until such time as the Goods may be installed. Delays in transit are out of our control and compensation cannot be issued as per clause 3.1
3.5 Installation of the Goods must take place within 10 weeks from the agreed date or the dates notified by the Seller as available for installation, whichever is later. During this time the Goods will be stored at no additional cost to the Buyer. Thereafter, full settlement will be due and storage charges applied.
3.6 The Seller shall carry out its work on a continuous basis during normal working hours and the Seller’s price is fixed accordingly. If special visits have to be made to the site or work has to be carried out in an uneconomical manner if time is lost or additional expenditure incurred due to the Seller’s operative being denied access to or waiting on site or having to return to the site to commence or continue work. The Seller reserves the right to make an extra charge to cover such cost. The Seller reserves the right to make an extra charge should these conditions not be fulfilled. Notification of such charges may be obtained by the Buyer at his request from the Seller.
3.7 The Seller shall only survey for the Goods into fully prepared window openings, (eg sills fitted and surrounds plastered). If however the Buyer requests that the Goods are surveyed prior to the windows openings being completed, drawings will be issued to the Buyer to approve and the Buyer must ensure that the correct tolerances have been allowed. If however the Seller cannot install the Goods due to incorrect opening sizes, no tolerances allowed, openings not being of a structural sound quality, disruption by other trades or obstruction. The Seller reserves the right to incur additional costs to the Buyer for re-attending site to complete works or if needs be, the remaking cost of the Goods.
3.8 It is the responsibility of the Buyer to remove all existing window dressings, such as curtains, blinds and existing shutters. The additional time and charges cannot be allowed for, due to the differing complexity and potential remedial work required.  When the Seller measures the Buyers windows the Seller takes on the responsibility of ensuring that the product will fit. Where windows, their sills   and recesses are not level, the Seller’s Installer may need to plane the outer shutter frame to ensure the Goods can be installed level. Planing of shutters is a standard procedure and will not be accepted as a defect or error by the Seller.
3.9 The Seller does not offer a service to remove and replace the Goods for window maintenance or replacement. If the Buyer chooses to undertake the removal of the Goods, either themselves or by a third party, the 3 year guarantee will become null and void.

4. Title to goods

4.1 The Seller warrants that it has good title to the Goods and that it will transfer title in the Goods to the Buyer pursuant to Clause 4.2.
4.2 Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
Nothing in this Clause shall prevent the Seller from raising an action against the Buyer for payment of the Goods.

5. Damage in transit and installation

5.1 Upon serving notice within 24 hours of delivery to the Seller, the Buyer shall be entitled to replacement Goods if the Seller is reasonably satisfied that the Goods have been damaged during transportation or installation.

6. Guarantee

6.1 Where the goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or in its sole discretion, replace defective Goods free of charge upon the following conditions:
6.1.1 The Buyer notifying the Seller of the defect within 30 days of delivery/installation.
6.1.2 The defect being due to the Seller’s faulty design, workmanship or materials; and
6.1.3 The defect not having arisen from the Buyer’s failure to comply with the Seller’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice.
6.1.4 The Goods are made from a natural material, as such minor imperfections not readily apparent at a distance of four feet, under ordinary light will not be accepted as defects.
6.1.5 The seller cannot guarantee the goods against fading/discoloration caused by fair wear and tear and especially as a result of exposure to sunlight where some fading will occur. The goods are not guaranteed against extreme damp or variable conditions (a high moisture environment such as window condensation).
6.2 All Goods supplied and installed are covered by a 3 year guarantee against later occurring defects in manufacture or installation. For example slat pin failure. If the Goods are not paid for in full at time of installation then this guarantee becomes null and void.
6.3 The Seller cannot guarantee the Goods against warping and twisting, if the Buyer chooses to order the Goods outside the manufacturing parameters as advised by the Seller’s representative.

7. Limitation of liability

7.1 Subject to the Seller’s liability under Clause 4 and subject to Clause 8 the Seller shall not be liable to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
7.2 Subject to this Clause 7 and Clause 8 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, the Seller grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
7.3 Subject to Clause 8 the liability of the Seller under this Agreement howsoever arising shall not exceed the Price.

8. General

8.1 Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Seller for breach of the warranties contained in Clause 4 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between the Seller and the Buyer for the sale and purchase of the Goods incorporating these Conditions.
8.2 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s fraudulent misrepresentation, negligent actions or those of its employees or agents.

9. Governing law and jurisdiction

9.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the Courts of England and Wales.