1. These terms
What these terms cover
. These are the terms and conditions on which we supply products to you, whether these are goods or services.
Where the term “Online” is used in these terms, this refers to our online goods provided by California Shutters Limited.
1.1 Why you should read them
. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.2 Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.3 If you are a business customer this is our entire agreement with you
. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are
. We are California Shutters Limited a company registered in England and Wales. Our company registration number is 04689175 and our registered office is at Quayside House, Basin Road South, Hove, East Sussex, BN41 1WF.
2.2 How to contact us
. You can contact us by telephoning our customer service team at 0800 195 0 196 or by writing to us at email@example.com.
2.3 How we may contact you
. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails
. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order
. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You must check that the order details on the email confirmation are correct and advise us immediately if anything is incorrect.
3.2 If we cannot accept your order
. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number
. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Online: We shall phone you following receipt of your order. Following receipt of your order, we will call you to check that you are satisfied with the measurements and design submitted on your order before production begins. We will not process your order until we receive your “OK TO PROCEED” via written communication, at which time you will be sent a confirmed invoice by email.
3.5 B&Q: At no time shall B&Q assume any proprietary rights over, or liability for, the products either before or after sale at any stage of the marketing, sale and delivery process. For the avoidance of doubt, all consumer contracts concluded through the site are between you and California Shutters Limited (or its Affiliates as appropriate) acting in its own capacity and not as agent for B&Q.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and materials accurately, we cannot guarantee that a device's display of the colours accurately reflects the colouring of the products. Your product may vary slightly from those images. This is because of variations in the natural material used to make the product, tonal differences may look different under different lighting and because the type of monitor used and its display settings affect how colours, shades and tones appear on screen. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a +/-2-4mm tolerance. If an accurate colour matching is required, we recommend that you order a sample from use prior to placing your order. A variation in colour or pattern or material between the delivered goods and the sample, image or description does not entitle you to reject the goods or to claim compensation.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. We shall not be responsible for any incorrect measurements supplied. You can find information and tips on how to measure on our website or by contacting us.
5. Your rights to make changes
If you realise that you have made an error when placing your order or if you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Once the manufacture has started the production, we will not allow any cancellation or changes to the order. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the products
. We may change the product:
to reflect any changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements.
6.2 More significant changes to the products and these terms
. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you before production has started. If you are not happy with the changes to the products, we can work together to find a suitable solution and if you are still not satisfied, then you may contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
Stain or paint finishes;
Hardware of hinges or fittings.
Where we are providing goods for special shaped windows, you acknowledge that there may be certain design constraints, including the rotation of slats which may be restricted to upwards closing position or the tilt function may be or fixed. Production time will be longer than standard shutters so delivery timescales will be extended.
7. Providing the products
7.1 Delivery costs
. The costs of delivery will be as displayed to you on our website and will be confirmed in your order confirmation.
7.2 When we will provide the products or services
. During the order process we will let you know when we will deliver or supply/install the products.
7.2.1 If the products are goods
: Delivery of the products must take place within 4 weeks of the date on which we notify you that they are available for delivery. During this time the products will be stored by us at no additional cost to you and we will arrange a delivery date with you on 1 to 5 working days’ notice. All payments due in respect of the products must be received by us prior to delivery of the products.
If we are required to store the products beyond the 4 week period, whether due to non-payment or for any other reason, we reserve the right to charge you for storage costs incurred by us.
You will need to be at home (or at the delivery address if different) all day on the delivery date arranged. If you are not at home the products will be delivered in accordance with clause 7.4 and 7.5.
We aim to deliver all products within the estimated lead time advertised on our website but this cannot be guaranteed.
7.3 We are not responsible for delays outside our control
. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For instance, where there may be a delay in receiving the products from our overseas supplier. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you have ordered Online and you are not at home when the product is delivered
. Delivery will be between 8am and 6pm. If no one is available at your address to take delivery, please leave a signed note on your door with instructions. If there is no note, the carrier used to deliver the products will leave you a note informing you of how to get your products, may attempt delivery to an immediate neighbour or leave the goods in a safe place on the property.
7.5 If you have ordered Online and you do not re-arrange delivery
. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 If you do not allow us access to provide services
. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods
. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.8 When you own goods
. You own a product which is goods once we have received payment in full.
7.9 What will happen if you do not give required information to us
. We may need certain information from you so that we can supply the products to you, for example, window measurements. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you
. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of products
. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 4 weeks we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 You can always end your contract with us
. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract
(or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3;
8.1.3 If you are a consumer and have just changed your mind about the product, see clause 8.4
. You may be able to get a refund if you are within the cooling-off period and, if this is applicable to you and your products, and the product is not a made to measure product, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.2 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.3 Ending the contract because of something we have done or are going to do
. If you are ending a contract for a reason set out at 8.3.1 to 8.3.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product not yet provided which will have a significant impact on the functioning or quality of the product or these terms which you do not agree to (see clause 6.2);
we have told you about an error in the price (which results in increased costs to be paid by you) or description of the product you have ordered (which affects any use of the products) and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed of more than eight weeks because of events outside our control; or
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks.
8.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013)
. All of our products are made-to-measure specifications or are clearly personalised and accordingly, you do not have a right to change your mind (regulation 28(1)(b), Consumer Contract Regulations).
8.5 When consumers do not have the right to change their minds
. You do not have a right to change your mind in respect of:
made-to measure products;
services, once these have been completed, even if the cancellation period is still running;
any products which become mixed inseparably with other items after their delivery.
8.6 How long do consumers have to change their minds?
How long you have depends on what you have ordered and how it is delivered. Have you bought services (for example, installation services)?
If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, in this instance the Check Measure, then a fee of £100 will be payable covering costs and admin of the visit. This will be deducted from the refund.
8.7 Ending the contract where we are not at fault and there is no right to change your mind
. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we may refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you).
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract
. To end the contract with us, please let us know by calling customer services on 0800 195 0 196 or emailing us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract
. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at ‘California Shutters, Unit A3, Dolphin Way, Shoreham-by-Sea, BN43 6NZ’ or (if they are not suitable for posting) allow us to collect them from you. Please:
take a photograph of the box and the damaged parts of the product;
call customer services on 0800 195 0 196 or email us at email@example.com
within 24 hours of delivery with a description of the product and the damage and attaching the photographs of the damage and request for a return label or to arrange collection.
You are responsible to provide the packaging for the goods to ensure their safe return to us.
9.3 When we will pay the costs of return
If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
. We will pay the costs of return:
if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.1 We may end the contract if you break it
10. Our rights to end the contract
. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example fitting instructions;
you do not, within a reasonable time, allow us to deliver the products to you; or
you do not, within a reasonable time, allow us access to your premises to supply the products or services.
10.2 You must compensate us if you break the contract
. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, for example, where the products are in the process of being made when you break the contract.
11. If there is a problem with the product
11.1 How to tell us about problems
. If you have any questions or complaints about the product, please contact us providing us with photos of both the product and any related box/packaging to enable us to make an assessment. You can telephone our customer service team at 0800 195 0 196 or write to us at firstname.lastname@example.org. Alternatively, please speak to one of our staff in-store.
11.2 Warranty. As well as your rights in respect of a defective we offer a 3 year warranty (the Warranty Period) from the date of Delivery.
11.3 The warranty only applies to the goods in respect of:
11.3.1 structural defects;
11.3.2 warping; or
11.3.3 Significant paint or stain discolouration.
11.3.4 (the Defects)
11.4 You should give us notice in writing, by email, during the Warranty Period that some or all of the goods have the Defects.
When giving this written notice you should include pictures of the Defects.
11.5 Where your goods are defective we shall, as appropriate repair or replace the defective goods, or refund the price of the defective goods.
12. Your rights in respect of defective products if you are a consumer
12.1 Your legal rights
. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2 Your obligation to return rejected products
. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
13. Price and payment
13.1 Where to find the price for the product
. The price of the product (which includes VAT for consumers) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. Any price displayed on our website shall be subject to change at any time. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT
. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong
. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.4 When you must pay and how you must pay
. We accept payment by all major credit cards, except American Express. When you must pay depends on what product you are buying:
13.4.1 For Online goods
, where orders are placed online you must pay all of the purchase price for the products at the time of the order and before we dispatch them.
13.5 Our right of set-off if you are a business customer
. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6 We can charge interest if you pay late
. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 What to do if you think an invoice is wrong
. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us
. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12 and for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage to your property
. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. Where we are not providing any services, we cannot be held liable for any damages caused by you or your own third-party fitter.
14.4 You are required to provide a safe working environment
. If we are attending your premises to undertake our services, we require you to ensure that the environment is safe and clear of any obstructions prior to us being able to carry out our services.
14.5 We are not liable for business losses
. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
15 Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
To the extent permitted by law, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 15.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
16. How we may use your personal information
17.1 We may transfer this agreement to someone else
17. Other important terms
. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to
). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 If a court finds part of this contract illegal, the rest will continue in force
. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it later
. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.5 Which laws apply to this contract and where you may bring legal proceedings
. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
California Shutters Limited 2021.
These terms were replaced on 27/05/2020. If you require a copy of the previous terms please contact us.