DOMA INTERIORS TERMS AND CONDITIONS

 

GENERAL

1. In these conditions the sale ‘the seller’ means ‘Doma Interiors’ and ‘the buyer’ means the person, firm or company placing an order for goods or services which are subject to these terms and conditions which are not variable except writing signed by the seller.

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QUOTATIONS

2. (a) All quotations by the seller represent an invitation to the buyer to place an order and do not constitute a legal offer. The deposit receipt will be regarded as the offer and the seller’s order acceptance will be regarded as binding. No alternative terms and conditions will be considered or accepted by the seller.

(b) All estimated are quoted without commitment and are subject to alteration or withdraw by the seller without prior notice. Prices included are inclusive of delivery and installation.

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DELlVERY

3.

(a) Delivery times stated are estimates only and time is not of the essence. Whilst every effort is made to ensure accuracy the seller cannot accept responsibility for consequential loss or damage arising out of delay or failure to deliver by the specified date. Shutters will have a delivery period in excess of 12 weeks, while other products such as blinds will have lead times of around 2 weeks. Due to the unpredictable nature of international shipping all lead times are estimated and cannot be guaranteed.

If your delivery has been delayed due to an event outside of our direct control then we will do everything we can to ensure that it is installed at the earliest possible opportunity. However, as our lead times are only ever given as our ‘best estimate’ we are unable to provide a discount if your order arrives later than originally expected.

(b) The seller takes full responsibility for the delivery of your shutters prior to installation

(c) Once the goods are delivered to the buyer and acknowledged for either in good condition or unchecked, the seller cannot accept responsibility for any damage to said property.

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RETENTION OF TITLE

4. (a) The goods shall remain the property of the seller until full payment has been received (each order being considered as a whole) or until prior resale in which case the beneficial and legal entitlement of the seller shall attach to the proceeds of the resale or to the claim on those proceeds.

(b) The buyer’s right to possession of the goods will cease at the earliest of the following date:
i. On expiration of any agreed period of credit or the due date for payment of any invoice has passed.

(c) The seller will have the right if paragraphs (a) or (b) apply:
i. To repossess the goods
ii. To use or sell all or any of the goods
iii. To enter any premises of the buyer for the aforesaid purposes.

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MININIMUM ORDER
5. (a) There is no minimum order.

 

PAYMENT TERMS

6. (a) Shutters will not be put into production until 50% of total order value has been received.

(b) Final payment (remaining 50% of total order value) shall be made by the Buyer, to the Seller before installation.

(c) If payment is not made by the due date interest shall be charged thereon at a rate of 2.5% per month above the base rate of Lloyds TSB Bank PLC for the time being on a day to day basis, at the discretion of the seller.

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LIABILITY / FITTING LIABILITY
7. All goods are sold to the buyer on the following conditions.

(a) All goods should be fully inspected prior to installation. The buyer must check that the shutters are in accordance with the purchase order both for colour and design prior to installation. The seller cannot accept responsibility in circumstances where the buyer is not present at the installation address.

(b) The buyer must check that shutters are to agreed colour-way prior to installation. The seller cannot guarantee precise colour matching against samples, our products are made from a natural material. Minor imperfections not readily apparent at a distance of four feet under ordinary light will not be accepted as defects. Colour matching of finishing products (eg paints and stains) cannot be guaranteed although every reasonable effort will be made to ensure the accuracy of the finished product.

(c) The itemised invoice is considered the statement of work. All styles, panel operation, colours and splits documented within this invoice is what the seller will be delivering. It is the buyers responsibility to check that these are correct and aligned to choices before a deposit is made.

(d) Shutters will be fitted taking into consideration structural integrity as a priority. Shutters will be fitted to either masonry, plasterboard, window frames directly or where required, tiled surfaces - Our fitters will make this decision on the day of installation after an evaluation of the work area. Our shutter frames are designed around fitment to your windows and uniformity will be prioritised for windows that require different fitments.

(e) Under no circumstances except in respect of death or personal injury caused by the seller’s negligence does the seller accept liability for consequential Ioss, damage, costs or expenses, howsoever arising and any liability for any such consequential loss damage is hereby specifically excluded. Should a claim be made the seller’s liability is limited to the value of the order placed by the buyer.

(f) The seller gives no warranty as to the fitness of the product supplied for any purpose other than that of an internal window dressing as surveyed by the company, other installation and uses are the risk of the buyer.

(g) Tolerance levels of overall panel specifications are plus or minus 5mm per individual panel, and the product will not be considered defective if failing within the size range. Warp on any component part, vertical or horizontal, shall not exceed 1.5mm per 300mm and shall not be considered defective if within this tolerance.

(h) Limitations. It is recommended that panels be ordered within our normal specification range. We may exceed the limitation at your request, but in doing so we cannot accept responsibility for problems that result.

(i) Due to the high quality of our product (solid hardwood), the opening and closing operation of shutter panels of over a height of 1.8m or bi-fold (two or more connecting shutter doors) may be impacted due to the weight underpinning the hinges. The shutter panel opening will however, be fully operational on all installations.

(j) The seller accepts no responsibility for changes in any aspect of the window or window surround/window handles/alarms sensors/or any additions to window or the surround after the final measure and the order has been placed. This does not, however, affect the consumer’s statutory rights.

(k) Since our products are made to measure, no cancellation or modifications can be accepted once an order has been agreed and deposit paid buyer are liable for the full value of the order.

(m) In the event of breakage or damage to the property, Doma Interiors will notify the buyer immediately and set out steps to remedy the situation. Similarly, if at the end of a job the buyer is dissatisfied with any aspect of the service, they must inform the seller as soon as possible. Buyers must allow the seller to affect a remedy using our own tradespeople and under no circumstances will the seller be held liable for the costs of reparations by third parties that have not been expressly agreed to in writing.

(n) In the event of imperfections or visible damage, the buyer must inform the seller of these as soon as possible in order to set out steps to asses and rectify with our factory. The buyer must allow the seller to affect a repair using our own tradespeople. The repair / imperfection not visible at a distance of four feet under ordinary light will not be accepted as a defect.

(o) If you raise a claim or issue regarding the installation services, the buyer must allow the seller access to review the installation services/products and to take photographs of any alleged damage or poor quality of work.

(p) Installations will be carried out as a whole per order in a single installation phase. Should the buyer wish to carry out a phased installation process, it is at the sellers discretion to do so. We require as much notice as possible for this to be considered.

(q) Blackout tolerance levels: Due to shutters being an operational window dressing with moving slats and panels, shutters will not offer a 100% light blackout level. Buyers requiring maximum darkness can purchase shutters with an integrated blackout blind - Whilst this does offer enhanced light control than shutters alone, this still will not be 100% blackout (typically 85-95%).

(r) If the client is not on site when property is surveyed or installed the shutters will be fitted in accordance to our standard practices unless agreed prior to confirmation.

The foregoing is in substitution for all other terms, expressed or implied relating to the quality or fitness for purpose, and all such terms are hereby excluded. This does not, however, affect the consumer’s statutory rights.

(s) During and or on completion of installation of shutters the seller may take photographs of the installation and area surrounding the window/door for quality control, which may be reviewed by all parties should a quality control matter be forthcoming.

 

8. OUR RIGHTS TO MAKE CHANGES
(a) We may change the specification of any of the product(s) you have ordered: (a.1) to reflect changes in relevant laws and regulatory requirements; and/or

(a.2) to implement minor technical adjustments and improvements. These changes will not affect your use of such product(s).

(b) If for any reason we are required to make more significant changes than those set out above to any of the product(s) you have ordered, which will affect your use of such product(s), we will notify you and you may then contact us to end the contract before the changes take effect and receive a full refund for any product(s) you have paid for but not received

 

9. YOUR RIGHTS TO MAKE CHANGES

(a) If you wish to make a change to the product(s) 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(s), the timing of their 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. If your order has already been put into production the order cannot be changed.

 

10. YOUR RIGHTS TO TERMINATE THE CONTRACT

(a) All products are bespoke and made-to-measure to your requirements. As such, they fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and (subject to clauses 10.b below) you will not therefore be able to cancel your order for any product(s) once placed, provided that this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty.

(b) Notwithstanding clause 10.(a) above, we will accept the cancellation of your order once placed as long as your notice of cancellation is received within 24 hours from when your order is placed. Our preferred method of cancellation is by email to hello@domainteriors.co to ensure traceability. Your notice of cancellation will be deemed to have been served on and will take effect from the day it is given to us.

 

11. OUR RIGHTS TO TERMINATE THE CONTRACT
(a.1) We may end the contract at any time by writing to you if:

(a.2) 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;

(a.3) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) you have ordered;

(a.4) you do not, within a reasonable time, allow us to deliver the product(s) ordered to you; or (a.5) you do not, within a reasonable time, allow us access to your property to supply any services.

(b) If we end the contract in any of the situations set out in clause 11.a above and the manufacturing of the product(s) you have ordered has already started, we will not (due to the product(s) being bespoke and made-to-measure to your requirements) refund any money you have paid in advance for such product(s) and we may also be entitled to further compensation.

(c) We may write to you to let you know that we are going to stop providing any product you have ordered. We will either supply an alternative product or refund in full any sums you have paid in advance for the product which will not be provided.

(d) If the contract ends for any reason, all terms of the contract shall cease to have effect, except that any term that can reasonably be inferred as continuing, or is expressly stated to continue, shall continue in full force and effect.

(e) The contract ending for any reason shall not affect any accrued rights of you or us. JURISDICTION

12. Contracts with the seller shall in all respects to be constructed and operate as a contract made in England. The buyer and the seller hereby accept the exclusive jurisdiction of the English or European Courts in relation to any dispute which may arise out of or in connection with the contract for the goods supplied thereunder save that either party to the contract may refer any dispute thereunder to the tribunal of arbitration of the London Chamber of Commerce.