TERMS & CONDITIONS
GENERAL CONDITIONS.
1. The Contract will be between the seller: Miradecon Ltd. trading as ShutterStyle (herein after referred to as ShutterStyle), whose Irish company registration number is 651575, and whose registered office is,
3RD FLOOR PARAMOUNT COURT
CORRIG ROAD
SANDYFORD INDUSTRIAL ESTATE, DUBLIN 18, D18R9C7
and the Customer (herein after referred to as the ‘Customer’), whose name and address is detailed on the accepted quotation for services to be provided by ShutterStyle.
2. Acceptance by the Customer of a ShutterStyle quotation[s] includes acceptance of these Standard Terms and Conditions.
3. Any variation or addition to these Standard Terms and Conditions agreed between ShutterStyle and the Customer will be detailed on the confirmation of order. Such additions or variations will apply in conjunction with these Standard Terms and Conditions, except where specifically indicated and agreed otherwise.
4. All parties acting jointly as the Customer, i.e. spouse and/or domestic partners etc., shall be jointly liable for the terms of the accepted contract.
5. Quotations provided to the Customer will be based on the requirements and/or information given by the Customer. Quotations will be subject to alteration, variation or refusal, if the required work content and/or specification changes and/or the information provided is incorrect.
6. Due to the bespoke nature of ShutterStyle products, the company is exempt from the 14-Day cancellation period under the Consumer Contracts (information, cancellation and additional charges) Regulations 2013.
7. Materials subject to special order or delayed delivery lead times that could result in wholesale price changes will be detailed as such on the quotation, for acceptance by the customer. Any such price variations will be subject to verification provided by ShutterStyle and the customer shall be liable for payment of the difference in price, including additional taxes and duties.
8. Quotations shall remain open for acceptance by the Customer for a period of 90 days, unless otherwise indicated.
SHUTTERSTYLE OBLIGATIONS.
1. ShutterStyle agrees to provide the materials and/or carry out the work as detailed on the quotation and duly signed as accepted by the Customer, in a timely, professional and competent manner and to meet with all regulatory and safety standards at all times.
2. ShutterStyle assures that all operatives involved with the work shall be appropriately skilled and qualified as necessary for the work they undertake and further, that all apprentices and non-skilled operatives shall be properly instructed and supervised at all times.
3. ShutterStyle agrees to comply with all Health and Safety requirements and directives as issued by the Health and Safety Executive (HSE) in respect of all parties (customers, workers, the public and other persons), as related to and relevant to the work.
4. ShutterStyle warrants that all equipment, tools, machinery and sundry items used in fulfilling the Contract shall be of the appropriate type, and conform to current safety standards at all times.
5. ShutterStyle obligates that all materials supplied under the contract shall be of the type and standard specified within the quotation to the Customer, and in all cases shall comply with any relevant current Irish, European or International Standard as appropriate.
6. ShutterStyle will provide an anticipated delivery and/or installation date to the customer at the time of acceptance of the quotation. A delivery and/or installation date will be agreed with the customer, subject to the commitments of ShutterStyle and the Customer, once the final date of manufacture and/or supply is known.
7. Should assistance or additional manpower be required for unloading the goods, ShutterStyle shall note the requirement on the quotation and, at the discretion of the Customer, ShutterStyle shall either include for the required assistance within the quoted price or, the Customer will commit to provide the additional manpower. In the case of the latter the customer shall be liable for any costs resulting from the failure to provide the agreed assistance. Such costs shall include, but not be limited to, redelivery, the provision of required manpower, lost labour time and profit.
CUSTOMER OBLIGATIONS.
1. The Customer shall ensure that access to the work premises is available to ShutterStyle operatives at all working times, generally between 9am to 6pm Monday to Friday, unless otherwise agreed and specified.
2. The Customer warrants that the area of the works is cleared of furniture and any other impediments, and further that all personal and valuable items are removed from the vicinity of the work, prior to the work commencement.
3. The Customer is obligated to ensure that the premises/area of work is appropriately protected from unauthorised access during hours of non-work by ShutterStyle.
4. The Customer shall be responsible for the provision of services and facilities (water, electrics and toilets etc.), for use by ShutterStyle operatives, unless prior specific alternative arrangements are agreed.
5. Risk for loss and/or damage of all materials and equipment delivered to the Customer’s premises shall pass to the Customer upon acceptance of the delivery.
6. Building permits or authorisations, including any fees or charges, required or levied by any statutory authority, company or organisation, shall be the sole responsibility of the Customer.
7. ShutterStyle reserves the right to refuse to undertake any work that is deemed likely to be ineffective or unsafe.
8. The customer shall immediately inspect all goods upon delivery and notify ShutterStyle of any defects within one working day.
9. All goods must be inspected at the point of installation. The Customer must ensure that the shutters and/or blinds are in accordance with the purchase order both for colour and design prior to installation.
10. Unless otherwise agreed, it shall be the responsibility of the Customer to remove or to have removed, all impediments to the installations of ShutterStyle blinds and shutters. Such impediments shall include but not be limited to; curtain, rails and tracks, protruding handles and opening mechanisms, security locks and alarm sensors.
11. If requested by the customer, where design/installation drawings are produced by ShutterStyle, one copy of each final agreed document shall be provided to the Customer without charge, in either paper or electronic format as required. Where additional copies are requested by the Customer these may be subject to charge at the discretion of ShutterStyle.
12. Following completion of any supplied and installed items by ShutterStyle, the customer is obligated to report any faults or defects to ShutterStyle immediately upon discovery. In such an instance the Customer accepts their obligation to allow ShutterStyle access to inspect the work in order to identify the cause and/or effect rectification of the fault or defect, as appropriate.
13. Where a Customer provides their own measurements for ShutterStyle to supply items for installation by the Customer, ShutterStyle shall be limited in its liability to any defects relating to the items supplied only. ShutterStyle shall not be liable for any defects that occur as a result of the Customer installation or defects in the installation itself.
14. Unless otherwise agreed and specified the Customer shall be responsible for any incidental redecoration or other works resulting from ShutterStyle carrying out the requested work.
TIMESCALE FOR WORKS.
1. Where a specific commencement date, timescale and completion date for the works is agreed by both parties, this will be noted on the quotation. ShutterStyle shall not be responsible for any loss or damage arising out of delay in the completion of the contract due to any cause beyond its control.
2. If an agreed project commencement date is postponed, or a project is delayed at the request of, or as a result of Customer actions, or Customer employed other trades or companies involved in the same or a related project, it shall be the Customer’s responsibly to defray any resulting costs incurred by ShutterStyle. Such costs shall be itemised by ShutterStyle and shall include, but not be limited to, labour, materials, transport overheads and profit.
VARIATIONS AND CHANGES TO QUOTED WORK.
1. Requested variations or additions to accepted Quotations and defined works shall be confirmed in writing, indicating the agreed additional cost, and will be subject to written confirmation of agreement by the Customer. Or if appropriate, subject to a separate quotation for signed acceptance of the work content and price by the Customer.
Payment.
1. The Customer agrees to pay the accepted quoted price including such taxes as levied by Revenue at the rate applicable at the time, in accordance with the following terms:
a) Unless otherwise specified and with the exception as specified in clause 1. d) below, a deposit of 50% (Fifty percent) of the total price (including VAT) will be required upon acceptance by the customer of the ShutterStyle quotation to cover the allocation of labour, and cost of materials ordered as required to complete the specified works. A receipt for such payments shall be issued to the customer.
b) An invoice for the final amount of the quotation (including VAT) will be issued upon the installation date/within 2 days for payment by the customer a minimum of two working days prior to despatch (if via courier), delivery and/or installation by ShutterStyle.
c) Any variations to the standard payment terms as detailed under 1. a) and 1. b) above will only be applied, if agreed by ShutterStyle and detailed on the quotation provided to the Customer.
2. Unless otherwise agreed, payment of ShutterStyle tax invoices can be made by Credit or Debit Card, Bank Transfer or Cheque.
3. At the discretion of ShutterStyle, payments by Cheque may be subject to clearance verification services at the cost of the customer, or only considered paid, once the cheque amount has been received in the ShutterStyle account.
4. Payments by direct bank transfer must be made to the following account using the Customer name as reference:
• Account Name: Miradecon Limited
• Account Number IBAN: IE71BOFI90059487157800
• Account Sort Code BIC : BOFIIE2D
5. Overdue invoices will, at the discretion of ShutterStyle be charged at the prevailing DBEI recommended rate of interest for overdue accounts.
6. ShutterStyle shall retain full title to any goods, materials and equipment supplied until payment of the full invoiced amount is received.
7. In the event of default by the Customer in respect of any sums due, ShutterStyle reserves to right to pursue the outstanding debt via the County Court or, at the discretion of ShutterStyle, pass the debt to an approved debt collection service. The customer will be solely liable and responsible for defraying all costs associated with either of the foregoing methods of recovery.
GUARANTEES AND INDEMNITIES.
1. ShutterStyle guarantees that it will maintain Public Liability Insurance at all times and provide evidence of such insurance upon request.
2. ShutterStyle guarantees all installation work and hardware materials for a period of 1 (one) year from the date of installation. Wood and composite materials are guaranteed for a period of 5 (Five) years from the date of installation, or the date of delivery in the case of supply only.
3. Every effort will be made by ShutterStyle to match colours (e.g. paints and stains) against samples. However due to the natural and sustainable nature of the materials used, where natural variations of grain and colour can occur, ShutterStyle cannot guarantee precise colour matching in all instances.
4. ShutterStyle reserves the right to withdraw any products and colours from its range without prior notice and cannot guarantee continued availability following the execution of any accepted orders.
5. Due to the exposure of shutters and blinds to sunlight and other light sources, ShutterStyle guarantees shutters against fading as a result of such exposure for a period of 5 (Five) years and blinds for a period of 1 (One) year.
6. ShutterStyle shall not be liable for any guarantee if any reported defect is found to be as a result of misuse, mistreatment, poor storage/use conditions such as damp, humid or variable conditions or any situation outside of the control of ShutterStyle, that occurs at a Customer location where the materials are stored or installed.
7. The Customer accepts that ShutterStyle blinds and shutters are not marketed or sold as blackout blinds or shutters and as such total light occlusion is not guaranteed.
8. ShutterStyle warrants that all information provided by the Customer and held by the Company shall be treated in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and Data Protection Acts 1988-2018.
FORCE MAJEURE.
1. No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party (“Force Majeure”). Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
TERMINATION.
1. Following acceptance of the ShutterStyle quotation for the bespoke materials to be provided and work to be carried out, if for any reason the Customer should wish to cancel the contract, the Customer will be liable for all actual related costs and losses incurred by ShutterStyle up to the date of termination and as appropriate, throughout the proposed period of the contract.
2. Such costs will be itemised for the Customer and deducted from any deposit amount paid, subject to it being a less or equal amount. Additional costs incurred exceeding any deposit amount, will be invoiced for immediate payment. Such costs will include, but not be limited to; labour (including design and administration), overheads, materials and special items purchased (including those ordered but not received, if non returnable), freight and restocking charges which may be applied by suppliers and labour booked that cannot be re-assigned. All such termination costs shall include ShutterStyle usual profit element up to the date of termination and if applicable, to the proposed period of the contract.
3. The lead time on all Plantation Shutters is approx. 10 to 14 weeks. From time to time, delays may occur with delivery’s and or manufacturing. We will advise you during this period if any delays may occur. If delays exceed 26 weeks, we will, at our discretion, issue a refund if requested. Requests to cancel plantation shutters orders if delays are prior to the 20 weeks delivery will not be permitted.
COMMUNICATION.
1. All notifications and communication between ShutterStyle and the Customer shall be made to or from either the registered address or the operating address of the company or the usual electronic address of either party.
2. Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender and will only be deemed as received once confirmation of receipt is received by the sender.
3. All notifications and communications sent or received by either party shall be retained.
JURISDICTION.
1. Any contract between ShutterStyle and the Customer shall be covered under the laws of the Republic of Ireland.