ONLINE TERMS AND CONDITIONS –
DÉCOR MADE TO MEASURE PRODUCTS
In addition to the terms and conditions of the use of the Builders website, by ordering made to measure Products on the Builders website, you hereby agree to the following additional terms and conditions.
Builders offers “made to measure” goods to its Customers. In this regard, Builders is not a subcontractor or an installer and only offers the made to measure services in respect of certain goods including, but not limited to:
- Curtain Rods/Pelmets
(“hereafter the “Products”)
Builders does however, have its own approved installers for installation purposes.
Should the Customer require installation of any sort for the Products that have been made to measure, the Customer shall pay for all installation fees quoted and will proceed to sign all further documentation required in respect of the installation with such installer.
Should the Customer wish to have the Products that have been made to measure installed by a Builders approved installer, Builders shall arrange for an installer to provide the installation services on request from the Customer. All installation is quoted at an approved rate with such installers.
The price stated is based on the measurements requested by the Customer based on the Customer’s measurements and the available Products as advertised on the website.
Measuring and installation fees which are not specified in the stated price and are not included in the price stated will result in an additional cost being charged to the Customer.
By accepting and clicking on the link to which these terms are attached, the Customer hereby accepts these terms and conditions.
Once the Customer has accepted these terms and conditions the order will be placed.
Builders will not be liable for any incorrect measurements selected by the Customer and the Customer is urged to ensure that all measurements are correct before placing the order. Should the above occur, the Customer hereby indemnifies Builders and/or the installer and keeps Builders and/or the installer indemnified against any loss and/or damage experienced by the Customer or any third party.
The made to measure Products services will only commence on receipt of payment of the full purchase price.
The installation costs are to be paid in full by the Customer prior to Builders requesting the installation.
Builders provides the made to measure Products service in accordance with the Customer’s specifications to meet the Customer’s specific requirements and the made to measure Products service is therefore considered special order goods. Any orders that are cancelled prior to the made to measure Products service will be subject to a 10% (ten percent) cancellation fee; however, once the order has begun or has been completed, the cancellation fee will be equal to the value of the service as quoted and agreed.
The following timelines will be applicable for the following Products from date of order confirmation for the Products to be provided according to the specifications provided by the Customer or such shorter time as may be communicated by Builders to the Customer from time to time:
- Blinds: 10 – 15 business days
- Headboards: 10 – 15 business days
- Shutters: 20 – 30 business days
- Curtain rods/pelmets: 10 – 15 business days.
Completed orders are to be collected by the Customer, or, where requested, delivered to the address provided by the Customer. Should the Customer request delivery of the Products, the Customer shall be liable for all costs associated therewith, which costs shall be in terms of the distance rate provided in the stated price on placing the order. Builders shall advise the Customer accordingly should the above lead times not be available at time of receipt of the order by the relevant Builders department.
If Builders cannot deliver the Products within the estimated delivery time, Builders will give the customer at least 24 (twenty four) hours’ notice of such delay in delivery.
The Customer must be present to accept delivery of the Products, or appoint a representative to sign acceptance of delivery. Upon delivery, the Customer or its appointed representative must examine the Products to ensure that they comply with the material specification of the order. Builders’ delivery note will need to be signed on delivery to confirm this, by a person authorised to sign same. Builders will not accept claims for short delivery after the signature of the relevant delivery documents. In the event that the Products delivered are not in accordance with the Customer’s order, the Customer shall, prior to installation or within 72 (seventy two) hours of delivery, whichever is the earlier time, notify Builders, in writing, of the inconsistency between the Customer’s order and the Products delivered, failing which the Customer shall have no claim against Builders in respect of the delivery.
After delivery the Customer must immediately cover and make the necessary arrangement to have the Products suitably stored and/or covered to avoid weathering and unnecessary UV damage. Builders shall not be liable for any loss or damages caused to the Products after delivery to the Customer’s site.
Risk in and to the Products and/or other materials passes to the Customer on collection or delivery. The time for installation of the Products, should the Customer request installation services, shall be communicated by the installer to the Customer.
Where a Customer has utilised a Builders approved installer, at completion of the installation, if the Customer is satisfied with the work completed, the Customer must sign a letter of satisfaction confirming that he/she/it is satisfied with the work done. If the Customer is not satisfied with the work at date of completion, this must be communicated to the installer immediately and the installer will attend to the complaints of the Customer immediately or as soon as reasonably possible.
Builders’ warrants that the made to measure Products services will be provided in accordance with applicable laws, subject to these terms. This warranty does not cover damage resulting from factors beyond Builders’ and/or the installer’s control, including floods, heavy rain, riots, strikes, war, acts of terror and including elements of nature causing damage to the Products (“force majeure event”), as well as any external causes or Customer abuse or negligence. Should a force majeure event arise, Builders shall notify the Customer without delay and the Parties shall meet within 7 (seven) calendar days of such notice to negotiate in good faith alternative methods of fulfilling its obligations in terms hereof, if any. In addition, Builders and/or the installer shall continue to provide the made to measure Products service and/or the installation services, and the Customer shall continue to pay for that not affected by a force majeure event. Should either Builders and/or the installer be unable to fulfil a material part of its obligations under these terms and conditions and any terms and conditions of the installer, for a period in excess of 30 (thirty) calendar days due to circumstances of force majeure, the Customer may at its sole discretion cancel this Agreement forthwith by written notice.
The warranty will not apply if the Customer does not install, use or care for the Products in accordance with Builders’ instructions or if the Products is used for a purpose other than what it was designed and manufactured for.
In the event of alleged defect, the Customer is requested to contact our customer contact centre immediately by e-mailing firstname.lastname@example.org or 0860 284 533.
Unless the law provides otherwise, Builders will not he held liable for any loss or damage, including consequential and economic loss, or injuries arising out of the provision of the made to measure services and where applicable, installation of the Products and/or the use of the Products or any element of this agreement.
These terms and conditions and the quotation constitute the entire agreement between the parties. No addition to or variation, consensual cancellation or novation of these terms and conditions and no waiver of any right arising from these terms and conditions or their breach or termination shall be of any force or effect unless reduced to writing and signed by Builders, the Customer and the installer or their duly authorised representatives.