Terms and Conditions

CONSUMER TERMS AND CONDITIONS OF SUPPLY

BELUME® LIVING SLEEP

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell our Belume® Living Sleep (and any associated accessories) to you (the Product or Products). If you order other products from the Bloc group separate terms will apply, which are available on request.

These Terms will apply to any contract between us for the sale of Product (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them. Please also note that these Terms shall only apply to any Contract between us where you are a consumer. Where you are a business or trade customer, the Bloc Group Terms and Conditions of Supply for Trade Customers shall apply to any contract between us (with references to Fourds Limited being references to us).

You will be required to accept these Terms prior to any Contract being formed between us. If you refuse to accept these Terms, you will not be able to order any Products from us, either from our website, belumeliving.com (Site), or otherwise. Any orders made by you are only accepted by us on the basis that you accept these Terms. These Terms apply to any Contract between you and us to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time. This version 1 of these Terms was most recently updated on 12th December 2022.

These Terms, and any Contract between us, will only be expressed in the English language.

INFORMATION ABOUT US
1. The Site is operated by us. We are Bloc Labs Ltd T/A Bloc Blinds, a company registered in Northern Ireland under company number NI679796 and our registered office is at 26b Station Road, Magherafelt, Northern Ireland, BT45 5DN. Our VAT number is GB 872653304. To contact us, please see our Contact Us page https://belumeliving.com/pages/contact
2. Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell the Products to you.Throughout the Site, the terms “we”, “us” and “our” refer to Bloc Labs Ltd. Bloc Labs Ltd offers the Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
3. Please read these Terms carefully before accessing or using the Site. By purchasing any of our Products, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not purchase any of our Products. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
OUR PRODUCTS
1. All images or prototypes of the Products, including any and all components or packaging of the Products, set out on the Site, or elsewhere in our advertising or promotional material, are provided for illustrative purposes only. Although we have made every effort to display the colours and details of our Products accurately, we cannot guarantee, for example, that your computer's display of the colours accurately reflects the colour of the Products or that any finished Products will conform to any images or prototypes provided. Your Products may vary from those images or prototypes.
2. All Products we provide are subject to availability and we reserve the right to make changes to the range of Products available for sale without prior notice. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on the Site (as referred to in clause 12.5), we will inform you of this and we will not process your order. If you have already paid for the Products, we will refund you the full amount of the Products we cannot supply as soon as possible.
3. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.
HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy https://belumeliving.com/pages/privacy-policy. Please take the time to read this, as it may include important terms which apply to you.
THE CONTRACT BETWEEN US
1. By agreeing to these Terms, and ordering any Products from us, you represent that you are at least the age of majority in your state, country or province of residence.
2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us with respect to any Contract. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in these Terms or any document expressly referred to in them.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2. You agree to provide current, complete and accurate purchase and account information for all purchases made via our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.
4. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or your discount voucher has been issued (in the case of discount vouchers redeemable for a discounted Product purchase) (a Dispatch Confirmation). Any Contract between us will only be formed when we send you the Dispatch Confirmation.
5. We may reject your order, for example, because the Product is unexpectedly out of stock, because it has been discontinued, because the Product was mispriced by us, because you reside in a geographic region or jurisdiction we cannot deliver to, or the order appears to have been placed by a third party competitor, a dealer, reseller or distributor. When this happens, we let you know as soon as possible and refund any sums you have paid.
6. If you have purchased a discount voucher for a discounted price on any future purchase of our Product and we discontinue manufacturing of the Product we reserve the right to cancel our Contract and will notify you by email of the cancellation. Your voucher is non-refundable, as noted below.
7. Any sums paid in the above circumstances will be refunded via the electronic payment mechanism used by you to pay for the Products or discount voucher within 10 working days of the date of our email notification of rejection or cancellation of your order. Please remember it can take some time for your bank or credit card company to process and post the refund. For the avoidance of doubt, this refund shall be your sole right in respect of any such order cancellation, and we shall not be liable to you for any other losses or liabilities arising out of such rejection or cancellation (to the utmost extent permitted by law), including as regards any indirect or consequential loss, or for interest on any sums paid.
OUR RIGHT TO VARY THESE TERMS
1. We may, at our discretion, revise these Terms from time to time to reflect, among other things:
  (a) changes in how we accept payment from you; and
  (b) changes in relevant laws and regulatory requirements.
2. Every time you order Products from us, the version of these Terms in force at that time will apply to the Contract between you and us.
3. We have made it clear that the Products being offered are prototype in nature and is currently in development. We have set a date for the competition of this development however we reserve the right to cancel these orders at any time if we do not fulfil sufficient orders to justify continuing with the development of the prototype Product
4. In the event of cancellation in accordance with clause 6.3 above, each customer shall be entitled to a refund of any sum paid up until that time.
USE OF THE SITE
1. We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
2. Occasionally there may be information on our site or in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Any reliance on the material on the Site is at your own risk.
3. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
4. You may not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You are also prohibited from using the Site or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to submit false or misleading information; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (e) to collect or track the personal information of others; (f) to spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
5. A breach or violation of any of the Terms will result in an immediate termination of your access to the Site.
6. We reserve the right to refuse access to the Site, or sale of Products, to anyone for any reason at any time.
7. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will be processed over third party payment networks.
8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission from us.
9. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
10. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
11. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
12. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14. Certain content, products and Services available via our Service may include materials from third-parties.
15. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
16. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, or incorporate into our Products, any comments or feedback that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DELIVERY AND RETURNS
1. Your order will be traceable using the detail set out in the Dispatch Confirmation. Whilst we will use reasonable endeavours to deliver Products by the date indicated to you when you placed your Order, any timings for delivery shall not be of the essence and we do not accept any liability for any losses incurred as a result of any delay (save as outlined in clause .
2. Delivery will be completed when we deliver the Products to the address you gave us at the time of placing your order, or to the address otherwise specified by you prior to issuing of the Dispatch Confirmation.
3. Your order will be traceable using the detail set out in the Dispatch Confirmation. Whilst we will use reasonable endeavours to deliver Products by the date indicated to you when you placed your Order, any timings for delivery shall not be of the essence and we do not accept any liability for any losses incurred as a result of any delay (save as outlined in clause .
4. Delivery will be completed when we deliver the Products to the address you gave us at the time of placing your order, or to the address otherwise specified by you prior to issuing of the Dispatch Confirmation.
5. If no one is available at your address, or the address of the end-user, to take delivery, the courier will leave a card at that address, which will give you or the end-user the option to arrange for a free re-delivery at a more convenient time, or to collect the Products at the nearest courier depot. If attempted delivery to you or the end-user is unsuccessful on three occasions the Products will be returned to us.
6. Where we are required to re-deliver the Products due to any of your actions or omissions, or those of the end-user, you shall be liable for the cost of re-delivery.
7. The Products will be your responsibility from the completion of delivery.
8. Notwithstanding delivery, you shall not own the Products until we have received payment in full, including all applicable delivery or administrative charges.
9. If, on delivery to you, or the end-user, the Product packaging is damaged, you, or the end-user, should note this upon signing for the Products, or you, or the end-user, may refuse to accept the delivery.
10. If any Products delivered to you, or the end-user, are damaged we will (at our option), on receipt of such reasonable photographic or other evidence that we deem necessary, either:
  (a) arrange to have the Products uplifted, repaired and redelivered;
  (b) dispatch replacement Products to you and uplift the damaged
  Products, or;
  (c) cancel your order.
11. In the event that you or the end-user accept delivery of the Products, you shall be required to report any fault, mis-description or damage to us within 5 working days of receipt of the Products, otherwise we shall have no obligation to replace or repair the Products, or to cancel your order.
12. Further to clauses 9.8 and 9.9 above, if the Products delivered to you are faulty or mis-described (as opposed to damaged):
  (a) you must return the Products, together with the original invoice, to us as soon as reasonably practicable, taking care to ensure the Products are suitably packed to prevent the risk of loss or damage in transit;
  (b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
13. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or elsewhere in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. Where you have returned any Products to us, or they have been uplifted by us (including where we elect to cancel your order) pursuant to clauses 9.8 to 9.10 above, all charges shall be held to our account while we satisfy ourselves that, upon inspection of the Products, any fault, mis-description or damage exists and is attributable to us, or those acting on our behalf. Where we consider that it does not or is not, we shall not be obliged to refund any payment made by you for the Products. We may, however make a partial refund, or, at your request, re-deliver the relevant Products, in which case you shall be liable for the costs of re-delivery. Unidentified returned Products will not be credited. Where we issue a refund this will be made via the electronic payment mechanism used by you to pay for the Products within 10 working days of the date of approval of the return. Please remember it can take some time for your bank or credit card company to process and post the refund too.
15. Where you require or request us to deliver any Product directly to an end-user, where the end-user wishes to report any fault, mis-description, damage to Product packaging, you or they must give us notice directly within 5 calendar days of receipt of the Products. Where we have not received such a notice within these timescales, we shall have no obligation to replace any defective or damaged Product or to cancel your order.
16. If you request that we remake our Product, on the basis that they do not meet your specifications, the cost of such re-made Products shall be charged to you. If, upon inspection of the original Products we determine that such Products were deficient or did not conform to your specifications we shall refund you the full amount of the charges initially paid by you for such Products, less the initial delivery costs. All original Products must be returned to us free of any damage or wear, or an uplift charge shall be payable for the collection of the Products.
17. Any notification in relation to Products which have gone missing in transit should be made to us within 5 working days of the anticipated delivery date.
DELIVERY DESTINATIONS
1. We deliver to the following countries or regions: United Kingdom, Republic of Ireland and mainland Europe (Delivery Destinations). If you reside outside the Delivery Destinations please contact us to find out if we can deliver Products to you.
2. If you order Products from us for delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches its destination. Please note that we have no control over these charges and we cannot predict their amount.
3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
4. You must comply with all applicable laws and regulations of the country for which the Products are destined, and must not use our Products for any illegal or unauthorised purpose. We will not be liable or responsible if you break any such law.
YOUR RIGHTS TO CANCEL YOUR ORDER
1. The nature of our business means that any Products you order will be made to your specification. This means that any legal cancellation rights (including any cancellation rights that might apply under UK or EU law) you might otherwise have under relevant law do not apply.
2. However, subject the remaining provisions of these Terms, you shall have right to cancel your order for any Product(s) free of charge by giving us notice at any time prior to the issuing of Dispatch Confirmation in respect of those Product(s) (Cancellation Right), in which case we will refund you in full.
3. Where you wish to cancel your order after Dispatch Confirmation, you must give us notice. Any dispatched Products must be returned to us unused, undamaged, in a re-saleable condition, and in their original packaging within no later than 60 days from the date of the Dispatch Confirmation. An uplift charge (Uplift Charge) will be applied for collection of the unused, undamaged and re-saleable Products. Upon receipt of the Products by us we will determine whether the Products remain unused, undamaged and re-saleable. If we are satisfied, we will refund you, within a reasonable period, the total amount paid by you in respect of the cancelled Products, less any delivery costs, the Administration Fee (as defined below) and any Uplift Charge. If we determine that the Products have been used or damaged, we may, in our discretion, elect to issue you with a partial refund instead. If you have not yet paid for the Products, you shall be liable to pay the initial delivery costs incurred by us, in addition to the Administration Fee and any Uplift Charge for collection of the Products, which may be invoiced to you either independently or in addition to the charges for any Products you may order separately.
4. An administration fee (Administration Fee) of £5 per Product cancelled pursuant to clause 11.3 above will be applied to cover the charges of handling, inspecting and repackaging the relevant Products.
5. This clause 11 does not apply in respect of any Products which you may wish to return to us because they are faulty, damaged or mis-described, which are dealt with under clause 8.
6. As noted above, any sums paid in the above circumstances will be refunded via the electronic payment mechanism used by you to pay for the Products within 10 working days of the date of our acknowledgement of your order cancellation (which must be submitted in writing using all relevant order details). Please remember it can take some time for your bank or credit card company to process and post the refund. For the avoidance of doubt, this refund shall be your sole right in respect of any such order cancellation, and we shall not be liable to you for any other losses or liabilities arising out of such rejection or cancellation (to the utmost extent permitted by law), including as regards any indirect or consequential loss, or for interest on any sums paid.
7. For the avoidance of doubt, any discount codes shall be non-cancellable, non-refundable and are not transferable or redeemable for cash of any equivalent consideration.
PRICE OF PRODUCTS AND DELIVERY CHARGES
1. The prices of the Products we supply will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation. Any discounts (including early adopter pricing) are time and user limited, and will not be extended unless we otherwise expressly communicate this.
3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
4. Unless specified otherwise, the price of a Product does not include delivery charges, including either delivery to you, or to an end-user of the Product directly. Our delivery charges are as quoted on the Site from time to time.
5. The Site contains a large number of Products many of which can be adapted to suit your specific requirements. It is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
6. where the Product's correct price is less than the price stated on the Site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
7. if the Product's correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
1. You can pay for Products via our Site using one of the accepted electronic payment methods specified on the Site. We do not accept payment by any other means.
2. You will be invoiced at the point of payment. Each invoice will quote the relevant order number.
3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. If you fail to make any payment by the due date, then, without prejudice to any other rights or remedies we may have, you shall pay interest on the overdue amount at the rate of 4% per annum above the base rate of Bank of England base rate from time to time. Such 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 shall pay the interest together with the overdue amount. This clause shall not apply to payments that you dispute in good faith in accordance with clause 13.5.
5. If you dispute any invoice, you shall notify us within 5 calendar days. You shall provide all such evidence as may be reasonably necessary to verify the disputed invoice. Where only part of an invoice is disputed, the undisputed amount shall be paid on the due date as set out in clause 13.2.
6. If payment is overdue in whole or in part, we may, without prejudice to any other rights or remedies we may have, require you to deliver up any Products to which we still hold legal title under clause 9.6. If you fail to do so promptly, we may enter any your property or the property of any third party where the relevant Products are stored in order to recover them.
7. If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8. Notwithstanding clause 13.2 above, we reserve the right to charge you for all applicable Product and delivery charges in advance of dispatch. We will not charge your debit card or credit card until we dispatch your order.
MANUFACTURER GUARANTEE
1. Our Product comes with our manufacturer's guarantee. The applicable terms and conditions in respect of our guarantee are set out in the Appendix to these Terms.
2. If you are a UK consumer, this guarantee applies in addition to your legal rights in relation to Products which are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
1. If you are purchasing Products from the UK or the EEA, nothing in these Terms in any way excludes or limits our liability for:
  (a) death or personal injury caused by our negligence;
  (b) fraud or fraudulent misrepresentation;
  (c) any other liability which cannot be excluded or limited under any applicable law.
2. If you are purchasing Products from the UK or the EEA, subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with any Contract for:
  (a) any loss of profits, sales, business, or revenue;
  (b) loss of business opportunity;
  (c) loss of anticipated savings;
  (d) loss of goodwill; or
  (e) any unforeseeable loss or damage.
3. If you are purchasing Products from elsewhere in the world, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
4. Except as expressly stated in these Terms, or any document expressly referred to in them, we do not give any representations, warranties or undertakings in relation to the Products or our Site, which are provided 'as is' and 'as available' for your use. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, is excluded to the fullest extent permitted by law.
5. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes and you are responsible for ensuring you have accurately measured any window openings into which you wish to install our Products (we do not take any responsibility for installation of Products).
6. You agree to indemnify, defend and hold harmless us, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  (a) we will contact you as soon as reasonably possible to notify you; and
  (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
1. When we refer, in these Terms, to "in writing", this will include e-mail.
2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Bloc Blinds at the address set out at the commencement of these Terms or to info@blocblinds.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are exercising your right to cancel under clause 11, please see that clause 11 for how to tell us this.
3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our manufacturer’s guarantee at Appendix 1 to the recipient of the gift without needing to ask our consent.
3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. These Terms and any terms communicated on our Site at the point of Order constitutes the entire agreement and understanding between you and us and governs your use of the Site or purchase of our Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
5. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
6. Any Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, as a consumer, although the recipient of your gift of a Product will have the benefit of our manufacturer’s guarantee at Appendix 1, we and you will not need their consent to cancel or make any changes to these Terms.
7. Each of the clauses of these Terms operates separately. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions
8. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9. Please note that these Terms are governed by the laws of Northern Ireland. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of Northern Ireland. You and we both agree that the courts of Northern Ireland will have exclusive jurisdiction.
10. We will not file a copy of any Contract between us.

APPENDIX – MANUFACTURER’S GUARANTEE

Dear Customer,
Thank you for choosing to buy Bloc Labs Belume Living™ Product. Your Product is supplied with our manufacturer’s Warranty, set out below.

YOUR WARRANTY:

We guarantee that the Product is free from defects in materials, manufacturing or workmanship, for a period of 1 year from the date of purchase. The Limited Warranty is subject to the conditions below, and the conditions within our Terms and Conditions of Supply in place at the time of the original purchase (which shall, where applicable and to the utmost extent possible, apply to your Warranty regardless of whether you purchased the Products directly from us). For details of the nature of the warranty applying to your Product please see the scope of warranty table below.

CONDITIONS OF YOUR WARRANTY

Your Warranty also does not apply in relation to any defect(s) arising as a result of:
(a) fair wear and tear affecting the Products (e.g. fabric fraying during use, rust or corrosion of metal, or batteries running down or malfunctioning);
(b) wilful damage, misuse/abuse, abnormal storage or working conditions (including damage caused by any motorised device), accident, negligence or neglect by you or by any third party;
(c) your failure to operate or use the Products in accordance with the installation and operating instructions relevant to your Product, and in particular installation and use of the Products in a non-domestic setting;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers;
(e) any specification or sizing provided by you; exposure to the elements; or generally, any causes other than original defects in materials, manufacturing or workmanship.

SCOPE OF YOUR WARRANTY

SCOPE OF WARRANTY	YEARS SINCE DATE OF PURCHASE
SCOPE OF WARRANTY	YEAR 1
Carriage (to and from our Factory)	YES
Labour (assembly and repair)	YES
Replacement of Components (with like or similar parts)	YES
Removal and Re-installation of Products	NO

Our obligations are limited to, at our option, repairing or replacing of the defective Products (or, where the relevant Product line has been discontinued, a replacement as similar as possible to the original). If you are a trade customer, the benefit of this guarantee may be passed on to a single subsequent customer who purchases the Products from you, providing that you and that customer can evidence proof of sale.

To the maximum extent permitted by law the Warranty is given in place of all other warranties, express or implied by statute or common law, including implied warranties or conditions of satisfactory quality and fitness for a particular purpose, provided that, if you are a consumer, the Warranty is in addition to your legal rights in relation to Products that are faulty or not as described, and any rights arising out of your sales contract against the retailer who sold you the Products, if not Bloc Labs Ltd, and we shall not in any circumstances be liable to you or any other party, whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for any special, indirect or consequential loss or damage.

The Warranty applies only to Products purchased and installed in the United Kingdom, the Republic of Ireland, mainland Europe and the USA.

PROCEDURE

To take advantage of your Warranty, please contact the retailer you purchased your Products from in the first instance, providing all details or evidence that they request in terms of the damage or defect to the Products. Once your retailer, or Bloc Blinds if you have purchased your Products from us directly, has all the necessary details, we will then co-ordinate with each other to arrange the repair or replacement of your Products, if appropriate. Please note that we do not carry out any repair work outside of our premises.