Terms and Conditions
In these terms and conditions:
“Conditions” means these terms and conditions of sale; “Contract” means the contract for the sale by us and purchase by you of our Goods and/or Services;
“Goods” means curtains, blinds, window dressings, bedspreads, soft furnishings, curtain poles and any other Goods supplied by us following your Order;
“Order” means an order made by you for the supply of Goods and/or Services by us; “Price” means the price of the Goods, plus any delivery charges.
“Services” means measuring windows, interior design service, upholstery and/or fitting of the Goods; “our, us, we” means Bespoke Curtains Shutters & Blinds Limited; “you and your” means the person who buys or agrees to buy Goods from us.
Our Contract
These are the only Terms which will apply when you purchase Goods and/or Services from us. You may only vary these Terms of your Order if you have our agreement in writing.
Payment Terms
1.1 Work will only be carried out in accordance with our Confirmation Order. Please ensure all details are correct, including the correct fabrics you have chosen are detailed. Your Part Payment will also be taken as confirmation that you have read and agreed to our terms & conditions.
1.2 Unless agreed otherwise, all payments must be in sterling and can be made using any of the following methods: BACS transfer directly to our bank account, by credit card in shop or by phone or cash.
1.3 A 70% Part Payment will be required as Confirmation of your order. Part Payments are non-refundable once an order has been placed, as all goods are bespoke-made. Your part payment will also be taken as confirmation that you have read and agreed to our full terms and conditions. We will not be able to process your Order until we have received a cleared payment.
1.4 Any balance of payment is due within 48 hours of delivery or installation. Bank transfer or card payment over the phone can be made once the installation is completed.
Retention of Title:
The property and any Goods whatsoever delivered by Lorraine Elizabeth Bespoke Curtains & Blinds to the Customer shall not pass to the Customer until payment in full has been received by the Company in respect of all the Goods.
Cancellation: If the Customer cancels an order, Lorraine Elizabeth Bespoke Curtains & Blinds will retain any deposit/part payment made and/or claim damages for breach of contract from the client.
Orders
3.1 When you place an Order with us, we will send you confirmation of your Order in writing. You must bring any discrepancies in the Order to our notice within 2 days of receiving confirmation of the Order from us. If you do not receive your order confirmation, please contact us immediately. If you fail to do so, we shall be entitled to assume that the details in the order confirmation are correct. We reserve the right to charge for any subsequent changes necessary as a result of your failure to properly check the order confirmation.
3.2 From time to time we may have to change the specification of Goods ordered without notice to you, but we will only do so if the change in specification is required so that you can receive the most up to date specification, because we have to comply with any applicable EC requirements, or if in our opinion the substitution is an improvement to achieve a better fit, finish or other benefit. We will ensure that any changes do not materially affect the performance quality or appearance of the Goods.
3.3 Changes to orders can be accepted, as long as the work has not begun. These changes need to be given in writing. If a customer requests changes to an Order, once work has begun, then additional charges will be incurred.
Samples and fabrics, and production.
4.1 Every care has been taken to describe and portray fabrics and items accurately using current photographic and print technology, but slight variations in actual Goods may occur. We strongly recommend that you request a sample before ordering to check colour and texture.
4.2 Samples are intended as a representation of the fabric but not as an exact match, as there may be variations in colour between batches of fabric. If you are sensitive to shade, we recommend you request a stock cutting that is a sample from the current batch of stock. We will reserve for you the quantity you require for your Order for 7 days from the date we dispatch the stock cutting to you.
4.3 Samples may be labelled on either side of the fabric. If you are unsure about which is the correct side and it is important to you, please call us for clarification.
4.4 We aim to supply you with the fabrics required to produce your goods. This enables us to deal with the manufacturer of the fabric if there is a problem. If you require us to work with a fabric we did not supply, we will apply a handling charge. We will not work with any other linings, interlinings or such materials not supplied by us. We cannot be held responsible in any way for any defects, faults or other flaws in materials we have not supplied.
4.5 We use a limited number of lining colours when we produce your goods. We will use our experience to select the best lining colour for your chosen fabric. If you have a particular requirement for lining colour, you must let us know at the time of placing your order.
4.6 Natural Creasing in some fabrics, such as Silk and linen fabrics, are hand-woven products; any imperfections in the fabric are part of the natural characteristics of the cloth and therefore will have a natural amount of creasing when the curtains are hung and dressed. The colour may differ slightly from dye batch to dye batch.
4.7 On a double track, the curtains may pull the voiles when opening and closing the curtains and vice versa, as different compositions and densities in fabrics can hang differently.
4.8 Fabrics normally come at a width of 137cm unless a wide-width fabric, i.e., 285-300cm, is chosen. This will result in the fabric needing to be joined at every width required to make your curtains or roman blinds. This may result in a visible seam, subject to the fabric chosen.
4.9 Some fabrics may show the stitching more than others, subject to the fabric composition.
4.10 Blackout designs cannot be fully guaranteed to be totally blackout; there will always be a possibility of light seepage.
4.11 Fabric and trim wearability, we will not be responsible for the present or future behaviour of the treatment/fabric/trims, such as wearing and deterioration, stretching, shrinking, staining, cleaning ability or fading.
4.12 We cannot be held responsible for shrinkage to curtains that have been steamed or to curtains exposed to varying humidity, causing the fabrics to shrink.
4.13 We will do our best to remove creases when steaming and dressing, but this cannot be guaranteed. In respect of linen-type fabrics and hand-woven products, any imperfections in the fabric are part of the natural characteristics of the cloth and therefore will have a natural amount of creasing when the curtains are hung and dressed.
Roller & Roman Blinds Operation
Roller blinds cannot be operated when windows are in the open position, as this can create a back draft and make the blinds go out of line and resulting in the fabric fraying on the edges and other damage.
Blackout Roller blinds are not 100% blackout, as explained by our designers. The sides of the blinds will always allow light seepage. * This is not a total blackout effect product.
We will ensure that all blinds function correctly before leaving the site and demonstrate their operation to the client where possible.
We cannot accept any liability if the blinds then go off track at a later stage due to misuse, or where it is apparent that they have been used when the windows have been opened.
Blackout Effectiveness.
6.1 ‘Blackout’ is a term used within the window furnishing trade to describe blackout fabrics; however, it is how blinds & curtains with blackout fabrics are implemented and installed that will define their blackout effectiveness. We cannot guarantee a 100% blackout just with curtains alone. Light seepage can come through the tops of the pleats, bases and sides, as the fabrics can move and leave light gaps.
6.2 Roman Blinds As a general rule, Roman Blinds will not give a total blackout effect. Due to the nature of their construction and whether they are installed inside or outside a recess, there will be light seepage from around the sides, where the brackets are fixed to the wall or ceiling and the base of the blind. With some fabrics, small pinholes of light may be visible where rings are hand sewn to the back of the blind.
Fitting charges
7.1 Fitting charges are quoted on the basis that we can obtain good fixings for the tracks, poles, battens and other fixtures, and we can obtain unobstructed access to your window or other place of fixing on our first visit for fitting. If there are pipes, electrical cables or other devices concealed in the area in which we are required to work, you must tell us in advance to avoid damage to the cables, pipes or devices and avoid harm or injury to our staff or subcontractors. If at the time of fitting the Goods it is discovered that due to the condition or construction of your walls work good fixings cannot be obtained, or we do not have free unobstructed access to your window or other place of fixing, we will not fit the Goods ordered until building work necessary to allow us to obtain good fixings has been completed correctly or you have cleared the access to your window. We will not be responsible for carrying out any building work or for moving any items to clear access to your window or other place of fixing. We reserve the right to make an additional charge if we have to return to your property on a second occasion to complete the fitting of your goods after such building work has been completed, access cleared or for any other reason.
7.2 Our fitting department calculates fitting costs and whether the job can be completed in one or two visits, depending on the size and complexity of the work involved, and these arrangements will be agreed with our clients. If these arrangements are then changed by our clients after the confirmation order has been agreed, additional charges may be incurred. We will be unable to start a job or give completion dates unless we have received all the components required to complete the job. We cannot be held responsible for delays caused by circumstances out of our control.
Delivery
8.1 Your Order will take approximately 4 to 8 weeks from receipt of your confirmation, part payment or fabric received at our workshop, unless a specific date has been agreed and is confirmed in the order confirmation. At peak times, your order may be delayed.
8.2 Once your Order is ready, we will call you to arrange a date for the fitting.
Overrunning Projects
Unless a prior agreement has been made, it is expected that all projects will be completed within three months from the date of the first payment of 70%. It is accepted that building works will sometimes overrun and delay projects. However, when projects have exceeded that three-month period, Lorraine Elizabeth Bespoke Curtains & Blinds reserves the right to ask for full payment of all goods and services connected with the delayed project.
Pricing – Quotation
We will provide you with a quotation either in writing or verbally describing the goods we can supply and the price we will charge for them. Anything else you require will be done with our agreement and will be deemed as extra and subject to an additional charge. If you have asked us to provide services such as upholstery or alterations, and the need for extra work arises for which we have not budgeted in our quotation to address, inadequate preparation by other persons conducting previous work, woodworm or other damage, we will contact you and advise you of the additional costs of the work required. Delivery, fitting and other charges must be paid in addition to the Price. Quotations hold firm for a period of 4 weeks.
10.1 All Goods remain the property of Lorraine Elizabeth Bespoke Curtains & Blinds until you have paid in full in cleared funds all balances, including any additional charges.
Warranties and Liability
11.1 Subject to the Terms set out below we warrant that upon delivery the Goods will correspond with their specification, will approximately correspond with the approximate description given by us and will be free from defects provided that we shall be under no liability arising from failure by any person, other than us or our employees or contractors, to follow our instructions (whether oral or in writing), inappropriate storage, improper use, further treatment of or process to the Goods or any defect caused as a result of reasons which are under your control. We do not accept any responsibility for general wear and tear, neglect or abuse of the product, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, sunlight or infestation by animals or insects, theft or accidental damage or loss caused by a third party.
11.2 Unless these Terms provide otherwise, any other warranty, condition or other term expressed or implied by statute, common law or otherwise is excluded, save that nothing in these Conditions shall affect the statutory rights of a consumer which cannot be excluded by law. In particular, we make no warranty as to the fitness of the Goods for any particular purpose other than the normal purpose for which the goods are used, even if that purpose is stated in your order, unless we specifically confirm in writing that the goods are fit for such a purpose. This exclusion includes recommendations or advice from us to you relating to a specific enquiry. You must satisfy yourself as to the fitness for the purpose for which the Goods are intended.
11.3 Certain Goods may have particular characteristics which affect shade, shape, size or suitability for certain types of uses or use in certain types of environments.
11.4 You shall not be entitled to reject the Goods where, in our opinion, the alleged defect or breach of contract is so slight that it would be unreasonable for you to do so.
11.5 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall be notified to us immediately upon discovery of the defect or failure, and in any event any valid claim so made shall not be accepted by us unless made within 7 days from the date of delivery of the Goods. Any claim for items missing from your Order must be made within 3 days of the delivery date.
11.6 Nothing in these Terms excludes or limits the liability of us for death or personal injury caused by our negligence.
11.7 We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control, such as (but without limitation) any strike, lock-out or other form of industrial action, reduction in or unavailability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment and unavailability of raw materials.
11.8 We do not accept liability for any defect in the Goods which has been specifically drawn to your attention before the Contract is made and/or where you have examined the Goods before the Contract is made, and that examination ought to reveal any such defect. In all other cases, you shall give us a reasonable opportunity to inspect the Goods in the same condition as they were at delivery after discovery of the defect, and liability will not be accepted unless this procedure is followed.
11.9 We do not accept liability for any indirect loss you may suffer.
11.10 All products are covered by a 12-month manufacturer’s warranty, unless otherwise stated, from the date of delivery or installation. This warranty covers defects in materials and workmanship under normal domestic use. It does not cover fair wear and tear, accidental damage, misuse, incorrect installation (unless installed by us), alterations, or damage caused by moisture, condensation, excessive heat, direct sunlight, or cleaning methods not recommended by the manufacturer. Any warranty claim must be reported within 7 days from the date of delivery/ installation of the Goods and supported by proof of purchase. This warranty is in addition to your statutory rights.
Electrical Items
It is our client’s responsibility to provide the electrical outlets. All electrics have to be wired by a certified electrician – Lorraine Elizabeth Bespoke Curtains & Blinds are not responsible for the connections required for the electric blind/tracks. As advised, your electricians will connect the electric blinds/ tracks to your Control system.
Prices are subject to our full site survey and good access for measurement and installation.
Installation during normal working hours to clear areas (by others) and in one phase.
It is our client’s responsibility to provide the electrical outlets. All electrics have to be wired by a certified electrician – Lorraine Elizabeth Bespoke Curtains & Blinds is not responsible for the connections required for the electric blinds, tracks, etc.
Electric systems will require a suitable power outlet to be fitted at a distance of no greater than 1metre from the motor.
*When more than one electric blind is fitted: – the blinds are not guaranteed to go up and down at the same speed.
Child Safety – Blinds and Curtains
The safety of children is of paramount importance. Window blinds and curtains may pose a risk to young children if cords, chains, or other operating mechanisms are not used or installed correctly.
All blinds and curtains supplied by us are manufactured to comply with current UK child safety standards at the time of supply. Where applicable, safety devices such as cord cleats, chain tensioners, or breakaway systems will be provided and fitted.
It is the responsibility of the customer to ensure that all supplied safety devices are correctly installed, used, and maintained in accordance with the manufacturer’s instructions. Failure to install or use these safety devices may create a risk of injury or death.
We strongly recommend that:
Beds, cots, and furniture are positioned away from windows and blind or curtain operating mechanisms.
Loose cords or chains are kept out of reach of children at all times.
Regular checks are carried out to ensure safety devices remain securely fitted and in good working order.
Where installation services are provided by us, safety devices will be fitted in accordance with current regulations at the time of installation. Where products are supplied only, without installation, we accept no responsibility for incorrect fitting or failure to install safety devices.
By purchasing our blinds or curtains, you acknowledge and accept responsibility for the ongoing safe use of these products within your premises.
Curtain and Blind Size Discrepancy
14.1 All curtain measurements provided are the responsibility of the customer unless a professional measuring service is carried out by us.
14.2 Curtains are made to order based on the measurements confirmed at the time of order. Due to the nature of soft furnishings, slight variations in finished sizes may occur. A tolerance of up to ±2cm in width and/or drop is considered acceptable and does not constitute a fault.
14.3 Curtains supplied that differ from the confirmed order dimensions within acceptable manufacturing tolerances cannot be returned, exchanged, or refunded.
14.4 Any concerns regarding curtain sizing must be reported within 48 hours of delivery or installation, and prior to the curtains being used, altered, or laundered.
General
15.1 You must not copy any of our designs without obtaining our permission in writing.
15.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions shall remain in full force and effect.
15.3 If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.
15.4 A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
15.5 The Contract shall be governed by the laws of England, and the Customer agrees to submit to the non-exclusive juris