| 1. |
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, bed spreads, 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 and/or fitting of the
Goods; “our, us, we” means Prêt à Vivre Limited whose
principal place of business is The Curtain Room, Shelton Lodge, Nr
Newark, Nottinghamshire, NG23 5JJ; “you and your” means
the person who buys or agrees to buy Goods from us; |
| 2. |
Our contract |
| 2.1 |
These are the only Terms which will apply when you purchase
Goods and/or Services from us. You may only vary these Terms or
your Order if you have our agreement in writing. |
| 2.2 |
Our employees or anyone acting on our behalf are not authorised
to make any representations concerning our Goods or Services unless
confirmed by us in writing. |
| 3. |
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 within
2 days, 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 or because we have to comply with any
applicable EC requirements. We will ensure that any changes do not
materially affect the performance quality or appearance of the
Goods. |
| 4. |
Samples |
| 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 prior to 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 of colour between
batches of fabric. If you are sensitive to shade, particularly with
silks, 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 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. |
| 5. |
Measuring and
Fitting |
| 5.1 |
Unless you use our measuring service, Goods are manufactured in
accordance with the measurements provided by you. Please follow the
directions on how to measure your windows which is available in our
catalogue or use our interactive measuring guide on our web site
which will guide you step by step through a series of questions.
Alternatively, please call us and we will happily advise you over
the telephone. |
| 5.2 |
All items will be quoted for individually including, where
requested, installation of all the Goods ordered. If you use our
measuring service but have decided against or are unsure whether
you will use our fitting service, please inform the person taking
the measures so that he can pass on any information required to fit
the products correctly. We reserve the right to make any additional
charge if we have to return to your property on a second occasion
to complete a fitting started by you, or to make alterations to any
products which may not have been fitted in accordance with our
measures. |
| 5.3 |
A fitting service is available in some areas. A quote for
fitting of Goods is available upon request. Fitting charges are
quoted on the basis that we are able to obtain good fixings for the
tracks, poles and batons and we are able to obtain unobstructed
access to your window on our first visit for fitting. If at the
time of fitting the Goods it is discovered that due to the
condition of your walls or substandard building work good fixings
cannot be obtained, or we do not have free unobstructed access to
your window, 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. 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 or access cleared. |
| 6. |
Delivery |
| 6.1 |
Your Order will take approximately three to four weeks from the
date shown on the order confirmation to be ready unless a specific
date has been agreed and is confirmed in the order confirmation. If
your chosen fabric or material is out or stock or found to be
faulty, delays may occur. |
| 6.2 |
Once your Order is ready we will call you to arrange for a date
for the fitting (if ordered), or to arrange for a convenient date
and address for us to deliver. The Standard
Delivery costs £12 for UK mainland
deliveries or £22 for UK Offshore
deliveries (excluding Channel Islands) and is made by
courier between 9am and 5pm Monday to Friday and needs to be signed
for. If you are happy for your order to be delivered without being
signed for, we will need your written authorisation and Prêt à
Vivre will not accept any liability for non delivery or damaged
and/or missing Goods. If you want your Order to be delivered early
in the morning, you can upgrade to a Timed
Delivery (guaranteed before 9.30am) for an extra £13. If a
weekday delivery is not convenient, you can also upgrade to a
Saturday Delivery (usually morning) for an extra
£13. For deliveries outside the UK or for
Channel Islands, the delivery charge will be
quoted to you according to volume, weight and address of delivery.
A surcharge of £13 will be applied to deliveries of goods
over 243cm long (this does not apply to poles). |
| 6.3 |
If we arrange a collection of goods from you, for whatever
reason, you are required to package the goods adequately for
transport by courier. We will not be responsible for any damage as
a result of poor packaging. |
| 7. |
Pricing |
| 7.1 |
The Price of the Goods shall be as advertised in our current
price list set out in our catalogue and on our website.All prices
are inclusive of UK VAT. |
| 7.2 |
Prices shown on the price list for curtains are for a single
lined curtain. The price of a single lined curtain includes the
fabric and 100% cotton sateen lining with either a pencil, gathered
or channel heading. All curtains are supplied with curtain
hooks. |
| 7.3 |
Roman and London blinds are lined and supplied with wooden
batons and all fixtures and fittings required to fit them, plus
fitting instructions. |
| 7.4 |
Roller, Venetian and velux blinds are supplied with all
fixtures and fittings plus fitting instructions. |
| 7.5 |
Blackout lining, interlining, tie headings, chef’s cap,
pelmet headed, king pleat, eyelets, pinch pleat and goblet headings
and borders are optional extras as detailed in the price list. |
| 7.6 |
We will confirm the Price of Goods ordered plus delivery
charges at the time you place your Order with us. Delivery charges
must be paid in addition to the Price. |
| 8. |
Payment Terms |
| 8.1 |
Unless agreed otherwise, all payments must be in sterling and
can be made using any of the following methods: Maestro, Visa
Credit or Delta, Mastercard/Access. We also accept payment by
cheque drawn on any bank within the UK, postal order or Eurocheque
in sterling. Please allow 7 working days for cheques to clear. |
| 8.2 |
A 50% deposit must be paid at the time the Order is placed with
us. We will not be able to start your Order until we have received
your 50% deposit in cleared funds. The balance must be paid prior
to your Order being dispatched or fitted. Please note that your
Order can only be dispatched once we have received the full balance
in cleared funds. |
| 8.3 |
In the case of Goods not made to your specification payment
must be made in full and in cleared funds before we arrange
delivery. If the Goods are not in stock we will only require
payment to be made in full and cleared funds when we notify you
that the Goods have come into stock and are ready to be dispatched
to you. |
| 8.4 |
Where payment is made by credit card, the outstanding balance
will be processed at the time the Goods are ready to be dispatched
to you or to our fitters. If you wish to be notified prior to the
balance being charged to your credit card or if you wish to use an
alternative method of payment to pay the balance please inform us
at the time of placing your order. |
| 8.5 |
If you do not pay the balance of your Order before delivery we
will have to delay dispatch of your Order until you have paid us.
If you have not paid us within 1 month of us notifying you that
your Order is ready we may retain your 50% deposit and sell the
Goods Ordered by you. If we are able to recover in excess of the
50% deposit retained by us we will refund the 50% deposit to you or
a proportionate part of it. |
| 9. |
Cancelling Orders,
Returns of Goods and Refunds |
| 9.1 |
If you are a consumer and you have ordered Goods that are not
made to your specification you have a right to cancel your Order
for any reason whatsoever providing you notifying us at any time
before delivery of the Goods has taken place; or within 7 working
days from the date of delivery of the Goods providing that you have
not fitted the Goods or used them and have taken reasonable care of
the Goods.If you have ordered Services you may cancel the Order
providing you notify us no later than 24 hours before the Services
are scheduled to start. |
| 9.2 |
Where the Goods have been delivered and you wish to cancel your
Order in accordance with Condition 9.1, you must return the Goods
to us at your own expense, intact and undamaged to the address
shown on the despatch form supplied with the Goods. We advise you
to return Goods to us by courier/registered delivery post to ensure
you have proof of postage/return. Goods returned to us remain at
your risk until received by us. |
| 9.3 |
If you cancel your Order under Condition 9.1 we will refund all
monies paid by you excluding any delivery charges you have paid. We
will refund any monies to you within a maximum of 30 days of
receiving your cancellation notice. |
| 9.4 |
If you have ordered Goods made to your specification, you may
cancel the Order at any stage up to 2 days after receiving the
Goods. We will retain 50% of the price to cover the cost of labour
and materials, plus any delivery and fitting charge and refund the
balance to you. |
| 9.5 |
Where you fail to return the Goods to us, we shall be entitled
to charge you for the reasonable costs of collecting the Goods from
you. We reserve the right to deduct such costs from any refund due
to you. |
|
10. |
Warranties and
Liability |
| 10.1 |
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. |
| 10.2 |
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. |
| 10.3 |
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. Please ensure you read the notes
contained in our catalogue and on our website for further
information. |
| 10.4 |
You shall not be entitled to reject the Goods where the alleged
defect or breach of contract is so slight that it would be
unreasonable for you to do so. |
| 10.5 |
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. |
| 10.6 |
Nothing in these Terms excludes or limits the liability of us
for death or personal injury caused by our negligence. |
| 10.7 |
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. |
| 10.8 |
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. |
| 10.9 |
We do not accept liability for any indirect loss you may
suffer. |
|
11. |
General |
| 11.1 |
You must not copy any of our designs without obtaining our
permission in writing. |
| 11.2 |
Any written notice you want to send us must be sent to us at
The Curtain Room, Shelton Lodge, Nr Newark, Nottinghamshire NG23
5JJ. If we want to send you a written notice we will send it to the
address on your Order form, unless you notify us otherwise. |
| 11.3 |
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. |
| 11.4 |
If we do not enforce a term of these conditions now, we are not
prevented from doing so at a later stage. |
| 11.5 |
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. |
| 11.6 |
The Contract shall be governed by the laws of England, and the
Customer agrees to submit to the non-exclusive jurisdiction of the
English courts. |
Delivery & Returns