Terms and Conditions
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 Jane Cappleman Interior Design Ltd whose principal place of business is 71 Fornham Rd ,Bury St Edmunds, Suffolk IP32 6AW, “you and your” means the person who buys or agrees to buy Goods and/or services 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 my agreement in writing.
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 5 days of receiving confirmation of the Order from us. If you do not receive your order confirmation within 5 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.
4.1 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, 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.
4.2 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 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.
5.2 All items will be quoted for individually including, where requested, installation of all the Goods ordered.
5.3 A fitting service is available in most 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.
6.1 Your Order will take approximately five weeks from receipt of fabric at our makers unless a specific date has been agreed and is confirmed in the order confirmation. We will make every effort to ensure goods are delivered within the time quoted but can not be held responsible for delays caused by suppliers.
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. For mainland UK deliveries, the Standard Delivery costs £15 and is made by courier between 9am and 5pm (usually between 9am and 1pm) 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 we 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 10am) for an extra charge of £10. If a weekday delivery is not convenient, you can also upgrade to a Saturday Delivery (usually morning) for an extra charge of £20.
7. Pricing – Quotation
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 All payments must be in sterling and can be made by using a cheque drawn on any bank within the UK. Please allow 7 working days for cheques to clear. Alternatively by direct bank transfer to Jane Cappleman Interior Design Ltd, Barclays Bank A/C: 463624641 S/C 20-16-12
8.2 A 50% deposit must be paid at the time the Order. 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 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.
9. Cancelling Orders, Return 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. This type of return is only possible on goods that can be returned to the manufacturer and will incur a 20% handling charge. 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 If you cancel your Order under Condition 9.1 we will refund all monies paid by you, less any handling charges. We will refund any monies to you within a maximum of 30 days of receiving your cancellation notice.
9.3 If you have ordered Goods made to your specification, you may cancel the Order at any stage prior to delivery. We will retain 50% of the price to cover the cost of labour and materials, plus any delivery and return charges and refund the balance 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. 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. Fabrics made from natural fibres such as silk, cotton, or linen may over time fade or rot when exposed to the sun. We cannot be held responsible for this. Curtains must always be professionally cleaned and whenever possible cleaned in position by a specialist company to ensure the best results. Fabrics with a pile such as velvets will mark with liquids crushing the pile – this is a characteristic of the cloth and if you are sensitive to shading and marks avoid using velvets.
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.
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.
11.1 You must not copy any of our designs without obtaining our permission in writing.
11.2 If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.
11.3 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.
11.4 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.