TERMS & CONDITIONS – 2019
1. 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 any goods and/or services 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, including any fitting or delivery charges;
"Services" means measuring windows, interior design service, upholstery, fitting of the goods and/or any other service we may provide;
"Our, Us, We" means Express Curtains Ltd, whose principal place of business is 7 Bridge Street, Stafford, ST16 2HL;
"You and Your" means the person who buys or agrees to buy goods from us.
2. Our Contract
2.1 These terms will apply when you purchase goods and/or services from us. They are in addition to the “Express Curtains – Terms of Trade 2019” which are attached in copy. Both of these terms may only be altered by prior written agreement.
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.
3.1 When you place an order with us we will send you confirmation of your order in writing – this may take the format of either an invoice or a written quotation.
3.2 You must bring any discrepancies in the order to our notice within 5 calendar days of receiving the order from us. If you do not receive your order confirmation within 5 calendar days, please contact us. If you fail to do so, we shall be entitled to assume that the details in the order confirmation are correct.
3.3 We reserve the right to charge for any subsequent changes necessary as a result of your failure to properly check the order confirmation.
3.4 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 legislative requirements, or if in our opinion the substitution is an improvement to achieve a better fit, finish or other benefit. We will endeavour to ensure that any changes do not materially affect the performance quality or appearance of the goods.
4. Measuring and Fitting
4.1 Unless you use our measuring service, goods are manufactured in accordance with the measurements provided by you. If you use our measuring service, we will confirm the approximate dimensions to which we will produce your goods, in some designs we may have to use our experience adjust the dimensions and / or the design of your goods for manufacturing reasons.
4.2 A fitting service is available in areas local to our principle place of business (within 15 miles, any further is at management discretion). 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 fixtures and that we are able to obtain unobstructed access to your window (or other place of fixing) on our first visit for fitting.
4.3 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 as to avoid damage and/or harm or injury to our staff or subcontractors.
4.4 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.
5.1 Every care has been taken to describe and portray fabrics and items accurately, but slight variations in actual goods may occur. We strongly recommend that you request a sample prior to ordering to check colour and texture.
5.2 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, 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 calendar days from the date we dispatch the stock cutting to you or from the date you collect it from us.
5.3 Samples may be labelled either side of the fabric. If you are unsure about which is the correct side or way up - and it is important to you - please call us for clarification.
5.4 We usually work only with our own fabrics to produce your goods, this enables us to deal directly with the manufacturer of the fabric if there is a problem. On rare occasion we may work with fabric we did not supply, in this case we cannot be held responsible for any defects, faults of other flaws in the fabric. We will not work with any other linings or other such materials not supplied by us.
5.5 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.
6. Pricing and Quotations
6.1 We will provide you 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 alterations and the need for extra work arises for which we have not budgeted in our quotation we will contact you and advise of the additional costs of the work required prior to completion.
6.2 Quotations hold firm for a period of 30 calendar days.
7. Receipt of Goods
7.1 Your Order will take approximately three to four weeks from receipt of fabric at our showroom, at peak times it is possible your order may be delayed. You will be provided with a collection or fitting date upon placing your order which we endeavour to adhere to. We would inform you of any delay as soon as possible and as soon as we become aware of it ourselves.
7.2 If you are collecting your order from us and the item is available prior to the collection date you have been given, we will call you to let you know it is available for collection.
8. Payment Terms
8.1 Unless agreed otherwise, all payments must be in sterling and can be made using any of the following methods: Cash, Credit or debit card, Cheque drawn on any bank in the UK, or by BACS transfer directly to our bank account. Please allow 7 working days for cheques to clear.
8.2 A deposit of 50% of the total invoice price must be paid at the time your order is placed with us. We will not be able to process your order until we have received cleared payment.
8.3 In the case of goods not made by us on site, payment must be made in full and in funds cleared before collection / 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 received by you. If the goods are no longer available, we will optionally supply you with an equivalent product or cancel the order and issue a refund.
8.4 If there is an outstanding balance upon completion of your order, you must pay us as soon as possible. Outstanding balances will be subject to an outstanding balance charge which will accrue daily the rate of ‘statutory interest’ (currently 8% plus the Bank of England Base rate – though we reserve the right to alter this without notification in line with current Government guidance) from the day of completion of your order until the day you settle your outstanding balance. We will include outstanding balance charge in any payment reminders we send you and you shall be liable for any further outstanding balance charges which accrue after the issuance of any payment reminders we might send.
8.5 If any outstanding balance remains unpaid, we may retain your deposit and/or sell any goods we are holding in relation to your order. Any income from the sale of these goods will use to meet any reasonable costs incurred in relation to your order. Including but not limited to the administration of your account, production of your goods and any labour, delivery and fitting.
8.6 All Goods remain the property of Express Curtains Ltd, until you have paid in full in cleared funds all balances, including any additional charges.
8.7 Please note that in the case of refunds where the issue is not due to unavailable stock (e.g. return of an item such as a cushion) we reserve the right to pass on any charges incurred from our card machine provider in issuing the refund and processing the original sale. No returns are accepted on made to measure items or wallpaper in any circumstances (where the product is not deemed to be at fault).
9. Warranties and Liability
9.1 Subject to the Terms set out below we warrant that upon receipt the goods will correspond with their specification, will 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). Including but not limited to inappropriate storage, improper use, further treatment of or process to the goods or any defect caused as a result of reasons under your control.
9.2 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.
9.3 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.
9.4 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.
9.5 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 calendar days from the date of receipt of the goods. Any claim for items missing from your order must be made within 3 calendar days of the receipt date.
9.6 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.
9.7 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 receipt after discovery of the defect and liability will not be accepted unless this procedure is followed.
10.1 Any written notice you want to send us must be sent to us at Express Curtains Ltd, 7 Bridge Street, Stafford, Staffordshire, ST16 2HL. If we want to send you a written notice we will send it to the address on your written quotation / invoice, unless you notify us otherwise.
10.2 If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.
10.3 Please note that our terms & conditions are subject to revision without notice.
Express Curtains – Terms of Trade 2019
In order to proceed with your order, we require a 50% deposit. This can be paid by cash, cheque, credit or debit card or by our preferred method, bank transfer.
The remaining balance is to be paid on the day of collection / day of fitting.
Please note that once you have paid your deposit, we will proceed with your order and it is unlikely that any changes will be able to be made after this point. Thus please check your quotation carefully and call us as soon as possible if you have any queries at all regarding it.
Your quotation or invoice will serve as your order confirmation once your deposit has been paid.
Please note that for fitting dates, a minimum of one week (seven calendar days) notice is required to change an appointment. Appointments amended after this timescale may be subject to a cancellation fee.
If you proceed with only one element of your quotation at a time (e.g. more than one fitting date is required) please note that an additional call out charge may be applicable.
Please note that all wallpapers are non-returnable, even if they are unopened.
Quotations are valid for 4 calendar weeks from date.
Our terms of trade are not limited to the above and a full copy of our current Terms and Conditions are available upon request or available on our website.
Please note that these terms are subject to revision without notice.