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Terms and Conditions

These terms and conditions are the contract between you and Custom Curtains (Richmond) Limited (“us”, “we”, etc).

By visiting or using Our Website, you agree to be bound by them.

They protect your rights as well as ours.

We are: Custom Curtains (Richmond) Limited, a company registered in UK, registration number 15676407.

Our address is PKB Beechey House, 87 Church Street, Crowthorne, RG45 7AW.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms

1. Definitions

“Content”means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Intellectual Property”means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website”means any website or service designed for electronic access by mobile or fixed devices that are owned or operated by us.
“Services”means the service provided from Our Website.

2. Children on Our Website

  1. Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
  2. In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
  3. We do not knowingly collect personal information from any person under the age of 16 years.
  4. Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
  5. It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
  6. Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
  7. Filter software may also be useful to you.
  8. You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
  9. You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.

3. Intellectual Property

You agree that at all times you will:

  1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
  2. notify us of any suspected infringement of the Intellectual Property;
  3. so far as concerns our work provided or made accessible by us to you, you will not:
    1. copy, or make any change to any part of its code;
    2. use it in any way not anticipated by this agreement;
    3. give access to it to any other person than you, the licensee in this agreement;
    4. in any way provide any information about it to any other person or generally.
  4. not use the Intellectual Property except directly as intended by this agreement or in our interest.

4. Disclaimers and limitation of liability

  1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
  2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
  4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
  5. The Website and our Services are provided “as is”. We make no representation or warranty that Our Website will be:
    1. useful to you;
    2. of satisfactory quality;
    3. fit for a particular purpose;
    4. available or accessible, without interruption, or without error.
  6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
  8. We shall not be liable to you for any loss or expense which is:
    1. indirect or consequential loss; or
    2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
  9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act as well as to ourselves.

5.Miscellaneous matters

  1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018.
  2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  4. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  1. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

Bespoke Curtain and Blind Orders

Our Terms and Conditions of Supply and Fitting Goods are ruled by the requirements of the Consumer Rights Act (CRA) 2015, The Consumer Contracts (Information, cancellation, and additional information) Regulations 2013, The Child safety requirements BS EN 13120:2009+A1:2014 and The Alternative Dispute Resolution for Consumer Disputes Regulations 2015.

CONTRACT. If you place an order on our website, or by a telephone, the contract will only be made when we receive your deposit or full payment. If you place an order with one of our salespeople (either at our premises or elsewhere), the contract will be made when you confirm your order.

GOODS. The goods you receive from us must be; of satisfactory quality, fit for common purpose or any purpose made known to us, and must meet any description given. Please note that the images of the products we supply in our sales literature or online are for illustration purposes only and we cannot guarantee that these printed/computer- displayed images will reflect the colour of the goods accurately. Our packaging may also vary.

SERVICES. If we agree to carry out a service for you, we will ensure that this is carried out using reasonable care and skill.

GUARANTEE. Details of any guarantee that comes with the goods/services you have purchased will be left with you after installation, and available at request.

Any manufacturers guarantee / warranty starts from the date we send the final invoice. Not installation date

CHILD SAFETY. If the goods contain any safety device(s) and/or are to be fitted in accordance with child safety requirements placing an obligation on all businesses to supply and professionally install safe products, then we will be required to fit such device(s). In the event that you should instruct us that you do not wish to have the safety device(s) fitted, we will refuse to install the goods. In such an instance, you will still be liable to pay up to the full price.

MEASUREMENTS. If you are providing your own measurements, ensure they are correct and accurate as we cannot accept the return of made-to-measure goods on the basis that the measurements were incorrectly supplied by you.

INSTALLATION. The price for installation was agreed on the assumptions that; there is going to be one continuous site visit, there is unobstructed access to outside your property for vehicle parking, the area where the goods are to be fitted is unobstructed, surfaces and grounds the goods are to be fixed to are in a good condition allowing us to

easily obtain good fixings and with no objects in the immediate working area, there is no asbestos that we would be likely to come into contact with, and that no items under warranties/guarantees will be invalidated by the installation.

We may make a further reasonable charge for the additional time, costs or materials if these conditions are not met. We are not responsible for any loss or damage to your property that is not foreseeable, unless due to our negligence, or for the cost of repairing any pre-existing faults to your property, or for any damage discovered whilst undertaking the installation. We will not be responsible for carrying out any building work, moving any furniture, clearing access or invalidation of any warranties you do not tell us about in writing before you make your order.

ACCESS. If we have agreed to install the goods for you and you do not allow us access to premises without having a good reason for this, we may charge you additional reasonable costs incurred to us as a result of this. If despite our reasonable efforts we are unable to contact you or to re- arrange access to the premises, we may end the

contract and you will be liable to pay us a sum up to

the price due under the contract.

PRICE. The price for goods/services is set out in full in the quote / invoice and includes VAT. Payments are to be paid as indicated in the quote / invoice. Fitting is charged separately and is indicated on the quote / invoice

DEBT RECOVERY. Where payment is 30 days late and we are unable to come to an agreement over the payment, the consumer will be charged our reasonable recovery costs which may include the costs of using a collection agency and legal costs. Any additional reasonable charges will be notified to the consumer at least 2 weeks in advance.

FURTHER CHARGES. If you ordered installation services from us, further charges may apply in case additional and unforeseen circumstances arise. These will always be notified to you in writing.

DELIVERY.

If you have asked to collect the goods from our premises, you can do so during our opening hours when we notify you that the goods are ready. The goods will not leave the premises until payment has been received in full. If you do not collect the goods from us within a reasonable time, we may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you to re-deliver or arrange collection within a reasonable time, we may end the contract and you will still be liable to pay us up to the price due under the contract.

DELAY OUTSIDE OUR CONTROL. If delivery/ installation is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for any delays caused by the event, as long as the goods are still supplied within a reasonable length of time.

YOUR RIGHT TO CANCEL.

a) You may cancel a contract if we have told you about a pricing error/error with a description of the goods and you do not wish to proceed.

OUR RIGHT TO CANCEL.

a) We may end the contract at any time in writing to you (including email) if payment due to us was still not made within 7 days of us reminding you it is due, or if you do not, within a reasonable time; allow us to deliver the goods to you, collect the goods from us, or allow us to install the goods (if this was agreed). You will then be in the breach of the contract and still liable to pay us the price due under the contract.

b) If your order is accepted and processed and a pricing error that is obvious, unmistakable and could have been recognised by you as being so occurs, we reserve the right to terminate the contract and refund any sum of money you have paid to us.

LIABILITY. If we fail to comply with these terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking the contract or of our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable, unless due to our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you placed the order, both we and you knew it might happen, e.g. if you discussed it with us before placing your order.

THIRD PARTIES. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

COMPLAINTS. You should inspect the goods and any installation work as soon as conveniently possible and contact us if you believe there is a problem. You can phone us, email us or write to us using our contact details above to inform us of any issues. We will respond to your complaint as soon as possible. In the event that we are unable

to resolve the matter to your satisfaction, you may refer the complaint to the British Blind and Shutter Association’s Mediation Service if you are seeking rectification only, or alternatively pursue through Alternative Dispute Resolution provider the BBSA or through Small Claims Court.

OWNERSHIP AND RESPONSIBILITY FOR GOODS. The goods supplied/installed by us will become your property once we have received payment for them in full. The goods become your responsibility from the time; they were delivered to the address you gave us, you collected the goods from us, or the time we pass the goods to any third party organised by you.

LEGALITY. English law governs the contract although you can bring proceedings in England, Scotland, Wales, or Northern Ireland if you live in those countries.

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