1. Definitions - In these Terms and Conditions, “we” or “Window Wear” shall mean the Window Wear Company Ltd and “you” or “the Client” shall mean Window Wear’s customer.
2. Consultation - Initial consultations will be free of charge and will be held under a no obligation basis. This initial consultation is usually used to understand and agree the scope of the work, provide design suggestions and take accurate window measurements to be able to provide bespoke products. The Client should ensure that the areas to be assessed are clear of items that may prevent these measurements being taken. Please note that Window Wear cannot be held responsible for the accuracy of measurements supplied by the Client or the Client’s Interior Designer/representative.
3. Quote - A written estimate for the services required will be provided after the initial consultation. If the customer wishes to proceed further, then Window Wear will provide a Sales Invoice to the Client which will detail the cost of the goods and services to be provided. Sales Invoices are valid for 30 days from the date of issue, unless otherwise advised.
4. Deposit - A non-returnable Deposit of the costs, as detailed on the Sales Invoice, will be required if the Client wishes to proceed with contracting the work to Window Wear. Window Wear will proceed with the services requested only after receipt of the Deposit and payment of the Deposit will represent the Client’s acceptance of these Terms and Conditions. This will form an agreement between the Client and Window Wear. Work will not commence until cleared payment is received.
5. Payment - Window Wear’s terms of payment are strictly by Deposit, as detailed on the Sales Invoice on order, and cleared final payment on day of Delivery prior to the end of installation. However, where work is completed in several stages, payment will be required in instalments on completion of the relevant stages on the day of Delivery, as specified by Window Wear via an interim Sales Invoice. All payments to Window Wear should be made in cash, credit/debit card or Bacs payment on the Delivery date.
6. Delivery - Window Wear always endeavours to deliver bespoke soft furnishings approximately 4-6 weeks from delivery of fabric unless otherwise specified (subject to receipt of Deposit, clearance of funds and availability of usable materials). The Client should understand that acceptance of the Sales Invoice also means that the Delivery timescale discussed is accepted, but that it is not a guarantee of timescale. Window Wear will notify the Client immediately of any unforeseen, necessary extensions to Delivery. Window Wear cannot be held responsible for any materials going out of stock between Sales Invoice acceptance and materials purchase. Any monies received with respect to such an order will be refunded where requested. The balance of payment will be due on the day of Delivery (unless another agreement is arranged) prior to the end of installation. At this point, the Client will be required to check the goods fully. The property and ownership of the goods does not pass to the Client until paid for in full. The risk in the goods passes to the Client on Delivery.
7. Client Delay of Installation - Should installation be delayed by the Client (for any reason including construction delays or delays due directly or indirectly to war, strikes, lock-outs, Government prohibition or restrictions, fire, flood or any cause in or out of its control) following the Client’s acceptance of the Sales Invoice and the commencement of production of ordered goods, then an invoice for the final payment will be issued to the Client on the day of the original agreed Delivery date as detailed on the Sales Invoice, the payment of which will be due strictly within 28 days from its date of issue. All reasonable storage costs of the ordered goods, incurred as a result of a delay by the Client, for any reason in or out of their control, will be borne solely by the Client.
8. Fabrics - Where the Client or the Client’s Interior Designer/representative supplies the fabric, Window Wear cannot be responsible for the general quality of the fabrics or for any flaws, faults or inconsistency of pattern. Where possible, Window Wear will work around such issues but extra work or fabric required to do so will be paid for by the Client. Fabrics should be clearly marked with the right/wrong side of the fabric and pattern direction. Where this has not been done, Window Wear will not be held responsible for the fabric being made up on the wrong side. Where the Client or the Client’s Interior Designer/representative has specified a fabric which is subsequently supplied by Window Wear, the responsibility of suitability remains with the Client or the Client’s Interior Designer/representative. Where fabrics are supplied by the Client or the Client’s Interior Designer/representative, Window Wear must be made aware if the fabric is more than £30/m. If Window Wear are not advised then any compensation following cutting errors will be limited to a maximum of £30/m
9. Fabric Care - All fabrics should be handled with care. Advice for their suitability for washing/dry cleaning can be sought from the fabric supplier. However, when a combination of fabrics has been used (for example where lined curtains have been made, or where trimmings have been applied) rates of shrinkage between fabrics may differ causing the item in question to be pulled out of shape. Window Wear suggests that ALL cleaning is done (except on the most delicate of fabrics) by means of regular gentle vacuuming, by placing a piece of muslin over the end of a vacuum hose. When fabric is specified by Window Wear, Window Wear will endeavour to match the correct fabric with the Client’s requirements and assess its suitability for the environment in which it will be placed. Window Wear can take no responsibility for fabric behaviour once within its intended destination. Any shrinkage due to high humidity, improper cleaning, or any other reason, or damage or misshaping arising from atmospherics, gravity, internal heating systems, UV light, internal lighting, mishandling or other improper use will not be the fault of Window Wear.
10. Fixtures and Fittings for Window Treatments - Window Wear can advise on fixtures and fittings. Window Wear can take no responsibility for any damage due to property during or after the attachment of such fixtures or fittings by the Client or the Client’s Interior Designer/representative. If the Client wishes to change curtain pole/tracks or other such fittings after precise measurements have been taken by Window Wear, then the Client MUST inform Window Wear of such a change in writing (email will be accepted for these purposes), and it is the Client’s responsibility to ensure that Window Wear have acknowledged these changes and returned to take new measurements. If any change in dimensions results in extra work being required to ensure the window treatment(s) fit, then an additional charge will be incurred. If the Client provides the required measurements, then all items subsequently made will be done so in accordance with them. Window Wear can take no responsibility for any mistakes arising from inaccurate or incorrect measuring by the Client or the Client’s Interior Designer/Representative. Such errors may be rectified where possible, but this will be at additional cost to the Client.
11. Work areas – All work areas must be cleared to enable access for installation. Window Wear will not be responsible for carrying out any unspecified building work or for moving any moveable items such as electrical equipment, decorative goods and furniture if they have not been removed from the area of installation. If the area being fitted is not as described or proves more complex than expected, Window Wear reserves the right to raise an additional charge for the hire of equipment and/or any additional labour costs Window Wear incurs. Window Wear will also be entitled to a reasonable additional period of time to complete the job. Although Window Wear may be able to advise, ultimately it is the Client's responsibility to ensure safe fixings and safe conditions for Window Wear when on the premises installing window dressings.
12. Safety - Roman/roller blinds will be supplied with safety bead chain/cord boxes/approved child safe attachments. Should the Client refuse the fitting of safety boxes or child safety attachments during installation, Window Wear will not undertake the installation, however the Client will be charged for the booked labour. Should the Client remove safety boxes once fitters leave the Client’s premises, Window Wear takes no responsibility for injury or death as a result.
13. Our Rights to Cancel - Window Wear may very occasionally need to cancel an order before the start date for the services or before the services are delivered due to an Event Outside Our Control (as defined below) or the unavailability of stock or key materials or key personnel without which Window Wear would be unable to provide their services. In this case, Window Wear will endeavour to notify the Client promptly and a refund of the services not provided will be issued to the Client.
14. Third Parties - Window Wear can occasionally suggest third party suppliers and trades people direct to the Client. However, the Client will form their own relationship with any third party and be responsible for managing these relationships and be responsible for financial settlements directly with the third party.
15. Personal Information - Window Wear need to hold the Client’s basic contact details to enable them to carry out the job. By paying the Deposit and agreeing to these Terms and Conditions, the Client accepts that these details will be held on file.
16. VAT - The price of Window Wear’s services includes VAT at the applicable current rate chargeable in the UK. If the rate of VAT changes between the issuance of the Sales Invoice and date of Delivery, Window Wear will adjust the VAT accordingly.
17. Events Outside our Control - Window Wear will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms and Conditions that is caused by an Event Outside our Control. An Event Outside our Control means any act or event outside our control, including, without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (weather declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18. Legal Costs - The cost of any successful legal action to recover a debt will be borne by the debtors.
Window Wear reserves the right to change these Terms and Conditions at any time