Terms & Conditions
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;
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.
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.
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.
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.
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.
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.
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.
Measuring and Fitting
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.
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.
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.
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.
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 aTimed 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).
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.
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.
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.
Roman and London blinds are lined and supplied with wooden batons and all fixtures and fittings required to fit them, plus fitting instructions.
Roller, Venetian and velux blinds are supplied with all fixtures and fittings plus fitting instructions.
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.
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.
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.
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.
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.
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.
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.
Cancelling Orders, Returns of Goods and Refunds
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.
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.
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.
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.
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.
Warranties and Liability
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.
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.
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.
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.
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.
Nothing in these Terms excludes or limits the liability of us for death or personal injury caused by our negligence.
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.
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.
We do not accept liability for any indirect loss you may suffer.
You must not copy any of our designs without obtaining our permission in writing.
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.
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.
If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.
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.
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.