Terms & Conditions of Sale
1. Basis of Sale
- All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. Your order becomes binding once we have accepted it. It is your responsibility to check that all details of your order, such as specifications, measurements, dimensions, product features, access and delivery, are correct and suitable to your requirements prior to placing your order.
- Please follow the onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing "Go to Checkout" on the "Review Your Order page", and in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
- An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Curtain Call Commercial Ltd.
- We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may suspend or refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
- To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in the United Kingdom; (Please note that PO box numbers and temporary accommodation addresses are not acceptable); and possess a valid credit or debit card issued by a bank acceptable to us.
Please note that any order placed from Isle of Man, Jersey, Guernsey, and any other countries outside the United Kingdom (except France, Italy, Switzerland, Austria and Germany) are not valid.
- It is your responsibility to provide accurate and complete measurements when ordering MTM Products.
- We are not liable for any inaccurate and/or incomplete measurements provided.
3.Out of Stock Items
- While we will make every effort to keep our online shop up-to-date. However, there may be occasions when out of stock items are ordered before we have a chance to update the shop. We will contact you to offer an alternative or a refund.
4. Cancellations / Returns
- If you need to amend or cancel your made to measure curtains or blinds you may only do so up to 48 hours after you have placed your order by contacting Customer Services*. Thereafter we reserve the right to charge you up to 50% of the value of the amended/cancelled Product.
- Once received, these Products cannot be cancelled unless confirmed defective by a Curtain Call Commercial Ltd appointed inspector, or in compliance with your statutory rights.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will refund you the difference within a reasonable time frame, but in any event no more than 30 days after dispatched the Products to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5 Defect and Damage
- On delivery, it is your responsibility to inspect and report to Customer Services* any visible damage/defect to the Products .Do not leave products wrapped and unchecked. All visible damage should be reported within a reasonable timeframe, we consider this to be within 3 days of delivery .If you believe our Products are of an unsatisfactory quality, please contact Customer Services* as soon as reasonably possible and treat the Product with care while your claim is being investigated.
6. Delivery Services
a) Delivery & Storage Information
A non-refundable storage fee of £100 per full week will be charged when i) we have been unable to make a delivery booking with you within three weeks after the original delivery date or first booking attempt by Customer Services* (whichever is the later) or ii) delivery bookings have been made and you are unavailable to take delivery of your order after agreeing delivery dates with Customer Services*. A minimum £60 re-delivery charge for UK customers and £165 re-delivery charge for European customers, will apply in both i) and ii).
b) Time Frames
- Standard Made to Measure orders will be delivered within approximately 4 weeks , unless otherwise stated
- Any date specified by us for delivery is an estimate and time for delivery shall not be made of the essence. Specific delivery dates and times cannot be agreed when placing your order.
- Express lead times are subject to availability and cannot be guaranteed.
- We are not liable for any delays and/or failures in delivery if we cannot gain access to the delivery address on the agreed delivery date or under any other circumstances beyond our reasonable control.
- We do not deliver to Channel Islands or Isle of Man.
- It is your responsibility to provide an accurate, secure delivery address. For most parcels an adults signature will be required.
- We are not liable for loss once goods have been signed for or if goods are lost due to an inaccurate address supplied by you.
- Any delivery dates specified are estimates and time is not to be made of the essence. We regret that specific delivery dates and times cannot be agreed when placing your order.
- We are not liable for any delays and/or failures in delivery if we cannot gain access to the delivery address or under any other circumstances beyond our reasonable control.
- Multiple types of Products may be delivered separately.
- Delivery will be charged at £13.50 + vat for items weighing less thank 20kg and £2.00 + vat for each 4kg of additional weight up to 50kg. For weights above 50kg please contact us. These are likely to be delivered on a palette.
- It is your responsibility to advise us at the time of ordering of any non-standard delivery circumstances that may apply, as additional delivery charges from £60 could be applied to i) deliveries above the first floor, ii) deliveries requiring more than two delivery crew, iii) deliveries requiring a small van for access and iv) deliveries in any other exceptional circumstances. We will advise you of any applicable additional delivery charges when placing your order or as soon as reasonably possible thereafter. For more information, please contact Customer Services*.
7. Risk of Damage and Title in Property
We bear the risk of loss or damage to the Products until they are delivered. The Products will only belong to you once payment has been made in full. Until full payment is received, we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and our risk when we receive them.
8. Product Descriptions, Features and Specifications
- Product colour and shade may vary from one manufacturing batch to another.
- There is a 3% allowance on fabric alignment.
- Many of our Products are individually hand finished and there may be differences between manufacturing batches, which will be more apparent if orders are placed at different times. These are not defects.
- We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.
9. Prices and Payment
- Prices are exclusive of VAT and exclude delivery charges unless otherwise stated.
- All prices are correct at time of entering but may change due to in advertent administrative errors or circumstances beyond our control . Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will refund you the difference within a reasonable time frame, but in any event no more than 30 days after dispatched the Products to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
- We reserve the right to reject any offer to purchase from a customer for any reason.
10. Website Content
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
11. Amendments to these Terms & Conditions
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
12. Intellectual Property
You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Curtain Call Commercial Ltd or our licensors and shall remain at all times vested in us or our licensors as expressly authorized by us or our licensors.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
14. Liability and Warranties
- All Products purchased from us through our site will contain a Warranty given by the manufacturer of the Product. All manufacturers supplying our Products provide a minimum Warranty of 12 months. Care instructions must have been adhered to.
- Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
- We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
- We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
15. Data Protection and Privacy
- In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Site, will be used to monitor and improve our service to you, and for marketing purposes. We may send you, brochures, leaflets and catalogues displaying our products and services, and may telephone you in order to tell you of promotional offers, to discuss account details or for market research.
- We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
- If you wish to update or delete your personal information, or if you prefer that we do not email you to tell you of promotional offers. Please write to us.
- To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed Curtain Call Commercial Ltd, its agents, partners. If you do not wish to receive information about our products and services, or do not wish us to pass your information to carefully selected companies whose products we believe may be of interest to you please write to us.
16. Risk and Title
All title, ownership and risk to the ordered Products will pass to you when they have been delivered to you. Once the Products have been delivered to you they will be held at your own risk and we will not be liable for them.
17. Entire Agreement
You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
Conditions of Web Site Use
TO THE FULLEST EXTENT PERMITTED BY LAW, CURTAIN CALL IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, CURTAIN CALL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.