Standard Terms & Conditions of Sale
1. All physical goods are sold by sample. Drawings or advertising we issue and any illustrations contained in catalogues or brochures are issued solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us.
Variations between fabric, wallpaper and paints can occur and as such the Company cannot guarantee colour matches to existing or previous work carried out by the Company, the work of other companies or colour match to existing fittings or furniture. If required, a batch cutting sample may be requested for a true fabric match.
Wallpaper is sold by the roll (or metre where applicable). We will assist you in calculating the amount you may need for your project but advise consulting a professional decorator if you are unsure. We do not accept returns of wallpaper unless the specific supplier allows it. Where they do, this is usually a minimum amount of five rolls. Should you wish to return any wallpaper, you agree to pay the delivery charge and any restocking fee from the supplier. Some suppliers do not accept any returns at all. Please check with us at the time of ordering. If you are on the cusp of needing an additional roll, we advise that we reserve additional roll/s of paper with our supplier. In this instance you will need to ensure the batch numbers correlate – this cannot be guaranteed unless stated and/or required rolls are reserved at the time of order. Please note that suppliers may only reserve wallpaper for a specific length of time – we cannot guarantee reservation/batch availability past that time.
2. In the case of blinds, goods installed as cord/chain operated shall be installed with a safety bracket/cleat in accordance with BS EN 13120:2009 to reduce the risk of strangulation to children or vulnerable persons. You shall use the safety devices as directed in any instructions which accompany the goods. Refusal to install this safety requirement shall constitute a breach of these Terms and Conditions. For avoidance of doubt we consider this clause to be reasonable in all circumstances given our obligations under the regulations. This will not affect your legal rights as a consumer in relation to any Goods that are faulty.
3. Customer’s own measurements. Where you supply your own measurements we will make the Goods to your exact specification and no liability can be accepted by the Company for an imperfect fit based on measurements not taken by us. Our measuring guidance is a guide only and cannot be used as a basis for inferring liability.
4. Made to measure fabric products. By its very nature, fabric is a fluid and at times unpredictable component of our products. Fabric is supplied by our manufacturers in a variety of ‘useable widths’. In order to make curtains and blinds to specific sizes, widths of fabric (typically 54” or 137cm) are joined together. Therefore curtains and blinds will have visible joins in the fabric. If it is possible to avoid joins by ‘turning’ a fabric we will, however, this depends on the nature of the fabric and the pattern. On some curtain headings, joins may appear at the front of the pleat or fold – this is unavoidable and due to the length of the pole/track and the width of the fabric/curtain when joined/finished.
5. Standards. We manufacture our made to measure products to the highest standards using the best linings and components in the industry. We also prefer to treat certain fabric types in a specific way. Should you wish to ignore our advice and deviate from our standard manufacturing process we will not be liable for an inferior finish. This is particularly relevant around natural fabrics such as silk (which we will interline as standard to protect as much as is reasonably possible from sun damage) and linen (which we do not recommend for roman blinds unless the ‘linen look’ is desired). We recommend interlining on all curtains where practical to avoid an inferior finish. We also blackout line as standard unless specifically requested or the fabric weight does not require it.
6. Cleaning. We recommend spot cleaning and regular vaccuming or dusting of our products unless the manufacturer’s advice recommends otherwise. The company will not be held liable for any shrinkage that occurs due to washing or dry cleaning of products, regardless of the manufacturer’s fabric care advice. Should this occur, we will provide you with supplier contact details for your own complaint and provide support at a reasonable level.
7. Proof of purchase. Please retain your invoice as proof of purchase .
8. The Price for the Goods and Services is stated on the Estimate. All Prices quoted are inclusive of the cost of delivery and VAT. Estimates are valid for a period of 28 days.
9. Payment in full shall be payable upon acceptance of the Estimate Price. This payment shall be forfeited to the Company on account of damages in the event of the customer’s breach of contract.
10. By paying for the order you are accepting the price for the Goods and Services, the specification of the goods and services listed in the estimate and these Terms and Conditions of sale.
11. Should your requirements change after the payment we reserve the right to amend the estimate and price accordingly and will forward a copy of the revised estimate to you as soon as is practically possible.
12. Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us is a best estimate only, and we will not be liable to you for any loss or damage (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled fitting appointment) sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control. Failure to supply your goods within this period shall not constitute a breach of these terms. The Company shall advise you of a delay as soon as is reasonably practicable.
13. Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
14. Title to the goods shall only pass upon the Company receiving payment in full or payment of an agreed reduced balance where applicable. All goods shall remain the property of the Company until paid for and as such, we reserve the right to repossess said goods in the event of a default by the customer.
15. Goods are deemed as accepted after 7 days has elapsed from date of receipt.
NOTICE OF THE RIGHT TO CANCEL
16. The goods are bespoke and made-to-measure to your requirements. As such they fall into the category of tailor-made products within the Consumer Contracts Regulations and hence you will not be able to cancel your Order once placed (subject to the clause below). This will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
17. Notwithstanding the clause above, Lulu Francis will accept cancellations of Orders placed provided that notice of cancellation is received within 24 hours of the order being placed.
18. Our made to measure curtains, blinds and pelmets come with a 3 year workmanship guarantee. Roman blind tracks carry a 2 year manufacturer’s guarantee, faux wood shutters carry a 5 year manufacturer’s guarantee. Other products guarantee information is available on request. This does not extend to defects that occur as a result of misuse. If the products are used in a commercial environment this guarantee is reduced to 12 months as standard.
19. Please contact us at the earliest sign of any defect so that we have the opportunity to examine and rectify any problems. In the case of mechanical elements (tracks, motors etc) continued use can exacerbate the problem. Failure to notify us immediately may void any guarantee. No temporary replacement will be provided. We will rectify any problems as soon as is practically possible and will liaise with you on the situation regularly to keep you updated.
20. The warranties shall not apply in relation to fading/discolouration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.
21. Any alterations made by you to the goods shall deem this guarantee invalid. If it is found that goods under this contract are intended for use in or, become used in commercial properties, this warranty shall be limited to a 12 month period. Any goods replaced or purchased outside of this warranty shall carry a 12 month manufacturer’s warranty only.
22. In addition to your statutory rights the Company shall warrant goods sold under this order, for a period of 3 years from the date of delivery against faulty goods or poor workmanship, except where a third party supplier’s warranty covers the goods and our guarantee will be limited to the length of that guarantee.
23. The Company shall not be held liable for a breach in this term unless given the opportunity to inspect the products to determine fault. This warranty shall not apply to any defect in the goods arising from mould, fair wear and tear, wilful damage, accident, moisture damage, and negligence by you or a third party or if you fail to use the goods as advised by the Company through its literature or express verbal instructions. It is a condition of this Contract that you maintain and use your goods in accordance with the supplied User Instructions or After Care documentation. Failure to adhere to any advice or instructions in either the User Guide or After Care documentation will invalidate any claim against The Company in respect of any goods supplied, or services carried out by The Company.
LIMITATION OF LIABILITY
24. The Company shall not be liable for events outside of our control, up to and including civil unrest, strike, acts of God, terrorism or any such event that the Company may or may not foresee but has no control in its occurrence or effects. Neither party to this contract shall be held liable for losses to the other party for loss of anticipated savings, loss of data, any waste of time but this shall not limit either parties claim for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 or any other matter for which it would be illegal to exclude or attempt to exclude liability.
25. No liability of the Company shall be accepted where damage is caused through existing structural or other existing defects on your property. These terms do not attempt to limit liability of either party for foreseeable losses as a result of breach of either party. It is your responsibility to ensure that the installation of our goods does not breach any leasehold, planning regulations or warranties you may hold.
26. The goods, the contract and these terms shall comply with all statutory requirements for the sale and supply of goods/ contracts within the United Kingdom. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. It is the Company’s right to waive an obligation of the customer under these terms and this shall not mean that all requirements to perform under these terms are also waived. Any person who is not party to these terms shall have no rights under or in connection with them under the Contract (Rights of Third Parties) Act 1999. These terms shall be governed by the laws of England and Wales and we both agree to the non-exclusive jurisdiction of the courts of England and Wales.
27. We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
28. Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees or Advisors; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.