Terms and Conditions
These are the Standard Terms and Conditions of ECS Enterprises Limited trading as Curtains2bedding which provides made to measure soft furnishings, bedding and other ready made products for accommodation, offices, learning institutions and the like.
Any Specific Terms and Conditions relating to specific Contracts will be communicated by the Seller to the Customer at the time of quotation and will take precedence over these Standard Terms and Conditions.
Interpretation
In these Terms and Conditions
Customer means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
Goods means the goods (including any instalment of the goods or any parts of them) which the Seller is to supply according to these Conditions.
Seller means ECS Enterprises Limited trading as Curtains2bedding.
Conditions means the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Customer and the Seller.
Contract means the contract for the purchase and sale of the Goods.
Writing includes facsimile transmission electronic mail and comparable means of communication.
Validity of quotations:
Quotations are valid for 4 weeks. The price quoted is based on the entire project being accepted by the
Customer as quoted. In the event of any change to the scope or planned implementation Seller will
need to provide a revised quotation.
Agreement to Terms:
Acceptance of quotations and any change in Terms and Conditions are to be confirmed in Writing.
Normal Lead Time:
Soft furnishings
Approximately 2 – 4 weeks from receipt of written order subject to fabric availability and manufacturing capacity.
Bed Products
Approximately 3 – 5 days from receipt of written order – subject to availability.
Ready Made Products
Approximately 3 – 5 days from receipt of written order – subject to availability.
Furnishing Manufacture:
Products will be made to the specification detailed in the quotation / invoice.
Flame Retardancy:
Certification will be provided by the Seller at the request of the Customer.
Made to measure curtains:
Fullness:
Curtains are made with 100% fullness unless otherwise specified.
Fitting:
Where agreed fitting will be conducted by Direct Fabrics.If the site is not ready on the pre-arranged fitting date, extra charges for a revisit may be incurred.
Delivery & Fitting:
Any dates quoted for delivery or fitting of Goods are approximate only and the Seller shall not be liable for any delay in delivery or fitting of the Goods howsoever caused. Time for delivery shall not be the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Customer.
Damages :
If Goods received by the Customer are damaged the Customer is to call the Seller immediately on
03301118995 and the problem will be attended to as soon as possible. The Customer
is requested not to ask delivery carriers to arrange exchanges without emailing or calling the Seller. In
any event, the Customer should take a photograph of the damage and report this to the Seller
within 24 hours after delivery.
Returns of Goods supplied:
The Seller, Direct Fabrics, makes every effort to ensure that the Goods on the website are as accurately represented as possible with images and texts. It is acknowledged that screens and images may appear differently on the website and therefore Customers are able to use a free sampling service on all curtain fabrics.
If Customers have any questions, please contact our customer service team on 03301118995 and the team will be able to help you with your purchasing.
For Goods that have been cut to order, made to measure or are customised products, returns are not accepted. We also cannot accept returns due to incorrect measurements supplied to us.
Returns of Ready Made Goods Not Manufactured to Order
For ready made products returned unused in the original packaging we do offer returns if you are not completely happy with your purchase.
To return a product please contact the team on 03301118995 or sales@direct-fabrics.co.uk to discuss sending the goods back to the Seller. Returned items should be unused and must be returned in original packaging with any enclosed documentation. We will issue a full refund on receipt, excluding the original delivery charge. Alternatively, if preferred we will exchange the item.
Returns of ready made products in original packaging and new condition need to be returned within 30days. Please contact the team and request the return delivery address. Returns sent without previous contact with the returns team will not be accepted.
Please note a returned item is your responsibility until returned and received by the Seller. Therefore, for your own protection we recommend that you send the parcel using a delivery service that insures you for the value of the Goods. The cost of returning the item to us is your responsibility. Delivery charges are only refundable where there is a fault in the Goods are faulty and a full refund is made.
If you wish to return non-bespoke goods that are not defective, these will be subject to a restocking charge, typically 25% of the price you have paid for the goods.
Payment:
Payment terms will be included in the quotation. In the absence of any specific reference to payment
terms in the quotation, payment in full is due within seven days of the date of delivery.
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 5 percentage points above Bank of England base rate until payment in full is made (such interest to be due on daily basis).
Cancellation:
No order placed by the Customer which has been accepted by the Seller may be cancelled by the
Customer except with the agreement in writing of the Seller and on terms that the Customer shall
indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all
labour and materials used), damages, charges and expenses incurred by the Seller as a result of
cancellation.
ECS Enterprises holds the right to cancel the supply of goods if they are unable to offer the full service required. This includes inaccurate client measurements, stock non-availability and ability to arrange date of fitting. A full refund will be given less any check measuring costs which are non-refundable, Measurements will be supplied to client in this instance. Cancellation will be made if clients’ measurements are significantly different to those provided by the Customer before check measure and client is not in agreement to proceed.
Title of Goods:
Whilst the risk in the Goods passes to the Customer on delivery to the Customer’s premises the title of
Goods remain the property of the Seller until full payment has been received and cleared on all
outstanding invoices. The Seller reserves the right, at any time, to repossess any Goods for which full
payment has not been received. Until title passes, the Customer will hold the Goods upon trust as
Bailee for the Seller, keeping the Goods separate from all other products and label them so they can at
all times be identified as the property of the Seller
Force Majeure:
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.
Warranties and Liability:
The Seller shall be under no liability
- in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
- in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller’s approval.
The Seller shall not be liable to the Customer for any defect in parts, materials or equipment not manufactured by the Seller. In such cases the Customer shall be entitled to the benefit of any such warranty or guarantee as is provided by the manufacturer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by the reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agent or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
Insolvency clause:
If the Customer;
- makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) ;
- or an encumbrance takes possession, or receiver is appointed, of any of the property or assets of the Customer;
- or the Customer ceases, or threatens to cease, to carry on business;
- or the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contracts without liability to the Customer.
- If the Goods have been delivered but payment in full has not been received by the Seller, the full price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Applicable law:
The Contract shall be governed by the laws of England
Version September 2018
