TERMS AND CONDITIONS OF ACCEPTANCE, SALE OR RETURN
Contract Creation
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the website by completing the checkout process.
We will send you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from The Curtain Exchange Ltd.
As your order is despatched we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products.
We must receive payment of the whole of the price for the goods that you order before your order can be accepted.
Goods are subject to availability. If the goods at the time of your order are not in stock we will not process your payment until we confirm to you that the goods are in stock or in our warehouse.
If the goods at the time of your order are no longer available, we will not process your payment and will advise you accordingly. A full refund will be given where you have already paid for the goods.
In all cases, our acceptance of your order brings into existence a legally binding contract between us.
We file details of order. Please read our Security and Privacy Policy for details of how these can be obtained.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and complete and that you will notify us of any changes.
Indemnity
You agree fully to indemnify, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, 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 account or personal information.
Payment Terms
Unless agreed otherwise, all payments must be made 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.
Our Rights
We reserve the right to:
Modify or withdraw this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for modification to or withdrawal of the website: and/or
Change the conditions from time to time, and your continued use of the website or any part of it following such a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any of the changes to the Conditions then you must immediately stop using the website.
Price
The price you pay is the price displayed on the website at the time we receive the order.
While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods we will notify you as soon as possible and give you the option of reconfirming your order at the correct price at or cancelling it. If we are unable to contact you, we will treat your order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
You can make payment in any method specified in the Ordering and Delivery section. We will take all reasonable precautions to keep the details of your order and payment secure. However, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Third Party Rights
Except for our affiliates, directors, employees or representatives, a person, who is not a party to this agreement has no right under the UK Contract (Right of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that act.
Governing law
The contract between us shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. English is the only language offered for the conclusion of the contract.
Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Warranties and Liability
Subject to the Terms set out we warrant that upon delivery of the goods will correspond with their specification, will approximately correspond with the approximate description given by us and will be free from defects.