Application and entire agreement
In the event that the buyer (you) purchases the goods outlined in our quotation (Goods) from Renelle Pettitt Ltd, these terms and conditions will apply. Incorporated in England under number 09910051, our registered office is situated at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF.
As soon as you accept these Terms and Conditions or the quotation, or when the Goods are delivered (whichever occurs first), they will constitute the entire agreement between you and us.
A contract between us and you exists when this contract and the quotation (together, the Contract) apply for the purchase and sale of any Goods between us and you. No other terms may be imposed or incorporated by you or implied by trade, custom, practice, or course of dealing.
Interpretation 1.1
· "Business day" refers to any day other than a Saturday, Sunday, or bank holiday.
· The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
· Words imparting the singular number include the plural and vice-versa.
· The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
· We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other stratum or regulatory requirements.
Price 1.2
· The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
· If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
· Any increase in the Price under the clause above will only take place after we have told you about it.
· You may be entitled to discounts. Any and all discounts will be at our discretion.
· The Price is exclusive of fees for packaging and transportation / delivery.
· The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Fabrics 1.3
· All items that require more than one width of fabric will have seams and joins. It should be noted that all repeat patterns are different, and they can be either mirrored images, side-matched patterns, or half-dropped patterns across the width of the fabric. The seams are always attempted to be pattern matched, but sometimes this is not possible.
· The blackout lining will not guarantee a complete blackout of the room, since light will be reflected through the essential stitching and along the sides and edges of the curtains. A cassette blackout blind is the only type of blind that provides 99% effective blackout.
· Fabrics of standard width will be centralized and joined on either side of the central width.
· The client is responsible for communicating or confirming any specific requirements regarding the fabric, such as the side/direction/pattern/etc. This specification will be followed in the preparation of your order. In the event that specific requirements are not communicated or miscommunicated, we are not responsible for any problems arising, however, any corrective work will be charged at an additional cost.
· There will be a minimum handling charge of 30% plus a collection fee for all returns, which is subject to the agreement of the manufacturer.
· It is the responsibility of the sender to collect faulty fabrics that are sent to us.
· There can be no guarantee that the design or pattern of a fabric will work with the design or pleats of a product. There is no way to align stripes with pleats or folds in fabrics.
· There is no guarantee that the pattern matching or behavior of fabrics once they have been made will be accurate across the width of natural fabrics, embroidered fabrics, and hand-blocked patterns, as Renelle Pettitt Ltd is not responsible for these issues.
· It is important to note that certain fabrics should not be ironed or steamed.
· Every fabric has some degree of crease, most of which can be removed by hanging the fabric for some time, ironing, or steaming it. The nature of linen makes it particularly susceptible to creasing. This is not a defect, but rather a characteristic.
· Our company reserves the right to refuse to work with your choice of fabric if we believe it will not produce good results. If you do not provide a sample of the fabric and trimmings, your order may not be accepted.
· There may be instances when an unexpected flaw or aspect of a fabric can only be discovered after the items have been made. As a result, we cannot be held responsible.
· In view of the fact that our workroom does not have the capacity to check the quality of wide width fabrics or velvets, Renelle Pettitt Ltd cannot be held responsible if a fault is discovered after manufacture.
· There is a degree of tolerance among fabric companies with regard to what constitutes a fault and what constitutes a characteristic of the fabric, which is why we are unable to accept the return of a fabric as faulty. This is not Renelle Pettitt Ltd's responsibility.
· Renelle Pettitt Ltd cannot be held responsible or liable for improper pairings of linings, fabrics, and/or trimmings that result in puckering, bagging, or creasing. In order to ensure that the end result will be as desired, please check with us before specifying and ordering.
Site Visits & Fittings/ Installations 1.4
· Renelle Pettitt Ltd is not responsible for repairing (or incurring the cost of repairing) any faults or damage to your property may have existed before we began providing the services.
· We are not responsible for any damage that occurs after installation e.g cracks in walls/ ceilings are usually considered normal in different types of houses including new builds and can indicate a natural settling of the structure.
· Renelle Pettitt Ltd, are not liable for any communication /miscommunications made on the fitter’s behalf. Unless it has been agreed upon.
· Arrangements are made by Renelle Pettitt Ltd with Sub / Contracted fitters, Renelle Pettitt Ltd is not responsible for any damage resulting from their work.
· The client is responsible for inspecting goods and the surrounding area upon delivery and notifying us onsite of any problems.
· We are only able to work within the space given.
Storing/ Delayed Installations 1.5
· If we are unable to install your goods after a delivery date has been scheduled and confirmed, we will charge you a storage fee of £100 per day plus vat.
· The items that have been made but cannot be installed will remain the property of Renelle Pettitt Ltd, but they will be the responsibility of the customer.
· If any defects or issues are found after the date of delivery to us, it is your responsibility to notify us. All items, including fabric, trimming, and objects sent directly to us remain the sole property and responsibility of the sender.
· Our insurance may not cover fabrics, trimmings, and objects that are sent directly to us. For items that you are sending to us, please ensure that appropriate insurance is in place.
· Delays beyond our control are not our responsibility. In the event that the delivery or fitting of products are delayed as a result of an event beyond our control, we will notify you as soon as possible and will take measures to reduce the effect of the delay as much as possible.
Policy on cancellations by clients 1.6
· The deposit amount is non-refundable after 24 hours after receipt of the deposit (from the date of receipt of the deposit).
· Upon cancellation of an order within the first 24 hours, clients will be entitled to a full refund, provided no items have been ordered and no work has begun.
· The return of any goods after they have been ordered and/or work has begun will be subject to a handling charge of minimum 30%, dependant on the working progress of the goods.
· Unless otherwise stated, bespoke items are non-returnable and non-refundable.
· The quotation (including any nonstandard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
· Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.
The ownership/ Inspection & Acceptance of Goods 1.7
· Until payment in full has been received by Renelle Pettitt Ltd, soft furnishings (goods or services) will remain Renelle Pettitt Ltd's property.
· Please let me know if you receive an invoice that you believe is incorrect as soon as possible. As a result, we will be able to discuss and resolve the matter as quickly as possible.
· If you do not pay by the due date, we may charge you interest on any overdue amount. Interest will accrue on a daily basis from the due date until the date of payment of the overdue amount. Any overdue amount is subject to accrued interest.
· It is your responsibility to inspect the Goods upon delivery or collection.
· Within 24 hours of delivery, you must notify us in writing if there are any damages or shortages.
· We will only accept returned Goods if we determine that the Goods are defective / unfit for purpose and, if required, have carried out an inspection.
· Upon compliance with this clause and/or our agreement, we will, as appropriate, repair, replace, or refund the Goods.
In relation to the Goods, we shall have no further liability or obligation if;
· In the event that you fail to provide notice as outlined above; and/or In the event that you use the goods in any further manner once you have given notice under the above clause regarding damages and shortages; and/or c. In the case of a defect, you must have failed to follow our written or oral instructions regarding the storage, commissioning, installation, use and maintenance of the Goods; and/or If the defect results from normal wear and tear of the Goods, or
· It is the result of misuse or alteration of the Goods, negligence, wilful damage, or any other act by you, your employees or agents or any third party.
· Returning the goods is at your own risk and expense.
· You will be deemed to have accepted the Goods as soon as you inspect them, and in any case within 24hrs of delivery
Terms and Conditions of Payment 1.8
· In order to accept the quotation, a 50% deposit is required.
· During the course of larger projects, interim payments may be invoiced at intervals.
· All balances are due 3 days prior to the day of installation or delivery.
· We accept BACS, debit and credit cards. Credit card payments will incur a surcharge relative to the credit card used.
· There is a charge for additional delivery and installation services.
· You must make payment even if delivery has not have taken place and/ or that the title in the Goods has not passed to you.
· If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for state interest, charge you interest at the rate of 5% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
· Time for payment will be of the essence of the Contract between us and you.
· All payments must be made in British Pounds unless otherwise agreed in writing between us.
· Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Soft furnishing quotations 1.9
· All item specifications can be found in the detailed quotations. An order or quotation is considered accepted upon receipt of a deposit.
· Renelle Pettitt Ltd will charge an additional fee for any items not included in the accepted quotation, and they will be treated as a separate order.
· Unless you have already paid in full before the change in rate takes effect, we will adjust the rate of VAT that you pay if the rate of VAT changes between the date of your quotation/order and the date of supply.
Design Specification 2.0
· Renelle Pettitt Ltd propose the design specification / template based off of the advice we are given from our fitters when measuring on the initial site visit.
· We work to the specification provided by the Designer/ Architects.
Pause clause 2.1
· In the event that the CLIENT pauses and/or delays a Project, Renelle Pettitt Ltd shall be entitled to charge clients a fee, as determined in its sole reasonable discretion, to re-start the Project “Re-Start Fee”. Acquainting itself with the projects needs. In addition to being subject to a Re-Start fee, the client is advised that in the event of such a pause and/or delay, items previously specified and/or quoted may be discontinued, out of sock and/or or subject to a price increase. In this event any respecifying and re-quoting of items/services will also require an additional design fee. This fee will be determined by Renelle Pettitt Ltd and is in its sole reasonable discretion. For purposes of this agreement, a client will be deemed to have ‘delayed’, ‘paused’ and/or placed a project ‘on hold’.
The client must give us 2 weeks notice if they wish to delay, change their delivery date. If the exceeds 5 working days of their original delivery date. Storage fees will be applied as well as a new delivery fee.
Lead times 2.2
· Although we do our best to meet our clients' deadlines, standard lead times average 12-14 weeks, depending on the complexity of an order and the time of year.
· The lead time for an order refers only to the time required from the receipt of the deposit, fabrics, all materials and hardware.
Other relevant information 2.3
· In accordance with EN 13120 guidelines, all roman blind head rails are fitted and supplied with child safety features.
· Romance blinds will always be stacked, rather than waterfall or cascade, unless otherwise requested.
· If not specified otherwise, all roman blinds will come with a standard white cord.
· If you require anything different from this pattern matching process, please let us know before work begins. Curtains are typically matched from the bottom up and blinds from the top down, and any changes due to a failure to communicate your preferences will result in additional charges.
· A customer who behaves in an aggressive or unacceptable manner may be refused service or have their order cancelled by Renelle Pettitt Ltd. Upon request, the remainder of the order is due immediately, and all goods in production, including fabrics you have provided, will be delivered when we deem it appropriate.
· The window treatment will appear different at a window of a different proportion if a design is selected from an image of another piece of work.
Delivery 2.4
· The Goods will be delivered to the address specified in the quotation, or in your order, or to any other location we agree upon in writing. The Goods must be collected from our premises if you fail to provide a delivery address or if we both agree that it is necessary.
· Unless otherwise specified by the special delivery service, delivery can occur anytime during the day and must be accepted anytime between 8 a.m. and 8 p.m.
· If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
· The company will store the Goods and will charge you for all related costs and expenses, including, but not limited to, transportation, storage, and insurance;
· You will be charged for the costs of redelivering the Goods; or c. resell the Goods or otherwise dispose of them within 10 business days and charge you for any shortfall below the price of the Goods.
· In the event that redelivery is not possible as set forth above, you will be notified that the Goods must be picked up from our premises. We can charge you for all associated costs including, but not limited to, storage and insurance.
· Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
· The Goods can be delivered in instalments, which will be invoiced separately and paid for separately. Instalments are treated as separate contracts. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.
Photography 2.5
· A written agreement must be reached with the Renelle Pettitt Ltd before the Photographs may be used.
· Renelle Pettitt Ltd shall own the copyright in all images created/taken and may use the work for samples, contests, exhibition, advertising and self-promotion.
Risk and title 2.6
· You will become responsible for the Goods upon completion of delivery.
· We will retain title to the Goods until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services we have provided to you for which payment is due.
· Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our Bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
· As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.
Termination 2.7
We can terminate the sale of Goods under the Contract where:
you commit a material breach of your obligations under these Terms and Conditions; b. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; c. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or d. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule Bl of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of liability 2.8
· Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
· Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
· If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
· Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
· any indirect, special or consequential loss, damage, costs, or expenses; and/or
· any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
· any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
· any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
Communications 2.9
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).
· Notices will be deemed to have been duly given:
· when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
· when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
· on the fifth business day following mailing, if mailed by national ordinary mail; or
· on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
Circumstances beyond the control of either party 3.0
Neither party shall be liable for any failure or delaying performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No Waiver 3.1
No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severance 3.2
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction 3.3
These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.