No Naked Windows – Terms and Conditions of Business

 

1. Definitions

In these terms and conditions the following definitions apply:

1.1. “Conditions” means these terms and conditions of sale and/or service;

1.2. “Contract” means the contract for the sale by us and purchase by you of our Goods and/or Services;

1.3. “Goods” include curtains, blinds, window dressings, cushions, soft furnishings, curtain poles and any
other Goods supplied by us following your Order as well as any other purchase from us;

1.4. “Order” means an order made by you for the supply of Goods and/or Services by us;

1.5. “Price” means the price of the Goods, plus any delivery charges;

1.6. “Services” means measuring windows, interior design service, adaption of curtains or any other
window treatment, any upholstery work undertaken and/or fitting and delivery of the Goods;

1.7. “me, my, our, I, we, our, us” means No Naked Windows whose principal place of business is
Unit 3 Old Mill Business Park, Station Road, Bruton, Somerset, BA10 0EH;

1.8. “you and your” means the person who buys or agrees to buy Goods from us;

2. Contract

2.1. These are the only Terms and Conditions which will apply when you purchase Goods and/or Services
from us. You may only vary these Terms and Conditions or your Order if you have our agreement in
writing.

2.2. Contracts may be verbal agreements, and are equally binding to written. An agreement to commence
work, or any other use of our Services, whether formal or informal; or any purchases of Goods whether
from our shop situated on site at No Naked Windows or from our online shop; implies acceptance of these
terms and conditions.

3. Measuring

3.1. Unless you use our measuring service, Goods are manufactured in accordance with the
measurements provided by you, and it is therefore your responsibility to ensure that you have provided us
with the correct measurements. We cannot accept responsibility for any inaccurate measurements. Any
alterations that we have to make to Goods due to you providing inaccurate measurements is likely to incur
additional costs, payable by you.

3.2. If you require us to measure for you, final sizes will be taken by us for our workroom following fitting of
any curtain hanging system, i.e. poles or tracks.

4. Fabric

4.1. Fabrics such as silks and linens often have natural characteristics and we cannot accept returns for
such natural occurrences.

4.2. When purchasing fabric from us, it is advised that you use our sampling service to see the actual fabric
before ordering, to ensure that you are happy with the item before ordering. Shades can sometimes vary
slightly between samples and batches, so if the colour match is critical, please ask us to order you a ‘stock
cutting’ of the current batch.

4.3. With both printed and woven fabrics every effort is made to avoid irregularities, although occasionally
they may occur. Fabric is not completely stable, so it cannot be guaranteed that, whether printed or woven,
the pattern will be completely ‘square’ on the cloth.

4.4. We cannot guarantee that there will not be shrinkage in the fabric subsequent to purchase and make
up. Most fabrics tend to shrink when laundered, cleaned or to a lesser extent whilst in use, in certain
atmospheric conditions. Atmospheric conditions may vary between our workroom and your house and in
different weather and seasons. We cannot control these conditions and therefore cannot accept
responsibility for movement or the general appearance in curtains or blinds when hung. Heavier fabrics
may react to changing humidity; and the control of humidity in a room remains the customer’s
responsibility. +/- 5% shrinkage is considered normal for fabrics. We are unable to accept any liability
arising in respect of any loss, damage or deterioration in condition of any goods sold caused by usage,
shrinkage, cleaning processes, atmospheric conditions.

4.5. Fabrics are not guaranteed against colour fading.

4.6. Fabrics to be used for Upholstery need to comply with the Furniture and Furnishing Fire Safety
regulations which came into effect in 1988.

4.7. Unless it is specifically stated on the fabric how to clean it, we recommend that you seek professional
advice before cleaning it. In any event, we cannot accept responsibility for any changes whatsoever that
occur in the fabric due to the cleaning process.

5. Made to measure curtains, blinds and other soft furnishings.

5.1. All measurements supplied by you must be given in writing and any changes to these measurements
must be made in writing and safe receipt of the changes confirmed by us. We will not be liable if any
changes you make to measurements are received too late to make the curtains, blinds or other soft
furnishings to those specifications.

5.2. As these items are made specifically to your requirements they cannot be returned, unless faulty.

5.3. Your Order will take up to 6 weeks from receipt of 50% deposit, unless a specific date has been
agreed and is confirmed in the order confirmation. At peak times your order may be delayed.

5.4. Once your Order is ready we will contact you to arrange a date for the fitting (if ordered), or to arrange
for a convenient date and address for us to deliver.

5.5. A 20% surcharge will be added to any make-up cost if the fabrics are not purchased through us. We
cannot be held responsible for faults found in fabrics that we have not supplied.

5.6. When ordering roman blinds with black-out lining, please note that we a have to use ‘stab stitching’ to
secure the layers of fabric, which can sometimes cause light to filter through where it has been stitched.

5.7. Please note, that in accordance with regulations that have been introduced to prevent accidental death
by way of strangulation to young children, we are required to fit certain safety devices at time of installing
blinds or curtain track, otherwise we may be deemed negligent and in breach of the regulations. In the
event that you should instruct us that you do not wish to have such a safety device fitted, then we will
refuse to install the goods. In such instance, you will be liable to pay us the price under the contract (but
this will not affect your legal rights as a consumer in relation to any goods that are faulty or not as
described). If you or any agent instructed by you changes the blind or curtain track in any way whatsoever
after we fit it, we will not be liable for any resultant injury or death caused.

6. Fitting

6.1. An estimate for fitting of Goods will be provided by us. Fitting charges are quoted on the basis that we
are able to obtain good fixings for the tracks, poles and battens and we are able to obtain unobstructed
access to your window on our first visit for fitting. If at the time of fitting the Goods it is discovered that due
to the condition of your walls or substandard building work good fixings cannot be obtained, or we do not
have free unobstructed access to your window, or for reasons of Health and Safety of the fitter; we will not
fit the Goods ordered until building work necessary to allow us to obtain good fixings has been completed
correctly, or you have cleared the access to your window, or until you have provided a safe environment for
our fitter to work. We will not be responsible for carrying out any building work or for moving any furniture to
clear access to your windows. We reserve the right to make an additional charge if we have to return to
your property on a second occasion to complete the fitting of your Goods after such building work has been
completed or access cleared, or health and safety issues resolved. Whilst every care will be taken, we will
not be responsible for any loss or damage to obstructing items, howsoever caused. The fitter should not be
expected to move any television or other electrical appliances.

6.2. Whilst all reasonable care will be taken, it is your responsibility to ensure that all ornaments and
objects are removed from the immediate working area; we will not be responsible for any damage or
breakages to any such objects, howsoever caused.

6.3. All fixings will be carried out using good quality screws and fixings as standard and free of any
additional charge. Should a fixing require an alternative fixing, such as a toggle, inset, cavity or resin
injection, a further charge will be applicable, which may be levied without notice.

6.4. Please note – Good building practice would not place a water pipe near a window and electrical
cabling should never be buried in proximity to any aperture. Current regulations do not allow water pipes to
be buried behind the wall face, and buried electrical cables must be in vertical runs. We, therefore, cannot
be held responsible for any such object struck not complying with current regulations or within 30cm of any
aperture, and we will not be held responsible for striking any buried plastic water pipe where ever sited. In
this case, “buried” means hidden behind the wall face.

7. Pricing

7.1. Estimates will be provided for all work discussed.

7.2. By accepting an estimate and upon making a 50% initial payment, all goods will be ordered and you
will be placed in the workroom schedule. The balance payment will be due upon completion, collection or
installation of work and stage payments may be requested.

7.3. Estimates and prices for re-upholstery work are based on any repair work obvious at the time of
measuring and discussed. Upon stripping the furniture, if any additional remedial work is required we will
advise you of this prior to proceeding.

7.4. Please see below for Terms and Conditions relating to the pricing of Goods/Services purchased via
our online shop.

8. Payment and Title

8.1. Unless agreed otherwise, payment for any goods purchased at our onsite shop, will be made in full
and in sterling at the time of purchase.

8.2. Unless agreed otherwise, all payments of any other Goods and/or services, must be in sterling and a
50% initial payment must be made at the time of ordering the Goods and/or Services; with the remaining
balance being paid upon collecting the Goods or completion of the work/services, or upon fitting. Credit
terms are not available. We reserve the right to impose payment by instalments, where reasonable, for
larger jobs. Goods remain our property until paid for in full.

8.3. The initial 50% payment will be required before any order shall be processed. An appropriate receipt
will be issued. After making your initial 50% payment, should you decide that you no longer wish to
purchase the Goods or Services, the initial 50% payment is non-refundable.

8.4. If payment is not compliant with our Terms and Conditions, we will always seek to recover
non-payment of any amount via the Small Claims Courts.

8.5. Any payment returned to us as not honoured by the issuer will incur the billed handling charge by the
bank/credit card company, plus an additional £30 handling charge to cover associated costs.
In addition to this clause 6.8 can also be levied against you.

8.6. We reserve the right to claim interest at the rate of 4% per annum above the minimum base lending
rate for the time being of Barclays Bank, calculated on a daily basis on all sums due to us and unpaid from
the date on which payment is due under these Conditions until the date on which payment is made, both
including the period before and after judgment.

8.7. Risk in the Goods shall pass to you when the goods are delivered to, or collected by you or your agent.

8.8. Notwithstanding risk in the Goods passing in accordance with Clause 8.8 of these Conditions, title in
the Goods shall not pass to the you until both (i) payment is received by us for the Goods; and (ii) no other
amounts are then outstanding from you to us in respect of any other Goods and/or Services supplied by us
to you.

8.9. Before title has passed to you and without prejudice to any other rights, we shall have the right to
recover or resell the Goods and our servants or agents may enter your premises for that purpose. If so
required, you will store the Goods separately from your own goods to make them readily identifiable to us.

8.10. Clearance and sale items are non-refundable. This does not affect your statutory rights.

9. Complaints

9.1. Complaints will be dealt with as quickly as possible and resolution of the same will be our prime
objective.

10. Warranties & Liabilities

10.1. Subject to the Terms set out below we warrant that upon delivery or collection the Goods will
correspond with their specification, will approximately correspond with the approximate description given by
us and will be free from defects; provided that we shall be under no liability for defects arising from failure
by any person, other than ourselves or our employees or contractors. Such defects may arise from failure
to follow our instructions (whether oral or in writing), inappropriate storage, improper use, further treatment
of or process to the Goods or any defect caused as a result of reasons which are under your control.
Please note that the above is not an exhaustive list and defects may be cause by other means

10.2. Unless these Terms provide otherwise, any other warranty, condition or other term expressed or
implied by statute, common law or otherwise is excluded save that nothing in these Conditions shall affect
the statutory rights of a consumer which cannot be excluded by law. In particular, we make no warranty as
to the fitness of the Goods for any particular purpose other than the normal purpose for which the Goods
are used even if that purpose is stated in your order unless we specifically confirm in writing that the Goods
are fit for such a purpose. This exclusion includes recommendations or advice from us to you relating to a
specific enquiry. You must satisfy yourself as to the fitness for the purpose for which the Goods are
intended prior to making your initial 50% payment in accordance with clause 8.2.

10.3. Certain Goods may have particular characteristics which affect shade, shape, size or suitability for
certain types of uses or use in certain types of environments – As in keeping with trade practise,
atmospheric conditions and changes in humidity can cause movement in fabric. An allowance of
approximately 5% will be added to allow for possible shrinkage. We cannot accept responsibility for such
movement once soft furnishings are in situ.
Furthermore manufacturers advised pattern repeats can vary by +/- 5% which we cannot be liable for.

10.4. No responsibility shall be accepted for damage, howsoever caused, to any item insufficiently or
inappropriately, wrapped, covered, packaged or protected for carriage, transit, storage, transportation and
or process.

10.5. All fitting is guaranteed for a period of 12 months with the following exceptions: no fixing into lathe &
plaster shall be guaranteed, no fitting of an item customised beyond the manufacturer’s original
specification shall be guaranteed, no fixing shall be guaranteed if the weight of curtain exceeds the fitting’s
rating, and the guarantee shall be immediately void if the fitting is removed and refitted by any person other
than a member of our team, or any alteration is made by any person other than a member of our team after
our initial fitting.

10.6. You shall not be entitled to reject the Goods where the alleged defect or breach of contract is so
slight that it would be unreasonable for you to do so.

10.7. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure
to correspond with the specification shall be notified to us immediately upon discovery of the defect or
failure and in any event any valid claim so made shall not be accepted by us unless made within 7 days
from the date of delivery of the Goods. Any claim for items missing from your Order must be made within 3
days of the delivery date.

10.8. We shall not be liable to you nor be deemed to be in breach of contract by reason of any delay in
performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure
was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or
other form of industrial action, reduction in or unavailability of power at our works or those of our suppliers,
breakdown of manufacturing or other equipment and unavailability of raw materials. We will not be
responsible for compensating you for any consequential loss.

11. Online Shop

11.1. In addition to all other Terms and Conditions stated, the following Terms and Conditions also apply to
purchases made via our online shop:

11.2. We must receive payment of the whole of the price for the goods that you order before your order can
be accepted. Once payment has been received by us we will confirm that your order has been accepted by
sending an email to you at the email address you provide in your order form. Our acceptance of your order
brings into existence a legally binding contract between us.

11.3. The prices payable for the goods that you order are as set out in our website. Please note that you
may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Delivery charges are dependant on the size and weight of the Goods.
Please note that orders can only be sent to one address, if you require that part of your order is sent to a
different address, please order those items separately.

11.4. We reserve the right to cancel the contract between us if we have insufficient stock to deliver the
goods you have ordered, or we do not deliver to your area, or one or more of the goods you ordered was
listed at an incorrect price due to a typographical error or an error in the pricing information.

11.5. If we cancel your contract we will notify you by email and will credit to your account any sum
deducted by us from your credit/debit card as soon as possible but in any event within 30 days of your
order. We will not be obliged to offer any additional compensation for disappointment suffered.

11.6. We will deliver the goods ordered by you to the address you give us for delivery at the time you make
your order.

11.7. Delivery will be made as soon as possible after your order is accepted. Please allow 7 – 10 working
days for receipt of standardised Goods suchs as cushions and lamps, and up to 6 weeks for bespoke items
such as footstools and ottomans. Please advise us when placing your order if you are working to a
deadline. Express delivery can usually be arranged at an additional charge if required. Please note, all
delivery times are approximate, and we will not be held liable for any compensation as a result of any
unexpected delays.

11.8. You will become the owner of the goods you have ordered when they have been delivered to you.
Once goods have been delivered to you they will be held at your own risk and we will not be liable for their
loss damage or destruction.

11.9. We shall have no liability to you for any failure to deliver goods you have ordered or any delay in
doing so or for any damage or defect to goods delivered that is caused by any event or circumstance
beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire, explosion or accident.

11.10. You agree to inspect the goods so far as is practicable before you sign and accept them. This
applies to anyone accepting goods on your behalf. We may not be responsible for damage to goods that
was identifiable at the time the goods were delivered, unless notified to our nominated courier company
that the goods are damaged at the time of signing. We must also be notified of the damage by 12 noon the
day after delivery so we can investigate the claim with our courier.

11.11. If you have asked us to send fabric to a third party, eg. upholsterer, it is your responsibility to ensure
that the correct fabric has been received before making up commences.

11.12. Any queries regarding the measurements, meterage or length of fabric received must be drawn to
our attention within 48 hours of receipt. We can only rectify mistakes on the lengths/meterage of fabrics
prior to the fabric being cut into. Once a fabric has been cut or altered in any way we cannot be responsible
for any shortages in length.

12. General

12.1. All due care and attention is given to ensure that all product information displayed on our website is
correct and up to date, including pricing, technical information and advice. But we cannot be held
responsible for pricing, typographical, or other errors on our website.

12.2. All personal information that you provide, including email and postal addresses, will be held securely
and in the strictest confidence. It will be used to fulfil your order with us and to provide you with the best
possible service.

12.4. When registering on our website, customers agree to provide true and accurate information, and
must not impersonate another or use a false or unauthorised name. Please notify us of any changes in
personal information. Customers must be 18 years of age to have the capacity to enter a contract with us.

12.5. You must not copy any of our designs without first obtaining our permission in writing. This website,
including our Terms and Conditions is subject to copyright.

12.6. Any written notice you want to send us must be sent to us at Unit 3 Old Mill Business Park, Station
Road, Bruton, Somerset, BA10 0EH. Electronic transmissions of any kind such as e-mail or SMS will not
be acceptable, unless otherwise arranged. If we want to send you a written notice we will send it to the
address on your Order form, unless you notify us otherwise.

12.7. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable
in whole or in part the validity of the other provisions of these Conditions shall remain in full force and
effect.

12.8. If we do not enforce a term of these conditions now, we are not prevented from doing so at a later
stage.

12.9. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of these Conditions but this does not affect any right or remedy of a third
party which exists or is available apart from that Act.

12.10. The Contract shall be governed by the laws of England, and the Customer agrees to submit to the
non-exclusive jurisdiction of the English courts.

12.11.The commencement of any work on your property is acceptance of contract and approval of these
Terms and Conditions.

12.12. These terms and conditions, together with our current website prices, delivery details and contact
details, set out the whole of our agreement relating to the supply of the Goods/Services 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, unless confirmed by us in writing. Save for fraud or fraudulent misrepresentation, we shall have no
liability for any such representation being untrue or misleading.

12.13. Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer
under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or
limit our liability to you for any death or personal injury resulting from our negligence.

12.14. The relationship between ourselves, a trade customer and their customer, is that we are a
sub-contractor, and the trade customer is the contractor to the final customer.

12.15. These terms and conditions are subject to revision without notice.

 

If you would like to download our terms and conditions of business, please click the button below.

Contact Us

We have recently moved to larger premises just around the corner with customer parking right outside: 

Unit 3
Old Mill Business Park
Station Road
Bruton
Somerset
BA10 0EH

Tel: 07531 192409

Email: info@nonakedwindows.co.uk