CONDITIONS OF USE
In this Terms and Conditions:
'We, our, us, The Kurtinz Group' refers to
The Kurtinz Group, Daws House, 33-35 Daws Lane, LONDON, NW7 4SD.
'You and your' means the person who buys or agrees to buy goods and services from us.
'The goods' means the items purchased or intended to be purchased by you.
'Our websites' and 'The Kurtinz Group' refers to all websites within the kurtinz group, these are: kurtinz-group.com, kurtinz.com, silk-kurtinz.com, ready-made-kurtinz.com, express-kurtinz.com and express-blindz.com
You agree that you may not use our websites for illegal purposes, and will abide by all applicable laws and regulations. You must not attempt to interfere with the proper working of our websites and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, websites, router or any other internet connected device and you must not attempt to gain unauthorised access to secured areas or restricted information.
You agree to be fully responsible for any claims, expenses, liabilities, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this terms and conditions.
We reserve the right to alter, suspend or discontinue any aspect of our websites or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new contents, and/or the sale of new products shall be subject to these terms and conditions.
We may alter these terms and conditions from time to time and post the new version on our websites, following which all use of our websites will be governed by that new version. You must check the terms and conditions on our websites regularly.
The contents of our websites are protected by international copyright laws and other intellectual property rights. The owner of these rights is The Kurtinz Group or other third party licensors. All product and company names and logos mentioned in our websites are the trade marks, service marks or trading names of their respective owners, including us. You may download material form our websites for the sole purpose of placing an order with The Kurtinz Group or using our websites as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our websites including but not limited to text, graphics, video, messages, codes and/or software without our prior written consent, except where expressly invited to do so.
LIMITATION OF LIABILITY
We will try to make our websites available but cannot guarantee that our websites will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. The information is provided on the understanding that our websites is not designed to render advice and should not be wholly relied upon when making any related decisions.
We promise that all products you purchase from our websites will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our websites or any information or service provided through our websites. We will do our best to ensure that all materials and information published on our websites are accurate, but please note that all materials and information on our websites are provided on an 'as is' basis.
In relation to the purchase of products, we accept no liability for any indirect or consequential losses or damages, or for any loss of data, profits, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our websites or its contents other than as a direct result of purchasing products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of The Kurtinz Group or our employees, agents or any other persons.
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
The limitations and exclusion in this clause only apply to the extent permitted by applicable law.
Our websites may contain hyperlinks to web sites operated by other parties. The Kurtinz Group makes no representations whatsoever about any other websites which you may access through our websites or which may link to our websites. When you access any other websites, you understand that it is independent from The Kurtinz Group and that we have no control over the content or availability of that websites. In addition, a link to any other websites does not mean that The Kurtinz Group endorses or accepts any responsibility for the content, or the use of, such a websites and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any contents, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its websites administrator or web master.
GOVERNING LAW AND JURISDICTION
These terms and conditions and your use of our websites are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
All our fabrics are displayed as digital images using up to date photographic technology and lighting techniques. However, there may be differences between the digital image and the actual fabric. We therefore recommend that you order a sample fabric. Nevertheless, there may still be slight differences between the sample and the actual goods you receive from us. We will not be liable for any slight variation of the fabric between the image(s) on our websites and the finished product(s) or between the sample(s) and the finished product(s). In cases where the fabric width is less than the required finished width of all bespoke soft furnishings we will join the fabric widths and always pattern match.
The maximum number of free samples that you may order is six; we therefore reserve the right to reject orders of samples in excess of that number.
We are so confident about the value of our made to measure products that we offer a Price Promise. Should you find an identical 'made to measure' product ('the Equivalent Product') available at a lower price on-line from a supplier within the UK and within 7 days of your purchase from us then, subject to the terms set out below, we will refund the difference between the amount you paid us inclusive of delivery costs and the lower price of the Equivalent Product including delivery costs. This offer is made on the following terms:
To order a product you will need to follow the ordering procedures set out on our websites.
Details of our prices for the products and the procedures for payment and delivery are displayed on our websites. The price of any product is the price in force at the date and time of your order. We may change the price of any product before you place an order. We try to ensure that our prices displayed on our websites are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a product's correct price is higher than that stated in your order and we will give you an opportunity to cancel the order should you wish to do so.
If your order is accepted, we will confirm acceptance to you by email to the email address you have given us on ordering within 6 (six) hours after you have placed your order. Please contact us if you have not received an email from us within 6 (six) hours. Once you have received the order confirmation email, please check the order specifications carefully and inform us of any differences within 6 (six) hours from the time of our confirmation email. If we have not received your email within 6 (six) hours from the time of our confirmation email regarding the differences, and nor have we received an undelivered notification of our confirmation email, we are entitled to proceed with the production of your ordered goods according to your order specifications. We may refuse any order placed by you.
You undertake that all details you provide to us for the purpose of purchasing goods which may be offered by us on our websites be correct, that the credit or debit card, or any electronic cash, which you use is your own or you have lawful authority to use it and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit or debit card details and verification of the authenticity and ownership of the cards before providing you with any goods.
The Kurtinz Group accepts no responsibility for any failure to perform any obligations to the order due to causes beyond our reasonable control.
EXPRESS-BLINDZ.COM THREE YEAR GUARANTEE
Our blinds are designed, manufactured and tested to very high standards and we do not anticipate any problems with our blinds, however we do acknowledge that peace of mind is important for our customers should a defect occur. With this is mind we offer an extended guarantee which covers any defects in manufacture or materials for a period of three years from date of purchase from express-blindz.com. This guarantee does not extend to product defects caused by neglect, misuse, accidental damage or fair wear and tear. Customers are responsible for the safe packaging and return of goods prior to work being undertaken under the extended guarantee. This extended guarantee does not affect your statutory rights.
Our bespoke soft furnishings are personalised goods made to your specification. It is most important that the measurements you provide us are accurate. We will not be liable for any damage or loss arising from incorrect measurements provided by you so long as our product(s) comply with the measurements you have given to us. Whilst we will make every effort to supply the product(s) exactly to the measurements provided by you, please note that due to shrinkage, pattern matching and certain production techniques we will not be liable for any difference of up to 1 (one) percent or 2 (two) centimetres (whichever the greater) between your stated measurements and the finished product(s). All our roman blinds are made with the cascading method, unless otherwise requested. All images of curtains and roman blinds are for illustration purposes only, and are no way intended to illustrate the precise finished products of our bespoke goods.
DELIVERY TIMESCALES AND CHARGES
Expected delivery timescales will vary according to demand, the type of goods ordered and the Country that the goods are to be dispatched to. Current expected delivery timescales, delivery charges and the Countries which we will deliver to are updated as necessary and displayed on the delivery section of our websites. Delivery timescales as promulgated on our website are subject to fabric and other product availability.
DELIVERY OF BESPOKE FURNITURE SUCH AS SOFAS AND CHAIRS
Delivered to your door, normally within 4 weeks, we will call or email you, usually a week or so beforehand, to arrange a convenient date and time for delivery. Please bear in mind that it is your responsibility to check that the furniture you have ordered fits through your home or work entrance and any stairways or hallways. Unfortunately our carriers may not be able to assist you should the initial access point be above ground level. Our carriers are only contracted to deliver to your door. If you require delivery into your residence it is at your own risk. Please note that many models include bolted-on arms for easier access. A charge of £30 per item is payable should it be necessary to disassemble/reassemble these to gain access. If you are uncertain whether access will be a problem, please let us know details of access points etc. We would appreciate any assistance in terms of local information which may affect ease of delivery. Such information might include awkward access, low bridges etc. We also recommend preparing the access point by removing any potential obstructions and small items such as ornaments, mirrors and pictures. The carrier will remove all packaging to allow you to inspect the furniture for any damage or deficiencies and you will be required to sign a receipt as proof of delivery and acceptance of goods received. Although improbable, should there be any damage to the furniture, we will take back the goods immediately and repair or replace them free of charge.
CANCELLATIONS AND AMENDMENTS
In the cases where goods are made to your specification, you may cancel or request an amendment to your order any time up to six hours after the time that you placed your order. The date and time when your email is sent will be deemed to be the date and time of your cancellation. You may not cancel your order placed for goods made to your specification after 6 (six) hours has elapsed from the time of making the order. We reserve the right to cancel any order you place with us for goods, whereupon we would refund to you any monies paid for the goods without giving a reason for the cancellation and refund. Fabric purchased to your specific requirements is considered to be a bespoke product and therefore made to your specification.
In all other cases you may cancel your order in writing up to 7 (seven) working days calculated from the day after the day on which you receive the goods.
You must notify your cancellation to us in writing by email, we will not accept cancellations and/or amendments via telephone or any other verbal method.
RETURNS AND REFUNDS
Made to measure (bespoke) goods except furniture such as sofas and chairs
In the cases where goods are made to your specification if the goods are in any way defective or not produced in accordance with your order specification then you may return the goods to us at our expense. You must notify us in writing within seven days calculated from the day on which you receive the goods and request that the goods be collected from the place where they were originally delivered. The date and time when your notice is sent will be deemed to be the date and time of your notice. Upon receipt of the goods we will inspect them and if they are faulty we will either repair or entirely remake the goods, whichever we consider to be most appropriate.
Bespoke furniture such as sofas and chairs
When bespoke furniture such as sofas and chairs will be delivered to you, the carrier will remove all packaging to allow you to inspect the furniture for any damage or deficiencies and you will be required to sign a receipt as proof of delivery and acceptance of goods received. Although improbable, should there be any damage to the furniture, we will take back the goods immediately and repair or replace them free of charge.
All other goods (not bespoke)
In the event that you wish to return goods to us you must notify us in writing within seven days calculated from the day on which you receive the goods and advise us that you wish to return the goods to us. The date and time when your notice is sent will be deemed to be the date and time of your notice.
Should you wish to return the goods which are not in any way faulty, then they must be in their original packaging, unopened and in the condition that they were at the time of delivery. You will be fully responsible for arranging the return of the goods and all associated charges. Subject to our inspection of the goods we will refund the full invoice value less the amount that you paid for delivery. Where goods have been returned because they are faulty then subject to our inspection of the goods we will refund the full invoice value including any delivery costs paid by you. If on inspection of the goods we consider they are not faulty then the goods will remain your property and we will return the goods to you. We will not return the goods to you until we have received from you a payment equal to the original price that you paid us for delivery of the goods.
You will not be entitled to a refund unless you give us the required notice in accordance with the above returns and refunds policy. We will not accept any responsibility for goods that you return to us which are subsequently lost or damaged in transit. No refund will be made for goods that have been damaged in any way following delivery or for goods that are not appropriate for your purposes by reason of incorrect measurements, or in the case of fabric where it has already been cut by you or your agent. In cases where you have purchased fabric from us, we will not accept any responsibility in circumstances where the fabric pattern repeat is found to be outside the manufacturer's or supplier's stated tolerances or +/- 5% whichever is the greater.
If a refund is due to you in accordance with the above returns and refunds policy then it will normally be issued within 30 days after we have received the returning goods from you.
In all cases of retuning goods you must first request a returns number and returns address from us within seven days of receiving the goods. You must
then include the returns number in the returning paperwork
GOODS NOT DELIVERED
If your goods do not arrive, you must notify us in writing within 7 (seven) days calculated from the day we inform you of the goods despatch date. The date and time when your notice is sent will be deemed to be the date and time of your notice.
We will not accept any liability for undelivered goods if you do not notify us within the aforementioned 7 (seven) days.
If our courier is unable to deliver your goods and subsequently returns the goods to us then you will become liable for all additional delivery costs associated with resending the goods to you.
GOODS SHIPPED OUTSIDE THE UK AND EU
Goods shipped outside the UK may be subject to customs inspection and the assessment of import duties and taxes in accordance with the law of each particular country. You will be responsible for any import duties or taxes as appropriate. The aforementioned returns and refunds policy is not applicable for goods delivered outside the EU.
Please note that we do not supply Harlequin products outside the EU.
For the purpose of cancellation and return, except in the cases of cancellation for goods ordered that are made to your specification, a notice should be delivered to us by
sending it by post to:
The Kurtinz Group
Sending it by email to sales@kurtinz-group
For the purpose of cancellation and return and in the cases of cancellation for goods ordered that are made to your specification, a notice should be delivered to us by
Sending it by email to sales@kurtinz-group
The effective date of notice is the date on which the notice is sent.
Any complaints should be addressed to:
The Kurtinz Group
If any provision(s) or term(s) of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term(s) or provision(s) shall be divisible from the other terms and conditions and shall deemed to be deleted from them. The validity of the other provisions of this terms and conditions shall not be affected.
Nothing stated within this document or within our websites affects your statutory rights under the Consumer Protection (Distance Selling) Regulations 2000 (SI2000 No. 2334) (http://www.opsi.gov.uk/si/si2000/20002334.htm) and the Consumer Protection (Distance Selling) (Amendments) Regulations 2005 (SI2005 No. 689) (http://www.opsi.gov.uk/si/si2005/20050689.htm) implementing the EU Distance Selling Directive (2000/2334), save for the right to cancel to which we claim exemption for our products that are personalised goods made to your specification.More information can be found here (http://www.opsi.gov.uk/), here (http://www.oft.gov.uk/) and here (http://www.tradingstandards.gov.uk/)