“Products” means all products and other goods produced or supplied by us to you at any time, and includes any materials supplied as part of Services provided by us and goods described by item or kind on any invoice from us.
“Quote” means a document which records a proposal by The Curtain Girl Limited to supply Products and/or Services to you.
“Services” means any services being provided to the customer, either in the conjunction with the supply of Products or otherwise.
“We”, “our”, and “us” means The Curtain Girl Limited.
“You” and “your” means the customer purchasing Products and Services from The Curtain Girl Limited.
Application of Terms
We supply Products and Services to you only on these Terms and any additional terms specified in any quotation for the Products and Services provided by us and accepted by you.
No other terms and conditions, including any contained in your order or other documentation provided by you, will apply unless we expressly agree in writing to those terms and conditions.
By ordering Products and Services from us, you accept these Terms
Our free measure and quote is available to the Hamilton area only. If you would like our free measure and quote service but your property is outside of our service area, we may be able arrange this for a fee which is dependent on the amount of travel and time required.
Any quote given to you by us will be valid for 30 days from the date of issue, unless a different time period is stated in the quote.
All quotes based on house plans will be subject to an on-site measure as the building progresses. Your quote may be subject to change should the actual building or the product specifications differ from the original plans or measurements supplied.
We may withdraw a quote at any time before you accept the quote.
By accepting a quote you are deemed to have made an order for the Products and/or Services specified in the quote.
We may accept or decline to accept any order for Products and Services.
Our acceptance of an order is subject to our ability to supply the ordered Products or Services.
We may cancel an order without any liability to you if the Products or Services become not available, or fulfilling the order becomes impracticable or uneconomic due to any cause beyond our reasonable control.
You may not change an order unless we agree in writing. Once the order has been placed and material is cut, we are unable to change your order without incurring costs. We might be able to agree to a change only if you reimburse us for the full costs incurred in connection with that change.
For orders where the customer has supplied measurements, the customer is responsible for ensuring the measurements were correct and exact. We will rely on your measurements and make the Products exactly to size. We do not accept any responsibility for incorrect product purchases due to incorrect measurements supplied by the customer. If it is possible to adjust the Products to the correct size it will be done at the additional cost to the customer.
Where the customer has supplied materials for The Curtain Girl Limited to complete the Services, the customer accepts responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Curtain Girl Limited is entitled to refuse the Services if in its opinion the materials supplied are not suitable for the intended purpose
The customer must ensure that we have a clear and unobstructed access to the premises to enable us to undertake the installation.
If installation cannot be completed due to inaccessibility, then any additional visits will incur a call-out fee plus labour costs for the time taken to complete installation.
If the customer cancels installation within one business day of a previously agreed time, a re-scheduling fee of $150.00 will be charged for the next installation visit.
The customer must remove all window coverings and furnishings (such as curtains, old blinds, curtain rails, etc) prior to installation.
If any window coverings or furnishings are required to be removed and disposed of by our team prior to installation, then an additional fee of $150.00 (for up to 10 windows) will be charged to the customer. If there are more than 10 windows requiring the removal and disposal of coverings or furnishings prior to installation, then the fee will be quoted accordingly.
The customer must report to us any errors or defects within 7 days of installation. The Curtain Girl Limited will remedy any errors or defects in any workmanship of The Curtain Girl Limited at no additional cost to the customer.
Terms of Payment
To confirm an order a 50% deposit must be paid before the manufacturing can begin.
Deposits paid are non-refundable once the manufacturing has started, as all Products are custom made.
Once the Products have been installed and/or Services supplied, the full and final payment is due within 10 days of the invoice.
If payment is not made in full by the due date, then we may charge you interest on the amount outstanding at the rate of 2.5% per month and compounding monthly.
The customer will be responsible for payment of all costs incurred by us in recovering the amount outstanding, including but not limited to, debt collection agency costs, any court or enforcement costs, and legal costs on a solicitor/client basis.
All Products remain the property of The Curtain Girl Limited until invoice has been paid in full.
The Curtain Girl Limited may commence proceedings for recovery of the amount outstanding by the customer notwithstanding that ownership of the Products has not passed to the customer.
Refunds and Cancellations
Once orders have been placed and we have begun manufacture using our materials, we are unable to provide a refund for change of mind as all Products are custom made to size and colours, so please choose carefully.
In the event that the customer cancels the order, the customer shall be liable for any and all loss incurred (whether direct or indirect) by The Curtain Girl Limited as a direct result of the cancellation, including, but not limited to, any loss of profits.
Accepted Industry Standards
Products supplied may vary in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time.
Whilst fabric and component manufacturers make every effort to match dye lots, paints, weaves, colours or shades, these may vary between batches of product and/or between sale samples and the actual Products supplied.
Fabric and component manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned Product will match perfectly when installed.
These natural variations are not flaws or defects and will not be covered by warranty, provided they are within reasonable tolerances for those products.
The customer agrees to accept the Products subject to the above variations, provided they are within normal industry practice and standards.
The Curtain Girl Limited guarantees all workmanship on manufactured and fully paid Products for a period of 2 years from the date of installation or supply.
The Curtain Girl Limited guarantees to replace or remedy any defect in workmanship that becomes apparent and is reported to The Curtain Girl Limited within 2 years. To activate this guarantee we require our team to come and assess that the Products have been used in the correct way and with due care.
Our guarantee will not cover any defect or damage which may be caused or partially caused by:
failure on the part of the customer to properly clean and maintain any Products; or
improper use of any Products by the customer; or
fair wear and tear, any accident or act of God; or
the workmanship that has been repaired, altered or overhauled without our consent.
When purchasing Products and Services supplied by The Curtain Girl Limited, you receive our commitment to upholding your rights and guarantees in accordance with the Consumer Guarantees Act 1993.
The Curtain Girl Limited will use your personal information solely for the purpose of completing your order. We will not disclose your personal information to any third party. v
These Terms and Conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Hamilton Courts of New Zealand.
Except to the extent permitted by law, The Curtain Girl Limited shall be under no liability whatsoever to the customer for any indirect and/or consequential loss and/or expense, including loss of profit, suffered by the customer arising out of a breach by The Curtain Girl Limited of these Terms and Conditions. Alternatively, The Curtain Girl Limited’s liability shall be limited to damages which under no circumstances shall exceed the purchase price paid by the customer.