Terms & Conditions
By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with or unclear about any aspects of these terms, please contact us before placing an order - either by telephone on +44 (0)20 76351783, by email at email@example.com or by post. (We are in the process of moving, address to be supplied soon)
OUR TERMS FOR CONSUMERS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Bespoke Rug: the bespoke rug(s) that We are selling to you as set out in the Order;
Design Approval Sheet: a document, comprised in your Order, recording the details of the Bespoke Rug which is the subject of your Order, including the design, specification, colour, finish, dimensions and material of the Bespoke Rug.
Installation Services: the services that We will provide to you in respect of installation of the Bespoke Rug, as set out in the Order, which may be loose-lay, fitted wall to wall and/or fitted as stair-runners;
Order: your order for the Bespoke Rugs (and any Installation Services), which specifies the design, specification, colour, finish, dimensions and material of the Bespoke Rug;
Terms: the terms and conditions set out in this document; and
We/Our/Us: Lidice Cavalcanti, trading as Cavalcanti, of 226 Rye Lane, London SE15 4NL.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
1.3 Your attention is drawn in particular to clause 2.4 (payment for designs where order is not made), 2.8 (non-refundable 50% deposit) and clause 13 (limitations on our liability to you).
2. PLACING AN ORDER
2.1 These are the terms and conditions on which We supply Bespoke Rugs, or Installation Services, or both Bespoke Rugs and Installation Services, to you. If you are unhappy with or unclear about any aspects of these terms, please contact us before placing an Order - either by telephone on +44 (0)20 76351783, by email at firstname.lastname@example.org or by post using the address found on our website.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before you sign and submit the Order including the signed Design Approval Sheet.
2.3 We will provide at least two options for the design of each Bespoke Rug (digital output from originals). We will provide quality samples for each proposed finish/quality and colour poms for each colour proposed. Upon notification from you of which of the design options you have chosen, we will discuss and adjust any details, including colours, materials and finishes proposed for the Bespoke Rug.
2.4 If our proposed designs do not meet your requirements, we will go back to the drawing board and start again. If after our having proposed 4 design options you decide not to proceed with any of them, we will charge a £300 designer’s fee as a contribution to our time and expenses.
2.5 Once you have chosen a design, we will issue you with a quotation for the price of the Bespoke Rug (and, if required, Installation Services), which will be valid for 30 days only. If you wish to proceed, you will sign and submit an Order to us.
2.6 Once we receive your Order we will send you an acknowledgement of receipt of your Order. When you sign and submit the Order to Us, and we acknowledge receipt of it, this does not mean We have accepted your order for Bespoke Rugs and/or Installation Services. Our acceptance of the Order will take place as described in clause 2.7. If We are unable to supply you with the Bespoke Rugs and/or Installation Services, We will inform you of this in writing and We will not accept the Order.
2.7 A binding contract on you and Us for supply of the Bespoke Rug (and any agreed Installation Services) will be created when We issue you with a written acceptance of an Order.
2.8 On acceptance of an Order we will require the payment of a deposit of 50% of the price of the Bespoke Rug (and any Installation Services agreed). Because we will generally start spending time and resource on the production of the Bespoke Rug on our acceptance of an Order, the deposit is non-refundable in the event that our contract for supply of the Bespoke Rug is terminated by us for breach by you.
2.9 We shall assign an order number to the Order and inform you of it when We accept the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.10 It is your responsibility to ensure that colours, sizing, finish and other details in the Order are correct and suitable for their intended purpose before signing the Design Approval Sheet and placing the Order. We will not be responsible if any measurements or colours you provide to us subsequently turn out to be incorrect or unsuitable for your purposes. In specifying the measurements you should take care to allow for the environment into which the Bespoke Rug is to be installed (for example, the existence of any wells in the space in which the Bespoke Rug is to be installed). However, this will not affect your legal rights as a consumer in relation to Bespoke Rugs that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
3. CHANGES TO TERMS; CHANGES TO ORDERS
3.1 We may revise these Terms from time to time. We will only revise the Terms applicable to existing Orders to the extent that they are necessary to reflect the changes in relevant laws and regulatory requirements. All other revisions will apply to new Orders only.
3.2 If We have to revise these Terms under clause 3.1 as they apply to an existing Order, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 15.3(b).
3.3 You may make a change to the Order for Bespoke Rugs and/or Installation Services within 8 calendar days of placing an Order by contacting Us. Where this means a change in the total price of the Bespoke Rugs and/or Installation Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 15 in these circumstances.
4. PRODUCT DESCRIPTION
4.1 Our Bespoke Rugs are handmade from natural materials. Because of this, although we make every effort to be as accurate as possible, all measurements (including dimensions, weights and capacities) have a tolerance of +/- 2% or 20mm from that specified in the Order, whichever is greater.
4.2 We take care to ensure the samples, poms, description and specifications we use for our products are correct. But because the Bespoke Rugs are handmade from natural materials, there may be minor discrepancies in colour between those items and the finished Bespoke Rug.
4.3 Every care has been taken to ensure that the colour reproduction in descriptions of products on our website and printed or promotional material is a reasonable representation of the Bespoke Rug when going to press. However, you acknowledge that slight variations between the Bespoke Rug as represented in those descriptions and the in Bespoke Rug supplied can occur due to differences in colour reproduction and display technologies and techniques. We cannot accept any responsibility for any variation in colour caused by the type of printer or browser software or computer screen or operating system used.
5.1 We will contact you to arrange an estimated delivery date. Please note that delivery dates may be between 60 and 120 days after the date of the Order acceptance referred to in clause 2.7, depending on the nature of the Bespoke Rug. The delivery date for the Bespoke Rug shall be no more than 120 days from acceptance of your Order. We will arrange with you a delivery time between 8am and 6pm. If you request delivery outside those times, this will subject to an additional charge.
5.2 Very occasionally, Our delivery to you may be affected by an Event Outside Our Control. See clause 14 for Our responsibilities when this happens.
5.3 It is your responsibility to check that the Bespoke Rug has been delivered in good order, and in the correct quantities, against the delivery note supplied. If the Order is not been met in full or the Bespoke Rug is damaged in any way, you must promptly be reported in writing to us. If you fail to do so, and the delay impedes our ability to verify the state of the Bespoke Rug on delivery, we may be unable to provide you with any refund.
5.4 If you make an Order for delivery overseas, your Order may be subject to import or export restrictions, licences, duties or taxes. We have no control over these requirements, and you will be responsible for meeting them. Please ask your local customs office for more information before placing an Order if you are unsure. You must comply with all applicable laws and regulations of the country of delivery.
5.5 We shall not be liable for any delay in delivery resulting from use of a third party carrier nominated by you.
5.6 If for any reason you are not ready to receive the Bespoke Rug, and if we are able to store it, we will take all reasonable steps to prevent its deterioration until you are ready for delivery, but cannot guarantee that it will be free from deterioration. You shall be responsible for agreed costs in relation to storage of the Bespoke Rug (including insurance).
5.7 Delivery of a Bespoke Rug shall be completed when We deliver the Bespoke Rug to the address you gave Us or you or a carrier organised by you collect it from Us and the Bespoke Rug will be your responsibility from that time.
5.8 We reserve the right not to deliver the Bespoke Rug until payment has been received in full. You will own the Bespoke Rug once We have received payment for the Order and, any charges agreed subsequent to the Order for delivery or otherwise, in full. Until that time, we will own the Bespoke Rug.
6. IF THE BESPOKE RUG IS FAULTY
As a consumer, you have legal rights in relation to Bespoke Rugs that are faulty or not as described. We are under a legal duty to supply Bespoke Rugs that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. OWNERSHIP OF DESIGNS
7.1 You acknowledge that the Bespoke Rug is our design. We will own the copyright, design right and all other intellectual property rights in the Bespoke Rug and any drafts, drawings or illustrations We make in connection with the Bespoke Rug for you. The Bespoke Rug is exclusive to you in that it has been specifically to your specification; but we may use the design of the Bespoke Rug in making other rugs.
8. OUR GUARANTEE
8.1 We guarantee that on delivery and for a period of 24 months from delivery, the Bespoke Rugs shall be free from material defects in materials and workmanship. However, this guarantee does not apply in the circumstances described in clause 8.2 - 8.4.
8.2 This guarantee does not apply to any defect in the Bespoke Rugs arising from:
(a) fair wear and tear;
(b) wilful damage;
(c) abnormal use, storage or conditions;
(d) accident, negligence by you or by any third party;
(e) your failure to maintain or care for the Bespoke Rugs in accordance with the maintenance and care instructions we will provide you with;
(f) any alteration or repair by you or by a third party who is not one of Our authorised repairers; and
(g) any specification provided by you.
8.3 The guarantee may only be relied upon by you (or anyone to whom you provide the Rug as part of your ordinary interior design, architecture or interior project management business).
8.4 The guarantee does not apply to defects which are not notified to us within 60 days of their having arisen.
8.5 We reserve the right to inspect the Bespoke Rug in order to determine whether the guarantee applies, and whether the person claiming under it is entitled to do so under clause 8.3 above.
8.6 If a defect covered by the guarantee is detected, we will repair or replace the Bespoke Rug (at our option).
8.7 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Terms and any Order placed under them.
8.8 This guarantee is in addition to, and does not affect, your legal rights in relation to the Bespoke Rugs that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. PROVIDING INSTALLATION SERVICES
9.1 This clause 9 is applicable to all our Installation Services.
9.2 Installations are costed to take place in one scheduled visit allowing for uninterrupted work over a continuous phase. We reserve the right to make an additional reasonable charge where two or more visits are necessary. Normal working hours are Monday to Friday 9am-6pm (excluding public holidays and Bank Holidays).
9.3 The following items will be charged for as extras at reasonable cost, unless specified within the Order:
(a) Underlay and other materials;
(b) Uplift and disposal of existing floor covering;
(c) Moving of furniture.
9.4 At the time of the installation, the site MUST be clear of all other tradesmen and through traffic to allow continuity of work. If this is not adhered to, we have the right to permit Our fitters to refuse to carry out the Installation Services, which will incur a late postponement fee of £100.
9.5 In the event of a postponement at your request of the Installation Services, received by us within 7 days of the agreed date for commencement of the Installation Services, you agree that we may charge you a charge of £200.00 ex VAT per day over and above the agreed charges for Installation Services. This will be reduced if the fitter is able to find alternative work for the days originally scheduled for the Installation Services.
9.6 We can supply floor protection should other trades need to return to continue working after the Installation Services are complete. This requirement must be brought to our attention when booking Installation Services and costs will be quoted in the Order accordingly. Once floor protection is laid down we hold no further responsibility for accidental damage to, or dirt or other marks on, the Bespoke Rug.
9.7 Whilst every care is taken in carrying out the Installation Services, small marks may occur on paintwork. In some instances cracking of paint and plasterwork can occur due to the vibrations caused by the fitter. We cannot accept any responsibility for this, as it can be unavoidable even when reasonable care is taken, and you should be prepared to have a decorator return to touch up surfaces if accidental damage occurs as a result of the Installation Services.
9.8 All wires must be re-routed away from the area prior to commencement of the Installation Services. We cannot be held responsible for accidental damage to wiring during the Installation Services.
9.9 The fitting of the Bespoke Rug by means of the Installation Services is guaranteed for a period of one year.
9.10 Any additional costs referred to as being payable in this clause 9 will be payable upon completion of the Installation Services.
9.11 We will make every effort to complete the Installation Services on the date agreed with you. However, there may be delays due to an Event Outside Our Control. See clause 14 for Our responsibilities when an Event Outside Our Control happens.
10. SPECIFIC TERMS APPLICABLE TO INSTALLATION OF STAIR-RUNNERS
10.1 You must ensure that sub- floors are clean, dry and level before the agreed date for commencement of the Installation Services. Loose and uneven floor boards with gaps, dishing or curving treads, broken nosing’s and steps with movement all constitute an unsuitable sub-floor and must be repaired in advance of commencement of the Installation Services.
10.2 The stair nosings must be smooth and rounded, and flat areas must be stable and level. It is your responsibility to make good sub-floors in advance of the Installation Services, unless stated otherwise in writing. If on the agreed date of commencement of the Installation Services, the fitters reasonably deem the condition of the sub-floor unsuitable, we reserve the right to charge a late postponement fee of £100.
10.3 You must ensure that the beading on the last riser of any flight of stairs, if present, is removed prior to the fitting taking place. This will avoid the fitter having to remove it and causing unnecessary damage to the paintwork.
10.4 You must ensure a clearance of approximately 12mm (excluding sub-floor preparation) under doors to facilitate installation of Bespoke Rugs of a Flatweave type. Where doors require trimming please ensure that the appropriate person is in attendance, otherwise the doors will be removed from their fixings and left to one side.
10.5 Seam positions will be at our discretion unless a seam lay- out is requested or provided.
11. IF THERE IS A PROBLEM WITH THE INSTALLATION SERVICES
11.1 In the unlikely event that there is any defect with the Installation Services detected within 12 months of their completion:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any defect; and
(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.
You will not have to pay for Us to repair or fix a defect with the Installation Services under this clause 11.1.
11.2 As a consumer, you have legal rights in relation to Installation Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
12. PRICE AND PAYMENT
12.1 The price of the Bespoke Rugs and any agreed Installation Services will be set out in the Order. An invoice for payment in full for the Bespoke Rug (and any Installation Services agreed) and any agreed delivery charges, minus the 50% deposit already held by Us, shall be sent by Us on notification by Us that the Bespoke Rug is available for collection or delivery. Payment of invoices is due within 14 days of the date we send you the invoice.
12.2 Delivery charges may be specified in the Order, or agreed between us subsequent to the Order being accepted.
12.3 In the event of non-payment or late payment, any discounts offered for payment by a stipulated date are forfeited.
12.4 These prices exclude VAT. If the rate of VAT changes between the date of the Order and the date of payment, We will adjust the rate of VAT that you pay.
12.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 2.5% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
12.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 12.5 will not apply for the period of the dispute.
13. OUR LIABILITY TO YOU
13.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
13.2 If We are providing Installation Services in your property, We will (subject to clause 9 and 10) make good any damage to your property caused by Us in the course of installation or performance.
13.3 We only supply the Bespoke Rugs and/or Installation Services for domestic and private use. You agree not to use the Bespoke Rugs and/or Installation Services for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 Subject to clause 16.2:
(a) our total liability to you (however the liability arises) shall not exceed a sum equivalent to twice the amount paid you have paid us under the Order for the Bespoke Rug which gave rise to our liability;
(b) to the extent lawfully allowed, we exclude liability under any term which might be implied into these terms and conditions (for example, by a particular law).
13.5 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Bespoke Rugs Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by means any act or event beyond Our reasonable control. That includes strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of transport means, or failure of public or private telecommunications networks.
14.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
14.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Bespoke Rugs to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Installation Services to you, We will restart the Installation Services as soon as reasonably possible after the Event Outside Our Control is over.
14.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Bespoke Rugs and/or Installation Services. Please see your cancellation rights under clause 15. We will only cancel the contract if the Event Outside Our Control continues for longer than 30 days in accordance with Our cancellation rights in clause 16.1.
15. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 Because the Bespoke Rugs are made to your specific requirements, we are not obliged to offer you the right to cancel your Order for a Bespoke Rug once we have accepted it, except as specified in clause 15.3 (but this will not affect your legal rights as a consumer in relation to Bespoke Rugs that are faulty or not as described). However, we will at our discretion accept cancellations of Orders within 8 days of our acceptance of the Order. If you wish to cancel your Order during that period, notify us by email to email@example.com. If we accept your cancellation, We will confirm your cancellation in writing to you and We will refund your deposit to you.
15.2 You may cancel any Installation Services or delivery element of your Order within 14 days of the date of acceptance of your Order, by writing to firstname.lastname@example.org. Any advance payment you have made for Installation Services or delivery that have not been provided (including as part of a deposit) will be refunded to you.
15.3 You may cancel your Order with immediate effect by giving Us written notice if:
(a) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(b) We change these Terms as applicable to your Order under clause 3.1 to your material disadvantage;
(c) As a result of a change to the price in consequence of you proposing a change to the Order under clause 3.3, you do not wish to proceed with the Order.
(d) We are affected by an Event Outside Our Control for a period of 30 days or longer.
16. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
16.1 We may have to cancel an Order before the start date for the Installation Services or before the Bespoke Rugs are delivered, due to an Event Outside Our Control or (in the case of Installation Services) key personnel or key materials without which We cannot provide the Installation Services. If this happens:
(a) We will promptly contact you to let you know;
(b) for Installation Services that have not been provided to you, or Bespoke Rugs that have not been delivered to you, We will refund to you any deposit you have paid.
16.2 Once We have begun to provide the Installation Services to you, We may cancel the contract for the Installation Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Installation Services that have not been provided to you, We will refund these amounts to you.
16.3 We may cancel the contract for Installation Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 12.1. This does not affect Our right to charge you interest under clause12.5; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
17.1 We are a sole trader established in England and Wales. Our address is 226 Rye Lane, London SE15 4NL. Our registered VAT number is 718659985.
17.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), you can send this to Us by e-mail to email@example.com or by post to 226 Rye Lane, London SE15 4NL.
18. DATA PROTECTION
19. OTHER IMPORTANT TERMS
19.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
19.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
19.6 We operate and control our business from our studio and offices in the United Kingdom. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
For specific Terms for Business Customers please see here.