1. In these terms and conditions:
"Conditions" means these terms and conditions of sale; "Estimate" means the estimate for the sale by us and purchase by you of our Goods and/or Services; "Goods" means curtains, blinds, window dressings, soft furnishings, curtain poles and any other Goods supplied by us following your Order; "Order" means an order made by you for the supply of Goods and/or Services by us; "Price" means the price of the Goods, plus any delivery charges; "Services" means measuring windows, design advice service, upholstery and/or fitting of the Goods; "our, us, we" means The Track House Limited whose principal place of business is Unit 24-26 Blackwell Business Park, Blackwell, Nr. Shipston-on-Stour, CV36 4PE. "you and your" means the person who buys or agrees to buy Goods from us.

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

2.2 Our employees or anyone acting on our behalf are not authorised to make any representations concerning our Goods or Services unless confirmed by us in writing.

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3. Orders
3.1 When you place an Order with us it be produced in conjunction with the estimate sent to you and your acceptance of the estimate and the details contained within. You must bring any discrepancies in the estimate to our attention prior to placing your order, if you fail to do so we shall be entitled to assume that the details in the estimate are correct. We reserve the right to charge for any subsequent changes necessary as a result of your failure to properly check the estimate provided. 
3.2 From time to time we may have to change the specification of Goods ordered without notice to you, but we will only do so if the change in specification is required so that you can receive the most up to date specification, because we have to comply with any applicable EC requirements, or if in our opinion the substitution is an improvement to achieve a better fit, finish or other benefit. We will ensure that any changes do not materially affect the performance quality or appearance of the Goods.

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4. Samples and Fabrics
4.1 Every care has been taken to describe and portray fabrics and items accurately using current photographic and print technology, but slight variations in actual Goods may occur. We strongly recommend that you request a sample prior to ordering to check colour and texture. 
4.2 Samples are intended as a representation of the fabric but not as an exact match as there may be variations of colour between batches of fabric. If you are sensitive to shade, we recommend you request a stock cutting that is a sample from the current batch of stock. We will reserve for you the quantity you require for your Order for 7 days from the date we dispatch the stock cutting to you.
4.3 Samples may be labelled either side of the fabric. If you are unsure about which is the correct side and it is important to you, please call us for clarification.
4.4 We aim to supply you with the fabrics required to produce your goods, this enables us to deal with the manufacturer of the fabric if there is a problem. If you require us to work with a fabric we did not supply, we may apply a handling charge. We will not work with any other linings, interlinings or such materials not supplied by us. We cannot be held responsible in any way for any defects, faults of other flaws in materials we have not supplied.
4.5 We use a limited number of lining colours, when we produce your goods we will use our experience to select the best lining colour for your chosen fabric. If you have a particular requirement for lining colour, you must let us know at the time of placing your order.

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5. Measuring and Fitting
5.1 Unless you use our measuring service, Goods are manufactured in accordance with the measurements provided by you. If you use our measuring service, we will confirm the approximate dimensions to which we will produce your goods, in some designs we may have to use our experience adjust the dimensions and / or the design of your goods for reasons including but not limited to; the folding of multiple layers of material, the weight of material, pattern slippage, the dimensions of a component required to make the goods (such as buckram) and to accommodate other fixtures.
5.2 All items will be quoted for individually including, where requested, the Goods ordered. 
5.3 A fitting service is available and can be included in your estimate. An estimate for fitting of Goods is available upon request. Fitting charges are quoted on the basis that we are able to obtain good fixings for the tracks, poles, battens and other fixtures and we are able to obtain unobstructed access to your window or other place of fixing on our first visit for fitting. If there are pipes, electrical cables or other devices concealed in the area in which we are required to work, you must tell us in advance as to avoid damage to the cables, pipes or devices and avoid harm or injury to our staff or subcontractors. If at the time of fitting the Goods it is discovered that due to the condition or construction of your walls good fixings cannot be obtained, or we do not have free unobstructed access to your window or other place of fixing, 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. We will not be responsible for carrying out any building work or for moving any items to clear access to your window or other place of fixing. 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, access cleared or any other reason.

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6. Delivery
6.1 Your Order will take approximately four weeks from receipt of fabric at our workshop unless a specific date has been agreed and is confirmed in the order confirmation. At peak times your order may be delayed.
6.2 Once your Order is ready we will call you to arrange for a date for the fitting (if ordered), or to arrange for a convenient date and address for us to deliver.

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7. Pricing - Estimating
We will provide you an estimate either in writing or verbally describing the goods we can supply and the price we will charge for them, anything else you require will be done with our agreement and will be deemed as extra and subject to an additional charge. If you have asked us to provide services such as upholstery or alterations and the need for extra work arises for which we have not budgeted in our quotation to address; inadequate preparation by other persons conducting previous work, woodworm or other damage we will contact you and advise of the additional costs of the work required. Delivery, fitting and other charges must be paid in addition to the Price. Estmates hold firm for a period of 60 days.

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8. Payment Terms
8.1 Unless agreed otherwise, all payments must be in sterling and can be made using any of the following methods: Cash, Credit or debit card, Cheque drawn on any bank in the UK, or by BACS transfer directly to our bank account. Please allow 7 working days for cheques to clear. 
8.2 A deposit (normally 50% of the total invoice price) must be paid at the time your Order is placed with us. We will not be able to process your Order until we have received cleared payment. 
8.3 In the case of Goods not made to your specification payment must be made in full and in cleared funds before we arrange delivery. If the Goods are not in stock we will only require payment to be made in full and cleared funds when we notify you that the Goods have come into stock and are ready to be dispatched to you. If the goods are no longer available, we will optionally supply you with an equivalent product or cancel the order.
8.4 If there is an outstanding balance upon completion of your order, you must pay us as soon as possible. Outstanding balances will be subject to an outstanding balance charge which will accrue at a rate of 10% per calendar month or part thereof from the day of completion of your order until the day you settle your outstanding balance. We will include outstanding balance charge in any payment reminders we send you and you shall be liable for any further outstanding balance charges which accrue after the issuance of any payment reminders we might send. 
8.5 If an outstanding balance remains unpaid, we may retain your deposit and sell any goods we are holding in relation to your order, the proceeds of which we will use to meet any reasonable costs we have incurred in relation to administration of your account, producing your Goods and any other charges including but not limited to labour delivery and fitting. 
8.7 All Goods remain the property of The Track House Limited until you have paid in full in cleared funds all balances, including any additional charges.

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9. Warranties and Liability
9.1 Subject to the Terms set out below we warrant that upon delivery 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 arising from failure by any person, other than us or our employees or contractors, 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.
9.2 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. 
9.3 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.
9.4 You shall not be entitled to reject the Goods where in our opinion the alleged defect or breach of contract is so slight that it would be unreasonable for you to do so.
9.5 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.
9.6 Nothing in these Terms excludes or limits the liability of us for death or personal injury caused by our negligence.
9.7 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.
9.8 We do not accept liability for any defect in the Goods which has been specifically drawn to your attention before the Contract is made and/or where you have examined the Goods before the Contract is made, and that examination ought to reveal any such defect. In all other cases you shall give us a reasonable opportunity to inspect the Goods in the same condition as they were at delivery after discovery of the defect and liability will not be accepted unless this procedure is followed.
9.9 We do not accept liability for any indirect loss you may suffer.

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10. General
10.1 You must not copy any of our designs without obtaining our permission in writing. 
11.2 Any written notice you want to send us must be sent to us at The Track House Limited, Unit 24-26 Blackwell Business Park, Blackwell, Nr. Shipston-on-Stour, CV36 4PE. 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.
10.3 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.
10.4 If we do not enforce a term of these conditions now, we are not prevented from doing so at a later stage.
10.5 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.
10.6 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.