Bon Fabrics Terms And Conditions

1. Definitions

In these terms and conditions, the following definitions apply:

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

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

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

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

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

1.1.6. “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;

1.1.7. “me, my, our, I, we, us” means Bon Fabrics Ltd whose principal place of business is Bon Fabrics Ltd, 51 Strand Street, Douglas, IM1 2EJ;

1.1.8. “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 Bon Fabrics Ltd 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, wools and linens often have natural characteristics which include stretching or shrinkage and we cannot accept returns for such natural occurrences.

4.2. When purchasing fabric from us, whether in our onsite shop, or online, 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 that, whether printed or woven, the pattern will be completely ‘square’ on the cloth. When planning multiple width curtains, please make certain before cutting, that pattern alignment is adequate to produce a satisfactory result. We cannot allow claims after goods are cut. Pattern repeats may vary from roll to roll and we would advise you to be generous in your estimates. Pattern repeat can sometimes vary so please double check repeats before cutting.

4.4. We cannot guarantee that there will not be shrinkage in the fabric subsequent to purchase and make up. Always make allowances for possible shrinkage when making curtains and loose covers. 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 recommend generous hems in case lengthening is necessary due to any of the above-mentioned points. The cost of making such alterations remains the responsibility of the customer. Please ensure that you have ordered sufficient material to complete the work, as it may not be possible to obtain exactly the same shade at a later date due to minor dye batch variations, or discontinuation of fabric. It is important that, prior to ordering, you ensure the suitability of the product for your chosen purpose or use. 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 or assembly, make-up, installation or general application.

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. If they do not meet regulations, your Upholsterer may be able to use an Interliner or Barrier cloth (Sch 3) – please check with your Upholsterer before ordering.  Products like Cotton Calico or Woolguard are acceptable.

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

5.4. 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.

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 under any circumstances.

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.

8.6. You shall furthermore be liable for any parking charge, fee or fine incurred in any area including clamp release fees, tow charges, and any other charges related to not having free or private off-road parking provided in any area.

8.7. 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 HSBC 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.

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

8.9. 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.

8.10. 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.

8.11. 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. Carriers unable to deliver due to issues with sailings. 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:

11.1.1. 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.

11.1.2. 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. Please contact us to enquire whether delivery can be made to an address outside the Isle of Man and the cost of doing so.

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.

11.1.3. You are responsible for your own calculations when purchasing fabric via our online shop and we will not accept any responsibility for inaccurate calculations. The minimum order is usually one metre of fabric and you can order in 1 metre increments.

11.1.4. After accepting your order, we aim to cut the fabric immediately therefore we will be unable to accept cancellation of cut fabric, as cut fabric is a bespoke item, as the specific length of the fabric has been cut specifically for you. Please contact us within 48 hours of receipt of your order, if you have any queries about the products you have received, or believe them to be faulty. Please note, refunds can only be given for faulty or damaged goods, in accordance with other Terms and Conditions stated here, and no refunds can be given once goods have been cut, treated or altered in any way. All costs relating to postage for returns are the buyer’s responsibility.

11.1.5. 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.

11.1.6. 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.

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

11.1.8. Delivery will be made as soon as possible after your order is accepted, please allow 7 – 10 working days for receipt of your order and in any event your Goods should arrive within 30 days of your order. 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.

11.1.9. 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.

11.1.10. 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.

11.1.11. 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.

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

11.1.13. 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.

11.1.14. At Bon Fabrics, we respect our customers right to privacy and agree to abide fully, where applicable, by the European Union’s General Data Protection Regulation act (GDPR).

11.1.15. Bon Fabrics is registered as a data controller with the Information Commissioner of the Isle of Man.

12. Gift Vouchers

12.1. Bon Fabrics gift vouchers are redeemable in-store only.

12.2. Gift vouchers may be used to purchase fabric samples, fabric, yarn, gifts, or any other product within our store.

12.3. Gift vouchers may be presented more than once up to the value of the voucher, no change will be given.

12.4. Gift vouchers cannot be redeemed for cash.

12.5. Gift vouchers are non-refundable and non-returnable.

12.6. Bon Fabric will not and cannot be held responsible for lost or stolen gift vouchers.

12.7. We reserve the right to refuse to accept a gift voucher as payment where it reasonably suspects that the gift voucher may have been stolen/copied represented or obtained in any illegal way.

12.8. Gift vouchers are valid for 12 months from the date of purchase. Any remaining balance/s after this date will become void.

13. General

13.1. 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.

13.2. 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.

13.3. 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.

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

13.5. Any written notice you want to send us must be sent to us at Bon Fabrics Ltd, 51 Strand Street, Douglas, IM1 2EJ.  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.

13.6. 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.

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

13.8. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 2001 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.

13.9. The Contract shall be governed by the laws of the Isle of Man, and the Customer agrees to submit to the non-exclusive jurisdiction of the Isle of Man courts.

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

13.11. 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.

13.12. 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.

13.13. 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.

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

14. Your Information

14.1. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

14.2. If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

14.3. To contact us with any questions, or to update or change any of your account information. Please email us at: info@bonfabrics.im.