Terms & Conditions

These are the Terms and Conditions of Calluna Furnishings Ltd. registered number 14569430 (Calluna).

General

‘Client’ is any person, organisation or business that has contacted Calluna requesting information, or who has entered a Contract with Calluna for the provision of upholstery services including cushions (Upholstery) or curtains and blinds (jointly called Curtains).
‘Contract’ – The legal agreement between Calluna and the Client for the provision of Upholstery and/or Curtains.
‘Website’- https://www.callunafurnishings.co.uk.
‘Charge’- The sum payable for the provision of the Upholstery and/or Curtains as agreed with the Client and any additional sums agreed between the parties.
‘Payment’ – can be by BACS, cheque or cash as agreed.
‘Studio’- the premises in Quernmore Lancaster or any other premises used by Calluna.
‘Days’- All the days in a week excluding weekends and Bank Holidays.
These terms and conditions and the Contract will represent the whole of the terms between Calluna and the Client. Any changes to these must be agreed in writing by Calluna.
Any proposal is valid for sixty days from issue.
The Client will have the opportunity to read these terms and conditions and any questions. answered before placing an order and entering a Contract and so the Client is accepting these terms and conditions by entering the Contract.

2 . The Contract

Upon receipt of any enquiry from a Client, Calluna will communicate with them to establish what is required and if appropriate, will request pictures to illustrate this. Calluna will then provide a rough estimate of the Charge.
If the Client wishes to proceed Calluna will arrange to visit the Client at their property or premises. Calluna will normally only work with Clients within a reasonable travelling distance of their Studio. If travel beyond this is required a charge may be made for travelling.
At this visit Calluna will take samples of materials for the Client to select the material and inspect and measure the furniture to be upholstered or the window or other opening where the curtains or blinds are to be fitted.
Calluna will provide the Client with a proposal setting out the services to be provided, the material to be used and the current waiting period for the work to be started. For Upholstery they will be informed that they will be without the piece of furniture for up to four weeks. This could be longer depending on the furniture involved.
If the Client wishes to proceed, they will be given an invoice for 50% of the Charge agreed.
Upon payment of the invoice by the Client the Contract will be made when Calluna confirms the order and the Client placed on the waiting list.
Once the Contract is made, the necessary materials will be ordered, and the work commenced as advised. No refunds of the initial payment will be issued.
Calluna will use their best endeavours to answer all questions and requirements from the Client, but this is subject to reasonable use of their time.
Once the Upholstery is finished the final invoice for the balance will be raised and return delivery arranged.

3. Changes to the Contract

If the Client wishes to make any changes to the Contract, they must put this in writing by email. If they telephone this must be confirmed by email or will not be actioned. Clients are requested to call to discuss any proposed changes to the Contract to ascertain the practicality of what they request.
Any changes to the original style or design may incur an increase in the Charge.
Materials will be ordered once the Contract is made, and the Client must accept that it may not be possible to change the Contract without paying extra for a second set of material.

4.Provision of Materials by the Client

If the Client provides their own material Calluna cannot guarantee the quality or performance of the final result.
Fire regulations will not apply to material provided by the Client. However, if these are incorporated into a frame made after 1st January 1950 then the fillings and top fabric must be certified as compliant.
Calluna has the right to refuse to use any material supplied by the Client if they do not believe it, is suitable quality.
Calluna will only give advice on the suitability of material supplied by the Client if requested and then it will only be a personal opinion. It is for the Client to make the final decision.
Calluna will inform the Client in writing how much material they believe will be needed after measuring the furniture or window. The Client must allow extra above this to allow pattern matching and fault or flaws in the fabric. This amount will vary with the material being used.
Clients must check their material for flaws before delivering it to Calluna as this will impact on the amount of material required.
Material supplied must be in manageable sizes to complete the work requested. Calluna reserves the right to reject material supplied in too small pieces or to charge extra for the time it will take above standard to deal with such material.

5. Materials

All material and other items provided as blackout lining will only reduce the light that comes into a room. It will not blackout the room. Blackout refers to the product supplied and not the result on the room which can never be guaranteed.
At the outset Calluna will produce samples of materials that can be used for the Upholstery or Curtains. The Client must accept that materials can vary slightly from the sample and never be 100% the same as another piece of the same design. Dye and colour fabric can vary. Calluna will use their best endeavours to ensure the materials are as similar as possible but total similarity cannot be guaranteed.
Calluna will make every attempt to ensure that any material supplied matches the samples or description given but any minor or immaterial variation between a sample or description will not allow the Client to reject the Upholstery or Curtains or withhold payment or claim compensation.
The Client must also accept that an order using a material may be different from a different order using the same material.
If the Client wishes to proceed with a material that Calluna does not believe is the best option, the Client will be advised of this. If the Client still wishes to proceed with that material, it will be at the Clients own risk.
Calluna will endeavour to discuss any problems with the Client as they arise. The Client must accept that any problems may lead to work not envisaged at the start and may involve additional costs.

6. Design Issues

Calluna will discuss the intended design with the Client and answer any queries they may have.
Calluna will explain the different options available to enable them to choose in accordance with their budget. Taking a piece of furniture back to its frame (re-furbishing) will have a better result but a higher Charge than just re-covering what is there.
Calluna will give an honest opinion as to what will produce the best result. If the Client wishes to proceed with a lesser scheme at a lower Charge the Client must accept the outcome.
Calluna reserve the right to decline any order where the services required will not meet their standards.
Scatter cushions can be supplied, with or without filling and the design and details agreed with the Client.
The Client cannot reject any Upholstery or Curtains based on issues with style or design where Calluna have followed their instructions and used the material requested. Any changes made will be charged as extra.
Calluna will endeavour to communicate any proposals with the Client and enter a dialogue to find a design to their satisfaction. The Client must inform Calluna immediately if they are hot happy with what has been shown or described to them so that changes can be made.
Calluna may terminate any Contract for the provision of any Upholstery or Curtains if they believe they will be unable to reach an agreement with the Client within a reasonable timeframe as to the design of the items required.

7. The Upholstery

If Calluna inspects the furniture to be upholstered and sees a problem with the frame the Client will be informed and given the cost of the repairs.
The repair may be carried out by Calluna or by a third party engaged by them. The Client will be advised of their options.
If the repair only becomes apparent when the furniture has been stripped back the Client will be informed. Their options will be discussed before any further work is carried out.
The Client will be given a choice of fillings namely traditional materials (horsehair/wool) or modern materials (foam). Advice and prices will be supplied but the final choice is made by the Client.
Samples of foam may be supplied and then ordered and used in the Upholstery. Using the foam in a cushion or piece of furniture can have a different result to foam seen independently. The Client must accept the resulting cushion can be harder or softer than what they anticipated. Any concerns must be discussed with Calluna at the outset.
Old covers are not returned to the Client unless specifically requested at the start.
If material is purchased for the Client, they will be offered any remaining once the services have been completed.

8. The Charge

The Charge must be paid as agreed. Generally, one half is payable at the outset and the balance once the work has been completed.
All invoices must be paid in full without set-off, deduction or counterclaim.
Any invoice not paid within 14 days of issue will incur interest at 8% per annum above base rate until paid in full along with debt collection fees.

9. Cancellation Policy

If the Client wishes to postpone or cancel an initial site visit, they must give Calluna at least 48 hours’ notice or the time will be charged. This also applies to appointments to collect and deliver furniture and Curtains.
If the Client wishes to cancel the provision of Upholstery or Curtains, they must pay Calluna for all time spent and materials used to date of cancellation. No pieces of furniture will be returned until this done.
Calluna reserves the right to cancel an order without liability if they are unable to supply the Upholstery or Curtains ordered due to events beyond their control.

10. Collection and Delivery

Calluna will arrange a mutually convenient date and time to collect furniture that is to be upholstered.
It will be agreed if the Client is able to assist Calluna with lifting the furniture into their van or if Calluna should arrange assistance themselves. If the Client finds themselves unable to help when it has been agreed, they will do so they must give Calluna proper notice to enable them to make alternative arrangements.
The Client must inform Calluna of any issues that could make removing or returning the furniture challenging. This includes but is not limited to narrow doorways, steep stairs, or other difficult access. Pets must be controlled.
The site will be assessed by Calluna at the outset, but the Client must ensure that the path is left clear and any items that could restrict access are moved prior to arrival.
When blinds or curtains are to be fitted the windows must be made accessible and the sills left clear.
Any delivery dates specified are approximate estimates only and unless agreed in writing by Calluna. Time is not of the essence for delivery.
The Client will be advised if the services will not be completed as initially advised.
The Client will be informed when the Upholstery is completed and the furniture ready to be returned to the Client. If the Client does not arrange a convenient delivery date within 14 days, then Calluna is entitled to charge storage fees until they are able to deliver.
If collection or delivery are arranged but upon Calluna attending at the premises at the date and time agreed, they are unable to collect or deliver the furniture with them then they reserve the right to charge the Client for a collection or delivery Charge in addition to the Charge agreed.
No delay shall entitle the Client to reject any Upholstery or Curtains.
If the Client requires delivery by a certain date, then this must be communicated in writing to Calluna before the Contract is entered. Calluna is only bound by such date if they confirm acceptance of this in writing.

11. Curtain and Blind Fitting

Calluna will always do the final measuring for blinds and curtains and will not proceed without this or be able to provide the Charge. Client’s measurements will only be used to provide a rough estimate of the Charge at the outset.
Calluna will engage the services of an independent curtain fitter to fit any necessary curtain poles and blinds. Calluna will pay their charges from the Charge.
If the Client uses an existing curtain pole Calluna will accept no liability for the final result.
If the Client chooses to fit the blind or curtain pole themselves instructions will be given but the final result is the Clients responsibility.

12. Insurance Claims

A fee will be charged for preparing and submitting an estimate for an insurance claim. The fee is currently £50 but is subject to amendment.
If the services are requested and are to be covered by an insurance claim the Client remains responsible for the Charge.
Calluna will only accept payment direct from the insurance company by prior arrangement and agreement in writing.

13. Care

Some upholstered covers may come off the furniture for cleaning. They and any curtains must be dry cleaned.
The Client must accept that any cleaning may result in some shrinkage.
No care labels are attached to Upholstery or Curtains, but separate care instructions will be supplied with the final invoice.
Calluna accept no responsibility for any issues with the Upholstery or Curtains where the care instructions have not been followed.

14. Regulations

All blinds fitted will be in line with BS EN 13120:2009+A1:2014 regulations relating to child safety.
All Upholstery and Curtains will comply with The Furniture and Furnishings (Fire) (Safety)Regulations 1988 (amended 1989 and 1993) as applicable to residential and commercial properties.
Furniture that is pre 1950 is exempt from fire regulations.
Material that contains at least 75% by weight of cotton, flax, viscose, rayon, linen, modal, silk, and wool, and is not coated with polyurethane or a polyurethane preparation, does not have to be match resistant as per the fire regulations provided the furniture has a fire resistant interliner (fire barrier) fitted. Such materials cannot be used without such interliner. A label will be attached to show the interliner has been fitted.
All blinds require child safety features fitting to be compliant. Calluna will not fit any blinds without such features.

15. Risk and Title

The Curtains and Upholstery will become the responsibility of the Client when they are delivered to them personally or their representative or to the Client’s premises or property, or other premises as requested. The Client should insure them from that time and keep them safe. Responsibility for the risk has then passed from Calluna to the Client.
The Curtains and Upholstery will become the Clients property and owned by them only when the Charge has been paid in full.

16. Limitation of Liability

Should Calluna be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict, the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions )Calluna shall be relieved from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.
Calluna is not liable for any indirect or consequential losses to the Client or any third party.
The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
Where Calluna advises against a course of action, including the use of certain materials and procedures they will not accept any liability if the Client insist on proceeding against that advice.

17. Intellectual property

All copyright, trademarks, and all other intellectual property rights in all Upholstery and Curtains, designs, labels, any materials, logo, marketing materials, branding or copy (all jointly called the Materials) shall remain always vested in Calluna. Any attempt to copy any Materials, or manufacture, reproduce, transmit, publish, display exploit, or create derivative Materials shall render the Client liable for damages.
If the Materials supplied by Calluna are used by a third party for any purpose, not in the Contract the Client will be liable to Calluna for damages and any legal costs. They must take appropriate steps to ensure such use ceases immediately.

18. Commercial Clients

Where the Clients are not private individuals purchasing goods or services for their own personal use this section will apply replacing other clause in these terms and conditions where they are not consistent.
The liability of Calluna will be limited to the return of the Charge to the Client.
The Contract is exclusive to the Client and no third party shall have any rights under that Contract.
Calluna has no liability for any loss of profits, goodwill, reputation, special or indirect loss or any other business losses or interruption.
Calluna does not exclude liability for death or personal injury caused by the negligence of Calluna or their employees, agents or subcontractors or fraud or fraudulent misrepresentation or any other liability that cannot be excluded by law.
The Client will keep all personal data it obtains about Calluna and its employees, agents, or subcontractors in accordance with UK GDPR.
The Client will keep all information it obtains about Calluna including its processes that is not in the public domain confidential.
The title to any Curtains or Upholstery will not pass to the Client until all Charges have been paid in full. Calluna has the right to enter the premises of the Client or such other place that the goods are stored to recover those goods should payment not be received as agreed.
The Client is deemed to have accepted the Upholstery or Curtains (furniture, curtains, blinds, or cushions) seven days after receipt.
If the Client provides their own material, they are required to certify that it meets the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

19. Data Protection and Confidentiality

Calluna will take all reasonable care to keep all personal data supplied by the Client in accordance with the UK General Data Protection Regulations (GDPR)and general UK legislation as set out in their current Privacy Notice.
Calluna will take all reasonable care to keep all personal data confidential.
Clients may be contacted by Calluna with marketing material about Upholstery and Curtain services The Client will always have the option to unsubscribe from such marketing materials.
Clients’ data will never be passed to third parties for marketing purposes.
Calluna reserves the right to take ‘before’ and ‘after’ photos of any furniture or any Upholstery or Curtains for use in their marketing materials including social media. The Client will never be identified without their written consent.

20. Complaints

The Client must raise any problem or complaint it has with the Upholstery or Curtains immediately the issue arises and confirm this in writing within seven days.
Following any issues Calluna will seek to find a mutually acceptable solution for all parties.
If the Client is dissatisfied, they must discuss the situation with Calluna and give them the opportunity to do further work if they accept it is needed. If the Client should not do this but engage a third party to do work on the Upholstery or Curtains, then the Charge remains payable and Calluna will not accept responsibility for the charges of the third party.

21. Severance

If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions.

22. Notices

Any notices served under the Contract, or these terms and conditions must be address to the address on the Contract or such other address provided by that party. Notices can be given by email to any email address agreed for that purpose. Legal proceedings cannot be served by email.

23. Waiver

The waiver by Calluna of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

24. Transfer

The Client may not transfer any of their rights under the Contract to any third party.

17. Law

These terms and conditions and any dispute or claim arising from or in connection with them or the Contract shall be governed by the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to deal with any dispute or claim arising from these terms and conditions.