Terms and Conditions for The Sale of Goods

Terms and Conditions for The Sale of Goods

These Terms and Conditions are the standard terms for the sale of goods by Voila Voile trading through its website www.voilavoile.com.

1.1 These Terms of Business are supplied and available in the English language only. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Bespoke Goods”means fabric cut specifically to your order and supplied raw, or finished goods such as curtains or other soft furnishings made to your order;
“Business Day”means, any day other than a bank holiday or day when the Banks in England are open;
“Calendar Day”means any day of the year except when closed;
“Commercial Unit”means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
“Contract”means the contract for the purchase and sale of Goods, as explained in Clause 3;
“Goods”means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
“Month”means a calendar month;
“Price”means the price payable for the Goods;
“Special Price”means a special offer price payable for Goods which We may offer from time to time;
“Order”means your order for the Goods;
“Order Confirmation”means Our acceptance and confirmation of your Order as described in Clause 3;
“We/Us/Our”means Voila Voile trading through its website www.voilavoile.com

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications including e-mail.

2.1 We are an online supplier of materials and goods used for soft furnishings. We offer raw materials as well as made to measure curtains and soft furnishings. Our main trading activity is conducted via our website. 

2.2 All fabric cut to your order or finished curtains or other soft furnishing items, are classed under Consumer Law as being bespoke goods. 

The Contract for Sale

2.3 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

2.4 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

2.5 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing.

2.6 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

  2.6.1 The main characteristics of the Goods;

  2.6.2 Our identity (set out above in Clause 2) and contact details (set out below);

  2.6.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

  2.6.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

  2.6.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;

  2.6.6 Our complaints handling policy;

  2.6.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

  2.6.8 Where applicable, details of after-sales services and commercial guarantees;

  2.6.9 Where applicable, the functionality, including appropriate technical protection measures, of any digital content.

Description and Specification of the Goods

2.7 We have made every reasonable effort to ensure that the Goods conform to the illustrations, photographs and descriptions provided in Our sales and marketing literature and on Our Website.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies or differences when viewed online on your device or slight differences in the colour reproduction of electronic displays. Fabric pattern layouts may vary, due to the cut of the material so images may not replicate the product pattern exactly. If you are in doubt, you should order a sample swatch from us.

2.8 If you receive any Goods that blatantly and obviously do not conform to those in our illustrations, photographs or descriptions, you may return those Goods to Us.

2.9 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

2.10 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

2.11 If you Order bespoke Goods from Us, We will cut or produce those Goods to your specifications and requirements. When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete.  We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you.  

2.12 Once we have started work on your bespoke goods, or we have cut the fabric to Your order, these items cannot be returned, exchanged or refunded as Bespoke items are excluded from the Consumer Contract Regulations. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).

3.1 All Orders for Goods made by you will be strictly subject to these Terms and Conditions.

3.2 Please note that it is the customer’s responsibility to ensure that the measurements for made to measure products supplied are correct. Please follow the measuring guide provided on Our Website. If you require any further advice, please do not hesitate to contact us. We cannot accept returns for made to measure curtains and made to measure roman blinds that have been made using incorrect measurements. In some situations, we may be able to alter the goods, however, any cost in doing do will be borne by the customer.

3.3 Our Products and Goods are made to your requirements. If you have any doubt regarding your choice of fabric, We suggest you order free swatches to see and touch before placing your order. Please always double check your measurements and specifications prior to ordering. Please don't hesitate to contact us if you have any enquiries before ordering.

3.4 Please note that the fabric is cut by professional tailors within a variance of +/- ¾". We will not replace the order if the sizes are within this tolerance limit and you will not be entitled to reject the goods.

3.5 You may change your Order at any time before We process the order by contacting Us. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request prior to our preparing, cutting and supplying your order. You should cancel us at your earliest opportunity if you have made a mistake in calculations of fabric sizes or changes to your order.

3.6 If your Order is changed We will inform you of any change to the Price in writing.

3.7 We will only accept an Order cancellation for bespoke Goods if We have not yet begun preparing, cutting the fabric.  If you request that your Order is cancelled, you must confirm this cancellation in writing.

3.8 We may cancel your Order at any time before We despatch the Goods in the following circumstances:

  3.8.1 The Goods or fabric are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

  3.8.2 An event outside of Our control continues for more than 14 days (please see Clause 9 for events outside of Our control).

3.9 If We cancel your Order and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 3-5 working days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

4.1 The Price of the Goods will be that shown on Our Website in force at the time of your Order. If the Price shown in your Order differs from Our current price, We will inform you upon receipt of your Order.

4.2 If We quote a Special Price which is different to the Price shown on Our current Website, the Special Price will be valid for 7 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement or Promotion. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

4.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

4.4 We have made every reasonable effort to ensure that Our Prices are correct.  Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower advertised price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.

4.5 Our shown summary Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.

4.6 All payments for Goods must be made in advance before We can process your order.

4.7 We accept the following methods of payment:

  4.7.1 Card Payment via our designated card processing service.

  4.7.2 Payment via Payal.

5.1 When We provide you with an Order Confirmation, We will provide an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. 

5.2 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.

5.3 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 or destruction. 

5.4 If for any reason We are unable to deliver the Goods at your chosen delivery address, Our Courier will leave a note requesting that you arrange redelivery.

5.5 Please note that delivery is currently only possible to the countries we supply. Please ensure we cover your country prior to ordering from Us.

6.1 If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or the fault is clearly as a result of poor workmanship or faulty materials or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform us of the fault, damage or error, to arrange for any agreed refund, repair or replacement.  

6.2 Please note that if the Goods are incorrect as a result of your provision of incorrect information, rather than them not matching Our description, you will not be able to cancel and obtain a refund or exchange. Please note, that you will not be able to return Goods if you simply change your mind from your order time, or if you have made an error in your choice or measurements.

6.3 Please note that you will not be eligible to claim if We informed you of any faults, damage or other problems with the Goods before your purchase of the them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. 

6.4 To return Goods to Us for the permissible reasons above, please contact Us for a Returns Authorisation. Also, if the Return is agreed by Us, kindly ensure that the Goods are ready for collection at the agreed time and location. We are solely responsible for collecting the Goods, however We may appoint a third-party carrier to collect them in which case We will provide you with all relevant details or a pre-paid return label.  We will be fully responsible for the costs of returning Goods under this Clause in those circumstances.

6.5 In some countries, we will be unable to arrange collection of the faulty goods, and You should ensure that You arrange suitable shipping or delivery service, to return the authorised items to Us. You should ensure that sufficient insurance is paid for to cover the cost of the Goods. We accept no liability for packages or items that go missing in the Post, if you have not insured those Goods. We will refund the Shipping/ Postage cost to you on any authorised returns. 

6.6 Refunds (whether full or partial, including reductions in price) will be issued within 7 Calendar Days of the day on which We agree that you are entitled to any refund.

6.7 Any and all refunds issued will include all delivery costs paid by you when the Goods were originally purchased.

6.8 Please note, that if you return any goods to Us for reasons for which no refund is permissible, or if you refuse delivery of the goods when we mail them to you, you will not receive any refund and we will not remail those Goods unless you pay for the redelivery charges.

6.9 Please note, that you hereby accept and acknowledge that no chargeback or claim with your Card Issuer or Paypal or Bank shall be made, and that the cost of the Goods remains due to Us.

7.1 The right of return or refund does not apply to bespoke Goods, Made to Measure items or Cut Fabric unless the items are faulty or clearly misdescribed. Goods which We have produced or altered to order for you, cannot be returned just because you have changed your mind.

7.2 Any damaged or wrongly supplied items must be reported as soon as possible after delivery. We may request a photo image of the items you believe are faulty, damaged or wrong. You may do so by emailing us using our contact email address.

8.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them or in the case of a specified delivery date within 30 days of that date, then you must notify us either in writing or by Email at info@voilavoile.com.

If you notify a problem to us under this condition then at your option we will either:

  8.1.1 make good any shortage or non-delivery;

  8.1.2 replace or repair any goods that are damaged or defective; or

  8.1.3 refund to you the amount paid by you for the goods in question in whatever way we choose.

and we shall have no further liability to you.

8.2 Save as precluded by law and except where you are dealing as a consumer, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or good will) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.1.3 above.

8.3 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.

9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third-parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or pandemic, National or Local Covid19 restrictions or Lockdowns, other natural disaster, or any other event that is beyond Our reasonable control.

9.2 If any event described under this Clause 9.1 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

  9.2.1 We will inform you as soon as is reasonably possible;

  9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

  9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

  9.2.4 If the event outside of Our control We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

  9.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel as described above.

10.1 If you wish to contact Us, you may do so by email at info@voilavoile.com

10.2 You may also use our Instant Chat function which is available on Website Our Homepage. We may have a Customer Service/ Fulfilment Centre in your local area, and you can check for this by asking our Customer Support Team.

11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

11.2 All complaints are handled in accordance with Our complaints handling policy and procedure available upon request.

11.3 If you wish to complain about any aspect of your dealings with Us, please contact Us by Email at info@voilavoile.com or contact the local customer support team.

We will only use your personal information as set out in Our Privacy Policy available from the footer of Our Website Homepage.

13.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the Laws of England & Wales.

13.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts in England.