Conditions of sale

  1. The vendor is Balmain & Balmain of Cruses Cottage, Wilton, MARLBOROUGH, Wiltshire SN8 3SP, and in the absence of written agreement to the contrary any contract made with a purchaser is deemed to be made at that address.
  2. All goods, which are offered for sale, are offered subject to availability at the time and the conditions which follow hereafter
  3. All sizes given are approximate and all colour shown are believed to be a fair indication of the final product but no guarantee is given that all sizes will exactly comply to measurements given or colours to samples previously provided. Balmain & Balmain undertake to use their best endeavours to match colour tolerances used by fabric manufacturers but Purchasers accept that tolerances will exist.
  4. Balmain & Balmain undertake that quality of items supplied will be the same as the quality of similar items on display and shown
  5. In respect of any materials or fabrics cut, the pattern cutting is within the discretion of the cutter and pattern matching will only be carried out if requested in writing on the order form signed by the Purchaser otherwise Balmain & Balmain will arrange for cutting to be reasonably appropriate pattern for the design of the fabric
  6. The parties hereby agree that once the Order has been signed by the Purchaser and accepted by Balmain & Balmain there is a binding contract between the parties. If the Purchaser wishes subsequently to withdraw, he may do so upon payment for all materials bought, ordered and work carried out to date together with the estimated loss of profit incurred by Balmain & Balmain who undertake to use their best endeavours subsequently to dispose of the materials so bought
  7. Payment in respect of all goods ordered and work carried out is to be made as specified on the Order Form at the time the Order is accepted by Balmain & Balmain and the balance upon delivery of the goods. When the goods are to be delivered to a third party the balance will be payable by the Purchaser seven days prior to delivery to the third party the goods will not be delivered until such time as full payment has been made.
  8. In the event of payment not having been made within fourteen days of the date when Balmain & Balmain notifies the Purchaser at the address given on the Order Form that the goods are available, then Balmain & Balmain shall have the right to charge for storage and interest at 18% per annum on any unpaid balance on a day to day basis or dispose of the goods at the best price then obtainable and to recover any loss against the Purchaser.
  9. Where free delivery is offered it is on the basis that the delivery conforms to schedules and routes planned by Balmain & Balmain. Balmain & Balmain reserve the right to charge normal commercial rates for any special delivery conditions requested by the Purchaser
  10. In the event of any goods supplied by Balmain & Balmain being agreed as being defective, in need of repair or faulty, Balmain & Balmain reserves the right to replace or repair the goods or alternatively to refund to the Purchaser any moneys paid
  11. Risk in respect of the goods shall rest with Balmain & Balmain until they are ready for delivery but once the Purchaser removes the goods from the premises of Balmain & Balmain, then all risk in respect thereof shall rest with the Purchaser and it shall be the responsibility of the Purchaser to arrange the appropriate insurance thereon.
  12. The delivery time in respect of the goods given at any time is an approximate one and time shall not be the essence and time does not form a material term of the contract. If after six months from the date of the order, including the fabric, or agreed variations of the order, the goods are still not available, then a Purchaser may cancel the order without penalty or cost and any moneys paid by the Purchaser to Balmain & Balmain shall be refunded but without interest
  13. Balmain & Balmain supply fabric and furnishing and they may offer their opinion as to the suitability of certain furnishings for particular rooms or accommodation and appropriateness of colours to match other existing proposals or schemes of the Purchaser, it is agreed that there is no representation by Balmain & Balmain or warranty given as to the suitability of any particular item of furniture for a particular use nor the colour scheme is appropriate for the Purchasers intended use
  14. The ownership of any goods supplied by Balmain & Balmain shall remain with Balmain & Balmain until payment has been made in full and in the event of payment being made by cheque, only upon clearance of the cheque through Balmain & Balmain Bank account.
  15. The Purchaser will be deemed to have the goods and accepted the same without complaint once the said goods shall have been delivered by Balmain & Balmain or removed from the premises of Balmain & Balmain by the Purchaser or his agent any complaint with regard to the same shall only be made by the Purchaser so long as the goods remain within the control of Balmain & Balmain. Any complaints as to items omitted or missing at the time of delivery must be given within twenty four hours of such delivery
  16. Balmain & Balmain will not be responsible for or liable in respect of any delay arising through delay or interruption of work resulting from mechanical breakdown, accident, strikes, war, lock-outs or other causes beyond the control of Balmain & Balmain
  17. All or any liability of Balmain & Balmain in respect of this agreement shall be limited to all items in respect of all or any claims to the purchase price of the goods in question
  18. All fabric supplied by the Purchaser are supplied at the Purchaser’s risk and Balmain & Balmain accept no responsibility for loss or damage to the fabric while it is held by Balmain & Balmain. All such fabric must conform to the current statutory requirements relating to the fire and Balmain & Balmain must be supplied with the fabric a certificate from the fabric manufacturer confirming the fabric so conforms
  19. All measurements given by Balmain & Balmain in catalogues or verbally, are approximate and while Balmain & Balmain will use their best endeavours to meet measurements requested by the Purchaser, designs and measurements can be varied from those in catalogues depending on the production availability and specifications at the time.
  20. Any works carried out by Balmain & Balmain may at the discretion of Balmain & Balmain be carried out by any sub-contractor nominated by them
  21. If Balmain & Balmain are requested to and arrange delivery to the Purchaser it is a matter for the Purchaser to satisfy himself by his own enquiry that the goods are capable of physical delivery to the premises or any part thereof specified by the Purchaser.
  22. No other specific terms or conditions will apply to the contract unless they have previously been approved and accepted in writing by an officer of Balmain & Balmain.