Terms and Conditions
Once an item on our website is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
All current offers on our website only apply to customers in the UK and not beyond.
Please note Cherryellie cannot guarantee specific delivery dates and therefore, subject to specific delivery times please allow up to 10 working days for delivery within unless alternative dates are stated in the product description, this is subject to goods being in stock and you should allow for a longer delivery time during the Christmas and sale periods. Please be aware all our curtains are made to order and for made to order and made to measure items you should allow 28 working days. We are unable to guarantee delivery earlier than this time frame.
The term 'Non-Mainland UK' includes the Channel Islands and Northern Ireland.
Cherryellie takes steps to ensure and prove that the correct products and number of products ordered are dispatched and reputable couriers or royal mail are used to handle all products. All goods are tracked from dispatch to arrival and Cherryellie deems proof of receipt provided by the courier at the correct address as satisfactory delivery. Unless the recipient confirms at the point of delivery that the goods have arrived damaged to the courier and refuses to accept delivery it is deemed that all goods ordered have arrived in good condition.
Delivery charges for all items are based on calculated volumetric weight and delivery destination and will be quoted during the checkout process prior to your order being charged. The charge includes a 2% administration charge.
We reserve the right to withdraw Non-Mainland UK and International delivery at anytime.
We cannot be held accountable for delays in customs clearance.
Cherryellie cannot be held responsible should local customs authorities wish to confiscate any particular item or charge any import duty on such items. The recipient is responsible for paying the duty.
We may change the website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
retrieve and display the content of the website on a screen;
print copies of the content for your own personal use; and
store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
You may not use this website or its contents:
for commercial purposes;
for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices);
to download (other than page caching) or modify the website, or any portion of it;
to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
to interfere with the enjoyment or use of the website by any other person;
for any purpose which is unlawful.
In addition you may not in relation to this website, use any:
data mining, robots, or similar data gathering and extraction tools;
framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website;
meta tags or any other 'hidden text' which uses our name or trade marks.
Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided 'as is'. Accessing the website is entirely at your own risk.
You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.
Liability and Indemnity
We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website.
It is unacceptable to contact us after receipt of made to measure goods to re-negotiate the price originally paid and/or negotiate a discount.
You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
Privacy and Communications
When you place orders online or by telephone, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you.
To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Made to Measure Products
All our curtains, throws, cushions and table runners will be machine sewn unless a specific request is received for them to be hand sewn. On all our curtains we use a blind hemming machine to do the hems and quality heading tape for pencil pleat, triple pleat and goblet pleat headings.
The colour of fabric and pattern will vary according to the screen monitor used to view it and if you are unsure as to the exact colour you are receiving you should request a sample.
Under the Sale and Supply of Goods Act 1994 we will offer a refund, exchange or repair service on goods that are not fit for their purpose. Under the Distance Selling Regulations items which are bespoke or customised are not covered under the refund policy. No refund is offered on all made to measure and made to order goods unless they are not fit for purpose. No refund will be issued for goods that are returned having been used or tampered with including curtains that have been gathered and/or hung. Ocasionally there may be small printing errors in the fabric that we use for our goods. This is reflected in the price charged and is not considered faulty.
The customer is responsible for the safe return of goods in the condition they were sent within 14 days of receipt.