Terms of use

This is an English version for information. The Lithuanian text at curtain.lt/taisykles is the one that applies.

Terms of Service

These Terms of use / Terms of Service (the "Terms") set out how the website curtain.lt (the "Website") is used and how enquiries, measuring, quotes, made-to-order production, delivery, fitting (where it applies), warranty service and other related services are provided, together with the rights, duties and liability of the Parties and other essential agreements.

Service provider / Seller: MB Gojer (the "Company", "we", "our").

Contact: [email protected]

By using the Website, sending an enquiry, booking a measuring visit, asking for a quote, confirming a quote, concluding a contract and / or ordering made-to-measure curtains, tracks or related goods / services, you confirm that you have read these Terms, understand them and agree to follow them.

Note: these Terms are meant to define the process clearly and to reduce disputes. They do not remove mandatory consumer rights that cannot be limited under the applicable law.

1. Definitions and interpretation

1.1. Client means a natural person or legal entity who uses the Website, sends an enquiry, concludes a contract, and orders goods and / or services.

1.2. Consumer means a natural person acting for purposes outside business, trade, craft or profession.

1.3. Services means consultation, measuring, design / fabric selection, preparing quotes, made-to-order production, delivery, fitting, warranty service, repair work and the like.

1.4. Goods means curtains sewn to order, roman blinds, roller blinds, curtain poles and tracks, fixings, fabrics and other products connected with window dressing.

1.5. Made-to-order production means production to the dimensions supplied by the Client or established at measuring, and to the chosen specifications, fabrics, mechanisms, fixing methods and the like, where the product is adapted to a particular Client.

1.6. Quote means the commercial proposal prepared by the Company (price, times, specifications, terms), which may be revised and is valid for a limited time.

1.7. Contract means the agreement between the Client and the Company, considered concluded when the Client confirms the Quote (in writing / by e-mail / in another way the Company states) and / or makes a payment (a deposit or full payment), unless the Quote provides otherwise.

1.8. The Terms are interpreted according to the principles of reasonableness, good faith and fairness, and the applicable law.

2. Application of the Terms and conclusion of the contract

2.1. These Terms apply to all relations arising from the use of the Website and the Services, including situations where the Client communicates with us other than through the Website (for example by e-mail, phone or social media).

2.2. The Company has the right to change the Terms at any time. The new version takes effect when it is published on the Website, unless stated otherwise. Contracts already concluded are governed by the version in force when the Contract was concluded, unless both Parties expressly agree otherwise.

2.3. The Client understands and agrees that:

Quotes may be specific to the order and depend on the measuring results, remaining stocks of fabric, supply and the complexity of fitting;

preliminary prices given orally or on the Website are indicative until they are confirmed in a written Quote.

3. Booking measuring, consultations and communication

3.1. The Client may book a measuring visit / consultation on the Website or through another channel the Company states.

3.2. The Client undertakes to give the correct information needed for the visit (address, contact details, instructions for getting in, parking, safety conditions and the like). If inaccurate information is given, the Company is not responsible for delays, a missed visit or additional costs.

3.3. The Company has the right to communicate with the Client using the contacts the Client gave, including e-mail, phone and messages, where this is necessary to provide the Services, to clarify the Quote, to agree the schedule, to administer payments or to prevent disputes.

4. The measuring service, conditions on site and the Client's duties

4.1. If the Client orders the measuring service, the Client undertakes to ensure safe and suitable conditions:

real access to the windows, recesses, radiator areas and fixing points for tracks;

enough light, as few obstructing objects as possible, and the ability to take the measurements;

to tell us about non-standard wall constructions, cables, pipes, fragile finishes and the like.

4.2. The Client understands that the accuracy of the measurements and the technical choices depend on the real situation on site. If after measuring the Client changes the renovation, the walls, the ceiling, the position of the track, the window construction or other parameters, the Client is responsible for the consequences, and the Company has the right to recalculate the price and the times.

4.3. If the Client does not make measuring possible (does not let us in, is not at home, gives the wrong address), the Company has the right to charge compensation for its costs (travel, time) if this was provided for in the Quote or agreed in advance.

4.4. If the Client declines measuring and supplies the dimensions, the Client takes full responsibility for their accuracy and suitability. In that case any corrections, remaking or additional work may be charged for separately.

5. Quotes, pricing, times and changes to them

5.1. The price in the Quote covers only what is clearly named in the Quote (for example sewing, fabric, lining, mechanisms, delivery, fitting, removal of old tracks and the like).

5.2. If the Quote is based on preliminary information, the price may change after measuring or after the specification is clarified. The Company aims to inform the Client as early as possible, but the Client agrees that the price of a project made to order may vary with the technical details and components actually used.

5.3. Times are indicative unless clearly stated otherwise. Times may change because of:

the supply / remaining stocks of fabrics;

the schedule of subcontractors;

force majeure circumstances;

the Client's delay in agreeing details, confirming the Quote, making payments or giving access for fitting.

5.4. The Company is not responsible for delays caused by the Client's acts or omissions.

6. Payments, deposits, invoices and the order of settlement

6.1. The payment terms are set in the Quote. As a rule a deposit may apply to made-to-order production, because specific purchases and production processes are started.

6.2. The Client understands and agrees that:

the fabrics, mechanisms and other materials for made-to-order production may be ordered immediately after the deposit is received;

once made-to-order production has started, the order can hardly be cancelled without losses.

6.3. If the Client is late in paying, the Company has the right to:

suspend production / delivery / fitting;

postpone the times;

require compensation for additional administration and / or storage costs.

6.4. If the Client is a legal entity, the Company may apply the corresponding commercial terms of settlement (penalty interest, interest), so far as this does not conflict with the law and the Quote.

6.5. By placing an order the Client agrees that invoices, including VAT invoices, may be sent to the e-mail address given in the order.

7. Made-to-order production, specifications and tolerances

7.1. The Client acknowledges that products sewn to order have specifications that cover not only the dimensions but also: the direction of the fabric, pattern matching, the type of seam, the fullness, the way of hanging, the type of track, linings, weights and finishes.

7.2. The Client understands that the colour shown on a screen may differ from the real fabric because of monitor settings, lighting and the particulars of the batch. Fabric samples (where provided) are therefore the main guide.

7.3. Technologically justified tolerances are permitted (for example minimal deviations in dimensions, the "settling" of the fabric, the behaviour of natural fibre), where they do not cause a material loss of function.

7.4. If after the Quote is confirmed the Client changes the specifications (the fabric, the model, the pleat, the mechanism, the type of track, the fitting method), this is treated as an additional change to the order and may lead to a recalculation of the price and the times.

8. Delivery, fitting, acceptance and handover of the work

8.1. The conditions of delivery and / or fitting are stated in the Quote. If fitting is not included, the Client arranges the fitting and takes the risk of incorrect installation.

8.2. During fitting the Client must make it possible to work: access to the premises, access to electricity (if required), a safe environment, and protection from pets or other disturbance.

8.3. When the work is finished, the Client must inspect and accept it. If defects are noticed, they must be recorded immediately. If the Client accepts the work without comments, or does not make justified comments within a reasonable time, the work is considered accepted.

8.4. The Company is not responsible for defects or damage that arise after handover because of improper care, mechanical damage, damp, pets, children, unsuitable cleaning products, the acts of third parties, or incorrect fitting that was not carried out by the Company. This provision does not limit the Consumer's rights under the law.

9. Cancellation, returns and consumer rights

9.1. If the Client is a Consumer, the right to withdraw from a distance contract may apply when standard goods or services are bought for which the law provides a right of withdrawal. A 14-day right of withdrawal applies to standard goods held in stock (for example tracks and poles of standard length, or ready-made accessories); it does not apply to goods made to measure (see 9.2 and the delivery and returns page).

9.2. Important: for goods made to the Client's instructions or clearly adapted to the Client's needs, the law generally provides an exception to withdrawal / return (that is, the logic of "I changed my mind" generally does not apply). The Client understands this and agrees that made-to-order production means a limited possibility of cancellation.

9.3. If the Client asks to cancel the order:

before production has started, the terms are agreed case by case, taking into account the costs already incurred;

after production has started, the Company has the right to retain the deposit and / or require compensation for the costs incurred (fabrics, work, logistics, administration), so far as this is justified and permitted by law.

This section applies to the extent that it does not conflict with the mandatory rules on consumer rights.

10. Warranty, quality requirements, claims

10.1. The guarantee under the law applies to the goods: the Company is liable for a lack of conformity of the goods with the quality requirements that existed at delivery and becomes apparent within two years, including goods made to the Client's measurements and fitting carried out by the Company (CK 6.363 str. 8 d., Article 6.363(8) of the Civil Code of the Republic of Lithuania; 6.364 str., Article 6.364). In addition the Company gives its own warranty (a commercial warranty): 12 months on sewing and tracks, 24 months on mechanisms and motors. Its terms are published on the warranty page, and it does not limit rights under the law.

10.2. The Client must use the goods for their purpose and follow the care recommendations (care of fabrics, use of mechanisms, cleaning).

10.3. Making a claim. Claims are made by e-mail to [email protected], giving:

information identifying the order;

a description of the defect;

photos / video (if this helps);

the remedy wanted (repair, replacement and the like).

10.4. Where the guarantee under the law applies, the Consumer chooses whether the goods are repaired or replaced, except where the chosen way is impossible or would cost the Company disproportionately much (CK 6.364¹ str. 2 d., Article 6.364¹(2)). A reduction of the price or termination of the contract may be required in the cases set out in CK 6.364¹ str. 5 d. (Article 6.364¹(5)). If the Company does not agree with the claim, it gives a reasoned written answer within 14 days.

11. Intellectual property, content and permissions

11.1. The whole structure of the Website, the texts, the design, photos, logos, drawings, quote templates, commercial descriptions and other works are the intellectual property of the Company or its partners and are protected by law.

11.2. It is forbidden to copy, distribute, publish or otherwise use the content of the Website without the Company's express written consent, except where the law allows it.

11.3. If the Client supplies photos, plans, drawings or other material, the Client confirms that they have the right to supply it and gives the Company the right to use it to prepare the Quote, for production and for preventing disputes.

12. Limitation of liability

12.1. The Company provides the Services professionally, but its liability is limited to the extent the applicable law allows.

12.2. The Company is not liable for:

indirect losses (for example lost income, damage to reputation, business interruption), except where mandatory law provides otherwise;

the consequences of incorrect data supplied by the Client;

the acts of third parties (for example couriers, subcontractors), if the Company had no real ability to control them, or if liability is limited by law and contract;

damage that arises from improper use, care, incorrect fitting or operation.

12.3. Where liability applies, the Company's total liability may, to the extent the law allows, be limited to the amount actually paid for the particular order, except where such a limit is forbidden (for example damage caused by intent or gross negligence, and the mandatory rules on consumer rights).

13. Force majeure

13.1. A Party is not liable for failure to perform its obligations if this was caused by circumstances of force majeure that the Party reasonably proves.

13.2. In the event of force majeure, the times are extended for a corresponding period. If force majeure continues for an unreasonably long time, the Parties decide on the further performance of the Contract.

14. Privacy and personal data

14.1. Personal data is processed in accordance with the Company's Privacy policy, published on the Website. By sending an enquiry or concluding a Contract, the Client confirms that they have read it.

14.2. The Client understands that communication (including e-mails and messages) may be kept for the prevention of disputes, quality assurance and compliance with legal requirements, so far as the law allows.

15. Applicable law, disputes and jurisdiction

15.1. The law of Lithuania applies to the Terms and the Contracts, to the extent that this does not conflict with the mandatory consumer protection rules that apply under the Client's habitual residence (where applicable).

15.2. Disputes are settled by negotiation. If agreement cannot be reached, the dispute is settled by the competent court at the Company's registered office, so far as the law allows.

15.3. On privacy / data protection questions the Client has the right to apply to the State Data Protection Inspectorate (Valstybinė duomenų apsaugos inspekcija), as stated in the Privacy policy.

16. Final provisions

16.1. If any provision of the Terms is held invalid or unenforceable, the other provisions remain in force. The invalid provision is replaced by one that is legally valid and as close as possible to the original economic meaning.

16.2. These Terms make up the whole agreement of the Parties on the matters covered here, unless the Quote / Contract clearly states otherwise.

16.3. The Company reserves the right to apply additional internal procedures (for example handover certificates, fitting protocols, a procedure for recording defects) where this is necessary for quality and for preventing disputes.

Do you have questions?

If you have questions about these terms or our services, get in touch with us:

E-mail: [email protected]