Terms & Conditions

Trade sales - Version 1 - October 2026

Who we are

We are Dutton & Gavin (Textiles) Limited, a company registered in England and Wales with company registration number 00445817, whose registered office is 34 High Street, Spennymoor, County Durham DL16 6DB. Our VAT registration number is GB243481763. You can contact us by:

Address: 34 High Street, Spennymoor, County Durham DL16 6DB

Phone: 01844 204350

Email: sales@duttonandgavin.co.uk

Who these terms apply to

These terms apply to the supply of goods by us to business customers. They apply to every order you place with us and they override anything printed on your own order form, purchase order or other document, unless we have agreed otherwise in writing and signed by a director.

You confirm, in placing an order, that you are buying in the course of a business and not as a consumer. The Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to sales under these terms. Our supply to you is governed by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, the Unfair Contract Terms Act 1977, the Late Payment of Commercial Debts (Interest) Act 1998, the General Product Safety Regulations 2005 and, where relevant to the goods, the child safety requirements BS EN 13120:2009+A1:2014.

Trade accounts

Our prices, price lists and the trade areas of our website are available to trade customers with an account. Account facilities are granted at our discretion and we may ask for trade references, a credit check or a personal guarantee before opening an account.

We may reduce, suspend or withdraw a credit limit or an account at any time, including where payments are overdue, where your credit position changes or where we have reasonable grounds for concern. Where an account is suspended we may require payment in advance before any further supply.

The contract

Your order is an offer to buy from us. The contract is made when we send you a written acknowledgement accepting the order, or when we despatch the goods, whichever happens first.

Quotations are not offers and are open for acceptance for 30 days unless we say otherwise. An order once accepted may only be cancelled or varied with our written agreement, and see "Made to order goods" below.

Price

Prices are those in force at the date we accept your order, exclusive of VAT and, unless stated, exclusive of carriage. We may correct an obvious error in a quoted or listed price at any time before despatch.

We may change our price list by giving you notice in writing. The change does not affect orders we have already accepted.

Payment

Where you have a credit account, payment is due within 30 days of the end of the month of our invoice, unless we have agreed different terms with you in writing. Where you do not have a credit account, payment is due in full before despatch.

Time for payment is of the essence. You must pay in full without any deduction, set off or withholding, whether or not you have a claim against us.

If you do not pay on time we may charge interest and compensation on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998, which is interest at 8% a year above the Bank of England base rate, running daily from the due date until payment. We may also suspend further deliveries, require payment in advance, charge our reasonable costs of recovering the debt including collection agency and legal costs, and treat all sums owed by you as immediately due.

Retention of title

Risk in the goods passes to you on delivery. Ownership of the goods does not pass to you until we have received payment in full for those goods and for every other sum you owe us.

Until ownership passes:

a) you hold the goods as our bailee, you must store them separately from your own stock and from other suppliers' stock so that they remain identifiable as ours, and you must not remove, deface or obscure any identifying mark or packaging;

b) you must keep the goods insured against the usual risks for their full price, and hold any insurance proceeds on trust for us;

c) you may use the goods or resell them in the ordinary course of your business, but any sale is a sale of our property made in your own name and on your own account, and you hold the proceeds on trust for us in so far as sums remain owing to us; and

d) we may at any time require you to deliver the goods back to us, and if you do not do so promptly we may enter any premises where the goods are stored, with such force as is lawfully permitted, to recover them.

Delivery

Delivery takes place at the address you give us, or at our premises where you have agreed to collect. Carriage is charged at the rate shown in our price list, and carriage paid terms apply to orders at or above the order value stated there.

Delivery dates are estimates given in good faith and are not guaranteed. Time of delivery is not of the essence. We may deliver in instalments, and each instalment is treated as a separate contract.

You must examine the goods on delivery. Shortages, damage in transit and incorrect goods must be noted on the delivery documentation where possible and notified to us in writing within 3 working days of delivery. Any other claim that the goods do not conform to the contract must be notified to us in writing within 10 working days of delivery. If you do not notify us within those periods you are treated as having accepted the goods.

If you fail to take delivery, or do not collect goods within 14 days of our telling you they are ready, we may store the goods and charge you reasonable storage and insurance costs, or resell them and charge you any shortfall.

Specification, samples and batch variation

Samples, pattern books, swatches, shade cards, photographs, measurements and descriptions are given as a general indication of the goods and do not form part of the contract. Dimensions and weights are subject to normal manufacturing tolerance.

Fabrics and finishes vary between production batches. We cannot guarantee that goods supplied will match a sample, an earlier delivery or an existing installation exactly in shade, pattern repeat or texture. Where an exact match matters you must tell us in writing before you order and, where possible, we will supply from a single batch.

We may change the specification of goods where required to comply with any law or safety requirement, or where the change does not materially affect their quality or performance.

Made to order goods

Goods made, cut, assembled or finished to your specification or measurements cannot be cancelled once we have begun production, and cannot be returned other than where they do not conform to the contract. Cut lengths of fabric are made to order for this purpose.

Returns

No goods may be returned without our prior written authorisation and a returns reference. Goods returned without one may be refused.

Where we agree to accept the return of stock goods that conform to the contract, the goods must be unused, unopened and in their original packaging, returned within 14 days of delivery at your cost, and we may make a handling and restocking charge.

Quality and inspection before fabrication

You must inspect all fabric and components for faults, shade and pattern before cutting, fabricating, assembling or installing them. We will not accept a claim in respect of a fault that inspection would have revealed once the goods have been cut, fabricated, assembled or installed, and our liability for such goods does not extend to the cost of your labour, your other materials or any work you have to redo.

Where goods do not conform to the contract and you have notified us within the periods set out under "Delivery", we will at our option repair the goods, replace them, or refund the price. That is the full extent of our liability for non-conforming goods.

Child safety and compliance of the finished product

We supply blind fabrics, components and shutters to the trade. Where we supply child safety devices, cords, chains, breakaway devices or tensioners, we supply them to the relevant specification together with the information needed to fit them.

The internal blind you make, assemble or install from our goods is a separate product, and you are the person placing that finished product on the market. You are responsible for ensuring that the finished product complies with BS EN 13120:2009+A1:2014 and with the General Product Safety Regulations 2005, including the correct fitting of safety devices, the correct cord and chain lengths and the supply of the required warnings and instructions to the end customer. We are not responsible for the compliance of a finished product we did not assemble or install.

Product information and resale

You must not describe or market the goods, or any product made from them, in a way that is inaccurate or that attributes to them a performance, certification or approval we have not given in writing. You must not use our name, trade marks, images or "by Royal Appointment" wording except as we permit in writing.

Intellectual property

All intellectual property in our fabrics, designs, pattern books, product names, images and literature belongs to us or our licensors. Nothing in these terms transfers any of it to you. You may use the product images and descriptions we supply for the purpose of reselling our goods, and for no other purpose, and we may withdraw that permission.

Confidentiality

Our price lists, discount structures and terms of supply are confidential to you and you must not disclose them to any third party.

Liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979, or for anything else that cannot lawfully be limited or excluded.

Subject to that:

a) we are not liable to you, whether in contract, in tort including negligence, for breach of statutory duty or otherwise, for any loss of profit, loss of sales or business, loss of contract, loss of anticipated savings, loss of goodwill, loss of use, the cost of your own labour or remedial work, or any indirect or consequential loss; and

b) our total liability to you in respect of all other losses arising under or in connection with a contract is limited to the price paid for the goods to which the claim relates.

You are to insure against your own business risks accordingly.

Force majeure

We are not liable for any failure or delay in performing our obligations where that failure or delay results from an event outside our reasonable control. If the event continues for more than 8 weeks either of us may end the affected contract by written notice.

Termination and insolvency

We may end any contract with you immediately by written notice, and suspend any further deliveries, if you fail to pay any sum when due, if you breach these terms and do not put it right within 14 days of our asking you to, or if you become insolvent, have an administrator, receiver or liquidator appointed, enter into any arrangement with your creditors, or cease or threaten to cease to trade.

On termination all sums you owe us become immediately due, and the provisions on retention of title continue to apply.

Complaints

Tell us in writing, using the contact details above, and we will respond as soon as possible. If our first response does not resolve the matter you can ask for it to be escalated and it will be reviewed by a director, who will reply to you in writing. The alternative dispute resolution schemes available to consumers do not apply to trade sales.

Data protection

We handle the personal information you give us in line with our Privacy Notice, which is available at duttonandgavin.co.uk/policies/privacy-policy. It explains what we collect, why we hold it, how long we keep it, who we share it with and what rights you have.

General

These terms, together with our written acceptance of your order, are the entire agreement between us in relation to that order, and replace anything said or written beforehand. Neither of us relies on any statement not set out in them.

Nothing in these terms creates a partnership, agency or joint venture between us. You may not assign or transfer your rights under a contract without our written consent. We may assign or subcontract ours.

The contract is between you and us. No other person has any right to enforce any of its terms.

If any provision of these terms is found to be unenforceable, the rest continue to apply.

A delay by us in enforcing any of these terms is not a waiver of our right to enforce it later.

Governing law

The contract and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.