TERMS AND CONDITIONS

1. General

All quotations are made and all orders are accepted by thisisfurniture Limited (“the Seller”) subject to the following conditions which form part of and govern the Contract of Sale made pursuant to such quotation or order. Your Statutory Rights are not affected by any of the following terms and conditions. Any variation of these conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller. No variation may be made to the Contract of Sale except by agreement in writing between the parties.
In these conditions:
“the Contract” means the contract for the purchase and sale of goods as specified on the customer order form.
“the Seller” means thisisfurniture Limited
“the Buyer” means the person who enters into the Contract with the Seller.
“the Goods” means the goods which the Seller is to supply in accordance with these conditions.
Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re enacted or extended at the relevant time.
The headings in these conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale

a) The placing of an order following the Seller’s quotation of price shall not be binding on the Seller until or unless confirmed in writing by the Seller’s customer order form duly signed by the Seller and the Buyer at which time a minimum deposit of 50% of the purchase price is payable by the Buyer to the Seller.
b) In the case of orders given verbally by the Buyer to the Seller whether by telephone or otherwise, the price quoted by the Seller and recorded on a customer order form shall be dispatched to the Buyer and, if returned duly signed by the Buyer with a minimum deposit of 50% of the total purchase price within 7 days of dispatch, such order shall be conclusive and binding as to the price, type and quantity of the product ordered, and the delivery point.
c) Additions or alterations to orders save as set out in 2(b) above, however placed, shall not be binding until confirmed in writing by the Seller and may be subject to extra charges.
d) Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and, accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
e) Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, customer order form or other document or information issued by the Seller shall be subject to correction by the Seller without any liability on the part of the Seller.
f) The Seller accepts no liability in respect of goods ordered by the Buyer being of dimensions unsuitable for the Buyer’s premises or if access to the Buyer’s premises is impossible or impracticable save in circumstances where the Seller has inspected and/or measured the Buyer’s premises and access thereto.

3. Prices

a) The prices of the Goods shall be as set out in the Seller’s customer order form.
b) All quotations are valid for 7 days unless otherwise stated.

4. Terms of Payment

a) The total purchase price together with Value Added Tax less the deposit paid shall be payable within 7 days of notification being sent of goods being available for collection/delivery failing which interest at the rate of 2% per month on the outstanding purchase price and storage charges will be levied as applicable.
b) Collection/delivery shall only be made after receipt of cleared funds. In the event of payment being made by personal cheque/building society cheque 10 working days should be allowed for the clearance of such cheques.
c) If the Buyer fails to pay the balance for the purchase price within 30 days of notification being sent, then without prejudice to any other right or remedy available to the Seller, the Seller shall at it’s discretion be entitled to sell the Goods at the best price readily available and seek the balance of any shortfall on the purchase price from the Buyer.
d) Time shall be the essence for the payment of the balance of the purchase price as herein above defined.

5. Delivery and Damage

a) No delivery times can be given and any delivery date specified by the Seller shall be an estimate only.
b) The Seller shall not be liable for any delay in delivery caused as a consequence of a delay in the supply of the Goods by the manufacturer to the Seller.
c) The Buyer shall not be entitled to refuse to accept the Goods because of a late delivery. Nor to any compensation as a result of a late delivery.
d) No deliveries or collections can be made on Saturdays, Sundays and Bank Holidays.
e) Any floor models purchased by the Buyer must be inspected by the Buyer at the time of purchase. No responsibility can be accepted for damages or defects to floor models upon delivery other than those notified by the Buyer to the Seller at the time of purchase.
f) The Buyer shall inspect the Goods immediately upon arrival and notify the Seller forthwith in writing of any damage, shortage, over-delivery, loss or other particulars by reason of which the Buyer alleges that the Goods supplied do not conform with the Contract. If no such notice is received within 7 days of delivery the Goods shall be deemed to have been supplied in accordance with the Contract and to have been accepted by the Buyer. Where the Buyer gives notice to the Seller as aforesaid, he shall preserve the Goods intact and as delivered for a period of 21 days after receipt by the Seller of the Notice during which period the Seller, its agent or servants shall be at liberty to attend at the Buyer’s premises to investigate the complaint.
g) If the Buyer fails to comply with sub-clause 5 (f) he shall be deemed to have waived all or any claims, actions, rights or remedies he may have in respect of the non-conformity of the Goods to the Contract.
h) If, upon inspection the Buyer finds a shortage or over delivery in the amount of goods delivered, the Buyer will not be entitled to reject the Goods but the Seller will make such further delivery or collection as shall result in the correct quantity having been delivered: or if the Goods are found by the Buyer to be damaged or otherwise not in conformity with the Contract the Seller shall, in its absolute discretion at its own expense, replace or otherwise make good the same or take back the same or credit the Buyer with the price. No compensation whatsoever is due in such instances.
i) Damage, shortage, loss in transit or other non-conformity with the Contract which is present only in a proportion of the Goods shall entitle the Buyer to remedies given by clause 5 h) only in respect of these goods.
j) The liability of the Seller and of its servants or agents for any loss, injury, damage or claim arising out of or in connection with, the execution of this Contract or arising out of or in connection with the use of the Goods supplied by the Seller shall (save in the case of liability of death or personal injury resulting from negligence) be limited to the amount equal to the Contract price of goods supplied or to be supplied under this Contract whether or not such loss, injury, damage or claim is occasioned by negligence of the Seller of any of its servants or agents.
k) Whilst care will be taken during the delivery no responsibility is accepted for damage to property caused by the Seller’s delivery team.
l) The Seller can only accept results of tests on goods the form and context of which have been notified to it by the Buyer and approved by the Seller in writing. Such tests must be carried out strictly in accordance with the current British Standard and in the presence of a nominated representative of the Seller. The Buyer shall be charged the cost of testing at the Seller’s discretion.
m) The Buyer shall ensure that access to the delivery address is given on the date of delivery and that the Goods are capable of being installed on delivery. The Buyer shall not be entitled to reject the Goods upon the basis that access and installation cannot be afforded upon delivery. At point of delivery if normal access through a doorway is not possible and any other means of access are employed such as removing doors and banisters, removing window frames, hoisting in through windows as well as carrying up several flights of stairs, the Buyer shall pay such additional charges as maybe payable as a consequence prior to delivery.
n) Where goods are ordered and delivered and form part of a furniture system, delivery and assembly shall not necessarily be carried out on the same day.
o) Where a delivery date is agreed upon and access is not granted by the Buyer or his/her agent to the Seller for whatever reason, a supplementary delivery charge of 10% of the total order value will be payable for the postponed delivery.
p) Where a delivery date is agreed upon and the Seller fails to deliver on this day the Delivery will be rescheduled. No compensation whatsoever is due in such instances.
q) Packaging of goods is part of the order and belong to you. However, depending on the delivery company being used you may be able to arrange a private agreement with the company to remove the packaging.

6. Ownership of Goods

a) The property in the Goods shall remain in the Seller and shall not pass to the Buyer until the Seller has received payment in full for the price of the Goods (together with any interest/charges payable in respect thereof).

7. Transfer of Risk

a) The goods shall be at the risk of the Buyer as soon as delivery has taken place.

8. Warranty and Liability

a) The Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free of defects in material and workmanship for a period of 12 months from the date of delivery.

9. Cancellation

a) The Seller may cancel this Contract at any time before the Goods are delivered by giving written notice. On giving such notice, the Seller shall promptly repay to the Buyer any sums paid in respect of the price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
b) The Buyer has no right to cancel this Contract for goods that are already in stock.
c) The Buyer may give notice of his/its intention to cancel this Contract for Goods to be ordered upon the giving of written notice to the Seller within 7 days of the purchase order date. This is subject to the cancellation charge and subject to the manufacturer of the Goods agreeing to accept the Sellers cancellation notice in which circumstance the Seller shall despatch to the Buyer a written confirmation of cancellation. In such circumstances, upon the Seller giving such written notice:
The Seller shall cease to be bound to deliver and the Buyer shall cease to be bound to receive delivery to any further goods. The Seller shall refund to the Buyer either by cheque or credit card or refund voucher such sums already paid less 50% of the total purchase order value being cancellation charges incurred by the Seller in respect of its expenses. In the event of the manufacturer refusing to accept the Seller’s cancellation order the Buyer is not entitled to cancel the order.

10. General

a) Any notice required or permitted to be given by either party to the other under these conditions shall be addressed in writing to that other party at the address set out in the customer order form.
b) No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
c) If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and remainder of the provision in question shall not be affected thereby.
d) This Contract shall be governed by the Laws of England and Wales.

11. Force Majeure

Notwithstanding any agreement to the contrary, deliveries may be totally or partially suspended by the Seller during any period in which the Seller may be prevented or hindered from manufacturing, supplying or delivering the Goods as a result of acts of God, fire, accident, war, terrorism, riot, civil commotion, government order, regulation or directions, shortage of labour, equipment or material, strikes, lockouts or any other contingencies whatsoever beyond the Seller’s control whether of the same nature of the foregoing or not. Any goods the delivery of which has been totally or partially suspended shall be accepted by the Buyer commencing as soon as the Seller is no longer prevented or hindered from manufacturing, supplying or delivering.