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Terms &
Conditions
These pages
contain information on the terms and conditions for purchases from yourfurniture.
All orders are subject to our full terms and conditions (below). Nothing in
these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1)
Definitions
a)
'Buyer' means the
person who buys or agrees to buy the Products from the Seller.
b)
'Conditions'
means the terms and conditions of sale set out in this document and any special
terms and conditions agreed in writing by the Seller.
c)
'Delivery date'
means the date specified by the Seller when the Products are to be delivered.
d)
'Products' means
those goods specified.
e)
'Price' means the
price for the Products including carriage, packing and VAT.
f)
'Seller' means
Your Furniture Ltd Ltd.
2)
Conditions
applicable
a)
Nothing in these
conditions shall affect the buyer’s statutory rights as a consumer.
b)
The Seller shall
sell and the Buyer shall purchase the products in accordance with any written
quotation of the Seller which is accepted by the Buyer, or any written or verbal
order of the Buyer which is accepted by the Seller including but not limited to
orders placed using the Seller’s electronic online ordering service, subject in
any case to these conditions, which shall govern the contract to the exclusion
of any other terms and conditions subject to which any such quotation is
accepted or purported to be accepted, or any such order is made or is purported
to be made, by the Buyer.
c)
Any typographical
or clerical or other error or omission in any sales literature, quotation, price
list, acceptance of offer, invoice or other document or information issued by
the Seller shall be subject to correction without any liability on the part of
the Seller.
d)
If any provision
of these conditions is adjudged invalid or unenforceable in whole or in part the
validity of the other provisions of these conditions and the remainder of those
provisions in question shall not be affected.
e)
If the Seller
does not have sufficient stock to be able to deliver the goods ordered by the
Buyer then any sum paid by the Buyer will be refunded or re-credited to the
Buyers account and the seller will notify the Buyer at the address given by the
Buyer in the Buyers order form. The refund will be made as soon as possible and,
in any event, within 30 days of the Buyers order and the Seller will not be
obliged to offer any compensation for disappointment suffered.
3)
The price and
payment
a)
Save as provided
otherwise herein the Price shall be that as stipulated in the Seller’s published
price list current at the date of order of the Products. Any event of any
increase in the cost to the Seller of raw materials, labour, overheads, or any
increase in taxes or duties, or any variation in exchange rate the Seller may
increase the Price payable under the contract upon written notice. If notice of
price increase is given by the seller, the buyer shall have the right to cancel
the order and receive back any sums they have paid. Notice of cancellation must
be received in writing by the seller within seven days of delivery of the notice
of price increase to the buyer.
b)
Payment of the
Price shall be due at the date of the order. Time for payment shall be of the
essence. If the Buyer does not pay the Price on notification of shipment the
Seller may bring an action for the Price even though property in the Products
has not been passed to the Buyer. If the Buyer fails to make payment as required
the Seller may suspend delivery of the Products or any further Products ordered
until payment is made in full.
c)
Interest on
overdue invoices shall accrue from the date when payment becomes due from day to
day until the date of payment at the rate of 2% above Bank of Scotland’s base
rate from time to time in force and shall accrue at such a rate after as well as
before any judgement.
4)
The products
a)
The quantity and
description of the Products shall be set out in the Seller’s quotation.
b)
The Seller may
make any changes in the specification of the Products which do not materially
affect their quality or performance required to conform with any applicable
statutory requirements where the Products are supplied to the Seller’s
specification.
c)
Photographs are
for illustrative purpose only, and may not exactly match the product itself.
5)
Warranties and
liability
a)
All goods
supplied by the Seller come with a manufacturer’s warranty of at least 12
months.
b)
The Seller shall
provide the Buyer with such information as is required to claim under the
manufacturer’s warranties. In the event of a claim, the Buyer shall in the first
instance contact the Seller’s customer service department.
c)
The Seller does
not provide any warranty cover against defects in his own right.
d)
Except where the
Buyer acts as a Consumer all other warranties, conditions and terms relating to
fitness for purpose, satisfactory quality or conditions of the products whether
implied by statute or common law or otherwise are excluded to the fullest extent
of the law.
e)
Insofar as is
permitted by law, our only liability to you under these terms and conditions
will be, at our sole discretion, to make good any shortage or non-delivery, to
replace or repair any goods which are received by you in a damaged or defective
state or to refund to you any sums actually paid by you for the goods in
question. We will not be liable to you for any indirect or consequential loss or
damage arising out of any problem you notify to us and will have no liability to
you for any failure or delay in delivering goods or any damage or defect in
goods delivered which is caused by any event or circumstance which is beyond our
reasonable control. Nothing in this Clause 5 affects your statutory rights as a
consumer.
6)
Delivery, Returns
and Cancellations
a)
Delivery of the
products shall be made by the Seller or his agent notifying the Buyer that the
products are available for collection at the Sellers premises or for delivery to
such place as the Buyer may specify at the time the order is placed.
b)
The Seller shall
use his reasonable endeavours to meet any date agreed for delivery.
c)
In any event time
of delivery shall not be of the essence.
d)
The Seller shall
not be liable for any delay in delivery howsoever caused.
e)
In the case of
goods purchased by credit card, those goods can only be shipped to the credit
card holders address (in order to protect you, we carry out extensive checks to
ensure that your card is not being used fraudulently) and must be signed for on
delivery.
f)
All orders for
delivery to addresses within mainland GB are delivered free of charge
g)
For delivery to
Scottish Western Isles, Northern Ireland, Eire, Isle of Man, Isle of Wight and
Channel Islands we can provide a quote to the Buyer for an additional amount to
deliver to their door.
h)
Generally, where
an order contains more than one item all items will be delivered at the same
time once all items are available.
i)
An order may be
cancelled at any time between the placement of the order and 7 days following
delivery of the goods. If the Buyer is dissatisfied with his purchase for any
reason he may, within seven days of delivery, contact the Seller’s returns
department to arrange for collection of the goods. The Buyer is responsible for
the full carriage costs for both the original and forward consignments. Any
money which you have paid will be refunded within 30 days, less the carriage
charges, provided that the Seller receives the goods in the same condition they
were in at the time of delivery to you in their original packaging. Items which
are not adequately packaged at time of collection will not be collected and a
charge of £25 will be levied to cover cost of failed collection.
j)
Any order cancelled before it has been dispatched by the buyer will be subject
to a 7.5% cancellation fee. This charge is levied to cover any supplier
cancellation fees or administration related fees incurred by the seller. In most circumstances the buyers credit card will be charged with the full amount and then they will receive a cheque for the full amount less the cancellation fee within 14 days of notification of cancellation.
7)
Acceptance of the
products
a)
After acceptance
the Buyer shall not be entitled to reject Products which are not in accordance
with the contract.
8)
Title and risk
a)
Risk of damage to
or loss of the Products shall pass to the Buyer upon delivery.
b)
Notwithstanding
any other provision herein title in the Products shall not pass to the Buyer
until the Seller has received in cash or clear funds payment in full.
9)
General
a)
Neither party
shall be liable for any delay or failure to perform any of its obligations if
the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to strikes, lock outs, accidents, war, fire,
reduction in or unavailability of power at the Seller’s premises or its
manufacturing plant, breakdown of plant or machinery or shortage or
unavailability of raw materials from a natural source of supply, and the party
shall be entitled to a reasonable extension of its obligations.
b)
Any notice
required or permitted to be given by either party to the other under the
conditions shall be in writing and in the case of notices to the Seller,
addressed to the Seller at its registered office or in the case of notices to
the Buyer, at the Buyer’s address as provided to the Seller.
10)
Headings
a)
The headings of
the Clauses in these conditions are intended for reference only and will not
affect the construction of these conditions.
b)
Representations
No statement, description, warranty condition or recommendation contained in any
catalogue, price list or advertisement or communication or made verbally by any
of the Agents or Employees of the Seller shall be construed to enlarge, vary or
override in any way thereof any of these conditions.
c)
Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller
through the Buyers instructions or lack of instructions or through failure or
delay in taking delivery or through any acts or default on the part of the
Buyer, its servants, agents or employees.
11)
Proper law of contract
a)
This Contract
shall be governed by the law of England and Wales and any dispute, question or
remedy howsoever arising determined exclusively by the Courts of England and
Wales.
