Terms of Sale
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE QUOTATION GIVEN OVERLEAF OR ATTACHED AND ANY SUBSEQUENT CONTRACT FOR THE SUPPLY OF ANY ITEMS BY EMELDA GRACE. PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS WILL NOT AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY BE ENTITLED TO FROM TIME TO TIME AND WHICH BY LAW CANNOT BE VARIED OR EXCLUDED.
These Terms & Conditions for Sale of Goods was last updated on Monday 24th July 2023
1. Formation of a Contract
1.1 The quotation given on or attached to these Terms and Conditions will only remain valid for a period of 30 days.
1.2 On acceptance of the quotation by placing an order within the specified period in paragraph 1.1 above, you will be bound by these Terms and Conditions. Each quotation accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these Terms and Conditions as "an order".
1.3 No addition, alteration, substitution or waiver of these Terms and Conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
1.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this quotation.
1.5 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
1.6 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights.
1.7 These Terms and Conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.
2. Specification
2.1 All goods supplied by us shall be in accordance with the quotation given and any further specifications or descriptions agreed or expressly listed or set out on the face of the order.
3. Acceptance
3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order. If you were not present when the goods were delivered you must notify within 24 hours of the delivery time to inform us of any missing parts or damage to your furniture. Failure to do so will result in your right to replacement for missing parts and/or damage.
4. Product Pricing, Title and Responsibility
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over- payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
4.2 All prices are displayed inclusive of Value Added Tax (VAT) or other applicable sales tax. Furthermore, on the checkout page(s) and all email or paper receipts the VAT or sales tax element will be clearly and separately displayed as part of the total cost of your order.
4.3 We reserve the right to alter all product pricing without notice.
4.4 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and
that payment has been made into our own bank account and your order has been shipped and received by you.
4.5 We are responsible for any loss or damage to any products until you receive them.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an
offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered, nor will a refund be made to any third party card or account.
5.6 Free swatch orders are limited to one per customer. Orders of multiple items will not be fulfilled without special notice.
6. Cancellation Rights, Returns and Refunds
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day after you receive your goods. After notifying us you then have a further 14 working days in which to actually return the goods to us.
6.2 As stated above notification of cancellation must be in writing, either by email or in writing to The Blighty Furniture Company Limited, Unit 2 1622 Bristol Road South, Rednal, Birmingham B45 9TY. We will acknowledge receipt of your cancellation request. Please note - a telephone call is not a valid cancellation.
6.3 No right of cancellation, refund or return exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason.
6.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective. We must be informed within 24 hours of receiving your delivery of any defects to your goods.
6.5 No right of cancellation exists for bespoke goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
6.6 Please observe the following procedure for all returns to us:
6.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
6.6.2 If you are returning your product because it is defective, please state the defect or defects.
6.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately, we will be unable to issue a refund where the product is in an incomplete state.
6.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
6.8 Unless the product purchased is stated by us on our website as qualifying for free returns you are responsible for paying any postage or shipping costs incurred when returning the product.
6.9 You are liable for the cost to return your goods. Most furniture items will be collected by us on our vehicles. At peak business times we might use a third-party delivery company to collect your goods.
6.10 Return Delivery charges as follows
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Bistro Set £90
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Dining Table, 4 Chairs £190
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Dining Table, 6 Chairs £220
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Dining Table, 8 Chairs £220
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Dining Table, 12 Chairs £220
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2 Seat Sofa Set £190
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3 Seat Sofa Set £190
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Small Corner Dining Set £190
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Large Corner Dining Set £300
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Corner Sofa Unit £250
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Sun Lounger/Storage Box £160
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Parasol/Side Table £40
6.13 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection may be passed on to you.
6.14 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
6.15 Subject to the above, we will refund the purchase price of a returned product within 21 days of receiving written notification of your intention to return the product as long as we have been able to arrange a suitable date for collection and the goods are back in our care. Where we have not actually received the returned item we will need proof of actual postage prior to issuing a refund.
6.16 We will refund the cost of postage incurred returning a product, if incorrectly sent by us. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
7. Damage in Transit
We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 24 hours of delivery.
8. Force Majeure
8.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
8.2 For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
8.3 Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
9. Warranties
Emelda Grace furniture is offered with comprehensive warranties as follows
Synthetic Wicker (Rattan) furniture: 3 Year Limited Warranty Rope Weave furniture: 3 Year Limited Warranty
Premium Cushions & Fillings: 1 Year Warranty
UK Made Furniture: 10 Year Warranty
UK Made/All-Weather Cushions & Fillings: 5 Year Warranty
All items sold as Clearance and/or Ex Display are sold As Seen and without warranty unless otherwise stated on the sales agreement/invoice.
10. Exclusions
10.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of £10,000,000 (Ten Million Pounds)
10.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
10.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given us written notice within 21 days of the occurrence and given us or our insurers every facility to investigate such occurrence.
11. Complaints
We endeavour to respond to all customer complaints or queries within 24 hours. We ask you make your initial complaint by Phone on 0333 360 1415 or by using the Contact Us Form on our website. A senior member of the team will then get back to you to better understand what your complaint is and what we intend to do to resolve it for you.
12. Defects and Delays
12.1 The Supplier will not be responsible for defective Products and/or Services where caused by the negligence or poor workmanship of third-party contractors not employed by the Supplier.
12.2 Where the Supplier has completed the Works and the Customer is unhappy with the results the Customer shall inform the Supplier and allow the Supplier up to 30 working days to further correct and complete the Works.
12.3 Where the Supplier is still unable to satisfactorily complete the Works the Customer shall be entitled to a partial refund or reduction as fair compensation for the incomplete Works.
12.4 Where the Supplier is late completing the Works and it can be shown that this directly due to the actions (or inactions) of the Supplier the Customer shall be entitled to a partial refund or reduction to fairly compensate for the delay.
13. Arbitration
13.1 Where the parties to this Agreement are in dispute for a period of more than 30 days and cannot resolve the dispute either party may refer the dispute to arbitration as detailed below.
13.2 The parties to this Agreement agree that they can use any industry body to act as Arbitrator in the event of an unresolved dispute being referred to them.
13.3 The party referring the dispute to the Arbitrator shall inform the other party in writing at the same time as referring the dispute. 13.4 Both parties will continue to operate and honour the terms of this Agreement while the arbitration process is ongoing.
13.5 The decision of the Arbitrator is final and binding on the parties unless the decision is overruled in further arbitration or in a court of law.
13.6 The Arbitrator will also decide on the arbitration costs to be borne by the parties.
14. Cancellation and Cooling Off Period
14.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (and any other relevant legislation). Where this Agreement is concluded at the Customer’s home or office (either as a result of a solicited or unsolicited visit by the Supplier) the Customer has an initial minimum statutory 14 days “cooling off” period. This allows the Customer 14 days in which to change their mind and cancel the Order.
14.2 Subject to paragraph 14.1 above the “cooling off “period for the purposes of this Agreement is 14 days.
14.3 Furthermore for the purposes of this Agreement the Customer may cancel the Order within the “cooling off” period where the
Agreement is concluded at a place other than the Customer’s home or office, such as the Supplier’s office.
14.4 The “cooling off” period runs from receipt of this Agreement by the Customer.
14.5 Notice of cancellation by the Customer must be given to the Supplier in writing.
14.6 The Supplier reserves the right to retain monies or seek payment for all reasonable costs incurred in respect of the Order where the
Customer has specifically requested in writing that goods or services be supplied within the initial “cooling off” period.
14.7 The Supplier will not supply any goods or services during the initial cooling off period unless a specific written request is received from the Customer to do so.
14.8 If the Customer seeks to cancel the Order outside the cooling off period stated in paragraph 14.2 above the Supplier reserves the right to retain any monies paid by the Customer to cover all reasonable expenses incurred by the Supplier.
14.9 If such retained monies do not cover the reasonable expenses incurred by the Supplier the Supplier reserves the right to seek additional payment from the Customer to cover these reasonable expenses.
Emelda Grace | Document Title: Sale of Goods T&C’s. Author: Pham. Last Review: 24/07/2023. Next Review: 23/07/2024