TERMS AND CONDITIONS
1. BASIS OF SALE:
1.1 These Terms together with any information set out in the order placed by you with us (Order) set out the whole agreement between you and us for the sale of any goods ordered by you from us (Goods). Please check that the details in these Terms and the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorized employees and agents. Please ensure that you read and understand these Terms before you commit to the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 1.5.
1.2 Any samples, drawings, descriptions, illustrations or advertising we issue, and any descriptions or illustrations contained on our website (including but not limited to information or illustrations relating to the colour of Goods), are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of Goods.
1.3 If any of these Terms are inconsistent with any term set out in the Order then unless otherwise stated, these Terms shall prevail.
1.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
1.5 These Terms shall become binding on you and us on the earlier of delivery of the Goods to you or when we issue you with written acceptance, either by post or email of the Order (Order Confirmation), at which point a contract shall come into existence between us.
1.6 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
1.7 If (at our sole discretion) we allow you to you amend or cancel an Order (other than cancellation pursuant to clause 1.8 below), your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, including but not limited to any credit card charges incurred by us or the cost of any delivery or return. Where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
1.8 Subject to clause 1.11 below, if you are a consumer within the European Union and you place an Order from our website or by telephone, email or mail order and the Goods are delivered or are to be delivered to a country within the European Union, you have additional rights under the Distance Selling Regulations and may cancel your Order at any time until the expiry of 14 working days starting from the day after you receive the Goods. You must provide us with written notice of cancellation either by post (to the address set out in the Order Confirmation) or email to firstname.lastname@example.org Unless we agree otherwise, you will be responsible for returning the Goods to us at your cost. If we agree to collect the Goods, we will do so at your cost and will deduct the cost of return from any refund due to you. We will refund the cost of the original delivery to you. Goods must be returned in their original unopened packaging, unused, unassembled and in a re-saleable condition. Credit shall not be given for goods received damaged. The buyer shall unless otherwise stated be responsible for the cost of the return carriage of all goods returned.
1.9 To cancel your Order under clause 1.8 you must make a clear statement to us (by telephone, email in writing) that you wish to cancel. You may use the model cancellation form attached to the end of these terms and conditions but you do not have to. Unless we agree otherwise, you will be responsible for returning the Goods to us at your cost. If we agree to collect the Goods, we will do so at your cost and will deduct the cost of return from any refund due to you. We will refund the cost of the original delivery to you (by the least expensive delivery method we offer). Please return all Goods in their original packaging.
1.10 We are permitted by law to reduce any refund payable under the Regulations to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
1.11 If you are a consumer and we supply Goods to you made to your specification (including Goods supplied in non-standard colours or sizes where we inform you that these are non-standard before you place the Order) or personalized in any way or if you unseal any Goods which are sealed for hygiene reasons (e.g. mattresses), you will not have any cancellation rights under the Regulations and the provisions of clauses 1.7 and 6.4 will apply to your Order
1.12 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
1.13 If you wish to make any changes to the Order you must notify us in writing by email.
2.1 If the Goods are delivered to a country within the European Union, we warrant that on delivery and for a period of 5 years from the date of delivery (the “Warranty Period”), the Goods shall:
a) be of satisfactory quality;
b) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods or for any purpose which you have specifically made known to us;
c) be free from material defects in design, material and workmanship; and
d) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights as a consumer in relation to Goods which are faulty or which otherwise do not conform with these Terms. In particular we are under a legal duty to supply Goods that are in conformity with the Order. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
2.2 Unless you are a consumer then except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
2.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions or any manufacturer’s instructions provided with the Goods, or any alteration or repair you carry out without our prior written approval.
2.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
2.5 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms save that the Warranty Period shall commence from the delivery of the original Goods.
3.1 We will notify you of an estimated lead time and an indication of an estimated delivery timescale by email or post with the Order Confirmation. On or around the expiry of the estimated lead time we will notify you that the Goods are ready and we will deliver the Goods to you within seven calendar days of the date on which we notify you that they are ready.
3.2 Any delivery date given at the time of the Order is an estimate only. We will not confirm a delivery date until the Goods are in stock and ready for delivery. If you are consumer then we will deliver the Goods within 30 days of your Order unless we notify you of a later delivery date prior to you placing your Order.
3.3 Delivery of the Order shall be completed when we deliver the Goods to you.
3.4 We will take reasonable steps to meet the delivery date set out in the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
3.5 We will deliver the Goods to you to the address specified by you at the time of the Order (Delivery Address). If you wish to change the Delivery Address you must notify us in writing and you will be liable for any costs that we incur in changing the Delivery Address.
3.6 Goods will be delivered by us or by a courier on a pallet to the kerb-side of the Delivery Address. You will be responsible for ensuring that we have adequate access to the Delivery Address for us to deliver the Goods to you. If adequate access is not provided for us to deliver the Goods then the provisions of clause 3.11 will apply.
3.7 If you fail to take delivery of an Order within one month of the date on which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
a) we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance and any reasonable costs incurred from our courier company for re-delivery of the Goods; and
b) we shall have no liability to you for late delivery.
3.8 Unless otherwise agreed, if you have not taken delivery of the Goods within three months of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
3.9 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this but if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
3.10 If you believe that the Goods have been damaged during delivery, you must inform us within 3 days after delivery.
3.11 Our couriers’ delivery vehicles can be large. You must tell us at the time of placing your order if there is restricted access to the delivery address (for example, if there is a narrow driveway). If you fail to inform us of any such restricted access and our courier is unable to access the delivery address to deliver the Goods we shall be entitled to charge you for the costs of returning the Goods to our premises or (at your request) the costs of re-delivering the Goods in a smaller vehicle.
4. TITLE & RISK:
4.1 The Goods will be your responsibility from the time of delivery.
4.2 Ownership of the Goods will only pass to you when we have received in full (in cash or cleared funds) all sums due to us in respect of:
a) the Goods, including delivery charges; and
b) all other sums which are or which become due to us from you on any account.
5.PRICE & PAYMENT:
5.1 The price of the Goods will be as set out in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
5.2 These prices DO NOT include VAT unless expressly stated. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
5.3 These prices exclude delivery costs, which will be added to the total amount due.
5.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
5.5 Payment for all Goods must be made in advance by BACS, cheque, cash or paypal and where we have asked only for a deposit at the time of your placing your Order, the balance must be paid before we arrange delivery to you.
5.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
6. RETURNS & REFUNDS POLICY:
6.1 If you wish to return Goods to us because the Goods do not conform with the warranty set out at clause 2 or in accordance with clause 3.10, we may require you to send us photographs of the defective goods or any other reasonable evidence that we request. We will collect the Goods on a date agreed between us and once we have checked that the Goods are faulty, we will at our option:
a) provide you with a full refund; or
b) replace the Goods; or
c) repair the Goods.
If you are a consumer, then the Consumer Rights Act 2015 gives you additional rights in respect of faulty Goods which will apply to you in addition to your rights under this clause.
In the event of a refund we will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you are entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and any cost incurred by you in returning the Goods to us.
6.2 When you return Goods to us because you have cancelled the Order in accordance with clause 1.8 above, we will process the refund due to you as soon as possible and, in any case, within 14 days our receipt of the returned Goods (or of proof that you have sent the Goods to us by a reliable courier. Goods must be returned in their original unopened packaging, unused, unassembled and in a resaleable condition. Credit shall not be given for goods received damaged. The buyer shall unless otherwise stated be responsible for the cost of the return carriage of all goods returned
6.3 If we accept the return of the Goods for any reason other than those set out at 6.1 or 6.2 above then we will examine the returned goods and will notify you of your refund within a reasonable period of time. In such circumstances you will be liable for the cost of returning the Goods to us and for the avoidance of doubt no refund of delivery charges will be given.
6.4 If any Goods returned to us are goods which we do not routinely retain as stock items and which have been sourced and/or produced by us specifically to fulfil your Order, such as a special fabric colour, a full refund may not be given when Goods are returned to us pursuant to clause 6.3 or an Order is cancelled pursuant to clause 1.7. A percentage of the price paid for the Goods subject to a maximum of 50% may at our discretion be retained by us to cover any costs incurred by us and any losses we may suffer in re selling the Goods.
6.5 If you are a consumer we will refund any money received from you using the same method originally used by you to pay for the Goods (to the extent possible).
7. LIMITATION OF LIABILITY:
7.1 Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
7.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
a) loss of income or revenue;
b) loss of business;
c) loss of anticipated savings;
d) loss of data; or
e) any waste of time.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
7.3 In addition to clause 7.4 below, if you are a consumer this clause does not:
a) include or limit in any way our liability for losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
b) adversely affect any other statutory right that you have as a consumer including under the Consumer Rights Act 2015.
7.4 This clause does not include or limit in any way our liability for:
a) death or personal injury caused by our negligence; or
b) fraud or fraudulent misrepresentation; or
c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8. IF YOU ARE UNSURE ABOUT RETURNS PLEASE GET IN TOUCH:
We are here to help and we want happy customers.
9. EVENTS OUTSIDE OUR CONTROL:
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (an “Event Beyond Our Control”).
9.2 An Event Beyond Our Control includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
a) strikes, lock-outs or other industrial action; or
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
e) impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Event Beyond Our Control continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under these Terms can be performed despite the Event Beyond Our Control.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to The Drawing Room Design Studio Ltd by email to:email@example.com
We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12,2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 In the unlikely event of you needing to make a complaint you may contact us using our contact details set out above.
12.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.5 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts