These pages contain information on the terms and
conditions for purchases from Sofas Direct.Com Ltd.
Business Policies
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
|
| |
1.1
1.2
1.3
1.4
1.5
1.6
1.7
|
"Buyer" means the person
who buys or agrees to buy the Products from
the Seller.
"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.
"Delivery date" means the date specified
by the Seller when the Products are to be delivered.
"Products" means those goods specified.
"Price" means the price for the Products
including carriage, packing and VAT.
"Seller" means Sofas Direct.Com Ltd.
"Consumer" shall bear the meaning
ascribed in section 12 Unfair Contract Terms
Act 1977.
|
|
2. Conditions applicable
|
| |
2.1
2.2
2.3
2.4
2.5
|
Nothing in these conditions shall
affect the buyer's statutory rights as a consumer.
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.
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.
If any provision of these conditions is adjudged
invalid or unenforcable 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.
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 your account and the Seller
will notify you at the address given by you in
your order form. The refund will be made as soon
as possible and, in any event, within 30 days
of your order and the Seller will not be obliged
to offer any compensation for disappointment suffered. |
|
3. The price and payment
|
| |
3.1
3.2
3.3
|
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.
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.
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 Barclays Bank Plc'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
|
| |
4.1
4.2
4.3
|
The quantity and description of
the Products shall be set out in the Seller's
quotation.
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.
Photographs are for illustrative purpose only,
and may not exactly match the product itself. |
|
5. Warranties and liability
|
| |
5.1
5.2
5.3
5.4
5.5
5.6
|
All goods supplied by the Seller
come with a manufacturer's warranty of at least
12 months.
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.
The Seller does not provide any warranty cover
against defects in his own right.
If the Buyer is dissatisfied with his purchase
for any reason he may, within fourteen days of
delivery, contact the Seller's customer service
department to arrange for collection of the goods
at the Seller's expense. Any money which you have
paid will be refunded within 30 days provided
that the Seller receives the goods in the same
condition they were in at the time of delivery
to you. The Buyer's account shall then be credited
with the full purchase Price of the goods. This
credit may be used to buy items from the Seller's
online catalogue. It may alternatively be exchanged
for a refund.
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.
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
|
| |
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
|
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.
The Seller shall use his reasonable endeavours
to meet any date agreed for delivery.
In any event time of delivery shall not be of
the essence.
The Seller shall not be liable for any delay in
delivery howsoever caused.
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.
All orders for delivery to addresses within mainland
GB are delivered free of charge, except to PA,
IV and KW postcodes where there will be a small
additional charge which will be advised prior
to order confirmation.
For delivery to Northern Ireland, Isle of Man,
Isle of Wight, Scottish Islands and Channel Islands
we will deliver free to a nominated mainland GB
address e.g. a port. Onward shipping from that
point is the responsibility of the customer.
Generally, where an order contains more than one
item all items will be delivered at the same time
once all items are available. |
|
7. Acceptance of the products
|
| |
7.1
7.2
|
Other than where the Buyer acts
as a Consumer the Buyer shall be deemed to have
accepted the Products 5 working days after delivery
to the Buyer.
After acceptance the Buyer shall not be entitled
to reject Products which are not in accordance
with the contract. |
|
8. Title and risk
|
| |
8.1
8.2
8.3
|
Risk of damage to or loss of the
Products shall pass to the Buyer upon delivery.
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.
The Buyer shall not be entitled to pledge or in
any way charge by way of security for any indebtedness
any of the Products which remain the property
of the Seller, but if the Buyer does so all moneys
owing to the Seller shall (without prejudice to
any other right or remedy on the Seller) immediately
become due and payable. |
|
9. Insolvency of buyer
|
| |
9.1
9.2
|
This clause applies if:
9.1.1
9.1.2
9.1.3
9.1.4
|
The Buyer makes any voluntary arrangements
with its creditors or becomes subject to
an administration order or (being an individual
or firm) becomes bankrupt, or (being a company)
goes into liquidation (otherwise than for
the purposes of amalgamation or reconstruction)
or
An encumbrancer takes possession, or a
receiver is appointed, of any of the property
or assets of the Buyer, or
The Buyer, not being a consumer, ceases,
or threatens to cease, to carry on business,
or
The Seller reasonably apprehends that any
of the events mentioned above is about to
occur in relation to the Buyer and notifies
the Buyer accordingly. |
If the Clause applies, without prejudice to any
other right or remedy available to the Seller,
the Seller shall be entitled to cancel the contract
or suspend any further deliveries under the contract
without any liability to the Buyer, and if the
Products have been delivered but not paid for
the Price shall become immediately due and payable
that despite any previous arrangement or agreement
to the contrary. |
|
10. General
|
| |
10.1
10.2
|
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.
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. |
|
11. Headings
|
| |
11.1
11.2
11.3
|
The headings of the Clauses in
these conditions are intended for reference only
and will not affect the construction of these
conditions.
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.
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. |
|
12. Proper law of contract
|
| |
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. |
|
|
|
