Terms & Conditions
Terms and Conditions
These trading terms and conditions apply to the purchase of any goods or products via this website, you are also directed to our terms and conditions of use of this website and to our privacy policy all of which are applicable to your use of this website and by accessing this website and/or placing an order you agree to be bound by the all terms, conditions and policies set out below. If you do not agree to be bound by any of these terms or conditions you may not use or access this website.
Standard Conditions of Sale
1. Definitions
1.1 "Buyer" means the person who buys or
agrees to buy the Products from the Seller.
1.2 "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.
1.3 "Delivery date" means the
date specified by the Seller when the Products are to be delivered.
1.4
"Products" means those goods specified.
1.5 "Price" means the Seller’s
current full price for the Products including VAT at the time of acceptance of
an Order.
1.6 "Seller" means The Lordship Furnishers and Bedding
Centre
1.7 "Consumer" shall bear the meaning as described in section 9 Unfair
Contract Terms Act 1977.
2. Conditions Applicable
2.1 Nothing in these conditions
shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall
sell and the Buyer shall purchase the products in accordance with any written
and/or electronically communicated quotation of the Seller which is properly
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, 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.
2.3 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 prior notice or any liability
attaching to such error on the part of the Seller.
2.4 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.
2.5 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 or any other consequential losses suffered. If an item cannot be
delivered within the quoted delivery window the buyer will have the option of a
full refund.
3. The Price and Payment
3.1 Save as provided otherwise
herein the Price shall be that as stipulated in the Seller's published price
list current at the date of acceptance of the order of the Products. In
the 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 having first given
written notice to the buyer. If a 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.
3.2 Payment of the full 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.
4. The Products
4.1 The quantity and description of the
Products shall be set out in the Seller's quotation.
4.2 The Seller may make
any changes in the specification of the Products which do not materially affect
their appearance, quality or performance required to conform with any applicable
statutory requirements where the Products are supplied to the Seller's
specification.
4.3 Photographs are for illustrative purpose only, and may
not exactly match the product itself. Photographs do not comprise any
contractual warranty on the part of the Seller and should not be relied upon by
the Buyer as an exact representation of the Products.
5. Warranties and Liability
5.1 All goods supplied by the
Seller come with a manufacturer's warranty of at least 12 months.
5.2 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.
5.3 The
Seller, in its own right, does not provide any warranty cover against any
defects.
5.4 If the Buyer is dissatisfied with a purchase for any reason
they may, within seven working days of delivery, contact the Seller to arrange
collection of the goods at the Buyer's expense. Any money which you have paid,
excluding the delivery cost, 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.
5.5 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.
5.6 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 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.
6.2 The Seller shall use his
reasonable endeavours to meet any date agreed for delivery.
6.3 In any event,
time of delivery shall not be of the essence.
6.4 The Seller shall not be
liable for any delay in delivery howsoever caused.
6.5 Orders over £2000
(including VAT) total value for delivery to addresses within mainland UK are
delivered free of charge.
6.6 Orders over £500 (including VAT) total value
for delivery to addresses within the M25 boundary, are delivered free of
charge.
6.7 Delivery with a total value under £2000 (including VAT) to
mainland UK outside the M25 boundary, does not include free delivery. Such
deliveries will be subject to the delivery charge specified at the time of
ordering.
6.8 The Seller does not deliver outside of Mainland UK.
7. Acceptance of the Products
7.1 Other than where the
Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products
on the 7th working days after delivery to the Buyer.
7.2 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 Risk of damage to or loss of the
Products shall pass to the Buyer upon delivery.
8.2 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.
8.3 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
If the Buyer makes any voluntary
arrangements with its creditors or becomes Bankrupt, goes into provisional or
full Liquidation or any administration orders are made, the Buyer not being a
consumer, the Seller shall be entitled to cancel 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 despite any previous
arrangements to the contrary.
10. Headings & General
10.1 The headings of the
clauses in any terms and conditions or policies are intended for reference only
and not as an aid to the interpretation or construction of such terms,
conditions and policies.
10.2 No statement, warranty (either express or
implied), recommendation, published price or description contained in any
printed or electronic catalogue, advertisement or communication or made verbally
by any of the seller’s employees or agents shall be construed to enlarge, vary
of affect in any way any terms and conditions.
10.3 The Buyer hereby agrees
to fully indemnify the Seller for any loss or additional cost incurred arising
out of any inaccuracy in the data provided by the Buyer; any instructions (or
lack of them) provided by the Buyer; or through any act of default by the Buyer,
it’s servants agents or employees.
10.4 The seller shall not be liable to the
Buyer for any event of Force Majeure, including but not limited to strikes,
accidents, war, terrorism, fire, power supply, plant breakdown or unavailability
of raw materials.
10.5 Any notice required or permitted to be given by
either party to the other under the Sellers terms and conditions shall be in
writing to the addresses contained in any contract formation documentation
and/or to any current URL (e-mail address) of either party.
11. Proper Law of Contract
This Contract shall be
governed by the laws of England and Wales and any dispute, question or remedy
howsoever arising will be determined exclusively by the Courts of England and
Wales.
Terms of Use of this Website
Please read carefully
Your use of this website is subject
to these terms and by using the website you show your agreement to such terms.
If you do not accept our terms, please do not use or view this website.
Alterations
Lordship Furnishers reserve the right, at any
time and without prior notice, to remove or cease to supply any product of
service contained on this website. In the event that such removal takes place we
shall not be liable to you in any way whatsoever for such removal.
Applications for Products and Services
Prices, and
details, of products and services (and any offers) posted online are subject to
change without notice. All products and services are subject to availability and
we give no guarantee in this regard. The provision of details of products and
services on this website are not, and should be construed as, a binding and
conclusive offer to sell or buy such products or services by the relevant
company. The company advertising the products and services concerned may accept
or reject your offer at its sole discretion.
Commercial Use
This website is for both commercial
(companies) and non-commercial (personal) use only. The products and services
contained on this website may be supplied on a commercially on the basis that
the commercial user clearly identifies all the Terms and Conditions upon which
we trade to their clients and by using this site the commercial user warrants
that their client consents to the relevant Terms and Conditions (in so far as
that "client" provides personal data which, by using this website the commercial
user consents to our processing such data in accordance with these Terms and
Conditions and our Privacy policy).
In the event that you use any of the products or services contained on this website for commercial use, then we shall be entitled to charge you at our rates from time to time in force and previously notified to you in respect of such commercial use.
Copyright
The copyright in the material contained in this
website belongs to Lordship Furnishers or its licensed source. For the purposes
of a transaction with us any person may copy any part of this material, subject
to the following conditions:
- The material may not be used for any commercial purposes;
- The copies
must retain any copyrights or other intellectual property notices contained in
the original material;
- The products and technology or processes described
in this website may be subject to other intellectual property rights reserved by
Lordship Furnishers or by other third parties (and no licence is granted in
respect of those intellectual property rights);
- Images and logos on this
website are protected by copyright and may not be reproduced or appropriated in
any manner without the written permission of their respective owner(s).
Changes to Terms and Records of Agreements
We reserve the
right to change these terms and conditions at any time by posting changes on the
website. It is your responsibility to review the website terms and conditions
regularly to ensure you are aware of our latest terms and conditions. Your use
of this website after a change has been posted will be deemed to signify your
acceptance of the modified terms and conditions. We recommend that you print off
and retain for your records a copy of these terms and conditions from time to
time and a copy of any terms and conditions relating to any product or service
which you apply for on-line, together with any related application and/or
proposal form duly completed and submitted to us (and received by us). Any
amendment to any terms and conditions must be agreed in writing by us, or, if
appropriate, by the relevant company with whom you contract.
Disclaimers
Whilst we have taken care in the preparation
of the contents of this website, this website and the information, names,
images, pictures, logos, icons regarding or relating to us or the products and
services, are provided on an "as existing" basis without any representation or
endorsement being made and without any warranty of any kind, whether express or
implied, including but not limited to, any implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility,
security and accuracy. To the extent permitted by law, all such terms and
warranties are hereby excluded. In no event will we be liable (whether in
contract or tort, including negligence or breach of statutory duty or otherwise)
for any losses sustained and arising out of or in connection with use of this
website including, without limitation, indirect or consequential losses, loss of
profit, loss of data or special loss.
We do not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person or party (including but not limited to any third party) on the information contained herein.
We do not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws or any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Headings
Headings used in these terms and conditions are
for convenience only and shall not affect their interpretation.
Jurisdiction and Law
Unless otherwise specified, the
products and services described in this website are available only to UK
residents (excluding the Channel Islands and Isle of Man). The information on
this website is not directed at anyone other than UK residents and applications
from others will, unless otherwise stated, not be accepted. We make no
representation that any product or service referred to on the website is
appropriate for use, or available in other locations. The information and other
materials contained in this website may not satisfy the laws of any other
country and those who choose to access this site from other locations are
responsible for compliance with local laws if and to the extent local laws are
applicable. The phone numbers provided only apply to phone calls made from
within the UK.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
Links to other websites
Certain (hypertext) links may
lead you to websites that are not under the control of Lordship Furnishers. When
you activate any of these links, you will leave our website and we have no
control over and will accept no responsibility or liability in respect of the
material on any such other website. By allowing links with third party websites
we do not intend to solicit business or offer any security to any person in any
country, directly or indirectly.
Monitoring of Phone Calls/Emails
Entirely subject to our
Privacy Policy, telephone calls using the telephone numbers provided on this
website and email correspondence with us at the email addresses accessible
through, or discernible from, this website may be recorded or monitored. By
using such communication methods you are consenting to the recording or
monitoring of the same.
Product Terms and Conditions
If you apply for any product
or service detailed on this website, these Terms and Conditions should be read
in conjunction with our Trading Terms and Conditions and, in the event of any
contradiction between these Terms and Conditions and our Trading Terms and
Conditions relating to such product or service, the latter shall prevail. For
the purposes of all of our Terms and Conditions, "product(s)" and "service(s)"
shall not include, without limitation, any representation and/or warranty and/or
advice as to the suitability and/or fitness for purpose of either for the user's
express and/or implied purpose.
Trademarks
The images, logos and names on this website
identify Lordship Furnishers. Nothing contained in this website shall be deemed
to confer on any person any licence or right on the part of the companies
mentioned or any third party with respect to any such image, logo or name.
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