These conditions apply to the sale of goods by The Chaise Longue Company ("the Company") and can be varied only in writing signed by a Director of the Company. The Laws of England shall apply to this Agreement.
1. Payment Terms Goods must be paid for in full prior to Delivery or collection in a form and at a time acceptable to the Chaise Longue Company. A minimum deposit of 50% of the total order value is payable on order. The balance plus storage fees (if any) will be payable on notification by the Company that the goods are ready for Delivery or collection. Cheques require a minimum of five working days for clearance prior to the release of goods for Delivery or collection.
2. Specification Every effort will be made to supply goods to sample size and colour. Due to our Products being 'hand-made', the photographs on our web-site are for illustrative purposes only and may not exactly match the product itself or its colour or the colour of any materials. Photographs or illustrations do not comprise any contractual warranty on our part and you should not rely on them as an exact representation of the Products. All measurements shown on our website are approximate. The Company cannot be held responsible for slight variations which may occur. Should any fabric or product not be available the Company will notify the customer and permit the customer to choose an alternative from its then current range of fabrics and Products. In the event that the fabric or product ordered differs in price from the replacement, an adjustment upwards or downwards of the price will be made and any adjustment will be payable or allowable (as the case may be) in the final payment. In the event that no fabric satisfactory to the customer is available the customer has the right to cancel the contract within seven days of being notified by the Company that the fabric of the customer's original choice is not available and the deposit placed on order shall be refunded.
Choosing a different fabric or altering sizes will change the appearance of the design and the feel of the design’s seating area and therefore cannot be compared to the showroom or website display design.
3. Completion Dates These are approximate only and do not form any term or condition of this Agreement. Every effort will be made to adhere to these estimates but the Company accepts no liability for any direct or indirect loss arising from delay.
4. Delivery All Deliveries are subject to the provisions of this clause. The Chaise Longue Company will undertake the cost of the insurance of the goods in transit of the customer. Customers must ensure that the goods ordered will fit through all doors and that Delivery is otherwise unobstructed and that all valuables are safeguarded from accidental damage. Appointment times are approximate only. In the event of exceptionally difficult Deliveries customers or their agents are required to sign a damage disclaimer. Failure to sign such disclaimer will result in the goods being returned to the Company's warehouse where they will be made available for collection by the customer during normal business hours.
5. Damaged or Defective Goods 5.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect. 5.2 If the goods are found to be either damaged or defective in any way at the time of Delivery, you must mark this on the Delivery Note immediately, which will be provided by the home Delivery team. If damage is discovered after Delivery, you must contact us within 3 days of Delivery of the goods. 5.3 If the goods are damaged, and we are unable to repair the item to manufacturing standards, we will send a replacement item upon confirmation that the damaged item has been collected or has been returned to us. 5.4 If the goods are found to be defective we will refund all monies paid by you for the goods in question (including the Delivery charges) together with any return Delivery charges you may have reasonably incurred if you have undertaken to return the items yourself, in the same form of payment originally used for the purchase as soon as possible.
6. Property of Goods Notwithstanding that the Company may deliver the goods to the customer the property shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the goods and in the event that Delivery may have been made prior to payment by the customer in full the customer shall not hold the goods as the Company’s fiduciary agent and bailee.
7. Fabrics Some fabrics are harder wearing than others and the Company gives no warranty that a particular fabric will suit a customer's intended use better than another. Cleaning instructions for each fabric are contained in manufacturers' sample books which are available for inspection on the Company's premises during normal business hours or on request. Customers own fabric is accepted at the customers’ own risk.
8. Liability Every effort will be made to supply goods of sound workmanship and quality. No subsequent claims for Delivery damage or visible marks can be entertained. Subject as herein contained and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In any event the Company's liability shall not exceed the original value of the goods.
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 This does not include or limit in any way our liability:
for death or personal injury caused by our negligence
under section 2(3) of the Consumer Protection Act 1987
for fraud or fraudulent misrepresentation
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 8.4
9. Cancellations & Returns The Chaise Longue Company will accept cancellations of orders within 7 days once it has been given either in whole or in part. Notification in writing is required. As each item is tailor-made to the customers individual specifications, the Company reserves the right once the furniture has been delivered and accepted by the customer, not to accept returns unless the furniture has been manufactured incorrectly or is damaged or faulty.
10. Import Duties
10.1 If you order Products from our site for Delivery outside the UK, they may be subject to import duties and taxes which are levied at the destination. The customer is responsible for payment of any such import duties and taxes. Please Contact your local customs office for further information before placing your order.
10.2 It is the customers responsibility to comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
11. Changes to the Website The Chaise Longue Company Ltd reserves the right to: a) Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that The Chaise Longue Company or the Site Developers shall not be liable to you for any such change or removal. b) Change these terms and conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
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