Terms & Delivery Conditions
This page contains information on the terms and conditions for
purchases from Inspiring Interiors, trading as inspiringinteriors.co.uk.
These terms and conditions apply to the purchase of any goods/
products from Inspiring Interiors's website inspiringinteriors.co.uk.
By accessing our website and or / placing an order you agree
to be bound by all of the terms, conditions and policies set
out below or within the website. Nothing in these conditions
affects your rights as a consumer.
Please read these terms and conditions carefully before placing
your order with Inspiring Interiors. Inspiring Interiors, at
it's discretion, may change, modify, add or remove these terms
and conditions at any time and therefore it is important to read
these each time you make a purchase order.
Contents of the Terms and Conditions:
1. Definitions 2. Application of Conditions 3. Basis of Sale
4. Price and Payment 5. Description of Products 6. Warranties
and Liabilities 7. Delivery 8. Acceptance of the Product(s) 9.
Risk and Title 10. Insolvency of Buyer 11. General 12. Headings
13. The Buyer's Right of Cancellation 14. Proper Law of Contract
15. Limitation of Liability 16. Data Protection 17. Complaints
and Disputes
Standard conditions of sale:
1. Definitions
1.1 "Buyer" means the person who buys or agrees to
buy the Products/ Goods 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 "Seller" means Inspiring Interiors. 1.4 "Delivery
date" means the date specified by the Seller when the Products
are to be delivered. 1.5 "Products" means those goods
specified. 1.6 “ Price” means the price for the products
including a 2.5% credit card usage charge, packing and VAT and
where applicable a delivery charge. 1.7 "Regulations" refers
to The Consumer Protection (Distant Selling) regulations 2000
("The Buyer's right to cancel"). 1.8 "Tailored" means
a Product that is non-standard. 1.9 "Address" refers
to the address for Inspiring Interiors. The address is: Inspiring
Interiors, 64-66 Castle Road, Dover, Kent, CT16 1PA. 1.10 "Consumer" shall
bear the meaning given in Section 12 Unfair Contract Terms Act
1977. 1.11 "Contract" refers to any contract between
the Buyer and Inspiring Interiors for the sale and purchase of
Products incorporating these conditions, whether completed electronically
through this website or via other means. 1.12 "Delivery
Place" refers to the delivery address as specified by you,
the Buyer, in the Order. 1.13 "Order" refers to your
offer, as the Buyer, to purchase Products that you place with
Inspiring Interiors, whether electronically or via other means.
2. Application of Conditions
2.1 Unless otherwise agreed in writing, these Conditions shall
apply to the exclusion of any other terms and conditions. 2.2
Each order that the Buyer places shall be deemed to be an offer
by the Buyer to purchase Products from Inspiring Interiors, the
Seller, subject to these conditions. 2.3 Each order that the
Buyer places shall be deemed to be accepted by the Seller and
will become binding once the Seller issues a Confirmation to
the Buyer or, if earlier, the Seller delivers the Products to
the Buyer in accordance with the delivery terms and conditions.
2.4 If for any reason the Seller does not accept the Buyer's
Order, the Seller will advise the Buyer as soon as practicable.
This will mean that there will be no binding Contract between
the two parties. 2.5 The Buyer must ensure that the details that
he provides the Seller are complete and accurate and that he
provides all the necessary information relating to the Supply
of the Products within sufficient time to enable the Seller to
perform the Contract in accordance with these Conditions. 2.6
Any typographical or clerical 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. 2.7 If any provision of these conditions is adjudged
invalid or unenforceable in whole or part the validity of the
other provisions of these conditions and the remainder of those
provisions in question shall not be affected. 2.8 If the Seller
is not able to supply the Product and payment has already been
made by the Buyer, then following agreement between the Seller
and the Buyer, the Buyer's account will be refunded or re-credited
with the sum paid by the Buyer. The refund will be carried out
as soon as possible, in any event, within 30 days of the order.
The Seller will not be obliged to offer any compensation for
disappointment suffered.
3. Basis of Sale
3.1 Subject to the Buyer's right to cancel the Contract, included
within clause 13, the Seller shall sell and the Buyer shall buy
the Products in accordance with the Confirmation. No Contract
exits between the Buyer and Seller for the sale of any Products
until the Seller has received, processed and confirmed the order
and the Seller has received payment in full, (in cleared funds).
Once the Seller does so, there is a legal binding Contract between
the Buyer and Seller. 3.2 The description of Goods shall be set
out in writing in the Confirmation. 3.3 Any item that is not
the specified Product in the product description on the web page,
and that appears in any photograph or illustration on the website
or in product brochures, will not form part of this Contract.
An example of such items are computers, televisions, and other
pieces of furniture that can be seen in the pictures depicting
the item in question in a natural setting. Such information is
for illustration purposes only and may not comprise part of the
Products. 3.4 Any specifications or advertising issued by the
Seller and any descriptions or illustrations contained within
our website or brochures will not form part of this Contract.
Such information is by way of guidance or illustration only,
and may not bear any relationship with Products. 3.5 The Buyer
shall not be entitled to assign the Contract or any part of it
without prior written consent. 3.6 The Seller may assign the
Contract or any part of it to any person, firm or company.
4 Price and Payment
4.1 The Contract price for the supply of Products shall be as
set out in the Confirmation. 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
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. 4.2 If
the Seller makes an error in the Confirmation or any invoice
or any receipt the Seller will correct that error within 60 days
of being notified of any error. 4.3 Payment of the Price shall
be due on the date of the purchase order. Payment shall be due
before the delivery date and time for payment shall be of the
essence. 4.4 In the instance that payment has not been received
and an order has been confirmed, interest on overdue invoices
shall accrued from the date when payment becomes due on a daily
basis until the date of payment at the rate of 2% above HSBC's
base rate in force at that time. 4.5 No payment shall be deemed
to have been received until the Seller has received cleared funds.
There will be no delivery until cleared funds have been received.
4.6 Payment for the Products and any delivery charges can be
made by any method shown on the Suppliers website at the time
the Buyer places an order. 4.7 Payments shall be made by the
Buyer without any deduction whether by way of set-off, counterclaim,
discount, abatement or otherwise unless the Buyer has a valid
court order requiring an amount equal to such deduction to be
paid by the Seller to the Buyer.
5 Description of Products
5.1 The quantity and description of the Products shall be set
out in the Seller's confirmation. 5.2 The Seller may make 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. 5.3 Photographs provided
on the website are for illustrative purposes only and may not
exactly match the Product itself.
6. Warranties and Liabilities
6.1 The Seller warrants that the Products will correspond with
their specification at the time of delivery and will be free
from defect in quality, material workmanship and condition for
a period of 12 months from delivery, unless otherwise specified
and subject to conditions set out below. 6.2 The Seller shall
not be liable for any breach in warranty clause 6.1 unless: 6.2.1
The Buyer provides written notice of the defect within 3 days
of the time the Buyer discovers or ought to have discovered the
defect; and 6.2.2 The Seller is given reasonable opportunity
after receiving the Buyer's notice of defect to examine the Products
in question and the Buyer (if asked by the Seller to do so) shall
return the Products to the Address at the Seller's cost for the
examination to take place there. 6.3 The Seller shall not be
liable for a breach of the warranty in clause 6.2 if: 6.3.1 The
Buyer makes further use of such Products after giving notice
of the defect to the Seller. 6.3.2 The defect arises as a result
of fair wear and tear, wilful damage, negligence, misuse, abnormal
working conditions or failure to follow our oral or written instructions
as to the storage of use of the Products. 6.3.3 The Buyer alters
or repairs such Products without our written consent; or 6.3.4
The Buyer has not paid the Contract price for the Products by
the Payment date. 6.4 Subject to clause 6.2, if any Products
do not conform with any of the warranty, then within 30 days
of us examining the defective Products, the Seller (at the Seller's
option) will either: 6.4.1 Repair or replace such Products (or
the defective part) free of charge; or 6.4.2 Refund the price
of such Products (or a proportionate part of the price) provided
that the Buyer delivers up the Products for collection (or, if
the Seller so requests and at the Seller's expense the Buyer
return the Products or the part of such Products which is defective
to the Seller at the Seller's Address). 6.5 If the Seller complies
with clause 6.4 the Seller shall have no further liability for
breach of any warranty in condition 6.1 in respect of such Products.
7 Delivery
7.1 Delivery charges are:
0 - 1Kg £3.99
1.1 - 10Kg £6.99
over 10Kg £9.99
The Seller will not deliver to addresses outside
of mainland United Kingdom. 7.2 The Products the Buyer orders
will be delivered to the address specified in the order unless
otherwise agreed in writing by the Buyer and the Seller. 7.3
Dates and times quoted for delivery are approximate only. Delivery
will take place Monday - Friday between 8am and 5.30pm. Where
possible, Saturday deliveries maybe available for a surcharge.
This surcharge will reflect the exact cost of the delivery by
the Seller. The Seller shall not be liable for any direct, indirect
or consequential loss, costs, damages, charges or expenses caused
directly or indirectly by any delay in the delivery of the Goods.
7.4 Generally, where an order contains more than one item all
items will be delivered at the same time once all items are available.
7.5 Where a delivery date has been agreed with our carrier but
the Buyer is not present to receive the delivery, the Seller
reserves the right to charge the Buyer a minimum of £25
to cover the cost of the failed delivery. 7.6 If the Products
ordered by the Buyer are not available or discontinued and the
Seller is unable to deliver them to the Buyer within 60 days
(or any other time limit agreed by the parties), the Seller shall
inform the Buyer of this; cancel the Contract; and reimburse
any sums paid by the Buyer (or which has been paid on the Buyer's
behalf) under the Contract to the person by whom payment was
made no later than 30 days after the due date for delivery of
the Goods under the Contract. 7.6.1 Any liability to the Seller
for the non-delivery of Products shall be limited to replacing
the Products within a reasonable time or issuing a respective
credit note/ refund raised for such Products. 7.7 The quantity
or content of any consignment of Products as recorded by the
Seller upon dispatch shall be conclusive evidence of the quantity
or content received by the Buyer on delivery unless the Buyer
can provide conclusive evidence proving the contrary. 7.8 Time
for the delivery shall not be of the essence. The Products may
be delivered by the Seller in advance of the quoted delivery
date. 7.9 Deliveries made by national carriers will be delivered
by one man and delivered to your front door. 7.10 All goods must
be signed for. We are unable to deliver to unattended premises
or outside of customer addresses. 7.11 We do not accept any blame
or liability for customers removing or disposing of old beds
or mattresses prior to delivery. We do advise that customers
only dispose of old goods after acceptance of the new goods been
delivered. 7.12 Postcode areas AB31 - 38, AB41 - 56, FK19 - 21,
H5, IV1, IV3 - 56 cannot be delivered on a next day basis.
7.13 Deliveries made to business addresses will have the customers
authority for anybody in the building to accept goods on the
customers behalf. Inspiring Interiors will accept no responsibility
once the goods have been signed for at the requested address.
8 Acceptance of the Product(s)
8.1 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. 8.2 After acceptance the Buyer shall
not be entitled to reject Products which are not in accordance
with the Contract.
9 Risk and Title
9.1 Risk of damage to or loss of the Products shall pass to
the Buyer upon delivery. If the Buyer wrongfully fails to take
delivery of the Products, then risk of the Products shall pass
to the Buyer at the time when the Seller tendered delivery of
the Products. 9.2 Notwithstanding any other provision herein
title to the Products shall not pass to the Buyer until the Seller
has received in cash or cleared funds payment in full for the
Products and all other sums which are or which become due to
the Seller from the Buyer on any account. 9.3 The Seller shall
be entitled to recover payment for the Products notwithstanding
that ownership of any of the Products has not passed from the
Seller. 9.4 The Buyer may not use or resell the Products before
ownership has passed. 9.5 The Buyer grants the Seller the licence
at any time to enter any premises where the Products are or may
be stored in order to inspect them, or where right to possession
has terminated, to recover them, and to use reasonable force
in doing so.
10 Insolvency of Buyer
10.1 This clause applies if: 10.1.1 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 purpose
of amalgamation or reconstruction) or 10.1.2 An encombrancer
takes possession, or a receiver is appointed, of any of the property
of assets of the Buyer, or 10.1.3 The Buyer, not being a Consumer,
ceases or threatens to cease, to carry on business, or 10.1.4
The Seller reasonably apprehends that any of the events mentioned
above is a about to occur in relation to the Buyer and notified
the Buyer accordingly. 10.2 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, despite any previous
arrangement or agreement to the contrary.
11. General
11.1 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 of their reasonable control,
including but not limited to strikes, lock outs, accidents, war,
fire, reduction or unavailability of power at the Seller's premises
or its/ suppliers manufacturing plant, breakdown of plant or
machinery or shortage or unavailability of raw materials from
a natural source of supply, import or export regulations or embargoes
(including the failure of the Seller's suppliers to obtain any
necessary export permits licences or other authorisations) and
the party shall be entitled to a reasonable extension of its
obligations. 11.2 Provided that if any event referred to in clause
11.1 continues for a period in excess of 30 days, the Buyer will
be entitled to give notice in writing to terminate the Contract.
11.3 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 Address or in the case of notices to the Buyer, at the Buyer's
address as provided to the Seller. 11.4 Failure or delay by the
Seller in enforcing any provision of the Contract will not be
construed as a waiver of any of its rights under the Contract.
12. Headings
12.1 The headings of the Clauses in these conditions are intended
for reference only and will not affect the construction of these
conditions. 12.2 Representations - no statement, description,
warranty condition or recommendation contained in any price list,
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.
12.3 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 to delay in taking
delivery or through any acts or default on the part of the Buyer,
it's servants, agents or employees.
13. The Buyer's Right of Cancellation
13.1 In accordance with the Regulations the Buyer has the right
of cancellation within 7 days except where a Product is tailored
to customer requirements and without fault. 13.2 To exercise
the Buyer's right of cancellation, the Buyer must give written
notice to the Seller by letter or e-mail giving details of the
Products ordered and (where appropriate) their delivery. Notification
by phone is not sufficient. 13.3 Once the Seller has been notified
of the cancelling of the Contract, the Seller will refund or
re-credit the Buyer within 30 days for any sum that has been
paid or debited from the Buyer's credit card for the Products.
This refund will be subject to a 2.5% surcharge, the cost of
the credit/debit card transaction charged to the Seller by the
Seller's payment processor WorldPay. This charge has been built
into the Price of the Products. 13.4 If the Buyer does not cancel
the Contract in accordance with clauses 3.1 and 3.2, the Buyer
shall be deemed to have accepted the Goods (except any manufacturing
faults) and will not be liable to return the Goods to the Seller.
13.5 The buyer must retain possession of the goods until the
cancellation notice has been sent to the Seller within the relevant
time. The Buyer must not use the goods. The Seller will organise
for the goods to be collected on a mutually convenient date and
the Buyer must take reasonable care to ensure that the products
are not damaged in the meantime and are returned in the packaging
and condition they were delivered in.
14. Proper Law of Contract
14.1 The Contract shall be governed by the law of England and
Wales and any dispute, question or remedy however so arising
determined exclusively by the Courts of England and Wales.
15 Limitation of Liability
15.1 The Seller's total liability in Contract, tort (including
negligence or breach of statutory duty), misrepresentation, restitution
or otherwise, arising in connection with the performance or contemplated
performance of this agreement shall be limited to the price paid
for the Products. 15.2 Nothing in these conditions excludes or
limits the liability of the Seller for death or personal injury
caused by the Seller's negligence or fraudulent misrepresentation.
15.3 The Seller shall not be liable to the Buyer for any indirect
or consequential loss or damage (whether for the loss of profit,
loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with this
agreement.
16. Data Protection
16.1 The Seller will take all reasonable precautions to keep
the details of the Buyer's order and payment secure but unless
the Seller is negligent, the Seller will not be liable for unauthorised
access to information supplied by the Buyer.
17. Complaints and Disputes
17.1 If the Buyer has a complaint about the Goods or service,
the Buyer should contact Inspiring Interiors, the Seller by:
17.1.1 Post - sent to the Address in the definitions section
17.1.2 Electronic e-mail to design@inspiringinteriors.co.uk 17.1.3
Telephone on 01303 850500. The Seller will try to respond in
writing to the Buyer's complaint within 14 working days of receiving
it.
If you do not agree with our terms and conditions, please do
not use our website.
Inspiring Interiors is a company registered in England and Wales,
Registration number: ???
Registered Office: 39 The Old High Street, Folkestone, Kent
CT20 1RL.
VAT registration number is: ??? |
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