Business to Consumer Terms & Conditions of Sale
Standard Terms And Conditions For Sale Of Goods Of Gillmorespace
- 1. DEFINITIONS
- 2. GENERAL
- 3. PRODUCT INFORMATION
- 4. PRICE AND PAYMENT
- 5. DELIVERY SERVICE
- 6. ORDER COLLECTION
- 7. CANCELLATION AND RETURNS
- 8. WARRANTY
- 9. GUARANTEES
- 10. LIMITATION OF LIABILITY
- 11. FORCE MAJEURE
- 12. SEVERANCE
- 13. INTELLECTUAL PROPERTY AND RIGHT TO USE IT
- 14. WEBSITE USE AND LINKS
- 15. GOVERNING LAW AND JURISDICTION
- 1 DEFINITIONS
In this document the following words shall have the following meanings:
- 1.1 "Buyer" means the person who buys Goods from the Seller;
- 1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- 1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
- 1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
- 1.4 "Seller" means Gillmorespace Ltd, Unit 22, Torbay Business Park, Woodview Road, Paignton, Devon, TQ4 7HP.
- 1.5 "Terms and 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.
- 2 GENERAL
- 2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- 2.3 Acceptance of sales order confirmation or pro forma invoice of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
- 2.4 These Terms and Conditions are available on request by email from the Seller or can be viewed online at www.gillmorespace.com. The Seller reserves the right to amend the Terms and Conditions from time to time.
- 2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
- 3 PRODUCT INFORMATION
- 3.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
- 3.2 The terms of product finish when applied to any furniture supplied by the Seller may denote colour or finish only and shall not be interpreted to mean that the article concerned is constructed exclusively in that timber or material.
- 3.3 The Seller reserves the right to alter prices or withdraw and modify products from time to time. Products illustrated in all of the Seller's literature and websites are done so as accurately as modern reproduction methods will allow. It is the responsibility of the buyer to check the desired colour match before purchasing, using colour samples which can be purchased via the website or supplied on request. It is also the responsibility of the buyer to check the suitability of the product size before purchasing. All dimensions listed are within a tolerance of +/- 2mm and may vary from batch to batch.
- 4 PRICE AND PAYMENT
- 4.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is in GBP pound sterling inclusive of VAT. All goods are sold ex-works and carriage shall be paid for by the Buyer.
- 4.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
- 5 DELIVERY SERVICE
- 5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller.
- 5.2 Standard delivery is conducted using a third party courier, third party carrier, or Seller's own van. Delivery times vary according to each mode of transportation as detailed below:
- Parcel up to 7 days
- Truck up to 14 days
The mode of transportation is determined by the size of the Goods, and is confirmed on order.
- 5.3 The delivery address specified by the Buyer must be safely accessible by truck between the hours of 09.00 to 17.00 Monday to Friday.
- 5.4 The delivery service is completed by one person (the driver) upto the vehicle tailgate or kerbside. It is the responsibilty of the buyer to ensure vehicle access including suitable parking and the handling of the Goods beyond the vehicle tailgate.
NB. Should the Buyer require additional delivery services which are not covered by the standard delivery terms such as date specific, on site product placement, product assembly and packaging removal either or both of the following two options must be selected by the Buyer during order review/checkout:
'Express Delivery' - for day specific delivery requirments
'Installation Service' - for orders which need to be delivered beyond the vehicle tailgate
A sales representative from the Seller will contact the Buyer to discuss additional delivery services required. These services are priced on application and upon acceptance from the Buyer, such charges will be added to the order.
- 5.5 The delivery period specified by the Seller is an estimate only and shall not be of the essence of the contract. All deliveries conducted by the truck method will be booked in advance by telephone/text/email and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the buyer is not available to take a pre booked delivery, additional delivery charges will apply.
- 5.6 The Seller shall use its reasonable endeavours to meet any stated delivery period or booked delivery date. In any event, time of delivery period or delivery booking shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.
- 5.7 If the Seller is unable to commence delivery of the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- 5.8 If the Seller is unable to complete delivery whilst the Goods are in transit for reasons beyond its control, then the Buyer shall be liable for any wasted delivery expenses incurred by the Seller. The expense charges are typically between £35 and £75 depending on the type of item, but may be higher if the collection location is especially far from the warehouse, the item is especially large, fragile or valuable, or there are multiple items to be collected.
- 5.9 In the event that the Seller is unable to deliver the Goods within the time specified in Clause 5.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
- 5.10 Some Goods may not be in stock at the time the order is placed. In the event that such Goods are ordered by the Buyer payment for such orders will not be immediately collected. The Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order.
- 5.11 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
- 6 ORDER COLLECTION
- 6.1 Orders can be collected by the Buyer between the hours of 09.00 to 17.00 Monday to Friday (excluding Bank Holidays) from Unit 22, Torbay Business Park, Woodview Road, Paignton, Devon, TQ4 7HP.
- 6.2 The Buyer must notify the Seller 48 hours before collection.
- 6.3 It is the responsibility of the Buyer to provide the appropriate vehicle to conduct the collection. If the Buyer is unable to complete the collection of the Goods on the date agreed, then the Seller shall be entitled to place the Goods in storage until such times as collection or delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- 6.4 Title and risk in the Goods shall pass to the Buyer when the Goods are entrusted to it or set aside for its collection, whichever happens first
- 7 CANCELLATION AND RETURNS
- 7.1 The Buyer has the right to cancel an order within 14 days without giving any reason subject to the conditios below. The cancellation period will expire after 14 days from the day on whith the Buyer acquires, or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. Note: Made to order goods, eg Upholstery, cannot be cancelled or returned. To exercise the right to cancel, the Buyer must advise the Seller of their decision to cancel by email or post. When goods have been dispatched, even if they have not yet arrived with the Buyer, the Buyer shall send back the goods without undue delay and they must arrive not later than 14 days from the day on which the Buyer communicates cancellation of their order. It may be possible for the Seller to organise for goods to be collected from the Buyer. The Buyer will have to bear the costs of returning goods or the collection cost, including if the Buyer refuses delivery of the goods that have already been dispatched. The collection cost is typically £35 to £70 but this will depend on the weight of the goods and the location of the delivery point. The goods must be fully packaged in their original packaging.
- 7.2 During the delivery the Buyer shall inspect the packaging for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage the Buyer must clearly mark the goods received as 'damaged' before signing. The Buyer shall then notify the Seller within 24 hours. To avoid ambiguous situations, the Buyer must inspect the Goods immediately upon receipt and shall notify the Seller within 48 hours of delivery if the Goods are damaged or defective. Goods that are defective or that do not comply with any part of the Contract, must be reported to the Seller within 48 hours of delivery with appropriate pictures of any defects. We do not accpet damage claims that may have resulted from mishandling of the product, or during installation. We do not accept damage claims once the product has been moved to a different location from the point of delivery, has been assembled, or has been installed. Any damage must be reported to us before assembly and installation.
- 7.3 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to either collect the faulty Goods and give the Buyer replacment Goods, or the Buyer will do it's best to repair or replace the faulty part. If neither of the above is possible, the damaged/defective Goods will be collected and a full refund for the damaged Goods only (including delivery costs, if applicable) will be made. The Seller will not be held responsible for any loss or costs caused to the customer. Should the reported fault on a returned item be related to incorrect installation of an item, or failure to adhere to assembly instructions, the seller reserves the right to charge a restocking fee for the goods.
- 7.4 Goods to be returned must be fully re-packaged and sealed in the original packaging format clearly showing the order number obtained from the Seller. Please ensure that the persons unwrapping the goods are very careful and keep the inner and outer wrapping of the original packaging intact.
- 7.5 Goods to be returned must be available for the Seller to collect between the hours of 09.00 to 17.00 Monday to Friday at the address of the original delivery.
- 7.6 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
- 8 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
- 9 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
- 10 LIMITATION OF LIABILITY
- 10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
- 10.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- 11 FORCE MAJEURE
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 acts of God, strikes, lock outs, accidents, war, fire, 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.
- 12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
- 13 INTELLECTUAL PROPERTY AND RIGHT TO USE IT
The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller's literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller.
The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content.
Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- 14 WEBSITE USE AND LINKS
- 14.1 Access to and use of the Sellers websites are subject to these Terms and Conditions. The Buyer agrees that use of these website services is entirely at the risk of the Buyer.
- 14.2 By using the Sellers websites the Buyer agrees not to attempt to undermine the website's functionality and integrity
- 14.3 The Sellers websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and the Buyer acknowledges and agrees that the Seller is not responsible for the content or availability of any such sites.
- 15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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