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General Terms and Conditions
These Terms and Conditions govern your use of the FurnitureDepotDirect website ("the Site") and your relationship with FurnitureDepotDirect ("FurnitureDepotDirect", "we/us/our"). Please read the following terms and conditions carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not register for or use the FurnitureDepotDirect Site.
1. Use of the FurnitureDepotDirect Site
The FurnitureDepotDirect Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the FurnitureDepotDirect Site you agree to be bound by these Terms and Conditions.
These terms and conditions do not affect your statutory rights.
2. Amendments
We may change these terms from time to time and you will be given notice via the email address you provide and/or via a suitable announcement on the FurnitureDepotDirect Site.
Any amendments to these Terms and Conditions will apply to your use of the FurnitureDepotDirect Site and your relationship with FurnitureDepotDirect as soon as we have given the appropriate notice.
3. Contract Formation and Governing Law
There will be no contract between you and FurnitureDepotDirect for the sale from us to you of any product unless and until we have accepted your order by e-mail or telephone confirmation and we have dispatched your order either in full or part. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time FurnitureDepotDirect sends the e-mail to you (whether or not you receive that e-mail). You will be charged for your order on the date of acceptance.
For the avoidance of doubt, any contract will be deemed to have been concluded in Guernsey and English is the only language offered for the conclusion of the contract.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Guernsey and the Guernsey courts have exclusive jurisdiction.
4. International Use
If you choose to access this site from locations outside of Guernsey, you do so at your own initiative and are responsible for compliance with your local laws.
5. Products
Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as is reasonably possible and you will not be charged.
Prices are subject to change without notice. The price you pay is the price in the detailed quote we will provide prior to you confirming the order. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover or are notified of an error in the price of the goods you have ordered before we have accepted your order, we will inform you as soon as is reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is or has been treated as cancelled and you have already paid for the goods, you will receive a full refund. See below for our full conditions of sale that will apply if you place an order with us.
6. Intellectual property
The content of the FurnitureDepotDirect Site is protected by copyright, trademarks, database and other intellectual property rights. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with FurnitureDepotDirect or using this Site as a shopping resource. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the FurnitureDepotDirect Site without written permission from FurnitureDepotDirect.
No licence is granted to you in these Terms and Conditions to use any trade mark of FurnitureDepotDirect. Other product and company names mentioned on this Site may be the trademarks or registered trademarks of their respective owners.
7. Limitations
You represent, warrant, covenant and agree that nothing submitted by you to this Site does or will violate any right of any third party, including copyright, trademark, privacy or other proprietary right.
You further represent, warrant, covenant and agree that nothing submitted by you to us will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comment you make.
You may not use the Site for any illegal purpose whatsoever.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- Any claim by any third party that the use of the FurnitureDepotDirect Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; and/or
- Any claim by any third party that the use of the FurnitureDepotDirect Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
- Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the FurnitureDepotDirect Site by you.
8. FurnitureDepotDirect's liability
The FurnitureDepotDirect Site and the contents of the Site are provided without warranties or guarantees of any kind, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose.
Nothing in this paragraph 8 applies to FurnitureDepotDirect's liability in respect of products sold through us.
The services of the FurnitureDepotDirect Site do not include the provision of computer or other necessary equipment to access the FurnitureDepotDirect Site. We will not be liable for any telephone or other costs that you may incur. You bear any risk associated with the use of the Internet.
The FurnitureDepotDirect Site provides content from other Internet sites or resources and while FurnitureDepotDirect tries to ensure that material included on the FurnitureDepotDirect Site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. FurnitureDepotDirect will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the FurnitureDepotDirect Site. If FurnitureDepotDirect is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the FurnitureDepotDirect Site with any of your equipment, software or telecommunications links;
- Technical problems including errors or interruptions of the FurnitureDepotDirect Site;
- Unsuitability, unreliability or inaccuracy of the FurnitureDepotDirect Site;
- Inadequacy of the FurnitureDepotDirect site to meet your requirements.
To the fullest extent permitted at law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of or the information, content, materials or products included on the FurnitureDepotDirect Site.
Nothing in these Terms and Conditions shall exclude FurnitureDepotDirect's liability for personal injury or death caused by its negligence.
9. Use of Information
We are committed to protecting your privacy. The information we collect will be processed in accordance with our privacy policy, which can be found at Privacy & Security. For the avoidance of any doubt, our privacy policy does not form part of these conditions.
10. Complaints
We aim to provide a positive shopping experience. However in the event that you are not satisfied with the service you receive we will try to resolve your complaint. Complaints should be notified either by phone, fax or email, indicating the nature of the complaint and your preferred contact details. Subject to the rest of the Terms and Conditions, the total liability for any claim howsoever arising shall not exceed the price of the goods supplied to the customer.
11. Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and FurnitureDepotDirect ignores this, FurnitureDepotDirect will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Neither party shall be responsible for any breach of these Terms and Conditions caused by circumstances beyond their control.
These Terms and Conditions do not purport to confer any benefit on any third party.
12. Termination
FurnitureDepotDirect may suspend or terminate this relationship immediately at our reasonable discretion of if you breach any of your obligations under this agreement.
You can cancel this agreement at any time by informing us in writing (including electronic form). If you do so, you must stop using the FurnitureDepotDirect Site.
The suspension or cancellation of this agreement does not affect either party's rights or liabilities.
Conditions of Sale
1. Definitions
In these Conditions of Sale "the company" means Furniture Depot Direct Limited or its assigns; and "the customer" means the person, firm or company purchasing the goods from the Company under these conditions of sale; words importing the masculine gender shall include the feminine and the neuter and words importing the singular shall include the plural and (in each case) vice versa.
2. Acceptance, Variation, Scope
a) No Contract will come into effect between the Company and the Customer until the customer's order has been accepted by the Company in writing. Any such contract shall be subject to these conditons and any attempt by the customer to incorporate other terms and conditions shall be null and void and of no legal effect.
b) No variation of the conditions shall be effective unless made in writing and signed by an authorised officer of the company; at the request of the customer the Company will verify whether any named individual has the requisite authority. Any variations made in this way shall be effective as shall a variation contained in the confirmation issued by the Company of acceptance by it of the customer's order.
3. The Right to Sub-Contract
The Company shall be entitled to sub-contract the performance of the whole or part of the contract with the customer without prior notice to the customer.
4. Availability, Delivery, Storage
a) Acceptance and Completion of an order is subject always to the goods which have been ordered being available and the Company shall be under no liability for delay or non-performance caused either by the goods being unavailable or by any circumstances beyond the Company's control.
b) Time of delivery of the goods is not to be the essence of any contract. Any date for delivery given by the Company is the best estimate that can be made and the Company shall not be liable for any loss or damage (whether direct or consequential) caused by delivery being after the quoted date. Any delay in delivery cannot be used by the customer as grounds for the cancellation of the contract.
c) All goods are sold on the understanding that delivery is accepted by the customer, no more than 28 days after the arrival at the Company's premises. Thereafter a weekly storage charge will be levied at the Company's rates current from time to time.
5. Price
The Company reserves the right to vary the contract price (whether in respect of Sale and/or installation) at any time to take account of:
a) Any increase in the cost price of the goods taking effect before their despatch by the Company;
b) Any alteration made in the specification upon which the contract is based;
c) Any cost for waiting time or other expenses incurred by the company as a result of matters beyond the control;
d) Special deliveries or part deliveries or any variation of the original order made at the request of the customer;
e) Any additional work that is required by any aspect of the state or condition of the customer's premises unless the Company was aware of such aspect when the quotation was given and such aspects were specifically covered in the quotation.
6. Representatives
a) The employees of the Company are not authorised to make oral representations as to the description, quality or fitness for any particular purpose of any goods. If a representation is made or an opinion expressed orally which materially affects the customer's decision to purchase, the customer must ensure that such details are confirmed in writing by a duly authorised officer of the Company so as to form part of the contract; no liability otherwise can be accepted.
b) All descriptions and other information contained in sales literature, advertisements and estimates are based on information received from the Company's suppliers and the Company cannot be held responsible for any innacuracies in their information passed on in good faith.
7. Designs
a) Designs, illustrations, drawings and the like, whether contained in the Company's specifiactions or otherwise must be regarded as approximate representation only. The customer's attention is drawn to the conditions specified on the Company's drawings and specifications. The customer must satisfy himself that the goods are fit for the customer's purpose.
b) Where the Company has undertaken to offer a design service, the drawings shall be the Company's copyright and shall remain the property of the Company until a contract of sale is made between the Company and the customer for a design fee, calculated in accordance with the Company's standard practises, has been paid in full.
8. General Liabilities
Irrespective of any insurance taken out by the company, the customer shall properly inform and advise the customer's own insurers that works are being carried out on the customer's property and ensure that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of the goods or the progress of the work undertaken by the Company and any associated sub-contractor whether the customer be the freeholder, lessee or otherwise in occupation of the property. Unless otherwise expressly agreed the Company is not liable for any injury, death, loss or damage whatsoever of any person or to the works, materials on site or any property of the customer or any third party howsoever or whensoever caused, and the customer shall at all times keep the Company well and truly indemnified from and against all actions, proceedings, costs, claims, liabilities and demands whatsoever which may at any time arise out of or by reason of any such injury, death, loss or damage.
9. Access
The customer agrees to provide unimpeded access for the employees and vehicles of the Company, it's subcontractors and carriers on or into the customer's property for the purpose of delivering goods to the customer or for any related purpose. The Company reserved the right to refuse to make a delivery if access is dangerous or the condition of the site is unsuitable for the delivery and storage of the goods. In these circumstances delivery is deemed to have been made when goods are placed in readiness for despatch and the customer notified.
10. Risk
All goods supplied by the Company are to be at the customers risk from delivery by the Company at the relevant premises.
11. Title
The property in goods supplied by the Company shall not pass to the customer until the full amount payable in respect thereof has been paid; such retention of title shall be no ground for the customer to fail to complete the purchase. At any time after default by the customer in paying for the goods supplied on a demand by the Company any goods for which the Company has not received payment in full shall be returned to the Company. The customer hereby grants to the Company an irrevocable licence to enter on any premises occupied by the customer for the purpose of removing any such goods in any such event. The reasonable costs and expenses incurred by the Company in effecting such removal shall be paid by the customer in full, immediately on demand.
12. Appliances
The Company acts as supplier only for electrical and gas appliances and items which have to be connected to a gas, electricity or water supply. In all cases the Company will position such items so that they may be connected by a fitter approved by the Manufacturer of that item and the States of Guernsey or relevant supply authority. The Company will not be responsible for any fault, defect or operational problem with any appliance supplied and positioned by them. The Company's responsibility will be strictly limited to advising the manufacturer's approved service agent (where practicable) of the appliance type, serial number and installation date and will direct all queries to the manufacturer's approved service agent.
13. Faulty goods and defects
a) The Company will only supply and use materials and goods within the scope of published specifications from the relevant manufacturers or suppliers but the goods are supplied subject to any conditions of sale relating thereto by the relevant manufacturer or supplier. In the event of any materials or goods being faulty, the Company's own financial liability in respect of such faults will be limited to such amount (if any) as it may be able to recover from the Manufacturer or supplier. However (subject to the provisions of sub-clause(d) below, in the event of any item or goods supplied proving defective in material or workmanship the company will (at its option) repair or replace such item free of charge provided that a complaint is made by the customer within a reasonable time after delivery and provided also that, where the goods have been used or fixed, the defect is not such that examination by the customer ought to have revealed it before using or fixing.
b) No responsibility can be accepted by the Company for breakages or shortages unless the goods are signed for as broken or short on the delivery document issued by the Company to its drivers. Any damage occurring to the goods during delivery does not entitle the customer to refuse to accept the consignment.
c) The customer is aware that certain variations particularly in regard to colour, surface finish, graining and dimensions will result with the raw materials used and the way in which they are processed, and shall not be entitled to hold the Company responsible for any such variations.
d) The Company will not under any circumstances be obliged to accept the return of tiles or other wall or floor fittings for credit due to colour shading or other technical problems.
e) The Company cannot accept any responsibility for defects that arise as a result of the site where the items are fitted or stored, being or becoming unsuitable or where the items are subjected to excesses of heat or damp after delivery. For example, new plaster in the vicinity of fitted furniture, or the removal of windows or doors thus exposing the furniture to the outside elements is likely to cause movement in the furniture for which the Company cannot accept liability. It is the customer's responsibility to ensure the suitability of his site for storage or fitting.
14. Terms of Payment
a) Terms of Payment shall be such as may be agreed in writing between the Company and the customer but subject to the provisions of sub-clauses(d) and (e) below in the absence of any such written agreement accounts are due and payable immediately on receipt of the invoice in respect thereof.
b) If a customer fails to pay any amount or instalment on the due date the outstanding sum shall carry interest at the annual rate 3% above the London Interbank overnight rate from time to time, calculated on a daily basis, until payment.
c) If it is agreed that the contract price shall be paid by instalments, in the event of a failure of a customer to pay any instalment on the due date, the whole of the balance of that price shall become due and payable forthwith and the provisions of sub-clause (b) above shall, accordingly, apply to the whole of the oustanding balance of the price, without further formality.
d) In the case of death, permanent incapacity, bankruptcy or "desastr", or if the customer does or suffers any act of restraint reasonably indicative of insolvency or is convicted of any criminal offence involving dishonesty, or, when the customer is a limited company, in the case of liquidation or the appointment of a receiver, the outstanding balance of the purchase price of all the goods invoiced and/or delivered by the Company to the customer prior to the date of the relevant event shall immediately become due and payable from the customer to the Company and the provisions of sub-clause (b) above shall, accordingly apply thereto without further formality.
e) On the happpening of any events specified in subclauses (b), (c) or (d) above the Company (in addition and without prejudice to its other rights referred in this clause) will have the right to cancel every contract made with the customer and/or suspend or continue delivery of the goods at the Company's option (even if the goods are to be supplied under R.I.B.A or other similar contract terms) without prejudice to the Company's rights to recover damages for any loss sustained by it.
f) Any discounts agreed by the Company and the customer shall cease to apply if there is any default by the customerof the specific terms agreed. The customer accepts that upon any such default on his part or in the event of collection being ordered by a court, the full amount of the contract price will be payable by the customer to the Company.
15. Instalment Delliveries
Where the goods contracted for are deliverable by instalments each delivery shall be deemed to be the subject of a separate enforcable contract.
16. Laws, Ordinances & Building Regulations
It is the customers responsibility to ensure and satisfy himself that the goods to be supplied comply with all relevant Laws, Ordinances and/or regulations. The Company cannot accept any responsibility or liability relating to or arising from any failure in such compliance.
17. Arbitration
Should any dispute or difference of any description arise between the parties out of or in connection with the interpretation and/or the application of these Conditions of Sale, the same shall be referred to the arbitration of a single arbitrator to be appointed (should the parties be unable to agree upon such appointment within 7 days) by the President or acting President for the time being of the Guernsey Chamber of Commerce, on application being made to him by either party in that regard. The arbitrator thus appointed shall have the fullest powers to hear and determine the said difference or dispute, to make an award, to direct by whom and in what sum the costs of such arbitration shall be paid (including the arbitrator's own fees) and to make such order for the payment of pre-award interest as he considers just. And the arbitrators decision and determination shall be final and binding on the parties. The provisions of the Arbitration (Guernsey) Law 1982, as amended, modified or re-enacted from time to time, shall have effect with regard to such arbitration.
18. Proper Law and Submission to Jurisdiction
a) Any contract between the parties shall be governed by the law of Guernsey.
b) Subject only to condition 18 above, the parties hereby submit to the non-exclusive jurisdiction of the Royal Court of Guernsey. |
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