All orders are subject to our terms and conditions stated below, these conditions do not affect your statutory rights as a consumer.

Conditions of sale

Definitions

1. "Buyer" means the person or company that buys or agrees to buy the Products from the Seller.

2. "Conditions" means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the Seller.

3. "Delivery date" means the date specified by the Seller when the Products will be delivered.

4. "Products" means the goods specified.

5. "Price" means the price for the products, packing, delivery and VAT where applicable.

6. "Seller" means thefurnitureseller.

7. "Consumer" shall be as described in section 12 Unfair Contract Terms Act 1977.

Applicable conditions

1. These conditions shall not affect the Buyer’s statutory rights as a consumer.

2. The Seller shall sell and the Buyer shall purchase the products in accordance with any written or verbal quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including orders placed using the Seller’s electronic online ordering service, orders placed via the telephone, facsimile, written or other. Any such orders will be subject in any case to these conditions. These conditions 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.

3. Any typographical, 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 if required, without any liability on the part of the Seller.

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.

5. If the Seller is for any reason unable to deliver the goods ordered by the Buyer then all sums paid by the Buyer will be refunded or re-credited to the Buyer’s account and the Seller will notify the Buyer at the address given by the Buyer in the order form and or via electronic mail. A refund will be made as soon as possible and, in any event, within 14 days of the reason becoming apparent. The Seller will not be obliged to offer any compensation for disappointment suffered.

Prices and payment

1. The Price shall be as stipulated in the Seller’s published price list current at the date of 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 upon written notice. If the seller gives notice of a price increase, the buyer shall have the right to cancel the order. The seller must receive notice of cancellation in writing within seven days of delivery of the notice of price increase to the buyer.

2. Payment of 50% of the Price shall be due at the date of the order being placed with the balance being due upon your order being despatched from our warehouse. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of despatch of the goods 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.

3. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above the HSBC base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

The products

1. The quantity and description of the Products shall be as described in the Seller’s order confirmation.

2. The Seller may make any changes in the specification of the Products that 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.

3. Photographs are for illustrative purpose only, and may not exactly match the product itself.

4. Please note that all furniture has variants of colour and we therefore cannot guarantee exact colour matches. Many of our products are made using natural materials that may be subject to some natural defects, shading or colour variations and cannot be viewed as a fault.

Delivery, Returns and Cancellations

1. The Seller or his carrier shall make delivery of the products by notifying the Buyer that the products are available for collection at the Seller’s premises or for delivery to such place as the Buyer may specify at the time the order is placed.

2. The Seller shall use his reasonable endeavours to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence.

3. The Seller shall not be liable for any delay in delivery howsoever caused.

4. All deliveries are free to addresses anywhere within mainland Britain, except to KW, IV, PA, AB, PH, DD, KY, PL, TR, SA, LD, LL, G, EH, DG, TD, ML, and KA postcodes where there will be an additional charge of up to £35.00 per delivery. Addresses within London's Congestion Charge Zone will be subject to an additional £8.00 charge.

5. For orders to be delivered to Eire, Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands the Seller will deliver free to a mutually agreed mainland GB address, (e.g. a port). Onward shipping from that point is the responsibility of the Buyer.

6. Unless agreed by the Seller, where an order contains more than one item, all items will be delivered at the same time once all items are available.

7. Where a delivery date has been agreed with the Seller’s carrier but the Buyer isn’t present to receive the delivery the Seller reserves the right to charge the Buyer a minimum of £50.00 to cover part of the cost of the failed delivery.

8. An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods.

9. If the Buyer is dissatisfied with the purchase for any reason, The Seller must be notified in writing within 7 days of receiving the goods. The Buyer must then return the goods at his own expense within 7 days of receipt or alternatively inform the Seller in writing to arrange for collection of the goods. The Seller will arrange collection at £50.00 per item with sofas and larger items charged at £80.00, additional items are charged at £20.00 each. The Seller will also charge a restocking fee of 30% of the original sale price; the combined cost will then be deducted from the Buyer’s refund. Any money the Buyer has paid will be refunded within 21 days less the cost of returning the goods, provided that the Seller receives the goods in the same condition they were in at the time of delivery to the Buyer and in their original packaging. Items that are not adequately packaged at time of collection by the Seller will not be collected and a charge of at least £50.00 will be levied to cover cost of failed collection. Please note this does not apply to items of leather and upholstery where there is a 50% restocking fee unless the order is cancelled within 7 days of placement and for items that have been made to a specific size or specially commissioned. Such items are clearly identified in its product description.

10. Mattresses can only be returned if they are unopened. Mattresses that have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.

Acceptance of products

1. Other than where the Buyer acts as a Consumer, the Buyer shall be deemed to have accepted the Products 7 days after delivery to the Buyer.

2. After acceptance the Buyer shall not be entitled to reject Products that are not in accordance with the contract.

Title and risk

1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.

2. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received cleared payment in full.

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 that remain the property of the Seller. However if the Buyer does so, all monies owing to the Seller shall, (without prejudice to any other right or remedy on the Seller), immediately become due and payable.

Warranties and liability

1. All goods supplied by the Seller come with a manufacturer’s 12 months warranty.

2. The Seller shall provide the Buyer with any information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer must first contact the Seller.

3. The Seller does not provide any warranty cover against defects in his own right.

4. 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. Insofar as is permitted by law, the Seller’s liability to the Buyer under these terms and conditions will be, at the Seller’s sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by the Buyer in a damaged or defective state or to refund any sums actually paid for the goods in question. The Seller will not be liable to the Buyer for any indirect or consequential loss or damage arising out of any problem notified to us and will have no liability to the Buyer 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 the Seller’s reasonable control. Nothing in this Clause 5 affects the Buyer’s statutory rights as a consumer.

General

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 its reasonable control, including but not limited to strikes, accidents, war, fire, unavailability of raw materials from a natural source of supply. In such an event, the party shall be entitled to a reasonable extension of its obligations.

2. 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 registered premises or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.

Headings

The headings of the Clauses in these conditions are intended for reference only and shall not affect the construction of these conditions. Representations: No statement, description, warranty condition or recommendation contained in any catalogue, price list, or advertisement or communication or made verbally by the Seller or any authorised representative of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions. 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 or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.

Proper law of contract

This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

Correspondence address

“thefurnitureseller” is a trading name of Jali Interiors, an established furniture retail business based in Horsham, West Sussex.

Please address all written correspondence to:

thefurnitureseller

33 Freshwater Parade

Bishopric

Horsham

West Sussex

RH12 1QD 

VAT REG: 909 2827 06