|In these Conditions of Sale:
1.1 ”The Goods” means all items forming the subject of the Contract.
1.2. “We”,” Us” and “Our” mean Kingshall Furniture alone or together with you, as the context requires.
1.3. “You” means the person or company using the Site subject to these terms and conditions.
1.4.”The Contract” is a contract for the sale of goods. All contracts of sale made by us shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom we are dealing.
2.1. By accessing the Site, you agree to be legally bound by these terms and conditions. Your purchase of Goods from us whether via the internet or by telephone or fax is governed by these terms and conditions.
2.4. We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supercede all previous publications. All sizes are approximate. We cannot guarantee that colours and details in images are accurate representations of the product.
2.5. All Goods are subject to availability.
3. PRICES & HOW TO ORDER
3.1. Goods are invoiced at the prices ruling at the time of acceptance of an order. Prices shown include VAT which is payable on all goods or services delivered within the EU.
3.2. The Company reserves the right to modify prices in respect of orders which have not been accepted. Where a product is pictured on the website, the price quoted includes only the main product described and not any accessories or additional items shown except where otherwise stated.
3.3. Please add any Goods you wish to order to your online basket by clicking "Add to Basket". You are not committed to any purchase until you have confirmed your order and made payment in full, and even then you have a right to cancel.
3.4. Once you have placed your order by going to the "Checkout", we will acknowledge your order and allow you the opportunity to alter any details. Once you have checked that the details of your order are correct, you must confirm the same to us, provide your customer details and authorise us to conduct the payment transaction from your credit or debit card. You may only authorise a payment transaction from a credit card in your name.
3.5. We will not despatch the Goods until we have received your confirmation, together with full payment (including any delivery charges). We reserve the right not to supply Goods to you and to delay delivery of the Goods, if you are in breach of any of these terms and conditions.
4.1. Subject to availability, we will attempt to deliver the Goods you have ordered direct to the address (where your credit card is registered for first order), within 7-14 days. PLEASE NOTE THAT A VALID FORM OF ID WILL BE REQUIRED ALONG WITH A SIGNATURE ON DELIVERY
4.2. Any time or date for delivery stated by us shall be treated as an estimate only. While every effort will be made to dispatch goods within the timescale quoted, no liability can be accepted by us for failure to deliver within the quoted times or within any specific time period. We shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused.
4.3. If the Goods you order are not available for any reason, we will inform you of the position by e-mail (at the email address provided with your order details). If the Goods are temporarily out of stock, we will ask if you wish to wait for the Goods to become available. Unless you advise us of your wish to do so, we will refund any money debited from or charged to your credit or debit card in respect of the unavailable Goods. The refund will be made as soon as possible and in any case within 30 days of notifying you of the non-availability of the Goods.
4.4. Upon receipt by you, the Goods will become your property and your responsibility and we will not accept any liability for their loss, damage or destruction.
4.5. Non-custom-made goods, unused, undamaged in their original packaging and fully marketable, may be returned and the order cancelled (for any reason) within ten days of delivery with our prior agreement. Most of our products are made-to-order goods of high value. Orders for these goods are considered custom orders which cannot be returned or cancelled.
4.6 For products returned by you, you will be responsible for all costs and expenses (including insurance) of returning the goods to us and for any charges and duties levied on importation and for compliance with customs and excise regulations in all respects on importation and re-export. Your payment will be refunded within 30 days, subject to deduction of any direct costs of transport and insurance incurred by us in relation to the return of the goods, as well as any costs incurred in the original delivery in excess of our standard delivery service, upon receipt of the goods and inspection as to their suitability for re-sale.
4.7. Orders for made-to-order or custom-made goods may not be cancelled and are firm once a deposit is paid by you.
4.8 YOU MUST EXAMINE THE GOODS AS SOON AS YOU RECEIVE THEM. We will accept no liability for shortages or damage to goods unless you note the damage at the time of delivery.
5.1. Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by the you for the goods in question.
5.2. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem that you notify us of and will have no liability to the you 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 our reasonable control.
5.3. You must return any Goods received by you to :
at your own risk and cost, in as good a condition as when they were delivered to you, together with a copy of the relevant invoice.
If for any reason you wish to lodge a complaint, notify us in writing to the above address. We will endeavour to acknowledge your complaint within 3 (three) working days. Please mark your correspondence ‘Complaint’
All goods sold by us are warranted free from defects in material and workmanship. If we receive a written complaint from you in respect of goods found to be defective in respect of materials or workmanship only within 30 days of delivery and after we have had a reasonable time to investigate the same and examine the goods in dispute we shall be entitled at our option to repair or replace the defective goods or refund the purchase price.
8.1. This Site uses a secure hosting service that implements secure sockets layer technology to protect your credit card information. Our accounting department process payments through our own credit card machine. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by e-mail. Any loss you may suffer is entirely your responsibility and we do not have to pay anything to you in respect of those losses.
1. The site is provided on an “as is” basis without making any warranties or representations of any kind with respect to the site or its contents and we disclaim all representations or warranties to the fullest extent permitted by English law. In addition, whilst we make every attempt to ensure the accuracy and completeness of the information contained on the site, we make no representations or warranties about the same.
2. Neither we, nor any of our employees or agents will be liable for damages arising out of or in connection with the use of the site.
3. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. We do not exclude any liability for death or personal injury resulting from our negligence or the negligence of our employees or agents or for our fraudulent misrepresentation.
5. We do not accept any responsibility for viruses and it is your responsibility to scan attachments (if any) to emails we may send to you. Whilst we scan both incoming and outgoing emails for viruses, using current anti-virus software, it is still possible for a virus to become attached to an e-mail’s attachment(s). We are not liable for any damage caused or loss suffered by your failure to scan any attachments for viruses and deal with any such viruses appropriately.
6. We do not endorse, oppose or edit any opinions expressed by users of the Site. We are not responsible for the accuracy or truthfulness of advice or information provided via the Site nor are we responsible for the consequences of acting on such information.
7. We do not endorse any of the persons, companies or organisations that appear on the Site or any of their offerings. If you decide to purchase goods or services directly from any of these persons, companies or organisations, the contract will be directly between you and them. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these persons, companies or organisations.
1. If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions are not affected and will remain in force.
2. English law applies to these terms and conditions and any contract between us and the English Courts have non-exclusive jurisdiction over any disputes between us.
3. No rights or benefits expressly or impliedly conferred by any agreement between us shall be enforceable against the parties to it by any other person or entity.
4. Nothing in this Agreement will make any Party the agent or employee of the other nor will it create a partnership or employment relationship between the Parties. Neither Party has any authority to bind the other in any way.
5. Any failure to exercise or delay in exercising any rights or remedies will not operate as a waiver or prevent any further exercise of them