Terms and Conditions
Definitions
- "Buyer" means the person or company that buys or agrees to buy the Products from the Seller.
- "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.
- "Delivery date" means the date specified by the Seller when the Products will be delivered.
- "Products" means the goods specified.
- "Price" means the price for the Products & packing.
- "Seller" means Home Interiors Direct Ltd
- "Consumer" shall be as described in section 12 Unfair Contract Terms Act 1977.
Applicable conditions
- These conditions shall not affect the buyer's statutory rights as a consumer.
- 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 means. 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.
- Any typographical or 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.
- If any provision of these conditions is adjudged invalid or unenforcabie 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.
- If the Seller is for any reason not able to deliver the goods ordered by the Buyer then any sum paid by
the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address
given by you in your order form and or via electronic mail. The refund will be made as soon as is
possible and, in any event, within 14 days of the reason becoming apparent and the Seller will not be
obliged to offer any compensation for disappointment suffered.
Prices and payment
- The Price shall be as stipulated in the Seller's published price list current at the date of order of the
Products, in any 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. Notice of cancellation must be received in writing by the
seller within fourteen days of delivery of the notice of price increase to the buyer.
- Payment of the Price shall be due at the date of the 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 dispatch
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.
- 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 HSBC rate from time to time in force and shall accrue
at such a rate after as well as before any judgement
The products
- The quantity and description of the Products shall be as set out in the Seller's order confirmation.
- The Seller may make any 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.
- Photographs are for illustrative purpose only, and may not exactly match the product itself.
Warranties and liability
- All goods supplied by the Seller come with a manufacturer's warranty of at least 12 months.
- The Seller does not provide any warranty cover against defects in his own right.
- 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.
- 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 you for
the goods in question. We will not be liable to you for any indirect or consequential loss or damage
arising out of any problem you notify to us and will have no liability to 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 our reasonable control. Nothing in this Clause affects your statutory rights
as a consumer.
Delivery, Returns and Cancellations
- Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products
are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify
at the time the order is placed.
- 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.
- The Seller shall not be liable for any delay in delivery howsoever caused.
- All orders for delivery to addresses within mainland GB will be advised prior to order confirmation.
- For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we
will deliver free to a nominated mainland GB address e.g. a port. Onward shipping from that point is the
responsibility of the customer unless prior arrangement is made and confirmed in writing by the Seller
with such confirmation outlining any additional costs that this service may incurred that will be met by
the Buyer.
- 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.
- Where a delivery date has been agreed with our carrier but the customer isn't present to receive the
delivery we reserve the right to charge the customer a minimum of £150 to cover part of the cost of the
failed delivery.
- An order may be cancelled at anytime between the placement of the order and 10 days prior to
delivery of the goods.
- If the Buyer is dissatisfied with his purchase for any reason he may, within 48hours of delivery,
contact the Seller's customer service department to arrange for collection of the goods at the Seller's
expense. Any money which you have paid will be refunded within 30 days provided that the Seller
receives the goods in the same condition they were in at the time of delivery to you in their original
packaging or similar, items which are not adequately packaged at time of collection will not be collected
and a charge of at least £25 will be levied to cover cost of failed collection. The Buyer shall then be
refunded with the full purchase Price of the goods
Acceptance of products
- Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the
Products 48 hours after delivery to the Buyer.
- After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with
the contract
Title and risk
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the
Seller has received in cash or clear funds payment in full.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any
indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all
moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller)
immediately become due and payable.
General
- 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, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller's premises or
its manufacturing plant, 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.
- 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 office or in the
case of notices to the Buyer, at the Buyer's address as provided to the Seller.
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