Terms & Conditions
The Traders Working Chairs & Interiors Ltd (hereafter referred to as The Company) does business with it's buyers under the terms and conditions set forth herein. The Company hereby rejects any terms and conditions contained in any buyer purchase order or other business forms or in correspondence or elsewhere implied by trade, custom, practice or course of dealing unless specifically included or varied in writing by a Partner or other authorised representative of The Company which are different from or in addition to the terms stated herein. "Buyer" means the person or company whose order for the goods is accepted by The Company "Goods" means the goods (including any instalment of the goods or any parts for them) which The Company is to supply in accordance with these conditions. Any reference in these terms and conditions to singular includes plural.
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1. ACCEPTANCE OF ORDERS
a) All orders for home office furniture or office furniture of any type are subject to the approval of The Company.
b) In making a purchase from The Company be it via the website or other means, the buyer is deemed to have read and fully accept the Terms & Conditions set herein.
c) Upon an order for goods being made, The Company will process the order. At such time, The Company may incur fees which are non refundable from their suppliers, therefore it is important that the Buyer understands and accepts that any order that is subsequently cancelled by the Buyer or, an attempt from the Buyer to recover or cancel their payment, will result in the Buyer being responsible for the repayment to The Company for any costs incurred by The Company in the processing of that order.
2. CANCELLATION RIGHTS
(Domestic consumers only)
a) Except with made to order products, private domestic customers have the statutory right to cancel the Contract up to seven working days from the day after either the customer received the goods or they received the written information, whichever is later and receive a refund accordingly. To cancel within this period, please inform The Company in writing, preferably by email. The customer will be responsible for paying the full cost of the return postage.
b) Goods being returned should be unassembled, unused, undamaged and in a re-saleable as new condition and must be returned securely sealed in their original packaging. We strongly advise that returns made by the Buyer are adequately insured during the return journey. The condition of any returns will be considered when calculating due refunds or re-orders.
c) The Buyer will receive their refund for the returned goods within 30 days of the cancellation. If the Buyer fails to return the goods following cancellation, The Company shall be entitled to deduct the cost of recovering the goods from the Buyer.
3. GENERAL TERMS OF PAYMENT & FINANCIAL REQUIREMENT
a) Terms are generally net 21 days from the date of the delivery for Buyers to whom The Company extends credit, except where otherwise agreed in writing by The Company. The Company reserves the right from time to time at its discretion to allow a settlement discount for early payment only when expressly stated. In the case of the Buyer cancelling bespoke or made to order goods either complete or in the process of manufacture, the Company reserves the right to pass on all charges to the Buyer that are sought by the manufacturer to the Company in that respect. Time of payment shall be the essence of all contracts between The Company and Buyer to which these Terms and Conditions apply.
b) A LATE CHARGE OF THREE (3%) PERCENT OVER BASE RATE WILL BE IMPOSED ON ANY PORTION OF AN ACCOUNT NOT PAID WITHIN THE TERMS STATED ON THE INVOICE at the discretion of The Company. However, if this rate exceeds the maximum rate permitted under applicable laws or regulations, the rate shall be reduced to the maximum allowable rate.
c) The Company may offer special payment and/or shipment terms. In such event these special terms shall supersede the general terms payment and/or shipment, provided that such special terms are fully stated in a The Company invoice, signed by an authorised representative of The Company and such invoice is accepted by The Company.
d) If a Buyer shall commit any material breach of it's obligations hereunder or shall commit an act of bankruptcy or (being a corporation) shall go into liquidation other than for the purpose of reconstruction or amalgamation or shall suffer the appointment of a receiver or any of his or its property or make a deed of arrangement with or composition for the benefit of any of his or its creditors, or if in the opinion of The Company, Buyers credit becomes impaired, The Company shall have the following rights and remedies in addition to any other rights and remedies provided by application of law. i. All sums shall become immediately due and payable, notwithstanding any credit terms previously in effect. ii. The Company may refuse any order placed by the Buyer. iii. The Company may cancel any accepted orders or delay shipping of any order. iv. If credit previously has been extended The Company to Buyer and The Company elects to make further sales to Buyer, The Company may require payments on a C.O.D. or cash in advance basis v. In the event collection of sums due from Buyer to The Company is referred to lawyers or debt recovery agents for which The Company is insured or if proceedings are brought to collect such sums or to enforce the rights of The Company, Buyer agrees to pay all costs and reasonable fees incurred in any proceedings or appeal and in executing any judgment. vi. Buyer agrees that it has read the disclaimer of Implied Warranties and Limitations on Damages contained in the Terms & Conditions of Sale, that they have been explicitly negotiated and that they have become part of the basis of its bargain with The Company.
e) The Company have the right to change its financial requirements at any time.
4. RETURNS, REPLACEMENTS & WARRANTIES
a) Products should only be purchased from our website if you are absolutely sure that you want the goods you have ordered. Unless by special prior arrangement we do not accept products to be purchased on trial. Unless by prior consent in writing from us, returns will not be accepted once goods in any part have been removed from their delivery boxing, if any protective packaging has been removed or if assembly has been started or attempted. This includes where goods have been installed by our representatives.
b) Notification of claims for adjustment on short or otherwise unsatisfactory goods due to fault of The Company or their supplier must be received by The Company in writing within three working days (Monday to Friday) of delivery date otherwise goods will be deemed to have been accepted by buyer. In such situations, The Company shall have the right to pass the matter to their supplier whom may examine the applicable goods and delivery records at the Buyers location.
c) Defective goods should be reported to us in writing without delay and will be accepted for replacement or credit only with prior authorisation from The Company. The buyer accepts that if The Company or a supplier to The Company prefers to replace any damaged or failed components as opposed to returning the goods for refund, then this will be the agreeable arrangement. If a refund is sought however, the decision to offer such lies with wholly with The Company and not with the buyer. Goods which are accepted for return are not to exceed the quantity authorised. Credit will be issued only after goods are inspected and approved and will be based on Buyer's cost for the goods in question, less any costs such as handling, transport and repackaging as deemed by The Company.
d) PROOF OF DELIVERY REQUESTS MUST BE MADE IN WRITING within 90 days of order. Suppliers to The Company will not supply signature proof of delivery details after this time, and are not accountable for any losses or damages reported outside of our specified time requirements.
e) Any goods being returned to The Company or their suppliers will be at the buyers expense unless The Company accept such costs beforehand by a Top Office Furniture representative. All returns must be in their original packaging with reasonable efforts made to ensure they are suitably protected from transit damage and securely sealed. The condition of any returns will be considered when calculating due refunds or re-orders. A 15% charge will be made for returned goods or a re-stocking fee of £40 per carton whichever is the greater.
f) All products are sold with a minimum manufacturers warranty of one year. The Buyer shall in the first instance contact The Company's customer service department in writing regarding any fault without delay to ensure cover under guarantee. The Company does not itself provide any warranty cover against defects however in the event of a claim, we shall either provide a communication service between ourselves and our suppliers on our customers behalf or, we shall offer the Buyer direct contact information with our supplier to make their own claim under any accompanying warranties. Unauthorised repairs or interference with any products sold by us without our written consent will render warranties and guarantees invalid. We reserve the right to make a charge for any call out where the product is found to be functioning correctly as designed and the call out deemed unnecessary. Warranties / Guarantees are not transferable. Items purchased for delivery off the UK mainland lose any guarantee or warranty cover unless requested specifically and offered by us in writing before purchase. Replacements in whole or part have a three month guarantee.
5. DISCLAIMER OF IMPLIED WARRANTIES & LIMITATIONS ON DAMAGE
a) The Company aggregate liability, if any, to buyer whether for negligence, breach of contract, misrepresentation or otherwise shall not in any circumstances exceed those costs of the defective goods which gave rise to such liability in the respect of any occurrence or series of occurrences.
b) Subject to this condition 4: i. All conditions and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded save for liability for death or personal injury caused by negligence. ii. The Company shall have no liability for any indirect or consequential losses or expenses suffered by the Buyer, howsoever caused, and excluding without limitation loss of anticipated profits, good will, reputation, business receipts or contracts or losses or expenses resulting from third party claims.
Prices where possible are given as complete and do not incur any other charges unless:
a) A remote delivery charge is incurred where classified as such by the couriers.
b) Taxes such as Vat has not been included.
c) If buyer requires additional services such as fitting or installation or any other agreed service quoted for by a Partner of The Company to a previously agreed cost which will be added to invoice wherever applicable. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as 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 you cancel and you have already paid for the goods, you will receive a full refund.
7. PRICE CHANGES
a) The Company shall have the right to reduce or increase prices to Buyer at any time without prior notice, except with respect to orders, which have been accepted prior to such price modification. b) If the buyer has requested or been granted a price discount to the regular shown website price or, if the buyer selects to purchase goods from the Special Offers area of the website, the products concerned will only carry a one year guarantee unless otherwise stated in writing.
8. PRODUCTS AND POLICIES
a) The Company may at any time, add, change or cease making available any goods without prior notice to Buyer, and Buyer shall have no claim against The Company for failure to furnish goods of the type previously sold.
b) The Company may at any time change warranty without incurring any liability to Buyer.
c) Product colours may change by us adding or removing options available. Website images cannot reflect the true shades and colours of the actual product and are only offered as a guide and should not be considered as accurate. d) Dimensions, where shown in an items description are approximate and offered for guidance only. As manufacturers can have a tolerance of up to +/- 2.5 cm. we will not therefore be held responsible for any measurement proving to be inaccurate unless we view such as being grossly different to those given.
9. GENERAL TERMS OF TRANSPORT
a) The Company may make partial transport of Buyer's orders on account, which transports may be separately invoiced and shall be paid for when due, without regard to subsequent transports. Delay in transport or delivery of any particular instalment or delivery of faulty goods in any one instalment shall not entitle the Buyer to repudiate the whole contract nor relieve buyer of his obligation to accept and pay for the remaining instalments.
b) Risk or loss or damage in transit will be borne by the party paying freight charges. Any goods received damaged in transit must be signed for as damaged.
c) The Company shall endeavour to make deliveries within a reasonable time. HOWEVER, The Company SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL OR OTHERWISE FOR FAILURE TO FILL ORDERS, DELAYS IN DELIVERY OR ANY ERROR IN THE FILLING OF ORDERS.
d) Time of delivery shall not be of the essence in any contract to which these Terms and Conditions apply and shall not be made so by the service of any notice.
e) The risk shall pass on delivery to the Buyer f) This website is only for delivery of products to customers on the mainland UK. Unfortunately, unless agreed by prior arrangement in writing from ourselves, International deliveries, or those to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, NI or the Republic of Ireland will not be accepted. Such acceptance will incur postal charges in addition to our normal advertised price. We also reserve the right to request additional fees for delivery to some remote mainland post code areas at our discretion. All goods must be signed for by an adult aged 18 years or over on delivery.
f) It is the buyers responsibility to ensure that goods purchased are not too large to access your delivery address. We reserve the right to leave any goods at the entrance of the premises if access cannot be gained. Any unsolicited returns due to this reason will incur considerable costs.
g) Refused deliveries will be subject to an aborted delivery charge of £25 per carton for each item refused plus a re-stocking fee of £25 per carton.
h) Standard deliveries are generally made on weekdays between 8am and 6pm. Missed deliveries due to customer not being in or answering door can be charged up to £50 depending on product/supplier.
i) General deliveries will only be made to the door or ground floor level of any premises and larger or palletised deliveries may be to kerbside only dependant on carrier. k) Products listed as being a next day delivery item are subject to stock availability and applies to working days only Monday to Friday excluding bank holidays and/or periods where our office is closed.
10. SPECIAL DELIVERY SERVICE
Where particularly heavier or ready built products are specifically noted as having a Special Delivery Service, the following delivery Terms will apply in addition to our standard Terms. Deliveries will be booked in by telephone with the carrier in advance so that you know when to expect your consignment. Orders can therefore only be scheduled for delivery if a delivery contact telephone number is supplied. Once a delivery has been booked it is important that you are available, or have made the necessary arrangements to accept the product on the stated delivery date as, In order to keep delivery costs low, only one delivery attempt will be made. If the customer is unable to accept the delivery on the first attempt you must accept that a second delivery charge will be levied. Please note that the courier’s insurance policy only covers them for delivery to your door and does not extend to moving furniture up steps or inside the property. As a result, although the drivers will be of assistance wherever possible to help with the placing of the goods in a ground floor room, we/they cannot be held responsible for any damage caused beyond the threshold. Deliveries are one-man deliveries, so please be aware that the driver may require assistance if access is difficult. In order to keep delivery costs competitive, larger items may arrive on a pallet, especially to outlying areas therefore our customers need to be aware that palleted goods are normally only delivered kerbside, so arrangements of such deliveries will need to be made to take the furniture indoors.
Notwithstanding delivery and passing of risk, the goods shall remain the property of The Company until such time as Buyer shall have paid to The Company the agreed price in full (together with any accrued interest) and all other amounts owed by Buyer to The Company in respect of any other contract for the sale of goods and until such payment Buyer shall hold the goods as Bailee on behalf of and in a fiduciary capacity for The Company and grants to The Company an unrestricted right of access and entry upon any premises in which the goods may from time to time be situated. If the Buyer disposes of the goods before title passes to the Buyer, the Buyer shall be deemed to do so as agent for The Company and shall hold the proceeds of sale in trust for The Company and the Buyer hereby assigns to The Company all the Buyers rights and claims against the Sub-purchaser.
12. FORCE MAJEURE
a) The Company shall not be liable to Buyer for any loss or damage which may be suffered by buyer as a direct or indirect result of the supply of goods by The Company being prevented, hindered, delayed, cancelled or rendered uneconomical by reasons of circumstance or events beyond reasonable control ("force majeure circumstances") including, but not limited to strikes, lockouts, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or Government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workers, material or transport or other circumstances affecting the supply of the goods or of raw materials by The Company normal means or the delivery of goods by route or means of delivery.
b) In force majeure circumstances The Company may at its sole discretion terminate any contract for the supply of goods pursuant to the Terms and Conditions or cancel any delivery of goods to Buyer or may, with the agreement of the Buyer deliver goods at an agreed rate of delivery commencing after any suspension of deliveries.
c) If due to force majeure circumstances The Company has insufficient stocks to meet all of its commitments, The Company may apportion available stocks between its customers at its sole discretion.
The Company shall be entitled to a general lien on all goods and property owned by the Buyer in The Company possession (although the Buyer may have paid the same in full) in satisfaction of the whole or part as the case may be of the unpaid price of any goods sold and delivered to Buyer under contract. The Company shall be entitled to offset any sum or sums owing by it to the Buyer against any sums owed by the buyer to The Company.
If any of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect, whether in whole or part, such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of the Terms and Conditions or the remainder of any part of a Term and Condition affected.
No waiver by The Company of any breach of contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
16. GOVERNING LAW
Any contract to which these terms and conditions apply shall be governed by, and construed in accordance with, English Law and the Buyer submits to the jurisdiction of the English Courts.