TERMS & CONDITIONS
1. DEFINITION AND INTERPRETATION
1.1 “SELLER” means David Head Ltd trading as David Head Furniture
1.2 “PURCHASER” means the customer who has agreed to buy the goods from the seller
1.3 “GOODS” means goods which the seller has agreed to supply to the purchaser
1.4 “CONFIRMATION OF ORDER” means the invoice provided by the seller to the purchaser which confirms which goods will be supplied by the seller
1.6 “CONTRACT” means the contract between the seller and the purchaser for the sale and purchaser of the goods and services incorporating these terms and conditions
1.7 The sellers website means www.davidhead.co.uk
2. BASIS OF SALES
2.1 The seller shall sell and the purchaser shall buy the goods in accordance with the terms of this agreement and any additional terms set out in the confirmation of order
2.2 The contract is formed when the seller provides to the purchaser the confirmation of order by email fax mail or verbal agreement
2.3 The purchaser is responsible for ensuring that the specification of the goods are complete and accurate and that the goods are suitable for the intended use before any order is placed by the purchaser
2.4 The sellers website
Out information, images, samples and colour swatches are intended as a general guide only and do no form part of the contract. Products may be subject to minor changes which do not significantly affect their appearance or performance. The colour of our products viewed on our website, brochures or provided by samples and swatches may vary from that of the actual goods. Colours may also vary between different batches of production.
2.5 If after receipt by the purchaser and the confirmation of order, the seller is unable to supply the goods for any reason beyond the sellers reasonable control, then the seller shall offer the purchaser goods of equal value. The purchaser in these circumstances can either cancel the order or accept the alternative goods.
3. PURCHASERS RIGHT TO CANCEL
3.1 As a consumer purchasing over the internet, or by telephone, you are legally entitled to cancel your contract with the seller for certain goods you order up until the fourteenth working day after you receive them
3.2 The right to cancel your contract is however subject to the following conditions.
3. 2.1 You are not entitled to cancel your contract where the goods have been made for your specification. Please be aware that all doors, accessories and carcasses supplied by us are made to your specification
3. 2.2 You will be responsible for returning the goods to us in an undamaged and unused condition using the original packaging materials or equivalent
3.3 When you cancel the contract in accordance with this clause, provided you return the goods to us in an undamaged and unused condition, you will be entitled to a full refund of all monies paid by you. You do however have to pay the cost of returning the goods to us. If you do not pay this, we will be entitled to recover from you, the cost of returning the goods and will subtract this amount from the refund. Where substitute goods are returned under this clause, we will pay the cost of returning the goods to us.
3.4 If you wish to cancel this contract under the above conditions, you must give us written instruction by email, first class mail or fax.
3.5 Notice by email or fax is to be taken as having been given on the date of transmission or notice by mail to be taken as the day of posting
4. PRICING AND PAYMENT
4.1 The price payable by you for the goods shall be the price set out on the confirmation of order
4.2 In the event of any subsequent change in the rate of vat prior to the date of delivery, the purchaser agrees that such an increase shall be added to the price of the goods
4.3 Full payment for the goods is due on completion.
4.4 A deposit of 25% of your order value due when order is placed and a further two instalments of 25% during manufacture leaving a final balance of 25% due on completion
4.5 Any alterations and additions to the original quote may be subject to an additional cost.
4.6 Any Special offers are subject to variation and are exclusive of VAT.
4.7 Any Special offers become void if the purchased item was originally discounted in any way.
5.1 The seller will deliver the goods ordered by the purchaser to the address the purchaser provides to us for delivery at the time of order which must be the mailing address or the purchaser.
5.2 In circumstance where goods are to be ordered from a manufacturer, the seller will, within 5 days of the confirmation or order, provide to the purchaser an estimated date of delivery
5.3 As soon as the manufacturer confirms to the seller the goods are ready for delivery, the seller shall advise the purchaser that the goods have been despatched by the manufacturer
5.4 If the purchaser is not available or cannot accept the goods when they are delivered, the seller or the sellers agent will hold the goods in storage. The seller or the agent will contact the purchaser by telephone or in writing to arrange delivery at an alternative time. The purchaser shall be responsible for any additional cost incurred by such a subsequent delivery.
5.5 The purchaser will make all reasonable efforts to enable delivery to take place on delivery date. You must ensure that reasonable access is available and at least one able bodied person is available to off load and that delivery can take place in a safe and lawful manner. Deliveries will be to ground floor only
6. GUARANTEE AND WARRANTEE
6.1 The seller warrants that the goods will confirm to the confirmation of order
6.2 Where the goods have a manufacturers warrantee the seller shall use their reasonable endeavours to assist the purchase in obtaining from the manufacturer the benefit of any such warrantee
6.3 The seller will replace defective goods at our discretion free of charge
6.4 Any claim by the purchaser based upon any defects in the goods (including defects in the quantity or condition of the goods) must be notified to the seller as soon as reasonably practicable after the defect has been discovered. In order to avoid any delay in dealing with any claim that the goods are defective, the purchaser should check the goods with due care and attention at the earliest opportunity after delivery and submit any claim in writing to the seller at the sellers address
7. TITLE AND RISK
7.1 Providing payment has been made in full, the purchaser will become the owner of the goods which the purchaser has ordered upon their delivery. Once the goods have been delivered they will be held at the purchasers risk and the seller will not be liable for any subsequent damage to the goods or for their loss or destruction
8.1 The seller will not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse, alteration or repair of the goods without the sellers prior written approval
8.2 The seller will not be liable for any loss or delays arising from circumstances beyond our reasonable control – including, but not limited to, failure by the sellers own suppliers to delivery on time, goods that are damaged in transit or goods that have to be replaced for any reason
8.3 The seller will not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on our part in respect of the goods. The sellers liability for any such breach in respect of the goods will be limited to their net invoice value or, at the sellers discretion, to replacement of the goods
8.4 The seller will not be liable for any defects, injury, loss or damage resulting from the purchasers negligence or arising from installation in a damp environment, lack of proper maintenance, improper use, accidents, unauthorised alteration, faulty workmanship or negligence on the part of others
8.5 The seller will not be liable for any inaccurate statements, errors or omissions contained in any brochure produced by any manufacturer over which the seller has no control
8.6 Nothing in these terms and conditions will restrict the sellers liability for
8.6 1. death or personal injury caused by any act, default or negligence by the seller
8.6 2. fraudulent and misrepresentation or
8.6 3. any other liability to the extent such liability may not be excluded or limited as a matter of law
9.1 Except as otherwise provided, nothing in this agreement shall confer on any third party any benefit or the right to enforce any terms of this agreement.
9.2 If any of the provisions of this agreement are held to be unenforceable then those provisions shall be severed from this agreement and the validity of this agreement shall not be effected
9.3 Any notice served on either party under this agreement shall be deemed to have been delivered (a) if delivered by hand on the day of delivery (b) if sent by post to the correct address, on the second day after posting (or if earlier when the receiving party acknowledges receipt) (c) if sent by email on the day it was sent.
9.4 Nothing in these terms and conditions will reduce the purchaser statutory rights as a consumer. This agreement shall be governed by the laws of England and Wales and the parties submit to the exclusion of jurisdiction of the English and Welsh courts
9.5 These terms and conditions set out the entire agreement and understanding between the parties
9.6 No variation to the terms and conditions will be binding unless agreed between the parties and confirmed in writing
9.7 Our area of supply is limited to the United Kingdom