This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods listed on our website -http://www.orchidfurniture.co.uk - to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. We may also send a copy to you when we accept your order.
We amend these Terms from time to time. Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.
INFORMATION ABOUT US
This website www.orchidfurniture.co.uk is operated by Orchid Furniture Limited whose details are as follows:
Orchid Furniture Limited:
A company registered in England under number 6046635
Registered Office at The Old Barn, Sandydown, Stockbridge, Hampshire SO20 6BY
Our VAT registration number is GB 907 0390 41
YOU CAN CONTACT US AS FOLLOWS:
Telephone 01264 811111
Fax: 01264 811555
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
CONSUMER RIGHT OF CANCELLATION
If you are buying as a consumer you have certain rights of cancellation which are set out in clause 4 of our terms.
THIRD PARTY WEBSITES
We may provide links on our site to the websites of other businesses, whether affiliated with us or not. You should take the same care if you choose to buy from those sites as you would whenever you buy from someone you do not know.
We cannot give any undertaking that goods you purchase from third party sellers through our site, or from businesses to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. We do not give any guarantee, recommendation or warranty in relation to those businesses.This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau. We will notify you when a third party is involved in a transaction, and you agree that we may disclose your personal information related to that transaction to the third party seller.
Your attention is drawn in particular to the provisions of clause 12.
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 12.2;
Goods: the products that we are selling to you as set out in the Order;
Information sheet: means a sheet containing detailed information about an aspect of our Goods, including the nature of hand-made furniture and goods, caring for your furniture and delivery;
Order: your order for the Goods;
Order Confirmation: shall have the meaning set out in clause;
Terms: the terms and conditions set out in this document;
writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2 Basis of sale
2.1 We consider that these Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be recorded in writing to be signed by you and us. If you receive any statements or representations from our authorised employees and agents , and wish to rely on them, please ask them to make sure that they are confiremd to you in writing. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 3.
2.2 Many of our goods are handmade, old, unique, and as a result any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe. Similarly, if you order a piece similar to one shown in our showroom, it will not be exactly the same as each piece is handmade. The measurements that we supply are approximate. If the exact measurement is important to you, please let us know so that we can advise if the item is suitable. Please also note that colours may appear differently on your computer. Further details about care of wooden furniture are available on line and from Orchid’s stores.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3 How the contract is formed between you and us
3.1 If you place an Order in one of our stores we will provide you with a copy of the Order and the Order will be binding at that point.
3.2 If you place an Order through our website, by telephone or at a location other than our stores, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy Goods. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an Order Confirmation. The contract between us will only be formed when we send you the Order Confirmation.
3.3 These Terms shall become binding on you and us when:
3.3.1 we agree to sell an item to you in person at one of our showrooms; or
3.3.2 we issue you with written acceptance of an Order (Order Confirmation); or
3.3.3 we notify you that an Order placed on the telephone or through our website is accepted, whichever is the earlier, at which point a contract shall come into existence between us.
3.4 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence after you place an Order in accordance with clause. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
3.5 We shall assign an order number to the Order which will be printed on the order confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
3.6 You may, within seven calendar days of placing an Order, amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
3.7 Please note that whether you are a consumer or business buyer you cannot cancel an order for Goods which are to be made to your order. This is because We have the Goods made to your specific requirements.
3.8 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force on the date of the Order Confirmation, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4 CONSUMER RIGHTS for orders placed by telephone, through our website or at any place other than our showrooms
4.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 4.3. This means that during the relevant period if you change your mind or decide for any reason that you do not want to receive or keep the Goods or any of them, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizen's Advice Bureau or Trading Standards office.
4.2 The right cancel a Contract does not apply to Goods that are made to order to your specification. (This will be specified on your order).
4.3 Your legal right to cancel a Contract starts from the date of Dispatch Confirmation (the date on which we email you to confirm the acceptance of your order) which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below;
4.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. (A link to the website cancellation will be included in our dispatch confirmation). If you use this method we will email you to confirm we have received your cancellation. You can also inform us in writing at The Old Barn, Sandydown, Stockbridge, Hampshire SO20 6BY, or by email to firstname.lastname@example.org. If you are emailing us or writing to us please include details of your order to help us identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email of post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last past on the last day of the cancellation period or email us before midnight on that day. Suggested wording for cancelling a contract is set out at the end of the terms.
4.5 If you cancel your contract we will;
4.5.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Page for information about what handling is acceptable and examples.
4.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery, by the least expensive delivery method we offer (provided this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3- 5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a product to us see clause 4.7
(b) If you have not received the product or you have received it and we have offered to collect it from you; 14 days after you inform us of your decision to cancel the Contract.
4.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
4.7 If a Product has been delivered to you before you decide to cancel your Contract:
4.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, (return it to us in-store or hand it to our authorised carrier. Please see our Returns Page for our returns address and information how to arrange a return.) If we have offered to collect the Product(s) from you (as advised by our Deliveries staff) we will collect the Goods from the address to which they were delivered. We will contact you to arrange a siutable time for collection.
4.7.2 unless the Product is faulty or not as described (in this case see clause 6), you will be responsible for the cost of returning the Goods to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs shouuld not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge the same fee for collection of products as is charged for delivery displayed on the product pages on the website.
4.8 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in clause 4 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
5 The Goods
5.1 We warrant that on delivery and for a period of twelve months from the date of delivery, the Goods shall:
5.1.1 conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements, information sheets or any other documents;
5.1.2 be of satisfactory quality;
5.1.3 be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
5.1.4 be free from material defects in design, material and workmanship; and
5.1.5 comply with all applicable statutory and regulatory requirements.
5.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
5.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.5 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.
6 Defective goods and returns
6.1 In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us OR ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will:
6.1.1 provide you with a full or partial refund including the orignal delivery costs;
6.1.2 replace the Goods; or
6.1.3 repair the Goods.
6.2 These Terms will apply to any repaired or replacement Goods we supply to you.
6.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7.1 The delivery arrangements will be specified in the Order or the Order Confirmation. More detailed information about delivery is set out in our delivery information sheet which will be supplied to you at the time you place your Order or is available for download on our website.
7.2 Delivery of the Order shall be completed when we deliver the Goods to you or you collect them from us as set out in the Order Confirmation.
7.3 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
7.4 If we miss the delivery deadline for any Goods set out in the Order then you may cancel your Order straight away if any of the folliowing apply:
7.4.1 we have refused to deliver the Goods:
7.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3 you told us before we accepted your Order that delivery within the delivery deadline was essential.
7.5 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 7.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
7.6 If you do wish to cancel your Order for late delivery under clause 7.4 or clause 7.5, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them and we will pay the costs for this. After you cancel your Order we will refund any sums you have paid to us for the cancelled goods and their delivery.
8 Title and risk
8.1 The Goods will be your responsibility from the time of delivery, if we are delivering them to you, or from the time when you collect the Goods from us.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9 Price and payment
9.1 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order/ or on the Order. Prices are liable to change at any time, but later price changes will not affect Orders that we have confirmed in writing.
9.2 Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
9.3 Any delivery costs payable will be shown in the Order and will be added to the total amount due.
9.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced in our showrooms or on our website. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the stated price, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
9.5 Payment for all Goods must be made in advance by credit or debit card. We accept payment with Visa, Visa Electron, Visa Debit, Mastercard, American Express, Solo, Switch, Maestro and Delta. We will charge your credit or debit card with 100% of the full cost of the Order on the date that the Order is confirmed. For bespoke orders, or orders placed for goods which are out of stock, we will charge your credit or debit card with 50% of the full cost of the Order on the date that the Order is confirmed, and the remaining 50% when the goods are available for collection or delivery.
9.6 Goods will not be dispatched or released to you until we have received payment in full.
9.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
9.8 Clause 10.6 and clause 10.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
10 Import Duty and Foreign Law
10.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11 Limitation of liability
11.1 Subject to clause 12.3 and clause 12.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
11.2 Subject to clause 12.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
11.2.1 loss of income or revenue;
11.2.2 loss of profit;
11.2.3 loss of business;
11.2.4 loss of anticipated savings;
11.2.5 loss of data; or
11.2.6 any waste of time.
However, this clause 11.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
11.3 Nothing in this agreement excludes or limits in any way our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
11.3.4 defective products under the Consumer Protection Act 1987; or
11.3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12 Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 impossibility of the use of public or private telecommunications networks;
12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
12.2.7 pandemic or epidemic.
12.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
13.1 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
14.1 Except for notices of cancellation, which are dealt with at clause 4.4, all notices sent by you to us must be sent Orchid Furniture Limited at The Old Barn, Sandydown, Stockbridge, Hampshire SO20 6BY or email@example.com We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
15.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.