Rocombe Design Limited - Terms & Conditions of Sale
In these Conditions of Sale:
(1) 'The Goods' means all items forming the subject of the Contract.
(2) 'The Customer' means the person, firm or company with whom the Contract is made for the sale of the Goods.
(3) 'The Contract' is a contract for the sale of goods.
(4) 'The Company' is the company Rocombe Design Ltd.
All contracts of sale made by the Company shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing ("the Customer").
1. Acceptance of Orders
All orders submitted through our website are acknowledged by email immediately after their submission and are subject to our express acceptance in a second notification indicating an estimated delivery date. No order placed by the Customer shall be deemed to be accepted by the Company until the Company issues a final acceptance notification of the order to the Customer. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing.
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. VAT is not added to orders delivered to EU territories with special tax regimes such as the Channel Islands or outside the EU. 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. Delivery charges
Furniture delivery charges are stated on a per product basis on the website. Maximum cost for multiple item orders for standard delivery is £180. There may be a delivery surcharge for remote destinations. Delivery charges for wholesale business customers will be quoted at the time of order. The Customer may collect items at their own cost from collection points agreed with the Company and at set times and dates agreed with the Company.
a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to despatch goods within the timescale quoted, no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period. The Company 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.
b) The Company will accept no liability for shortages or damage to goods unless the Customer notes the damage at the time of delivery (or where this is not possible, notes "Unable to inspect on delivery" on the freight bill) and notifies the Company in writing within 24 hours of receipt of the goods.
c) The Customer shall be bound to accept the goods when they are tendered for delivery by the Company and delivery shall be deemed to take place when the goods are tendered for delivery to the Customer at the nominated address for delivery whereupon the risks of loss, breakage or any other damage whatsoever shall pass to the Customer.
d) If for any reason the Customer cannot accept delivery of the goods for more than 7 days after the product is available for delivery the Company may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or if the period of storage exceeds 30 days may elect to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract.
e) It is the Customer's responsibility to ensure that the Goods are the correct dimensions both for access to his/her property and the space for which the Goods are intended. Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply.
f) Our standard delivery service applies to UK mainland addresses excluding islands and remote locations. Responsibility for the goods passes to the customer after they are unloaded from the delivery vehicle notwithstanding any assistance provided in delivering goods into the Customer's house.
g) A re-delivery charge will be made if a further delivery is necessary because the Customer is not at home to receive the order at a pre-arranged delivery time, or if goods must be redelivered because they cannot fit into the premises without additional work or equipment, or if goods must be redelivered for any other reason.
5. Payment terms
Total balances must be paid prior to delivery. If an invoice becomes overdue for payment the full outstanding account becomes immediately due and payable. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash.
6. Property and title
No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash (and, in each case, any applicable cancellation period has passed) and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or at the time of attempted delivery or, if the Customer wrongfully fails to receive the delivery as arranged, at the time when the Company has tendered delivery of the goods.
7. Force Majeure
In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as such fulfilment is prevented.
8. Returns and Cancellations
Non-custom-made goods, unused, undamaged in their original packaging and fully marketable, may be returned and the order cancelled (for any reason) within 7 days of delivery with the prior agreement of the Company. Made-to-order goods cannot be returned or cancelled. For products returned the Customer shall be responsible for all costs and expenses (including insurance) of returning the goods to the original supplier 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. The Customer's payment will be refunded within 30 days, subject to deduction of any direct costs of transport and insurance incurred by the Company 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. Orders for custom-made goods may not be cancelled and are firm once payment in made by the customer
All goods sold by the Company are warranted free from defects in material and workmanship. If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship only within 30 days of delivery the Company after it has had a reasonable time to investigate the same and examine the goods in dispute shall be entitled at its option to repair or replace the defective goods or refund the purchase price. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer or through use not in accordance with the manufacturers instructions by the Customer or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
10. The Company's liability
a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
b) The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
c) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
d) Subject as expressly provided in these Terms and Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
e) Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions.
11. Contract Law
Rocombe Design Ltd ("the Company") is a UK company, Reg. No. 5688379. Registered in England. Reg. Office: 7 Oceanis Apts, 19 Seagull Lane, London, E16 1BY. Customers accept that by dealing with Rocombe Design Ltd they agree to these Terms and Conditions and that any contract formed with Rocombe Design Ltd will be a contract under and subject to the laws of England whose courts will have exclusive jurisdiction in the determination of any disputes.
a) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
c) All headings are for convenience only and do not form part of these Terms and Conditions. d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.