Terms & Conditions
1.1 In these Terms and Conditions ("Conditions")
"Our, Us, We" means A Spiers t/a Quarter, whose trading address is at 188 Cheltenham Road, Bristol BS6 5RB, UK;
"You" means the person who purchases Goods from Us;
"Goods" means the Goods to be supplied from Us to You;
"Order" means an Order placed by You under these Conditions;
"Price" means the price payable by You for the Goods as specified in an Order;
"Acceptance Notice" means a written acknowledgement of an Order issued to You from Us;
"Delivery Address" means the Delivery Address specified in the Order;
"Showroom" means 188 Cheltenham Road, Bristol BS6 5RB;
"Website" means http://www.quarterfurniture.co.uk/
1.2 The supply of goods shall be subject to these conditions.
1.3 In the event of a conflict between the terms of:
1.3.1 any order, and
1.3.2 these conditions
the terms of the order shall take priority.
1.4 No variation of these conditions or an order shall apply unless confirmed in writing by us.
1.5 These conditions together with any orders you place with us form the whole agreement between you and us.
2. Placing An Order
2.1 You shall ensure that your order is complete and accurate.
2.2 No order placed by you shall be deemed to be accepted until an acceptance notice is issued by us.
2.3 If the acceptance notice is inaccurate you must inform us immediately.
2.4 All goods are subject to availability. If the goods you have ordered are unavailable we will contact you to advise of the date of availability or to discuss the supply of a suitable alternative item. Should you wish to cancel your order at this point then you will be able to do so and our liability to you will be limited to providing a full refund.
3. Price And Payment
3.1 The price shall be payable as specified in the acceptance notice.
3.2 No payment shall be deemed to have been received until we have received cleared funds.
3.3 You shall make all payments due in full without any deduction.
3.4 Payment in full is due upon receipt of the order.
3.5 You undertake that all details you provide to us for the purpose of purchasing any goods are correct and that the credit or debit card which you use is your own, that there are sufficient funds or credit facilities to cover the cost of all goods and that you are over the age of 18 years. We reserve the right to obtain validation and verification of the authenticity of your credit card or debit card details before processing your order.
3.6 If you fail to pay any sum on the due date we shall be entitled, without limiting any other rights we may have, to charge interest on any outstanding amount due at the rate of 4% above the base lending rate from time to time of the Bank of England PLC, accruing on a daily basis until payment is made whether before or after judgement.
4. Delivery Of Goods
4.1 The delivery times of goods from the date of acceptance of your order may vary and are intended to be an estimate only. Approximate times for delivery are between 1 and 6 weeks and in most cases within 4 weeks, but wherever possible we will deliver sooner. A delay in delivery will only be accepted as a reason for cancellation of an order if you inform us at the time of submitting an order that the order is dependent on delivery before a certain date and we agree in writing to deliver the goods before that date.
4.2 We shall deliver the goods to the delivery address. Delivery will be complete once the goods have arrived at the delivery address and been received either by you or by someone at the delivery address acting on your behalf. When receiving large items you must ensure that adequate space is clear.
4.3 Prior to delivery you will be contacted by us to agree a day for delivery. Wherever possible we will endeavour to meet your requirements.
4.4 If there is no one present at the delivery address at the appointed day of delivery, a charge will be quoted for redelivery. Alternatively a collection by you from the showroom may be arranged.
4.5 You are required to inspect the goods before accepting them and advise us of any damage, discrepancies or shortfalls. You must inform us immediately if you subsequently discover any faults and in any event within 48 hours of delivery.
4.6 You are responsible for ensuring that there is sufficient room for goods at the delivery address to enable their proper use and that goods will fit through doorways and within stairways where applicable.
4.7 In the event that we are unable to complete a delivery due to access constraints to and/or in the delivery address clause 6 applies.
5. Quality, Description And Defects
5.1 All drawings, descriptions and advertising issued by us or contained in our catalogues, brochures or website are for the sole purpose of of giving an approximation of the goods described in them and shall not form part of these conditions.
5.2 Please note that wood, leather and textile products react to sunlight and to changes in temperature and humidity. Such changes can cause solid wood to warp or split. We shall not be responsible for failure to keep goods in a suitable environment whilst in your possession. Please also note that goods may vary in colour and have natural markings.
5.3 We warrant that subject to these conditions, upon delivery and for a period of 12 months from the date of delivery the goods will be:
5.3.1 of satisfactory quality within the meaning of the Sale of Goods Act 1979;
5.3.2 reasonably fit for the purpose for which the goods are intended;
5.3.3 reasonably fit for the purpose for which the goods are purchased if you have made known that purpose to us in writing and we have confirmed acceptance of that purpose in writing.
5.4 Subject to your obligations under clause 4.5 we shall not be liable for any breach of any of the warranties in clause 5.3 unless:
5.4.1 you give written notice of the defect to us within 7 days of when you discover or ought to have discovered the defect; and
5.4.2 we are given a reasonable opportunity after receiving the notice of examining the goods and you (if asked to do so) return the goods to our showroom at our cost.
5.5 We shall not be liable for a breach of the warranties in clause 5.3 where:
5.5.1 you make further use of the goods after giving the notice required by clause 5.4.1;
5.5.2 the defect arises because you failed to follow our oral or written instructions as to the correct storage, installation, use of or maintenance of the goods; or
5.5.3 the goods have been subject to excessive wear and tear, suffered accidental damage or been soiled;
5.5.4 you alter or repair the goods without our written consent.
5.6 Subject to the provisions of this clause 5, if any goods do not conform with any of the warranties in clause 5.3, you may request that we repair or replace the goods or refund the full price of the goods provided that you shall (at our expense) return the goods to us at our showroom.
6. Cancellation And Returns
6.1 In line with the Consumer Contracts Regulations, (formerly Distance Selling Regulations), if you place your order not in person and without visiting the showroom, you may cancel your order by giving us written notice by email or by post within 14 days from the day after your goods were received by you. You shall be entitled to a full refund including any charges for the delivery of the goods to you, provided said goods are returned, (at your expense), unused, unaltered, undamaged and in original packaging. Refunds will be initiated within 14 days of safe receipt of returned goods.
6.2 The right of cancellation in clause 6.1 does not apply to goods made specifically to order or tailored to your specifications.
6.3 Subject to clause 6.1 we are not obliged to accept the cancellation of any order. If however we do accept a cancellation of an order outside of clause 6.1 we are entitled to charge a restocking fee of 30% of the price before issuing a refund of the remaining costs within 14 days of receiving written notice of the cancellation.
6.4 Subject to clause 4, goods returned for any reason must be returned within 14 days from the date of delivery and in the same condition as they were delivered (in the original packaging, unused and/or flat packed where appropriate, mattresses retained under their original sealled packaging). Unless the goods are faulty (in which case see clause 4), you must pay the delivery costs for the return of goods from you to us. We will not accept returns or cancellations of goods which have been altered in any way that could be deemed as you treating the goods as your own. Please note that you have a duty to take reasonable care of the goods while they are in your possession.
6.5 If the goods you are returning are either damaged by you or damaged in transit then on inspection of the goods we reserve the right to reject the return and you will incur the cost of redelivery to your address and no refund will be processed.
7. Limitation Of Liability
7.1 Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
7.2 Subject to clause 7.1:
7.2.1 we will not be liable to you if the order or acceptance notice is inaccurate or incomplete and you have not informed us of this;
7.2.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the goods shall be limited to the price;
7.2.3 we shall not be liable to you for any failure by you to comply with these conditions or any instructions issued by us relating to the care of the goods;
7.2.4 if we have not breached any legal duty owed to you;
7.2.5 which is not a reasonably foreseeable result of any breach by us of any legal duty owed to you.
8. Data Protection
8.1 It is our policy to respect the privacy of our customers. We will not disclose the details and information provided by you to any third party unless we are specifically required to do so by law, or in response to a valid legal request by a law enforcement or governmental authority or as may otherwise be authorised by you.
8.2 By placing an order you acknowledge and consent that we may store and process your personal details and information (for example your name, address, telephone number, email address and details of the goods which you purchase) in accordance with any data protection legislation and that we may use this information for marketing purposes. We have a responsibility to keep your information confidential and will only use it to offer our own products and services.
9. Force Majeure
9.1 We reserve to right to delay or cancel any order without liability to you if we are prevented from or delayed in the carrying out of our business due to circumstances outside our reasonable control, including but without limitation, strike or other industrial action, terrorist activity, civil commotion, government action, natural disasters, war or national emergency provided that if the event in question continues for a continuous period in excess of 3 months then you shall be entitled to give notice in writing to cancel the order.
10.1 You shall not be entitled to assign, sub-licence or part with possession of any of your rights or liabilities hereunder. We shall be free to sub-contract the performance for all or part of our obligations.
10.2 A person who is not party to these conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of them.
10.3 These conditions and any disputes or claims arising out of or in connection with them are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these conditions.
10.4 If any part of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these conditions shall not be affected.
11. Notices And Services
11.1 Any notice required under these conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by email, sent by facsimile or sent by registered mail to the respective parties' address as set out above or as each party may from time to time designate by notice hereunder. Any such notice shall be considered to have been given on the first working day of actual delivery or sending by facsimile or email or in any event within 2 working days after it was posted in the manner hereinbefore provided.