Standard Terms and Conditions
STANDARD TERMS OF BUSINESS – updated July 2017
All Goods and Services are sold subject to the Standard Terms and Conditions set out below. Certain words and phrases have special meanings when used in these Terms and Conditions – these words and phrases are defined in the ‘Definitions’ section.
BASIS OF SALE
When you make a payment, or accept a quotation verbally, by phone or by e-mail, or sign to accept a proposal of ours or when you sign an order form you are entering into a contract with us. Your order will be accepted as soon as we have confirmed your order.
Our acceptance of your order is conditional on the availability of the Goods you have ordered. If any of the Goods you have ordered are unavailable, or should events occur beyond our reasonable control, we reserve the right to cancel your order, delay your order or substitute similar items. In such circumstances we shall let you know and agree the course of action with you as soon as possible.
Quotations are submitted subject to prices pertaining at the date of estimate preparation, we will honour any quotation if accepted within 30 days of such preparation unless otherwise indicated on the quotation.
We will use our best endeavours to supply these Goods within the timescales agreed. We can accept no responsibility for delay caused by our suppliers, couriers or other third parties. Although we strive to provide as accurate information as we can, any dates stated on an order or advised by email or verbally should be seen as a guide only and cannot be viewed as the essence of any contract entered into.
CUSTOMER’S OWN MEASURE
When we rely on your measurements we cannot accept responsibility for any inaccurate measurements, descriptions or diagrams provided by you or consequences thereof.
CUSTOMER’S OWN FIT (WE SUPPLY ONLY)
When we supply Goods that are not installed, fitted and dressed by us, we cannot accept responsibility for the suitability, final appearance or operation of the Goods that we supply, nor the quality of workmanship undertaken by yourself or any third party.
CUSTOMER’S OWN FABRIC
When we use fabric that you provide we cannot accept responsibility for its suitability for the job, including shrinkage, fading, wear, satisfying FR legislation, any faults or blemishes in the fabric, making up and overall design effect.
We will offer professional design advice but the final decision on choice of style and Goods purchased remains solely yours.
Once we have started work following your order any changes you introduce (including design changes and changes that invalidate our measurements) will be subject to additional charges which have to be paid before any further work proceeds.
All our Goods are designed for domestic use, unless otherwise agreed prior to sale. It is your responsibility to ensure that Goods are cleaned and maintained appropriately since warranty does not extend to Goods that have been mistreated. Our fabrics are of the highest standards. However, all fabrics will eventually fade. To minimise fading curtains should be drawn back during daylight hours and upholstery should be keep out of direct sunlight. Fabrics can shrink or stretch in response to changes in heat, light and humidity and this is considered normal.
It is your responsibility to specify fire retarding fabric treatment at the time of ordering. We accept no responsibility for inappropriate fabric being used in situations where fire retarding is mandated by legislation or other rules.
It is your responsibility to ensure that products meets your requirements prior to ordering. You should do this using samples or stock cuttings and you should never rely on images on a computer screen.
If you are using fabric for furniture or in a commercial situation it is your responsibility to decide on any required fire treatment. We can arrange for treatment where it is practical but we cannot accept any liability for any changes in the appearance, performance or quality of our fabrics which have been subjected to any kind of treatment or processing after purchase including flame-proofing and stain repellent treatment. Fabrics may shrink after treatments between 3-5%. Following treatment, up to 50cm will be taken for testing. Please therefore allow for these factors in your ordering. Please note that treated fabrics cannot be restocked under any circumstances.
It is your responsibility to follow all instructions supplied by manufacturers. Failure to do so may invalidate warranties. To get the best possible paint or wallpaper finish, we strongly recommend that you use the services of a professional decorator.
COLOURS, DESCRIPTIONS AND UNIQUE FEATURES
Every effort is made to ensure that the Goods we supply correspond as closely as possible to the samples shown to you, but they might not be exactly the same. We regret that no responsibility can be accepted for these slight variations, which all add to the unique features of our Goods including but not limited to the following:
1. On fabric the shade will inevitably vary slightly from one batch to another and between fabric samples and display fabrics.
2. Fabric patterns are not matched unless expressly stated otherwise. There is a 3% allowance on alignment.
3. Wallpapers may be subject to differences between production batches.
4. References to ‘gold’ and ‘silver’ are, unless stated otherwise, references to the respective colours.
5. On certain leather finishes there may be shade variations, and the small blemishes found in the leather are a unique characteristic of a natural material and not a defect or weakness. Scratches and marks may occur through everyday use, and seat covers will mould to body shapes which is a feature of natural leathers.
6. Most of our Goods are individually hand finished and therefore there will be some slight differences between batches. Some Goods are hand finished to look distressed. Distressing will vary from one item to another and is a unique design feature and not a defect.
7. All measurements are approximate, please allow for manufacturing tolerances.
8. At times it may be necessary to make changes to the specifications of our Goods and we reserve the right to make such changes.
9. Due to limitations of colour rendition in print and on electronic displays there may be slight colour variations between images and the items they represent.
The majority of Goods which we supply are classified as “bespoke” and typically relate to made to measure items. The Goods you order will be made specifically to your order, in accordance with the instructions and specifications you have given us.
All carpets, blinds, soft furnishings, lampshades, upholstery, re-upholstery, picture frames and curtains are deemed to be bespoke.
Cut lengths of fabric and any length of fabric subject to surface treatment are classified as bespoke Goods.
All paints are bespoke as they are mixed to specification after you order.
All wallpapers are supplied from a selected unique batch at the time of order which means that returned rolls may not be suitable for resale and therefore are treated as bespoke Goods.
It is your responsibility to check all details and aspects of your order are correct, and suitable for your requirements, including measurements, dimensions, features, access and delivery.
Items purchased off-the-floor at our showroom are not considered bespoke even if they are unique.
CANCELLATION & RETURN
Once an order has been accepted, your order will be progressed. As considerable time and effort will expended by us, once an order is in progress this contract can only be cancelled at our discretion. A cancellation or re-stocking fee will normally be levied.
You agree that when you order bespoke or customised Goods you are not entitled to a 14 day cancellation period under regulation 28(1)(b) Consumer Contract Regulations 2014. Bespoke items include inter alia cut lengths of fabric, paint mixed to order (all paints which we supply), batch-specific wallpaper and treated or adapted items.
We cannot accept partial returns of bespoke Goods, for example if you over-order paint, wallpaper or fabric, because of the unique variations that exist between production batches; returns are not in a form that can be resold at full price.
We will only accept returns for Goods which are defective or which we have incorrectly supplied. At our discretion we will either repair or replace faulty Goods that are within their relevant warranty period. In the event of a warranty claim our liability will not exceed the purchase price.
Under no circumstances can we accept returned fabric after it has been cut or treated.
DELIVERY & FITTING
Quotations include the cost of delivery which is site dependent. It is your responsibility to ensure that:
1. Goods can be delivered to a secure and weatherproof location as agreed prior to delivery. Where we are unable to deliver as agreed we will rearrange delivery and reserve the right to levy an extra administration charge.
2. Access of suitable dimensions is available to your premises that will allow your purchase to be delivered at the agreed time.
3. Suitable electrical outlets are available for any plug-in electrical/lighting Goods. Your electrical system is suitable for and capable of handling additional electrical Goods ordered from us.
4. Our fitters have reasonable access to your premises in order to measure and fit as required by the job in hand. Unless you advise us of any unusual access arrangements before placing your order we will not be liable for delay or inability to complete work.
5. You will ensure that all main services such as electricity, gas and water are connected and working prior to our agreed installation date and that our fitters have access to them at no charge to us.
6. Walls, windows and ceilings to which our fitters may fit poles, curtains, blinds etc are robust and sound and can carry the weight.
We shall not be responsible for delays in completion or failures in delivery caused because we, or our delivery agents, cannot gain access to the delivery address on the agreed delivery date or because of force majeure, industrial dispute, fire, accident or any other circumstances beyond our reasonable control,. The delivery crew will not attempt delivery where damage to your home or the goods being delivered may result or where their safety maybe compromised; neither will they remove doors and windows.
An additional delivery charge is payable for deliveries above first floor, deliveries requiring more than two delivery crew or other exceptional circumstances. We will advise you of additional delivery charges at the time you place your order or as soon as possible thereafter.
DAMAGE & FAULTS
All goods must be inspected on delivery and transit damage or omissions must be notified to us within 48 hours. Faults must be reported within 5 days of delivery. We cannot accept responsibility for problems that may arise due to poor handling or storage after delivery.
RISK & TITLE
We carry the risk of loss or damage to the Goods until you receive them. The Goods will belong to you when you have received them and have paid us in full for them. Until payment has been made in full we may ask you to return the Goods to us at any time. If you return the Goods to us for any reason, they will become our property and be at our risk from the time at which we receive them.
Whilst the risk in the Goods shall pass to you on delivery, the title remains ours until we receive complete payment of all fees due to us including, but not limited to, all pre-agreed charges, additional administration charges and late payment interest charges.
If you ask us to store Goods until you are ready to accept them we accept no further liability for loss or damage unless you pay us for a storage service. Goods that remain unpaid, uncollected or unclaimed after you have been informed of their readiness will be disposed of after 3 months in accordance with The Torts (Interference with Goods) Act 1977.
We reserve the right to amend agreed prices if there are material changes to taxation or international currency rates.
Delivery charges will be agreed at the time an order is placed. Additional Delivery Charges may arise dependent upon complexity of delivery if this was not advised to us when you placed your order.
Administration Charges may arise in a number of circumstances. For example if we are unable to deliver or fit because we cannot gain access as previously agreed. We will charge you £50 per single item re-delivered and £75 total for more than one item re-delivered at the same time. If we have to store Goods because you are not ready to accept delivery on a pre-agreed date we may levy a storage and insurance fee based on the value of items and duration of storage.
We retain copyright in all designs, drawings, plans, schedules that we produce as part of our service. You may not reproduce, publish, provide to a third party, or store them in any electronic or other form with out our express prior permission. We reserve the right to take photographs of the property or site before, during and after our work and to use them for any purpose related to our business.
We will require either full payment in advance or a deposit of 50% before we commence work. You agree that you will pay the entire balance of payment within 5 days of completion of work.
1. If payment is not received within 5 working days of completion we reserve the right to add interest at the rate of 10% over London Inter-bank Offer Rate.
2. Cheques are only accepted on the basis of being paid on first presentation. A charge of (£35.00) will be made towards bank and administration charges for each cheque returned unpaid for any reason, whether or not the cheque is honoured on re-presentation.
3. Should we need to instruct a debt recovery agency or to instigate legal proceedings, you will be liable for all and any costs so incurred.
In no event will we, our directors, officers, employees, sub-contractors or agents be liable to you for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like.
When we furnish or dress a property prior to its sale we do not warrant that it will sell in any particular timeframe or at any particular price.
These terms and conditions cannot be varied by you or us unless made in writing and signed by both parties.
If any provision contained in these Terms and Conditions is considered by any court or regulatory authority to be unfair, invalid or unenforceable, that provision will be considered deleted from these Terms and Conditions without affecting the other provisions. The law of England and Wales governs these Terms and Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
In these Conditions:
• ‘Goods’ means the goods, products and services that are provided by us. It includes any service that comes with any goods;
• ‘we’, ‘us’, ‘our’ means Art From the Start Ltd. also trading as Fabric Gallery and Interiors and occasional-chairs.co.uk
• ‘you’, ‘your’ means one of our customers.