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Terms & Conditions

ONLINE TERMS AND CONDITIONS

Thank you for visiting eleganthomescornwall.co.uk and viewing our Terms & Conditions. Please read them carefully, as you agree to be bound by them when making a purchase.


All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.

Conditions of sale
  • Definitions
    • "Customer" means the person who buys or agrees to buy the Products from the Seller.
    • "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
    • "Delivery date" means the date specified by the Seller when the Products are to be delivered.
    • "Products" means those goods specified.
    • "Price" means the price for the Products including carriage, packing and VAT.
    • "Seller" means Elegant Homes (sw) ltd
    • "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
  • Conditions applicable
    • Nothing in these conditions shall affect the customer’s statutory rights as a consumer.
    • The Seller shall sell and the Customers shall purchase the products in accordance with any written quotation of the Seller which is accepted by the customer, or any written or verbal order of the customer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the customer.
    • Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
    • If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
    • If the Seller is not able to deliver the goods within a reasonable time ordered by the Customer then any sum paid by the Customer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 10 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
  • The price and payment
    • Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the customer.
    • Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Customer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Customer. If the Customer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
    • Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
  • The products
    • The quantity and description of the Products shall be set out in the Seller’s quotation.
    • The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
    • Photographs are for illustrative purpose only, and may not exactly match the product itself.
  • Warranties and liability
    • Most goods supplied by the Seller come with a manufacturer’s warranty of at least 12 months.
    • The Seller shall provide the Customer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
    • The Seller does not provide any warranty cover against defects in his own right.
    • Except where the Customer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
    • Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause affects your statutory rights as a consumer.
  • Delivery, Returns and Cancellations 
    • Delivery of the products shall be made by the Seller or an agent notifying the Customer about delivery to such place as the Customer may specify at the time the order is placed.
    • The Seller shall use his reasonable endeavors to meet any date agreed for delivery., see individual product description for approx delivery schedule.
    • In any event time of delivery shall not be of the essence.
    • The Seller shall not be liable for any delay in delivery howsoever caused. Cancellations resulting with delivery problems for items that are in stock shall only be refunded with 50% of the total paid.
    • All orders for delivery to addresses within mainland GB are delivered free for orders over £500 if lower than £500 we charge £25 maximum, except to PA, IV and KW postcodes where there will be a small additional charge which will be advised prior to order confirmation.
    • For delivery to ROI, Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will deliver to a nominated mainland GB address e.g. a port. Onward shipping from that point is the responsibility of the customer.
    • Generally, where an order contains more than one items all items will be delivered at the same time once all items are available.
    • Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.
    • An order may be cancelled at any time between the placement of the order and 7 days following delivery of the goods.
      If the Customer is dissatisfied with his/her purchase for any reason he/she may, within 7 days of delivery, contact the Seller’s customer service department to arrange for collection of the goods. 
    • Any money which you have paid minus the cost of collection will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery to the customer, in their original packaging.
    •  Items which are not adequately packaged at time of collection will not be collected and a charge of £25 will be levied to cover cost of failed collection.
    • The Buyer shall then be refunded with the full purchase Price of the goods. Please note this does not apply to selected special order items and of leather upholstery where there is a 50% cancellation/returns fee unless the order is cancelled within one week of placement.
    • Generally items are not held in stock and are ordered in from one of our suppliers.  Where this is the case cancelled orders will only receive a 50% refund. 
    • Mattresses can only be returned if they are unopened. Mattresses which have been opened and slept on cannot be returned. If you wish to test a mattress please keep it wrapped until you are sure you want to keep it.
    • We deliver on weekends and bank holidays, delivery will be arranged by the ......................................... they can be contacted on...............................................
  • Acceptance of the products
    • Other than where the Customer acts as a Consumer the Customer shall be deemed to have accepted the Products 5 working days after delivery to the Customer.
    • After acceptance the Customer shall not be entitled to reject Products which are not in accordance with the contract.
    • Upon accepting the items they should be checked and then signed for, any damages should be noted on the consignment sheet, if there is clear damage the goods should be refused by the Customer, who should in turn call our customer services department.
    • All damages must be reported 48 hours after accepting the delivery to our customer services team on 01326 377314
    • Goods signed for and not checked that are later reported faulty will be exchanged/picked up at a cost of £25
    •  
  • Title and risk
    • Risk of damage to or loss of the Products shall pass to the Customer upon delivery.
    • Notwithstanding any other provision herein title in the Products shall not pass to the Customer until the Seller has received in cash or clear funds payment in full.
    • The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Customer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
  • Insolvency of buyer
    • This clause applies if:
      • The Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
      • An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Customer, or
      • The Customer, not being a consumer, ceases, or threatens to cease, to carry on business, or
      • The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
    • If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Customer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
  • General
    • Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
    • Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Customer, at the Customers address as provided to the Seller.
  • Headings
    • The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
    • Representations
      No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
    • Additional costs
      The Customer agrees to pay for any loss or extra cost incurred by the Seller through the Customer instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Customer, its servants, agents or employees.
  • Proper law of contract
    • This Contract shall be governed by the law of England and Wales and any dispute question or remedy howsoever arising determined exclusively by the Courts of England and Wales.

 

 

Accuracy of content of this website
 
We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly and reasonably described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices are displayed inclusive of VAT. If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable, then you will of course have the right to cancel your order. Any weights, dimensions and capacities given about the goods are approximate only. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and we shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials contained on this website. 

 

 

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