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This page contains information on the terms and conditions
for purchases from SAS Furniture.
Business
Policies
All orders
are subject to our full terms and conditions (below).
Nothing in these conditions affects your statutory rights as
a consumer.
Standard
conditions of sale
1.
Definitions
i. "Buyer" means the person who buys or agrees to buy
the Products from the Seller.
ii. "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.
iii. "Delivery date" means the date specified by the Seller
when the Products are to be delivered.
iv. "Products" means those goods specified.
v. "Price" means the price for the Products including
carriage, packing and VAT.
vi. "Seller" means SAS Furniture. vii. "Consumer" shall bear
the meaning ascribed in section 12 Unfair Contract Terms Act
1977.
2. Conditions applicable
i. Nothing in these conditions shall affect the buyer’s
statutory rights as a consumer.
ii. The Seller shall sell and the Buyer shall purchase the
products in accordance with any written quotation of the
Seller which is accepted by the Buyer, or any written or
verbal order of the Buyer 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 Buyer.
iii. 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.
iv. 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.
v. If the Seller does not have sufficient stock to be able
to deliver the goods ordered by the Buyer then any sum paid
by the Buyer 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 30 days of your order and
the Seller will not be obliged to offer any compensation for
disappointment suffered.
3. Conditions applicable
i. Nothing in these conditions shall affect the buyer’s
statutory rights as a consumer.
ii. The Seller shall sell and the Buyer shall purchase the
products in accordance with any written quotation of the
Seller which is accepted by the Buyer, or any written or
verbal order of the Buyer 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 Buyer.
iii. 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.
iv. 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.
v. If the Seller does not have sufficient stock to be able
to deliver the goods ordered by the Buyer then any sum paid
by the Buyer 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 30 days of your order and
the Seller will not be obliged to offer any compensation for
disappointment suffered.
4. The price and payment
i. 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 buyer.
ii. Payment of the Price shall be due at the date of the
order. Time for payment shall be of the essence. If the
Buyer 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 Buyer.
If the Buyer 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.
iii. 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 Plc’s base
rate from time to time in force and shall accrue at such a
rate after as well as before any judgement.
5. The products
i. The quantity and description of the Products shall be
set out in the Seller’s quotation.
ii. 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.
iii. Photographs are for illustrative purpose only, and may
not exactly match the product itself.
6. Warranties and liability
i. All goods supplied by the Seller come with a
manufacturer’s warranty of at least 12 months.
ii. The Seller shall provide the Buyer 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.
iii. The Seller does not provide any warranty cover against
defects in his own right.
iv. Except where the Buyer 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.
v. 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 5 affects
your statutory rights as a consumer.
7. Delivery, Returns and Cancellations
i. Delivery of the products shall be made by the Seller
or his agent notifying the Buyer that the products are
available for collection at the Sellers premises or for
delivery to such place as the Buyer may specify at the time
the order is placed.
ii. The Seller shall use his reasonable endeavours to meet
any date agreed for delivery.
iii. In any event time of delivery shall not be of the
essence.
iv. The Seller shall not be liable for any delay in delivery
howsoever caused. v. All orders for delivery to addresses
within mainland GB are delivered free of charge, except to
PA, IV and KW postcodes where there will be a small
additional charge which will be advised prior to order
confirmation.
vi. For delivery to Northern Ireland, Isle of Man, Isle of
Wight, Scottish Islands and Channel Islands we will deliver
free to a nominated mainland GB address e.g. a port. Onward
shipping from that point is the responsibility of the
customer.
vii. Generally, where an order contains more than one item
all items will be delivered at the same time once all items
are available.
viii. 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 £40 to
cover part of the cost of the failed delivery. ix. An order
may be cancelled at any time between the placement of the
order and 14 days following delivery of the goods. If the
Buyer is dissatisfied with his purchase for any reason he
may, within fourteen days of delivery, contact the Seller’s
customer service department to notify them that he wishes to
return some or all items from his order. The Buyer can
either arrange to return the goods himself to the Supplier
at his own cost or he may ask the Seller to collect the
goods in which case he will be charged £40 which will be
deducted from his refund unless the Buyer has chosen the
Sellers ‘pre-paid returns’ option. Goods must be returned to
the Seller in the same condition they were in at the time of
delivery to the Buyer and in their original packaging or
similar. Items which are not adequately packaged at time of
collection may not be collected and a charge of £40 may be
levied to cover cost of failed collection. Refunds will be
issued within 30 days of receipt of goods and after we have
inspected them for damage. We reserve the right to withhold
all or part of your refund if items are returned damaged. x.
Please note that for selected items of leather upholstery
there is a 50% cancellation/returns fee unless the order is
cancelled within one week of placement. Such items are
clearly marked.
xi. 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. xii. We do
not deliver on weekends or bank holidays without prior
arrangement and a delivery charge agreed by the Consumer
8.
Acceptance of the products
i. Other than where the Buyer acts as a Consumer the
Buyer shall be deemed to have accepted the Products 5
working days after delivery to the Buyer. ii. After
acceptance the Buyer shall not be entitled to reject
Products which are not in accordance with the contract.
9. Title and risk
i. Risk of damage to or loss of the Products shall pass
to the Buyer upon delivery.
ii. Notwithstanding any other provision herein title in the
Products shall not pass to the Buyer until the Seller has
received in cash or clear funds payment in full.
iii. The Buyer 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
Buyer 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.
10. Insolvency of buyer
i. This clause applies if: a. The Buyer 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 b. An encumbrancer takes possession, or a
receiver is appointed, of any of the property or assets of
the Buyer, or c. The Buyer, not being a consumer, ceases, or
threatens to cease, to carry on business, or d. The Seller
reasonably apprehends that any of the events mentioned above
is about to occur in relation to the Buyer and notifies the
Buyer accordingly. ii. 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 Buyer, 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.
11. General
i. 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.
ii. 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 Buyer, at the Buyer’s address as provided to the Seller.
12. Headings
i. The headings of the Clauses in these conditions are
intended for reference only and will not affect the
construction of these conditions.
ii. 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.
iii. Additional costs The Buyer agrees to pay for any loss
or extra cost incurred by the Seller through the Buyers
instructions or lack of instructions or through failure or
delay in taking delivery or through any acts or default on
the part of the Buyer, its servants, agents or employees.
13. Proper law of contract
i. 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.
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