In this document the following words shall have the following meanings:
"Buyer" means the organisation or person who buys Goods
"Goods" means the articles to be supplied to the Buyer by the Seller;
"Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
"Seller" means PoL Furniture registered at Unit C9A Aladdin workspace, Long Drive UB6 8UH Greenford
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and Payment
All prices are in British Pound and include VAT
All prices excluding delivery charges
3 ways to order
-over the phone
-via our website
3ways to pay for you order
-in fully by bank transfer (details will be send via email)
-in fully via debit or credit card or paypal
-30% deposit on order day and rest cash or card on delivery day
In case of any customizations of products eg change of size or colour deposit is non refundable
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Description of goods
1.Goods may vary in colour as shown on the website as this is due to screen settings, different lighting etc (please ask for samples and we can post them)
2. all upholstered goods are allowed to have -/+ 5cm difference then described
3. Some products (eg living room furniture) photos are not real reflection of shape as photos dimensions need to be changed in order to fit browser windows so please check for dimensions
4. most of our flat pack furniture especially - wall units do not have wall hooks or other fixings included as there is lots of different types of wall and they have to be bought by customer separately
CHRISTMAS DELIVERY UPDATE
orders for some of the upholstered furniture with guaranteed delivery for Christmas must be placed before 5/11/2017 (however after this date please ask which one are still available before Christmas) for any other orders placed after 8.11.2016 we are unable to guarante delivery before Christmes unless agreed over the phone or email this is specialy regarding upholstered furniture
any dining tables and chairs last day to order with guaranteed delivery for Christmas is 15.11.2016
any flat pack furniture are subject to availability in the warehouse and most should be delivered before Christemes however if not in stock we will be unable to do so
from 23.12.2017-6.01.2018 this time will not be counted into waiting time as most manufacturers are closed this time
Full price list for delivery can be seen here
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on order form
The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
Maximum waiting time is 30-40 working days however on average we aim to deliver them quicker
If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
For flat pack furniture any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 7 days of signed receipt to enable replacement or refund (if after opening the box anything has been damaged picture of damages while still in the box must be send to email@example.com ) any missing parts, picture of missing part should be taken from manual and send to the same email
All upholstered and glass products (that are outside “the flat pack”) should be checked with the driver as once driver will be gone we will not accept any damages issues
Buyer need to make sure that he has enough space to take goods inside his property if they are not buyer is still obliged to pay remaining balance in fully
2 options for delivery
-1 man delivery –goods are being delivered to your doors, driver will help you to take goods inside of your property if required (driver will not spend more then 15 minutes with you)
-2 men delivery-goods are being delivered to you and our team will take your goods inside your property (it is still your responsibility to make sure that you have enough space to take goods inside your property as our team will not be dismounting any doors etc and if there is not enough space goods will be left outside of your property and buyer required to pay remaining balance if any) and in case of upholstered furniture it will be unpacked and set up for you and flat pack furniture will be left in place shown by buyer however it is buyer responsibility to assembly them
If buyer choose to collect his goods himself from Seller’s warehouse, buyer must check for any damages as once goods will be passed to buyer Pol Furniture has no liability for any damages
We do not take any resposibilities for damages to your property and goods if there is not enaugh space to bring your goods inside and you are not denying or insisting to bring them in
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
RETURN OF UNUSED GOODS
All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
Any returns must be authorised by a representative of the Seller before any credit will be given and they can only be processed within 7 days from delivery date
Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
Credit of amounts due or paid in will only be given for goods that are in saleable conditionand have not been used.
all returns have to be paid by buyer
LIMITATION OF LIABILITY
The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
The Seller shall not 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 acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
Any goods sold on to a third party by the buyer which are defected, ‘ the seller’ will not accept liability.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.