Divani Mail Order Limited
Terms and Conditions of Sale
- 1. Definitions
1.1. “you or your” mean any person firm or company buying goods from us.
1.2. “we, us or our” means Divani Mail Order Limited of Maerdy Industrial Estate, Rhymney, South Wales NP22 5YD.
1.3. “these conditions” means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by us.
1.4. “goods” means the goods supplied by us to you.
1.5. any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.6. the headings in these conditions are for convenience only and will not affect their interpretation.
- 2. The agreement between you and us
2.1. These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions which you propose should apply under any purchase request or order, confirmation of order or any similar document.
2.2. No variation to these conditions shall be binding upon us unless that variation has been agreed in writing by our authorised representatives and you.
2.3. Our employees or agents are not authorised to make any representations concerning the goods unless confirmed by us to you in writing. In entering into any contract to buy goods you acknowledge that you do not rely on any such representations which are not so confirmed.
2.4. Any advice or recommendation given by us or our employees or agents to you or your employees or agents as to the storage, application or use of any goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and we will not be liable for any such advice or recommendation which is not so confirmed.
2.5. Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by us will be subject to correction without any liability on our part.
2.6. All orders for goods shall constitute an offer by you to purchase those goods from us pursuant to these conditions.
2.7. All specifications, dimensions, descriptions and illustrations contained in any sales literature, quotation, or pricelist or other advertisement matter are intended merely to represent a general idea of the goods that we sell. Dimensions are given as an approximate guide only. Colours are rendered as accurately as the printing process allows. We reserve the right from time to time to make changes to these provided that these changes will not materially affect the quality or fitness for purpose of the goods you purchase from us.
- 3. The Price and Payment
3.1. The price of the goods shall be our quoted price.
3.2. When ordering the goods you will be asked how you intend paying for them. If you choose to pay for the goods by debit/credit card you must pay the whole purchase price when you place your order. With all other methods of payment you will be required to pay a deposit equivalent to 25% of the total price as a deposit when you place your order.
3.3. The balance of the price of the goods must be made on or before the date of delivery by any one of the following methods:-
(ii) certified Building Society cheque
(iii) banker’s draft
3.4. Personal or business cheques are not acceptable forms of payment where payment of the balance due to us is made at the time of delivery. If you wish to pay the balance by personal or business cheque, the cheque must be received by us at least 7 working days prior to the delivery date.
3.5. For orders other than furniture, payment must be made in full on placement of any order.
3.6. If for any reason you fail to make payment as required by these terms and conditions, then with effect from the date of delivery of the goods to you, the balance of the price will bear interest at the rate of 3% for each month or part of a month until such time as the balance of the price has been paid in full.
3.7. Payment of the price is of the essence.
- 4. Delivery or collection of the goods
4.1. We will deliver the goods to the address specified by you provided that address is within the United Kingdom mainland. Any charges for delivery will be notified to you when you place your order. These charges must be paid with the balance of the price.
4.2. If you require the goods to be delivered to any address outside the UK mainland you must make your own arrangements for collection and delivery. We will, at your request deliver the goods to an address or location within the UK mainland for collection by you provided you pay the charge for delivery referred to in 4.1 above.
4.3. If you tell us you intend collecting the goods yourself either from our premises or where we have agreed to deliver the goods to any destination from which you intend collecting, then pursuant to 4.2 above, when the goods are available for collection we will notify you of this and of the times they can be collected. Where we deliver the goods in accordance with the provisions of condition 4.2 the content of condition 4.5 shall apply. In all other cases if you fail to collect the goods within 28 days of this notification we will write to you informing you that unless you arrange to collect the goods within a further 14 days we will re-sell the goods and deduct from any sums held by us any loss of profit together with a reasonable sum not exceeding £100 for the costs of storage and administration charges.
4.4. Where delivery has been agreed but cancelled en route or upon arrival or if delivery is refused or rejected by you for any reason other than the goods being faulty, we reserve the right to apply a charge pursuant to clause 8.6 for the cost of transporting the goods back to us;
4.5. It is your responsibility to ensure your own availability to take delivery once a delivery date has been agreed. It is also your responsibility to ensure there is adequate access to the property and into the premises where the goods are to be delivered. Please check dimensions of internal and external access points including doors, corridors, stairs and corners to ensure access is possible. If in any doubt, please contact us for further advice.
4.6. If either you or someone on your behalf is not available to take and agreed delivery or if, as a result of inadequate access for any reason, we are unable to deliver the goods you will be required to pay a further delivery charge before any further attempt to deliver the goods is made.
4.7. Any dates we give you for delivery of the goods are approximate only and we will not be liable for any delay or non-delivery of the goods however this is caused. The goods may be delivered by us in advance of any estimated delivery date upon reasonable notice.
4.8. We do not accept liability for any loss or damage suffered by you in consequence of any failure or delay in delivery.
4.9. The goods will be at your risk from delivery which shall be deemed to have taken place:-
4.9.1. if we have delivered the goods, when they are unloaded from our vehicle and (where reasonably practicable) placed in the property specified by you or unloaded into the possession of your nominated carrier. Any such carrier will be deemed to be your agent.
4.9.2. if you undertake to collect the goods, when the goods are loaded into your vehicle or that of your designated carrier at our premises or other location. Again any such carrier will be deemed to be your agent.
- 5. Ownership of the Goods
5.1. Ownership of the goods will not pass to you until we have received in cash or cleared funds payment in full of the price of the goods together with any delivery or other charges you are required to pay.
5.2. Where the contract between us for the sale and purchase of the goods has been cancelled for any reason the goods will become our property (where ownership has already been transferred to you) though you must take reasonable care of the goods until we have collected them from you.
- 6. Bringing a Claim
6.1. We ask that you inspect the goods as soon as reasonably possible after delivery. You must notify us immediately of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. You must allow us an opportunity to collect and inspect the goods within a reasonable time after delivery and before you make any use of the goods. If you fail to comply with these provisions the goods will be conclusively presumed to be in accordance with the agreement between you and us and free from any defect or damage which would be apparent on a reasonable examination of the goods and you will be deemed to have accepted the goods.
6.2. If the goods are not in accordance with the agreement between you and us for any reason we will make good any shortage defect damage or failure to comply with description or sample by replacing or repairing the goods. We undertake to do this causing as little inconvenience to you as possible.
6.3. We will not repair or replace the goods either if it is impossible to do so or if (acting reasonably) we consider to do this would be excessive having regard to the value of the goods, nature of the defect and the extent of inconvenience likely to be caused.
6.4. If we decide not to repair or replace the goods for any of the reasons specified in sub-clause 6.3 or, having undertaken to repair or replace the goods we fail to do this within a reasonable time, you can:-
6.4.1. require us to refund an appropriate amount of the price or
6.4.2. cancel the contract between us. Any reimbursement may be reduced to take account of the use of the goods since delivery.
- 7. Guarantee
7.1. These guarantee provisions apply between you and us as part of our contact. Guarantee provisions are not transferable without our written agreement.
7.2. All our goods are guaranteed against manufacturing defects which become apparent and are notified to us within 2 years of the first date upon which the goods are delivered to you. Our guarantee is limited to inherent defects in materials and/or workmanship and we do not accept liability caused by improper use or abuse of the goods.
7.3. In order that we may undertake an inspection of the goods, you will be required to allow us to transport the goods to our premises. We are not obliged to provide alternative goods on loan whilst your goods are being inspected but we will undertake to collect the goods and complete the inspection as quickly and with as little inconvenience to you as possible.
7.4. Any inherent defect in the manufacture and/or workmanship will at our discretion be repaired or replaced subject to sub-clauses 6.3 and 6.4 above.
7.5. If the goods prove to be inherently defective we will bear the cost of transportation to and from your property together with the costs of repair or replacement. If they are not defective under the terms of this guarantee, then you must pay our transport costs subject to a maximum of £50.00 per delivery/collection.
7.6. If you refuse to accept the return of the goods to you, then we may at our discretion charge you a storage fee of £1.00 per day or a disposal fee of £50.00.
7.7. The guarantee is only applicable to goods made available for collection at an address within the UK mainland. If you have taken goods to an address outside the UK mainland it is your responsibility to make the goods available for collection within the UK mainland.
7.8. The guarantee will apply to goods purchased for private general domestic use only. We reserve the right to withdraw the guarantee provisions herein if the goods are used within a commercial, rented or sub-let environment.
- 8. Cancellation/Refunds
8.1. You have an unconditional right to cancel an order placed via mail order up to 7 working days after the date of delivery in accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000.
8.2. You have the additional right to cancel, where applicable, the goods purchased at any point up to the 21st day after the goods have been delivered to you. The 21-day period commences on the day the goods are delivered and expires on the 21st day thereafter.
8.3. The right to cancel as provided within clause 8.1 and 8.2 is conditional upon written notification being delivered to the address detailed within the Order Confirmation Note and received by us within the periods stipulated.
8.4. Where cancellation is notified within the period as provided by clause 8.1 herein, all charges paid in relation to the contract will be refunded, less the charge made in accordance with clause 8.6 herein for the collection of the goods;
8.5. Where cancellation is notified within the period between clause 8.1 and 8.2 (i.e. between 7 working days and 21-days) any charges paid in relation to the contract will not be refunded. This will include the initial delivery charge and any subsequent charge for a failed or refused delivery. The charges in accordance with clause 8.6 will also apply.
8.6. In accordance with the Regulations referred to in 8.1 above we will charge you the transport cost of return/collection up to £60 per suite. A suite will consist of up to four items per order. Some Scottish regions will incur an additional delivery/collection charge per suite. Collection charges will be notified to you at the time of cancellation.
8.7. Where cancellation relates to part only of the delivered order, the delivery charges will not be refunded. The charges referred to in 8.6 will apply for the cancelled part of the delivered order.
8.8. Where cancellation pursuant to clauses 8.1 and 8.2 is exercised, ownership of the goods will revert to us. The cancellation will be subject to the following provisions:-
8.8.1. that you take reasonable care of the goods and refrain from using the goods further whilst awaiting their collection and;
8.8.2. that the goods are made freely available for collection.
8.9. If you fail to comply with the requirements of clause 8.8.1 and the furniture is returned to us in a damaged and/or unsatisfactory condition, we reserve the right to withhold a reasonable sum for the resulting loss in value of the goods. If we propose doing this we will notify you within 5 working days after the goods have been collected and inspected. In such circumstances we will afford you an opportunity to inspect the goods within a reasonable time following their collection.
8.10. You will be notified of a collection date within 21 days of the notice of cancellation. If you do not make the goods freely available for collection in accordance with clause 8.8.2., we reserve the right to claim recompense for the goods delivered and not returned.
8.11. Where the cancellation is exercised is accordance with clause 8.1 we shall refund the purchase price of the goods, less the appropriate deductions as detailed within clause 3.7 and 8.6 above within 30 days of the notice of cancellation.
8.12. Where cancellation is exercised in accordance with clause 8.2 the refund will be issued provided only that the provisions of sub clauses 8.8.1 and 8.8.2 are satisfied. We reserve the right to reject a cancellation request under clause 8.2 if the requirements of sub-clauses 8.8.1 and 8.8.2 cannot be fulfilled.
8.13. If your order for goods placed by mail order is cancelled prior to delivery, all cleared funds received by us from you will be refunded within 30 working days.
- 9. Exchanges
9.1. Where goods are cancelled in accordance with clause 8.1 or 8.2 herein but alternative goods required from us, or our associated Companies in exchange, the exchange goods will be covered by the cancellation rights afforded by clause 8.1 only.
9.2. A charge for the collection of the cancelled goods will apply in accordance with clause 8.6 herein.
10. Bespoke Orders
10.1. We may at our discretion manufacture goods which do not form part of our current or standard product range to your own specification. In these circumstances you will be required to sign a “Bespoke Order Agreement” form. After you have signed this form, the cancellation provisions of condition 8 herein will not apply. Payment in full is required when placing a Bespoke order.
10.2. You are also referred to the provisions of Clause 4.5 herein and will ensure that delivery can be achieved before placing your Bespoke Order. We cannot accept responsibility for the failure of your Bespoke Order delivery due to inadequate access.
- 11. Premier Care Protection Policies:
11.1. If you have purchased the Premier Care five-year programme, the policy document will be issued to you up to 30 days after delivery of your furniture. The Policy is operated by HomeServe Plc. Any claims under the warranty must be registered immediately with Homeserve quoting the policy number:
11.1.1 For Fabric upholstery, the Premier Care Protection treatment will be applied to the furniture prior to its delivery to you;
11.1.2 For the Premier Care Leather Protection Policy – a free care kit is provided which will be delivered, where available, with the furniture.
11.2. Should you wish to exercise your right to cancel the furniture, or policy, within clause 8 herein, you will be required to return the care kit detailed in 11.1.2 in its original sealed packaging. If you wish to retain the care kit on cancellation, or cannot return it to us packaged and sealed in the condition delivered, a charge of £25 will be applied accordingly.
11.3. The Premier Care Protection policy does not apply for use of the goods in a commercial, rented or sub-let premises.
- 12. The extent of our liability to you
12.1. In the event of any breach of these conditions, your remedies will be limited to damages and under no circumstances will our liability exceed the price of the goods. We shall not in any event be liable to you for any indirect loss and/or expense (including loss of profits) suffered by you as a result of any breach by us of these conditions.
12.2. We will not be liable to you or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-
12.2.1. act of God, explosion, flood, tempest, fire or accident;
12.2.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.2.3. acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
12.2.4. import or export regulations or embargoes;
12.2.5. strikes, lockouts or other industrial action or trade disputes whether involving our employees or those of any third party;
12.2.6. difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
12.2.7. power failure or breakdown in machinery.
- 13. Time Limits
13.1. Any period of time specified in these conditions, with the exception of clause 8.1, will run from the first date upon which the goods are delivered to you or your agent. If for any reason you receive replacement goods any rights available to you in respect of those replacement goods shall only be available for the remainder of any such period.
- 14. Miscellaneous
14.1. From time to time, we may offer for sale through our showroom premises items of furnishings, such as occasional tables and lamps, that do not form part of our standard brochure upholstered furniture range. In such circumstances, the guarantee provisions provided by conditions 7 and 8 herein will not apply. Your statutory rights with regard to such purchases remain unaffected.
- 15. General
15.1. Save that any statutory rights are not affected all terms, conditions and warranties (whether implied or made expressly) relating to quality and/or fitness for the purpose of such goods are excluded.
15.2. No waiver by us of any breach of these conditions shall be considered as a waiver of any subsequent breach of the same or any other provision of these conditions.
15.3. These conditions and/or contracts between us will be governed by and construed in accordance with English law.
15.4. If any provision of these conditions is held to be invalid or unenforceable in whole or in part, the validity of any other provision of these conditions shall remain unaffected.
15.5. For all purposes your statutory rights remain unaffected.
MAIL ORDER LIMITED
TERMS AND CONDITIONS OF SALE