TERMS AND CONDITIONS
1.1 These conditions are the only conditions upon www.regentchairs.co.uk (“the seller”) is prepared to deal with its customer (“the buyer”) and they shall govern the contract to the total rejection of any other express or implied conditions.
1.2 These conditions may only be revised by a modification in writing signed on behalf of the seller by a senior director and no other action on the part of the seller (whether delivery of the goods or otherwise) shall be interpreted as an approval of any other conditions.
1.3 These conditions (as adapted in accordance with Clause 1.2 and together with the matters referred to on the face of the seller’s quotation and/or approval of order) symbolise the entire understanding of the parties and supersede any prior arrangements, promises, representations, undertakings or suggestions.
1.4 No contract shall be confirmed until the seller sends a notice of acknowledgement of the order to the buyer. Any quotation in any form given to the buyer is given subject to these conditions and does not signify an offer to sell.
All export orders must be accompanied by evidence of export and a valid VAT number from importing country before invoicing, otherwise VAT will be charged.
2. Refunds and Credit notes:
2.2 The foregoing warranty is provisional upon :-
2.2.1 the buyer giving written notice to the seller of the apparent defect in the goods, such notice to be received by the Seller within 24 hours of receiving the goods, After 24 hours of the buyer receiving the goods the Seller will not take any responsibility or liability for the goods as they are sold Business to Business for the purpose of commercial and public use.
2.2.2 the Buyer giving the Seller a reasonable opportunity to inspect the goods and, if so requested by the Seller, returning the apparent defective goods to the Seller’s works, carriage pre-paid, for inspection to take place there.
2.3.2 (whether direct, indirect or consequential) the Seller shall be under no liability for any loss or damage Whatsoever arising which may be suffered by the Buyer.
2.4 In the event that, notwithstanding the foregoing provisions of this Clause 2, the seller is found liable for any loss or damage suffered by the Buyer, that liability shall in no event exceed the purchase price of the goods.
3. Price
3.1 The price for each consignment of the goods will be that stated on the website.
3.2 The goods price is exclusive of value added tax or any similar taxes, levies or duties, which will be added to or charged on invoices at the current rates.
4. Payment
4.1 Unless otherwise agreed in writing, the goods must be paid for in full on placing the order.
4.2 If any payment that is to be made hereunder by the Buyer to the Seller is overdue, interest will be chargeable thereon as well after as before judgment on a day to day basis at 4% (four per cent), until the sum due is paid.
4.3 Where any sum owed by the Buyer to the Seller under this or any other contract is overdue the Seller may withhold any deliveries of goods due to be made under this contract until arrangements as to payment have been established which are satisfactory to the Seller. No goods will belong to the buyer until the seller receives payment in full.
All prices exclude VAT – Note: Prices shown separately on website with and without VAT.
Payment can be made in the following ways;
(i) Proforma Invoice (ii) Debit/Credit Card. Credit cards will incur a charge of 2.5% – Card payments made over the phone may require emailed copies of both sides of the card.
(iii) BACS / CHAPS Payment. Receipts of bank transfers must be emailed and only when cleared funds are received will the invoice be deemed paid. All export orders must be paid in Sterling. There is a minimum order of £500.00 UK and for Export. All payments to be made to Marthill Ltd 166 Lower Regent Street Nottingham NG9 2DJ.
5. Delivery and Collection
5.1.1 If the goods are to be delivered, then delivery of each consignment of the goods shall be made to the place, and in the manner, designated by the Buyer when placing the order provided that the Seller shall be entitled to withhold delivery of the goods as provided in Clause 4.3.
5.1.2 If the goods are to be collected then upon the Seller giving notice to the Buyer that the goods (or any part thereof) will be ready for collection on a specified day, the Buyer will arrange for the same to be collected within seven days of such day. The Buyer will give the Seller at least two days’ notice of the time and manner in which he proposes to collect the goods.
5.2 Unless otherwise agreed, the price quoted for the goods by the Seller shall be exclusive of the costs of delivering the same for which the Seller shall invoice the Buyer separately. Such charges shall include the costs of freight.
All payments to be made to Marthill Ltd 166 Lower Regent Street Nottingham NG9 2DJ
5.3 Unless otherwise specifically agreed in writing any delivery times specified by the Seller in its quotation or otherwise are business estimates only and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Seller’s failure to comply with such delivery times.
5.4 If the buyer being a company shall pass a resolution or suffer an order of a court to be made for its winding-up, or if a receiver shall be appointed, or if a petition for the appointment of an administrator shall be presented in respect of it, or being an individual or partnership shall suspend payment or propose to enter into any composition with creditors or become unable to pay its debts (or have no reasonable prospect of so doing) or suffer a bankruptcy order, then the Seller may without prejudice to any other right rescind the contract, or suspend or cancel delivery or recover the possession of any goods for which payment in full has not been received.
All orders will endeavour to be delivered in 7-10 days. Many orders can be delivered in 1-3 days depending on order.
The buyer must take full responsibility for ensuring orders & delivery addresses are correct and appropriate payment is ready for driver.
Method of payment must be confirmed at the booking in stage and in the event that payment cannot be made available the delivery will be rescheduled. If after booking in payment cannot be made to the driver, or if delivery cannot be made for any other reason, the delivery will incur a Refused Delivery charge of between £50-£100 depending on location and size of delivery.
All invoices must be paid in full before collection or delivery by the buyer, the goods will remain the property of the Seller until the Seller has confirmed that cleared funds have been paid by the buyer.
If goods have been paid for or deposit received and not collected with in 7 days we will allow another 5 days then after rent will be charged at £50 per week per pallet.
If goods are not delivered with a deliver date agreed within 7 days of purchase the above will apply.
If the goods are not delivered or collected with 4 weeks of purchase the customer will loose the full amount paid.
6. Risk and Property
6.1 The responsibility of the goods shall pass to the Buyer upon delivery of the goods to the Buyer or any carrier acting on the Buyer’s behalf.
6.2 The property of the goods shall not pass to the Buyer until the complete price of the goods is paid in full.
6.3 Until such time as the complete price of all such goods has been paid in full:-
6.3.1 they shall be held by the Buyer in a trustworthy capacity and stored by the Buyer at their premises in such a manner that they are clearly recognisable as the goods of the Seller and shall be kept separate from any other goods whether or not supplied by the Seller;
6.3.2 they shall be handed over to the Seller on demand and the Seller shall be entitled to retake possession of them without prejudice to any of its rights against the Buyer and the Seller is hereby granted a licence to enter into the Buyer’s premises for the purpose of recovering the goods.
6.4 If the Buyer shall allow the goods to become incorporated into or be used in the manufacture of other goods before the full price of the goods is paid to the Seller the property in the whole of those new goods shall be that of the Seller who shall be entitled to take possession of the new goods and the Seller is hereby granted a licence to enter into the Buyer’s premises for the purpose of recovering the new goods. The Seller shall be entitled to sell the new goods and shall retain from the proceeds of sale thereof a sum equal to the amount outstanding to it in respect of the price of the goods and shall pay the balance of the sale proceeds to the Buyer. Regent Chairs ( Marthill ) do not take liability for any certificates or any any fire testing on UK regulations for furniture supplied as it is made from a third party.
7. Initial Defects 7.1 The Buyer shall have no claim in respect of any breach of the warranty in which should have been apparent on a reasonable visual examination of the goods unless the conditions are satisfied.
7.2 The Buyer shall have no claim in respect of the fact that the goods delivered are of the wrong description unless the conditions hereof are satisfied.
7.3 The conditions before referred to are that:-
7.3.1 the receipt for the goods is qualified by a remark to that effect, and
7.3.2 the claim is made upon the Seller in writing within one day of delivery in the case of damage or three days of delivery in the case of shortages.
7.4 In any event the Buyer shall be treated as having accepted any consignment of the goods if it retains them for longer than one month after their delivery.
8. Storage
8.1 The Seller shall be entitled to store the goods (or any of them) at the Buyer’s expense at its own premises or elsewhere if:-
8.1.1 where the Buyer is required to collect the goods from the Seller’s works, the Buyer fails to take delivery at the time specified therefore under Clause 5.1.2;
8.1.2 where the arrangement is for the goods to be delivered by the Seller, either the Seller is unable to despatch the goods by reason of any act or omission on the part of the Buyer, or the Seller has despatched the goods but the Buyer fails to take delivery thereof;
8.1.3 the Seller is withholding delivery of the goods pursuant to Clause 4.3.
8.2 The expenses that the Seller may reclaim from the Buyer all reasonable costs incurred by the Seller (whether by way of storage, insurance or otherwise) in respect of the goods [and it is expressly declared that it shall be reasonable for the Seller to effect insurance in respect of the goods notwithstanding that the risk therein may have passed to the Buyer].
9. Refunds and Cancellations
Contracts are not subject to cancellation without the Seller’s written consent. Where cancellation is accepted, the Seller shall in addition to any express terms of cancellation be entitled to reimbursement of any costs incurred by the Seller in connection with the contract.
Incorrectly ordered items or cancelled orders cannot be returned.
Goods that have to be exchanged must be retained in exactly the same condition as they were acquired. These goods must show no evidence of assembly and must be in their original packaging.
Goods that show any sign of assembly that are brought KD (Flat packed) cannot be returned. Items that are returned incomplete will not be credited and this includes fittings, knobs, etc.
Assembled goods purchased by the buyer from the Seller can be returned for an inspection at the buyers costs, If the Assembled goods after inspection are found to have a manufactures defect the delivery cost will be refunded and exchanged for the same item. If found not to have manufactures defects the buyer will have to pay for delivery or arrange collection. Any defects will need to be reported within 24 hours after delivery from the buyers or any liability will not be accepted by the Seller.
In the event where returned goods cannot be credited these items have to be collected by the buyer within 7 days. After this period the item will be disposed of and will incur a disposal charge.
If these items have to be returned to the buyer this will incur a handling charge. Buyers are reminded that damage caused by assembly or misuse will not be credited and will incur disposal charges where applicable. It is not acceptable that these items are returned for credit and it is the buyers responsibility to distinguish between manufacture fault and damage caused by assembly or misuse.
Goods risk will move to the buyer as soon as the goods are unloaded off the vehicles.
Prior notice must be given for goods that are to be returned and ensure that all above conditions are met and also the original invoice must be made available.
Returned goods can only be accepted by www.regentchairs.co.uk drivers if authorised by the sales team. Drivers will only collect items which have not been assembled, in their original packing and on receipt of an authorised returns form. If goods are to be returned to our drivers, a detailed description for reason of return together with the invoice number must be reported at booking in stage.
Where applicable spare parts will be posted to rectify problems – this may involve a charge. If the customer requires any certification or certificates this will be at the customers cost. We do not accept liability of any standards being met with the furniture to any uk regulations. It is the customers responsibility to ask for the furniture to be tested at their cost before purchase.
10. Force Majeure
The Seller shall have the right to cancel or to reduce the volume of the goods delivered if it is prevented from or hindered in delivery of the goods through any circumstances beyond its control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, without incurring any liability for any loss or damage whatsoever resulting therefrom.
11. Drawings and Descriptions
All drawings, photographs, illustrations, specifications, performance data, dimensions, weights, and the like, whether contained in the contract or made by way of representation, have been provided by the Seller in the belief that they are as accurate as reasonably possible, but they do not constitute a description of the goods, shall not be taken to be representations made by the Seller, and are not warranted to be accurate.
12. Headings
The headings to the Clauses of this Agreement shall not affect the construction of this Agreement.
Note: The Seller’s prices are calculated on the basis that the above Conditions will apply. Buyers requiring prices to be quoted on a different basis should inform the Seller.
Returns and exchanges must be returned to www.regentchairs.co.uk Quality Control department and upon satisfactory inspection reports credit notes will be raised.
All delivery notes and invoices must be signed and printed by consignee.
All returns must be accompanied by a valid returns note. Goods returned without valid documentation will not be credited.
Goods which have been assembled will not be credited unless there is clear evidence of manufacture defect. The buyer must take full responsibility for the checking & unloading of all deliveries.
In the interest of Health & Safety and for Security purposes all deliveries:
Less than £1000.00 the customer must provide at least one person to unload. Above £1000.00 the customer must provide at least two people to unload.
Claims for shortages will not be accepted after delivery. Damages and shortages must be reported to the driver and details reported to the office at time of delivery and must be noted on all documentation and signed by the driver.
By making payment and purchasing you are agreeing and accepting www.regentchairs.co.uk <https://www.regentchairs.co.uk/> terms and conditions of sale.
We reserve the right in our absolute discretion to refuse any application to register and access the website services and to temporarily or indefinitely suspend any registered members.
* To the fullest extent permitted by law, Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) gives no warranty or representation of any kind, either express or implied, as to the quality, condition or fitness for purpose of the merchandise, nor is any warranty or representation to be taken to have been given or implied from anything said or written in negotiations with Marthill or their representatives prior to purchase.
* The goods sold on this Marthill ( www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) site are sold as ‘trade’ and as a customer purchasing via this site or on business premises you are not covered by legislation that protects non trade consumers. Regardless of the classification of the stock furniture on sale, all merchandise sold on this site is sold without any form of warranty or guarantee. Full liability for any future issues with all merchandise will sit with the purchaser from this site and not Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) . As a perspective purchaser you need to consider these facts before buying and reflect this in any purchase that you make. Unless specifically covered by another term set out within these terms and conditions you will NOT be compensated if products develop a fault after resale by you to a third party or during future usage by you.
* Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
* Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in these T&Cs, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
* Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
* Notwithstanding the above, Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
* We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
* You agree to fully indemnify, defend and hold us harmless immediately upon demand from and against all actions, liability, claims, losses, damages, costs and expenses (including legal fees) we incur arising directly or indirectly as a result of your breach of these terms and conditions.
* To the extent permitted by applicable law, the contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
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* Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) shall be under no liability for any delay or failure to perform any obligation as specified in these Terms & Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
* You may not assign or sub-contract any of your rights or obligations under these Terms & Conditions or any related order for products to any third party unless agreed upon in writing by Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ).
* Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms & Conditions or any related contract to any third party.
* If any portion of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms & Conditions shall not be affected.
* These Terms & Conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) any member of Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) shall have the right to enforce any rights or benefits under these Terms & Conditions;
b) any member of Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these Terms & Conditions;
c) a person who is a permitted successor or assignee under these Terms & Conditions may enforce such rights or benefits;
d) no consent from the persons referred to in the T&Cs is required for the parties to vary or rescind these Terms & Conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
* No delay or failure by Marthill(www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Marthill(www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) .
* These Terms & Conditions including the documents or other sources referred to in these Terms & Conditions supersede all prior representations understandings and agreements between you and Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) relating to the use of this website and sets forth the entire agreement and understanding between you and Marthill (www.RegentChairs.co.uk <https://www.regentchairs.co.uk/> ) for your use of this website.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Regent Chairs
Phone: 01159223300
info@regentchairs.co.uk
