1. DEFINITIONS & INTERPRETATION
1.1 In these conditions, the following words and phrases shall have the meanings ascribed to them below:
- “Customer” means the person or party who purchases the Products from the Seller;
- “Seller” means Buy It Direct Limited (Company Number 04171412, VAT Number GB 721 3118 80) whose registered office is at Unit A, Trident Business Park, Leeds Road, Huddersfield, West Yorkshire, trading as Furniture123.co.uk;
- “Contract” means any contract between the Seller and the Customer for the sale and purchase of the Products, subject to and incorporating these conditions;
- “Products” means any Products agreed in the Contract to be supplied to the Customer by the Seller (including any part or parts of them).
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 Words in the singular include the plural and in the plural include the singular.
1.4 A reference to one gender includes a reference to the other gender.
1.5 Condition headings do not affect the interpretation of these conditions.
2. ENTIRE AGREEMENT
2.1 Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, communication, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Customer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a director of the Seller.
3. ORDER PROCESS
3.1 All orders placed by the Customer are subject to final acceptance by the Seller.
3.2 Following receipt of any order, the Seller may send to the Customer an order acknowledgement detailing the Products which have been ordered. This communication is not an order confirmation or order acceptance from the Seller.
3.3 Acceptance of the Customers order and the completion of the Contract between the Seller and Customer will take place on despatch to the Customer of the Products ordered unless the Seller has notified the Customer that the order has not been accepted or it has been cancelled by the Customer.
4. DESCRIPTION AND PRICING
4.1 The description of the Products shall be as set out on the Seller’s website at the time the Customer places an order.
4.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract which is not a sale by sample.
4.3 Every effort is made by the Seller to ensure that prices shown on the Seller’s website are accurate. If an error is found, the Supplier will inform the Customer as soon as possible and offer the option of reconfirming the order at the correct price, or cancelling the order. If the Seller does not receive an order confirmation within 3 days of informing the Customer of the error, the order will be cancelled automatically. If the Customer cancels the order, or if the order is cancelled automatically due to the expiry of the 3 day period, the Seller will refund or re-credit the Customer for any sum that has been paid.
4.4 All prices are shown in UK £s (pounds sterling) and unless expressly stated otherwise, include VAT (where applicable) at the applicable current rates but exclude delivery charges.
5. DELIVERY
5.1 Delivery of the Products shall be made:
- to the Customers address;
- at the Sellers sole discretion, to any address specified by the Customer; or
- by the Customer collecting Products at the Seller’s premises at any time after the Seller has notified the Customer that the Products are ready for collection.
5.2 The Customer acknowledges that it may be required by the Seller to provide proof address and identification (in the form of photo identification) prior to delivery being made.
5.3 Any dates specified by the Seller for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
5.4 If delivery is made in accordance with condition 5.1.3 above, the Customer shall take delivery of the Products within 5 days of the Seller giving it notice that the Products are ready for delivery.
5.5 If for any reason the Customer fails to accept delivery of any of the Products when they are ready for delivery, or the Seller is unable to deliver the Products on time because the Customer has not provided appropriate instructions, documents, licences or authorisations:
- risk in the Products shall pass to the Customer (including for loss or damage caused by the Seller’s negligence);
- the Products shall be deemed to have been delivered; and
5.6 If the Seller is requested to re-deliver the Products following a failed delivery in accordance with condition 5.5, the Seller reserves the right to make an additional charge for such re-delivery.
5.7 The Seller may deliver the Products by separate instalments. Each separate instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
5.8 The Customer shall be required to notify the Seller of any delivery shortages within 24 hours of delivery. If the Customer fails to notify the Seller of any such shortages within this time scale, the Customer shall be deemed to have accepted delivery of all Products.
5.9 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man. You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the goods to you, or alternatively to collect the goods yourself from our premises. The seller is willing on your invitation and as your agent to instruct a courier partner to deliver the relevant goods on your behalf for the prices set out in our delivery section. If you take up this option, you will enter into a direct contract with the courier partner in respect of the delivery of the goods under their standard terms and not with the seller, and you will be liable to the courier partner to pay the Delivery Rate. The seller will (unless you instruct us otherwise) collect payment of the Delivery Rate from you, and as your agent pay such amount to the courier partner. Any liability in connection with such delivery shall be between the courier partner and you, and shall not involve the seller. Insurance against loss or damage isn’t provided. The customer should arrange their own insurance against loss or damage. If you elect to arrange for someone else to deliver the goods to you, or will collect the goods from the sellers premises in the UK, you should make the appropriate election and contact the seller to make arrangements for the goods to be made available for collection. No collection of the Delivery Rate will be made by the seller in these circumstances. Full details of the charges to mainland Europe and Ireland are here.
6. RISK
6.1 The product will become the responsibility of the customer from the time of delivery with the exception for goods shipped outside the UK, Ireland and Channel Isles where the responsibility is taken at the time of shipping.
