These terms and conditions govern the supply of goods by Michael Vesty Furniture of Ashbank Farm, Lunts Moss, Scholar Green, Stoke-on-Trent, ST7 3QL, United Kingdom
1. Web site usage policy
1.1 This web site is governed by these Terms and Conditions. Purchasing goods displayed on this web site indicates that you have read, understood and accepted these Terms and Conditions.
1.2 We reserve the right to revise these Terms and Conditions at any time by updating this page. Each time you purchase goods from this web site you should ensure that you understand and accept the current Terms and Conditions. These Terms and Conditions apply from 1st January 2006.
2. Formation of the contract
2.1 The display of goods on our web site constitutes an invitation to treat and by completing our on-line order form (including your payment details) you are making an offer to us to purchase the relevant goods at the prices stated. Upon receipt of your details and when your payment has been processed, we will send an acknowledgment to you by e-mail. This shall constitute our acceptance of your order. Our acceptance of your order brings into existence a legally binding contract between us. Once your order has been accepted you are not able to amend the order without our written consent.
3. Price and payment
3.1 The prices payable for the goods that you order and delivery of those goods are as stated on this web site at the time you place your order (subject to any errors). All prices stated on this web site are exclusive of delivery charges unless otherwise stated. VAT is not chargeable. Please note that it may not be possible for us to deliver to some locations, or within specific time frames.
3.2 Payment may be made by the methods stated on this web site.
4. Delivery
4.1 We will deliver the goods ordered by you to the address provided by you on the order form. Delivery will be made as soon as possible after your order is acknowledged by us and we will endeavour to dispatch any order within 30 days of the date of your order. However, if you do not receive goods ordered by you within 30 days of the date of your order due to a cause beyond our direct control, we shall have no liability to you.
4.2 You will become the legal owner of the goods you have ordered when payment for the goods has been debited from your account and when they have been delivered to you. The goods will be held at your own risk from delivery. We will not be liable for their loss, damage or destruction after they have been delivered to you.
4.3 This web site is aimed at United Kingdom residents only. If you are resident outside the United Kingdom, the importation or exportation of goods by us to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase from this web site. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this web site.
5. Cancellation
5.1 You may cancel the contract between us for the goods you order at any time up to the end of the seventh working day from the date you receive the goods (the "Cancellation Date") if you are not satisfied with the quality. You do not have to pay any penalty. To cancel the contract you must notify us in writing on or before the Cancellation Date by letter, fax or e-mail and (if you have received the goods) comply with our returns policy set out at paragraph 6 below. You may not be entitled to cancel the contract after the Cancellation Date.
5.2 We reserve the right not to accept your offer to purchase the goods if:
(a) we
have insufficient stock to deliver the goods you have ordered;
(b) we do not deliver
to your location; or
(c) one or more of the goods you ordered was listed at an incorrect
price due to a typographical error , in which case we will notify you by e-mail as
soon as reasonably practicable that your order was not accepted and we will credit
your account with any sum debited by us.
6. Returns and refunds
6.1 All returned items must be unused and be complete unless agreed otherwise.
6.2 You must pay for the costs of return unless the goods are faulty, damaged or incorrectly supplied. The goods must be returned to us within 14 days. We recommend that you insure any goods which you return to us as you will be liable for them until they reach us.
6.3 If the contract is cancelled in accordance with paragraph 5.1 above, we will credit your account with any sum debited by us as soon as possible but in any event within 7 days of us receiving the returned goods (or if no goods have been dispatched, your notice to cancel) or notifying you of our cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Faulty, damaged or incorrectly supplied goods
7.1 You must notify us of faulty, damaged or incorrectly supplied goods within 14 days of receipt and we will arrange collection of these goods at our expense. If such goods are found not to be faulty they will be returned to you at your expense.
7.2 All goods returned pursuant to paragraph 7.1 must be unused and be complete with and other items that originally came with the goods, unless otherwise agreed.
7.3 If you request a refund we will credit your account with any sum debited by us as soon as possible but in any event within 7 days of us receiving the returned goods.
8. Warranties
8.1 Subject to the conditions set out below we warrant that the goods will be free from defects in material and workmanship for a period of twelve months from the date of delivery.
8.2 We shall be under no liability in respect of any defect arising from fair wear or tear wilful damage negligence failure to follow our instructions misuse or alteration or repair of the goods without our approval.
8.3 The above warranty does not extend to parts or materials not manufactured by us in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
9. Liability
9.1 Nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.2 Subject to paragraph 9.1 above, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) arising out of our action or inaction and we will not be liable to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
9.3 Whilst we make every effort to ensure the correctness of the information contained on this web site, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, graphics or products published in this web site. All liability arising due to any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10. Privacy policy
10.1 Parts of this web site require you to supply personal information. Any personal information that you supply will be held securely in accordance with the Data Protection Act 1998. You do not have to provide personal information to access our web site, but if you do not supply certain information then you will not be able to access certain areas and facilities on the web site.
10.2 We will not supply your personal information to any third parties for mailing purposes. We will only supply information to third parties where it is necessary for the completion of your order (usually for the purposes of delivery).
11. Brand names and intellectual property
11.1 All trade marks, brand names, product names, titles and copyrights used in this web site relating to products manufactured by third parties are owned by their respective holders. We give no permission in respect of the use of any of them and such use may constitute an infringement of the holder's rights. Any other intellectual property rights relating to this web site (unless otherwise stated) are owned by us.
12. Entire agreement
12.1 These Terms and Conditions set out the whole agreement between us relating to the supply of goods by us to you. No statement by any individual employed by us should be understood as a variation of these Terms and Conditions or as a representation about the nature or quality of any goods offered for sale by us.
13. Address for notices
13.1 Should you need to write to us notifying us with any comments, complaints or notices, they should be addressed to Michael Vesty Furniture, Ashbank Farm, Lunts Moss, Scholar Green, Stoke-on-Trent, ST7 3QL
14. Force Majeure
14.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defects to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control.
15. Jurisdiction
15.1 The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.