Business Policies
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
1. Definitions
i. “Buyer” means the person who buys or agrees to buy the Products from the Seller.
ii. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
iii. “Delivery date” means the date specified by the Seller when the Products are to be delivered.
- “Products” means those goods specified.
- “Price” means the price for the Products including carriage, packing and VAT.
vi. “Seller” means Leyland Furniture Store.
vii. “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions applicable
i. Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
ii. The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
iii. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
iv. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
3. The Price and Payment
i. Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice.
ii. Payment of the Price shall be due at the date of the delivery. Time for payment shall be of the essence. If the Buyer does not pay the Price on delivery of goods the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
iii. Interest on overdue invoice (where applicable), shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above barclays Bank Plc’s base rate and shall accrue at such a rate after as well as before any judgement.
iv. For any payment made by cheque which subsequently is “referred to drawer” an administration charge of £50 will be made to the Buyers account.
v. The Buyer agrees to indemnify the Seller against all costs and expenses, including but not limited to any legal costs and expenses and fees incurred with any third party Debt Recovery Agency, on a full indemnity basis incurred or sustained by the Seller in recovering sums due in each case without prejudice to any other rights or remedies available to the Seller
4. The Products
i. The quantity and description of the Products shall be set out in the Seller’s quotation.
ii. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
iii. Photographs are for illustration purpose only, and may not exactly match the product itself.
5. Warranties and Liability
i. All goods supplied by the Seller come with a manufacturer’s warranty of 12 months.
ii. The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
iii. The Seller does not provide any warranty cover against defects in his own right.
- Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- Insofar as is permitted by law, our only liability to you under these terms and conditions will be , at our sole discretion to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as consumer.
6. Delivery, Returns and Cancellations
i. The Seller shall make delivery of the products by notifying the Buyer that the products are available for delivery and a date will be arranged with the Buyer to receive the products.
ii. The Seller reserves the right not to deliver the Buyers order until the total order value exceeds £750 nett of VAT.
iii. The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
- The Seller shall not be liable for any delay in delivery howsoever caused.
- All orders for delivery to addresses within mainland GB are delivered free of charge.
vi. Generally, where an order contains more than one items all items will be delivered at the same time once all items are available. The Seller maintains the right to part deliver the order if the Buyer agrees.
vii. Where a delivery date has been agreed but the customer isn’t present to receive the delivery or refuses to accept the delivery, we reserve the right to charge the customer with the redelivery of the failed delivery. The charge for redelivery will be £50.
7. Acceptance of the Products
i. Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 working days after delivery to the Buyer.
ii. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and Risk
i. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
ii. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
iii. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9. Insolvency of Buyer
i. This clause applies if: a) The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation
(otherwise than for the purposes of amalgamation or reconstruction) or b) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or c) The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or d) The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
ii. If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
10. General
i. Neither party shall 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 strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
ii. Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
11. Headings
i. The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
ii. Representations No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be constructed to enlarge, vary or override in any way thereof any of these conditions.
iii. Additional costs The Buyer agrees to pay for any loss or extra cost incurred by the Seller through the buyers instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Buyer, its servants, agents or employees.
12. Replacement Products
i. All replacement products supplied under warranty must be paid for in full if the product to be replaced has not been made available for collection 4 weeks after the replacement product has been delivered.
ii. The Seller reserves the right to hold delivery of all orders until replacement products have been collected or paid for in full.
13. Proper Law of Contract
i. This Contract shall be governed by the law of Northern Ireland and any dispute, question or remedy howsoever arising determined exclusively by the Courts Northern Ireland.