BLACK SWAN FURNITURE
Unique Furniture for Unique People™
TRADING TERMS &CONDITIONS
Black Swan Furniture:
All orders placed with Black Swan Furniture will incorporate these terms and conditions, which will supersede any and all terms and conditions, proposed by the customer. Please read these terms and conditions carefully before placing an order with Black Swan Furniture.
By placing an order with Black Swan Furniture you accept these terms and conditions. The Company may change the terms & conditions without prior notice to you in relation to future sales and prospects.
Black Swan Furniture is committed to security and privacy of both personal and business information and promises to operate under verifiable ethical standards as shown below and in accordance with the Data Protection Act 1998.
1 Ordering and Payment
1.1. Your order will be taken by us electronically or by fax or phone or in person. By placing an order with Black Swan Furniture you accept these terms and conditions.
1.2. We will acknowledge receipt of your order by email, fax or verbally by phone. We reserve the right to decline any order placed.
1.3. We accept payment by cheque, bank transfer, or PayPal. Cheques must be drawn against a UK Sterling account and should be made payable to Black Swan Furniture and posted to us at:
Waters Farm, Hammonds Road, Hatfield Broad Oak, Hertfordshire, CM22 7JS.
1.4. We reserve the right to alter payment methods, reject payments or accounts and in such cases full refunds will be provided to the customers.
1.5. Orders will only be accepted on a Pro-Forma basis, with payment being received by Black Swan Furniture before an order will be released.
1.6. To ensure that your PayPal account is not being used
without your consent, we may validate name, address and other information supplied against third party databases. By accepting these terms & conditions you consent to such checks being made. In performing these checks information provided may be disclosed to a registered Credit Reference Agency. You can be assured that this is only done to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
1.7. All orders of fabric are payable in full at time of order and are non refundable.
1.8. On stock items a deposit of 50% is payable on all items of furniture when you place an order. On bespoke items 100% is payable when you place an order unless otherwise agreed.
1.9. The deposit represents part payment for the goods. If the order is cancelled by you, Black Swan Furniture shall be entitled to retain the deposit to the extent of their resonable losses and expenses suffered as a result of the cancellation.
1.10 Bespoke items cancellation policy: All our bespoke furniture is made specificly for you. Please make sure that the dimensions, covering fabric and finish colour/s are as confirmed. This is because our Bespoke Item orders cannot be cancelled by you, either before or after delivery.
1.11. If for any reason you wish to cancel your furniture order within seven-days of the order date, your deposit will be refunded in full.
2.1. The prices payable for goods that you order are as set out on our trade web site, or as negotiated between us.
2.2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
2.3. We reserve the right to change prices without prior notice.
2.4. The delivery charges shown on our price list are for UK deliveries only and exclude VAT, unless shown otherwise.
2.5. All delivery charges for orders outside the UK will be quoted on an individual basis.
2.6. While we try to ensure that all prices are accurate, errors may occur. Should this occur we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling.
3 Cancellation by us
3.1. We reserve the right to cancel the contract between us if;
3.1.1. we have insufficient stock to deliver the goods you have ordered;
3.1.2. do not deliver to your area; or
3.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
3.2. If we do cancel your contract we will notify you by e-mail or phone and will re- credit to your account any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or loss of business suffered.
4 Delivery of goods to you
4.1. We will arrange for delivery of the goods ordered by you to the address you give us
for delivery at the time we accept your order.
4.2. We will make every effort to ensure delivery will be made as soon as possible after your order is accepted. However, we will not be liable for any losses incurred by the buyer for failure to deliver by a particular date.
4.3. We undertake a majority of deliveries using our own vehiles, on occassions that we use a third party, we will use reputable furniture carriers. Nonetheless we cannot accept responsibility for delays caused solely by the default of the carrier.
4.4 Ex-works: We will make the goods avalible to you from our warehouse, we are not responsible for loading the goods on the vehicle provided by the buyer. The buyer bears the full cost and risk involved in bringing the goods to the desired destination.
5. Ownership of goods
5.1. Once goods have been delivered to you they will be held at your own risk and you will be liable for their loss or destruction. However, you will become the owner of the goods you have ordered only when you have paid for them in full. Until then the goods remain the property of Black Swan Furniture.
6.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail firstname.lastname@example.org or phone 01279 718907 of the problem within two working days of the delivery of the goods in question.
6.2. If you notify a problem to us under condition 6.1 our only obligation will be, at our option:
6.2.1. to replace or repair any goods that are damaged or defective.
6.2.2. if you notify us of a problem under condition 6.1 you must return the goods to us or you will remain liable their cost. Unless otherwise agreed, you are liable for the cost of returning the goods.
6.3. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
6.4. If you have a ‘Drop Ship’ account with us and your customer cancels their contract with you, we have no liability to you and are not required to take back the goods.
6.5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way.
A quotation by Black Swan Furniture does not constitute an offer and Black Swan Furniture may revise or withdraw from a quotation at any time before accepting a buyer’s offer.
8 Uses of Electronic Media & Web Site
8.1. Every effort is made to ensure the accuracy of our website. However some details on the site may change from time to time and the company makes no warranty, express or implied, as to the nature or accuracy of any material on the website.
8.2. The Company cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within its website.
8.3. The Company will not be liable for incidental, consequential or special damages arising from, or as a result of, any electronic transmission or the accuracy of the information contained in the website.
8.4. Any use of copyright without first obtaining our permission will be deemed to be a misuse of this site and will result in prosecution and absolutely no refunds will be issued in such circumstances.
8.5. Any material downloaded or otherwise obtained through the use of our service is done at your own discretion. Black Swan Furniture will accept no responsibility for any damage to your own computer system or loss of data that results from the download of any such material.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact email address as advertised from time to time on our website.
10 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12 Third party rights
Except for our employees, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13 Governing law
The contract between us shall be governed exclusively by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15 Entire agreement
These terms and conditions, together with our current trade prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.