Distance Selling Terms & Conditions
These Terms & Conditions for SMI Furniture for Distance Selling Contracts using our online services or other internet sales or over the telephone without visiting the Sellers Showroom or physically being shown at least one item of goods prior to the purchase contract agreement. By using or accessing our website and/or placing any order(s), you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our website or place orders. These terms and conditions shall prevail over any and all terms and conditions which may be proposed by you. You should not proceed with your purchase until you have read and agreed to these terms and conditions. If you do not understand any part of our terms and conditions you may ask us to explain further or you should seek advice from an independent source.
“Buyer”. This means you who is making the original purchase instructions. If you are placing an order on behalf of a company then it must be stated from the outset on your order purchase instructions.
“Seller”. This means us, SMI Furniture on the internet or over the telephone 01206 396725
When the Buyer sends an order either by email, over the telephone or through our web site the Seller will advise any changes that may be necessary whether it be an item out of stock to change delivery dates or any other matter including price changes, this includes any advertised price that may be incorrect. The Buyer will receive an order confirmation/acknowledgement with delivery estimates and final pricing details. The Seller will then contact the Buyer on the details given at order for payment either in full or in part. Once the payment, whether in full or in part, has been received this will deem the contract agreed legal and binding and subject to these terms and conditions in full. The Seller has the right not to accept an order from the proposed Buyer. The Buyer has the right to cancel an order of standard items before the agreed delivery date and the Seller has the right to charge any costs incurred to that point. Any deposit for special items will not be refundable.
The Order can only proceed to the delivery procedure once payment has been received in full. We accept payment in the form of Bank Transfer, BACS, CHAPS, Cheque, UK Credit and Debit Cards, PayPal or Cash paid directly into our bank account. Any Debit or Credit Cards used by the Buyer will be understood that the amounts will be within the limits set on the card/s and that the Seller will understand that the Buyer has full rights and permissions to use the card/s being presented for payment and that they will have sufficient security information when requested. If full payment is not made on time as per the agreement to the order acknowledgement/confirmation then the Seller has the right to change or cancel the order or add additional costs if necessary and deposits will be retained. No Financial information will be kept by the Seller.
The Seller can only deliver to a permanent address in the UK mainland and UK Isles. There may be surcharges on delivery rates to remote parts of the UK mainland and the UK Isles which the Buyer will accept at point of sale and these charges will be applied on the Sellers Order acknowledgement/confirmation. The Seller will use an outsourced supplier to deliver goods purchased through our websites and sales over the telephone and email on the Distance Selling Regulations. The Delivery date will be agreed and the delivery suppliers will do their upmost to fulfill their promise to the Buyer but this cannot be guaranteed and the Seller is not liable for any refund on delivery charges or consequential costs if the delivery date and/or time cannot be kept for whatever reason is given. If there are any changes to the order the original delivery date will be null and void and will be replaced and re-confirmed by the Seller and in some cases it may be agreed to have more than one delivery date to complete the whole Order/Sale. Unless specified, the Seller has the right to choose the delivery method to the Buyer. The Buyer is responsible for Health and Safety issues and ease of access to the property for the designated delivery point. The delivery person/s professional opinion will be final. If vehicle access is limited to less than a 7.5 tonne Lorry then standard delivery will not be possible and further arrangements will be necessary which the Seller is not responsible for any additional costs. If there is no means of safe delivery the Seller has the right to cancel the Order and give a full refund excluding all delivery costs including any additional costs incurred trying to achieve a positive delivery result, this will of course be the last action. If damage is caused to the Buyers property by any delivery service and the matter cannot be dealt with on a friendly and amicable basis then the matter will be dealt with by the delivery company’s insurance and their terms and conditions will apply the Seller is not responsible and therefore has no liability. As the Seller may use more than one supplier for delivery the Buyer can request a copy of the delivery service company’s terms and condition. There will be a redelivery charge if the Buyer was not available at an agreed delivery time and the value will be quoted at the time of order. Any Free Delivery offers are only upheld if the goods are kept by the Buyer otherwise the delivery cost will be charged against the return.
The Buyer, under the Distance Selling Regulations 2000, has the statutory right to return any product/s the Buyer has purchased within seven (7) working days after the delivery for any reason, even if the Buyer has simply changed their mind. This can be either part of or the whole order. If the seven (7) days have expired then the Seller is unable to accept a return unless the item is faulty by a manufacturing reason. The Buyer must inform the Seller in writing within seven (7) working days (e-mail is acceptable but it is recommended the Buyer attains a “read receipt” as the email may be rejected as SPAM and the Seller may not receive the intended e-mail). The Seller will contact the Buyer and arrange any collection that is required. Once the goods have been returned to the Seller, the Seller will inspect the goods and if returned in its original condition and original packaging the Buyer will be entitled to a refund of the goods less delivery charges and collection charges. Please note the Collection Costs are higher than the subsidised delivery costs and the Buyer will be informed of the costs from the Seller before the return is finally agreed between the two parties. The Seller must return the agreed refund within 30 days from receipt of goods at the latest. The goods must be returned in its original condition and in its original packaging, no other method is acceptable and the Seller has the right to refuse return. Erecting a flat packed/knock down item is changing the state of original condition. The Buyer does have the right to return the goods by their own means but the Seller will take no responsibility for the condition that the goods arrive in. The Seller has the right to refuse delivery of the return by other sources if the goods are not in their original packaging or the goods are clearly damaged by the delivery method at point of delivery/return. The refund will not include a non refundable deposit value if an item is bespoke or classed as non-standard.
If goods are deemed to be faulty by a manufacturing defect and the Seller is informed outside the seven (7) day period as per the Distance Selling Regulations but within 30 days from receipt of the goods the Seller has the right to replace the part in question that is faulty and is not liable to replace the part on the item. If the problem cannot be rectified by a replacement part then the Seller will replace the complete item in whole at no cost to the Buyer for deliver and/or collection charges. If the returned goods are deemed to be faulty by the action or misuse from the Buyer then the Seller has the right to charge for the costs and delivery/collection charges that have been incurred and will not be liable to replace the goods with a new item. If the complete item is to be replaced then the Seller reserves the right to receive and inspect the faulty item before delivering the replacement item. If a fault has occurred outside the 30 period the Buyer should contact the Seller about the fault where the fault in question will be assessed on an each and every case basis and if deemed a genuine reasonable manufacturing problem that has taken time to develop then the Seller will take the necessary steps to rectify the problem. Outside the 30 day period the Seller has the right to refuse and the Sellers decision is final.
Any goods that have been received damaged at the point of delivery must be signed for as damaged. If the delivery documents do not show “damaged” then we will have no recourse under the delivery company’s terms and conditions and therefore the Seller will be unable to recompense the Buyer. If the goods are damaged without the packaging being damaged then the Buyer must inform the Seller in writing as stated before within three (3) working days from receipt of the goods and will be required to present photographic evidence. If it is evident the damage has been caused by the Buyers misuse or negligence then the Seller has the right to refuse any claim made against them. The Seller must not attempt to repair the goods before any notification from the Seller to the Buyer and not to attempt any repair before any authorisation from the Seller. The original packaging must be retained by the Buyer if the Seller has agreed to replace the damaged goods as per the Returns section in these terms and conditions. If neither repair or replacement on a like for like is achievable to the Buyer the Seller has the right to refund the value of the goods as full settlement of any claim.
The Seller cannot guarantee that every item will perfectly match another item due to the fact that natural products are being used. Every effort is made for the pictures to be displayed on the website as near as to real life as possible but this can also be varied by the type of screen that the Buyer is viewing through. Some items may have small knots in the material used and this is normal and acceptable. Natural Products age and will change colour over time. Wood is liable to small cracks and splits when subjected to different temperature and different moisture conditions. All dimensions are nominal. Items may from time to time change in dimensions. If the goods arrive in a different dimension this will not be classed as a substitute but a full delivery against contract. The Seller is ultimately covered by the Distance Selling Regulations 2000 and can return within 7 days if they so wish. The Seller can add, remove or amend items at any time without notice.
The Seller does not and will not pass any information onto any third parties other than what is necessary to carry out the Order Contract to completion.
The Seller is an English company and all sales and terms and conditions are governed by English Law. If the Buyer is a resident outside England and Wales and/or wishes the delivery to be outside the borders of English Law boundaries then it is hereby agreed that any disputes will only and always be governed by English Law.
SMI Furniture is a trading name of S M Imports Ltd, Block 5 Riverside Avenue West, Dale Hall Industrial Estate, Lawford. Essex. CO11 1UN. England. Company Registration 4316858. VAT Number GB 794 4800 96. Tel 01206 396725. All information on these terms and conditions are correct and last created on 5th march 2010.