1. The contract between us
1.1 The supplier is Ercol Furniture Ltd of Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX.
1.2 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Our acceptance of your order brings into existence a legally binding contract between us.
2. Warranty and nature of the goods
2.1 Goods sold through the Ercol Factory Outlet are either ex-display, returns or seconds. Accordingly, the goods are likely to have some damage, defect or wear and tear.
2.2 All goods are sold as seen, without warranty. Your statutory rights are not affected.
3. Price
3.1 All prices are inclusive of VAT, but are ex-works. We may be able to arrange delivery for an additional charge, which will be advised to you should you request this service.
3.2 The prices reflect the nature of the goods under 2.1 and 2.2
4. Right for you to cancel your contract
4.1 Where you have purchased the goods at our showroom, you will have been able to examine the product and there is no right to cancel the order.
4.2 Where you have purchased the product without being able to physically examine it, either by phone, internet or other remote means, you will have a cancellation period to enable you to examine the product. Where you have requested delivery of the product to you, you may cancel the contract within seven working days of the goods being delivered to you, beginning with the day after the day on which the item is delivered. Where you have opted to collect the product you may cancel the contract within seven working days of the agreed date of collection of the product.
4.3 All cancellations must be in writing. Notification of cancellation should be sent to Customer Service, Ercol Furniture Ltd, Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX.
4.4 If you have received the goods before you cancel your contract you must send the goods back to our contact address at your own cost and risk as soon as possible. The goods must be returned in the condition in which they were received.
4.5 Once you have notified us that you are cancelling your contract any sum paid to us will be repaid to you as soon as possible but in any event within 30 days of your cancellation notification provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return any goods which you have received or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be repaid to you.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 we are nolonger able to supply the goods ordered
5.1.2 where you have requested delivery you do not accept delivery of the goods or are not available to accept delivery after two attempts
5.1.3 where you have requested to collect the goods, you do not do so within seven working days of the order, or by such later date as is mutually agreed
5.2 if we do cancel your contract we will notify you in writing and will repay to you any monies paid to us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any compensation for disappointment suffered. Where cancellation is due to 5.1.2 we may deduct the costs of the abortive delivery from the monies refunded to you.
6. Substitute goods
6.1 Occasionally we may not be able to supply the goods you have ordered. In such cases we will notify you of this and invite you to select an alternative. In the event that you chose not to you may cancel your order and any sums paid by you will be refunded as soon as possible but in any event within 30 days of your cancellation notification.
7. Delivery of goods to you
7.1 Goods are sold ex-works. Where you have paid for delivery of the goods then the terms of this clause will apply.
7.1.1 We will arrange for delivery of the goods ordered by you to the address you give us for delivery at the time you make your order.
7.1.2 Delivery will be made as soon as practicable after your order is accepted. We may at the time of order provide you with an indicative lead time. However we cannot guarantee delivery lead times. Accordingly any delivery lead time quoted will be indicative only and time will not be of the essence for this contract. We will not be liable for any loss or damage suffered by you through delay in delivery.
7.1.3 Delivery will normally be arranged through a third party delivery company. To the full extent available under law we will not be liable for any loss or damages, direct or consequential, caused by the actions, inactions or negligence of that company or its staff. Where you believe you have suffered loss or damage as a result of the delivery we will use our reasonable endeavours to put you in contact with that company so that you can pursue your grievance with them.
8. Liability
8.1 Save as precluded by law, if you have purchased delivery of the goods and the goods we deliver are not what you ordered or are damaged or defective in addition to any damage, wear and tear or defectiveness evident in the product at sale and reflected in the nature of the goods as described in paragraph 2 or are damaged or defective or if the delivery is of an incorrect quantity you should notify us in writing at our contact address within ten working days of the delivery of the goods in question otherwise we shall have no liability to you.
If you notify us of a problem under this condition our only obligation will be, at our option:
8.2.1 to make good any shortage or non-delivery
8.2.2 to replace or repair to the condition of the goods at the time of the order any goods that are damaged or defective over and above the extent of any damage, defect or wear and tear existing at the time of the order; or
8.2.3 to refund to you the amount paid by you for the goods in question
8.3 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 with the goods and we shall have no liability 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 where there is a liability under clause 8.
8.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any statutory rights you might have as a consumer nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9. Notices
Unless otherwise expressly stated in these terms and conditions, all notices (including any complaints or requests for after sales services) from you to us must be in writing and sent to our contact address at Customer Services, Ercol Furniture Ltd, Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX.
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 networks, flood, fire, explosion or accident.
11. Invalidity
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 affiliates, directors, employees or representatives, a person who is not a party to the 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 by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
These terms and conditions, together with our agreed sale price, and any sales order acknowledgement, 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.
15. Your privacy and personal information
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which can be found at https: www.ercol.com/en-gb/policies-procedures/privacy-policy.
