Terms and conditions
These terms and conditions are the contract between you and Present Daze Furniture & Gifts (“us”, “we”, etc). By visiting or using Our Website and any other selling forums or formats that we may use you agree to be bound by them.
We reserve the right to amend or alter these terms at any time without notice.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are
Present Daze Furniture & Gifts
Pinehurst Park
Aldwick
West Sussex
PO21 3DL
Website: www.presentdaze.co.uk
Tel: 08081430710
E-mail: info@presentdaze.co.uk
You are: Anyone who places an order.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website or online sales page immediately.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means any website of ours and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we / We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
AND
4.2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
4.3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.3.1 accept the alternatives we offer;
4.3.2 cancel all or part of your order.
5. Price and payment
5.1. The Price is as set out in the order.
5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3. Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, we will refund to you the amount charged as VAT.
5.4. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.6. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.7. The price of the Goods does not include the delivery charge (except furniture deliveries, but these prices do not include delivery surcharges if applicable) which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 30days from the date when we accept that repayment is due.
6. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
6.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
6.2. The following rules apply to cancellation of your order:
6.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
6.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14-day period.
6.2.3 We will return your money subject to the following conditions:
6.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
6.2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
6.3. The option to cancel your order is not available:
6.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
6.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
6.3.3 If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
6.4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
6.5. In any of the above scenarios, we will return your money within 14 days.
7. Liability for subsequent defects
7.1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
7.2. The procedure to return the faulty Goods is as follows:
7.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
7.2.2 before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets / other.
7.2.3 please follow the returns procedure provided on our website.
7.3. We will return your money subject to the following conditions:
7.3.1 we receive the Goods with labels and packaging intact.
7.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them.
7.3.3 you tell us clearly what the fault is you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
7.4. If any defect is found, then we shall:
7.4.1 repair or replace the Goods, or
7.4.2 refund the full cost you have paid including the cost of returning the Goods.
8. Delivery and pick up
8.1. Goods are delivered within 8 weeks from the day you place an order to purchase the Goods.
8.2. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3. If we are not able to deliver your Goods within 8 weeks of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.5. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.6. Signing "Unchecked", "Not Checked" or similar is not acceptable.
8.7. We will send you a message by email to tell you when we have despatched your order.
8.8. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.9. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
8.10. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.11. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
9. Goods returned
These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:
9.1. We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
9.2. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
9.3. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days.
9.4. So far as possible, Goods should be returned:
9.4.1 with both Goods and all packaging as far as possible in their original condition;
9.4.2 securely wrapped;
9.4.3 including our delivery slip; or manufacturer’s delivery slip
9.4.4 at your risk and cost.
9.5. Detailed instructions for returning faulty Goods are on Our Website at https://www.presentdaze.co.uk/delivery--returns-22-w.asp.Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
9.6. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
9.7. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check and the manufacturer's assembly/ operating instructions.
9.8. If we agree that the Goods are faulty, we will:
9.8.1 refund the cost of return carriage;
9.8.2 repair or replace the Goods as we choose.
9.9. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Intellectual Property
10.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
11. Miscellaneous matters
11.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
11.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
11.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
11.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
11.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
11.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
11.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
11.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
11.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.
General
i) We have displayed the colours, sizes and designs of our products as accurately as possible; however we cannot guarantee the true finish due to the quality of colour reproduction in the photographs. If colour match is an issue, then please contact us for advice before placing your order.
ii) Although any lead time given is in good faith and will be met wherever and whenever possible, we cannot be held responsible for deliveries that are late due to events beyond our control
iii) We reserve the right to withdraw any product at any time.
All Furniture
i) We will not accept responsibility for furniture that does not fit into its intended position. Please check your measurements very carefully before ordering and also note that all dimensions given are an approximation. If you have any doubt about the size of an item, please contact us before you place an order.
ii) All woods have their own natural characteristics that some may call blemishes or imperfections. However these natural features such as knots, grain pattern, colour variations and small cracks are the very things that make the furniture beautiful and individual and are not considered to be defects.
iii) Due to health and hygiene reasons, we are unable to accept the return of mattresses or divan beds (unless faulty) if they have unsealed packaging, so please ensure that the correct size, firmness and style are ordered. If in any doubt, please contact us before placing your order.
