AGREED TERMS AND CONDITIONS

Definitions

In these Conditions, unless the context requires otherwise:

Buyer, you, your:  the person who buys or agrees to buy the Goods from the Seller;

Conditions:  the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

Delivery Date:  the date when the Goods are to be delivered, as specified by the Seller;

Deposit: a payment equal to 20% of the price of the Goods, plus GST (if applicable), will be payable by the Buyer upon making the order. This figure will be increase to 50% of the price of the Goods plus GST (if applicable), where any of items which comprise the Goods have been made to a bespoke specification, option or size upon the request of the Buyer;

Goods:  the articles which the Buyer agrees to buy from the Seller;

GST:  means the goods and services tax or GST within the meaning of the GST Law and includes any replacement or subsequent similar tax;

GST Law:  means the Goods and Services Tax (Jersey) Law 2007;

Price:  the price for the Goods excluding carriage, packing, insurance and GST;  and

Seller, we, us :  Furnishing Centre Limited, a company registered in the Island of Jersey (with registration number 56217).  The Seller trades as La Casa Room Interiors (registered business name 26659) from the Retail Warehouse, Les Ruettes, St John, Jersey JE3 4FN.  The Seller also trades as St Johns Sofa Warehouse (also known as Sofa Warehouse) from St Johns Sofa Warehouse, Les Ruettes, St John, Jersey, JE34FN.

CONDITIONS APPLICABLE

These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

Payment of the Deposit shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

PRICE AND PAYMENT

The Price shall be the Seller’s quoted price [unless any price is specifically set out overleaf].

Prices shall be in Pounds Sterling.

The Price is exclusive of GST and (unless specifically agreed otherwise in writing) GST shall therefore also be due at the rate ruling on the date of the Seller’s invoice.

A payment of the Deposit will be payable by the Buyer upon making the order. Payment of the remainder of the Price and GST shall be due 5 (five) days before the Delivery Date. If the Seller is unable to collect payment it shall not be obliged to make delivery to the Buyer and will not do so until payment is collected.

The Deposit is non-refundable.

Time for payment shall be of the essence and so if the Buyer fails to pay the Seller timeously then the Seller may refuse to deliver the Goods and/or otherwise hold the Buyer in breach of contract.

Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment, at a rate of 2% above Bank of England’s base rate from time to time in force, and shall accrue at such a rate after as well as before any judgment.

GOODS AND PRICE

The quantity and description of the Goods shall be as set out in the Seller’s quotation.

The Seller will do what it reasonably can to ensure that the prices stated are accurate and up to date.

In the event of any pricing errors, the Buyer will be notified by email or telephone and will be given the opportunity to re-confirm the order of the Goods at the correct price.

If, however, the Seller displays an inaccurate price which could reasonably have been recognised as a pricing error, they do not have to provide the Goods to the Buyer at the incorrect price if the pricing error is obvious and could reasonably have been recognised as a pricing error, even if the Contract has been concluded.

WARRANTIES AND LIABILITY

The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.

All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.

The Buyer may claim under any warranty or guarantee offered by any third party supplier or manufacturer in which case the Buyer shall, before liaising with the Seller in connection with the same product, disclose to the Seller in writing (by email – [email protected] – or post – La Grande Route de Saint-Jean JE3 4FN ) details of any dialogue with such a third party together with any remedy offered, made or being made available by such a third party.

DELIVERY OR COLLECTION

Where delivery has been requested by the Buyer the Seller shall use all reasonable endeavours to deliver the Goods to the Buyer’s address on the Delivery Date, save that the Goods may be delivered in advance of the Delivery Date upon the Seller giving of reasonable notice to the Buyer, and in any case the Buyer shall be responsible for making all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery in accordance with this clause 6:

Before placing an order for any Goods, it is the Buyer’s responsibility to take measurements to ensure:

  • that the Goods will fit into the intended room; and
  • that the Goods will also fit through any passages, access gates, stairwells, landings and internal doors as may be required to access the intended room.

All deliveries will be pre-booked by the Buyer liaising with the Seller and, upon delivery of the Goods, the Buyer shall sign for receipt of the Goods or arrange for someone do so on behalf of the Buyer at the time of delivery.

The Buyer will endeavour to deliver the Goods to the Buyer as soon a reasonably practical which will usually no later than 7 days after the Goods are supplied to Jersey.

The Seller’s storage facilities are limited and for transit purposes only so does not have the storage space to store items for period of time and if the Buyer is unable to take delivery or collect any Goods within 7 days after the Goods becomes available for delivery then:

  • the Buyer will become liable to a storage charge of £10 per week; and
  • the Seller may, at its absolute and unfettered discretion, cancel the order after storing the Goods for two weeks.

The Seller shall use all reasonable endeavours to deliver the Goods to

  • an address in Jersey as specified by the Buyer; and
  • subject to access, a particular room with such an address.

If the Buyer is not at the delivery address when the Seller’s delivery team arrives with the Goods, then the Seller will leave a card with a contact number for the Buyer to phone the Seller to (re)arrange a delivery at a future date.

There will be an additional charge for failed delivery where the failure to deliver is no fault of the Seller, or where less than 48 hours’ notice is given by the Buyer to cancel and appointment for delivery.

The Seller shall make sure that that any access areas, together with space where the Goods are to be placed, are cleared prior to delivery.

The Seller shall also ensure the route is clear and free from any obstructions or items which could be damaged such as pictures and ornaments.

The Buyer accepts responsibility for removing and disposing of all wrappings and packaging of the Goods.

The Seller shall deliver self-assembly items to any room specified by the Buyer, so far as reasonably practical, and it shall be the Buyer’s responsibility to remove the product from any packaging and assemble.

Alternatively the Buyer may collect the Goods from the Seller’s premises during normal opening hours in which case:

  • valid photographic proof of the Buyer’s identity (for example a photographic driving license or passport) is required on collection, along with any payment card used to pay for the Goods.
  • only the person who placed the order can collect the order on behalf of the Buyer, and so it cannot be collected by anybody else on the Buyer’s behalf, unless the Buyer confirms to the Seller the identity of another person to collect the Goods in which case the Seller may request such confirmation in writing.

TITLE, RISK AND ACCEPTANCE OF THE GOODS

The Buyer will become the owner of the goods at the time of delivery or collection (whichever is applicable) of the Goods provided the Seller has received payment in full.

Any risks in connection with the Goods shall pass on delivery or collection (whichever is applicable) of the Goods.

The Buyer shall be deemed to have accepted the Goods upon delivery or collection.

After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

Items that require customer self-assembly and/or installation are indicated on the Seller’s product detail page and might include: selected furniture; selected children’s furniture; wall hung mirrors; garden furniture; selected bedframes; and home office furniture.

Where the Goods require assembly the Buyer shall check the Goods and in the unlikely event of any damage to them, or parts missing, the Buyer shall then advise the Seller within 72 hours of delivery or collection (whichever is applicable).

To make sure that the Buyer is satisfied with the Goods the Seller may contact the Buyer to seek such confirmation.

UNFORSEEN CIRCUMSTANCES

While every effort is made to meet our customers’ demands, cancellations or variations by the Seller may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, pandemic, supply chain issues or other causes beyond the Seller’s reasonable control.

REMEDIES OF BUYER

The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

If the Buyer accepts, or has been deemed to have accepted any Goods, then the Seller shall have no liability to the Buyer in respect of those Goods.

If the Buyer rejects any Goods then the Buyer shall have no further rights whatsoever (whether or not in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale).

DEFECTIVE GOODS

Every effort will be made by the Seller to ensure that the goods the Buyer has ordered arrive undamaged and without defect.

If the goods are found to be either damaged or defective in any way at the time of delivery, then the Buyer shall have the right to the following options:

The Buyer may reject the goods, in which case

  • the Buyer will be asked to complete an incident report form immediately, which will be provided by the home delivery team;
  • the incident report form will then be returned to the Seller, to be logged against the Buyer’s order number; and
  • a refund of all monies paid (including any delivery charges) will be made as soon as possible and in any event within 30 days of cancellation being accepted.

The Buyer may keep the goods, in which case

  • if the furniture is useable, despite the damage, the Buyer may elect to accept the goods;
  • the Seller’s delivery team will then complete an incident report form (if appropriate) to record the problem, which they will ask the Buyer to sign, and the Seller may also take photographs to accompany the paperwork;
  • the incident form will be logged by the Seller against the order number, and assessed for necessary further action;
  • a member of the Seller’s team will contact the Buyer to arrange a technician to visit and repair the problem to manufacturing standards, generally within 7 days, and if he/she is unable to resolve the matter on the first visit and parts are required, then the Seller will endeavour to source them as quickly as possible; and
  • in the event that an acceptable repair cannot be made, the Seller will replace the furniture, or give a full refund including any delivery charges (where applicable), strictly on the condition that such goods that are deemed faulty revert to the ownership of the Seller and must be in the Seller’s possession before any monies are refunded.

AFTER DELIVERY

If the pre-existing fault or damage is discovered after delivery, the Buyer should contact the Seller as soon as practical and within 2 days of delivery.

A member of our team will then contact the Buyer to arrange a technician to visit and inspect the goods and discuss your options including returning the goods or repairing the problem to manufacturing standards, generally within 14 days.

If he/she is unable to resolve the matter on the first visit and parts are required, the Seller will endeavour to source them as quickly as possible.

In the event that a repair cannot be made, the Seller will replace the furniture, offer a reselection to the value of the purchase price less any discounts or give a full refund including any delivery charges (where applicable) strictly on the condition that such goods that are deemed faulty revert to the ownership of the Seller and must be in the Seller’s possession before any monies are refunded.

A refund may be subject to a usage charge depending on the period of time that has elapsed since delivery.

Alternatively the Buyer may seek to resolve any issue with the product directly with any third party supplier and/or manufacturer of the goods to claim ;

DATA PROTECTION

We are committed to being a responsible custodian of the information you provide to us and the information we collect in the course of operating our business.

Our Privacy Policy, which is available on our website and on request, sets out

  • how we may collect, use and share information;
  • the types of information we may collect;
  • how we protect and safely store the information we collect;
  • your choices and rights; together with
  • how to contact us if you require additional information or wish to raise a concern.

PROPER LAW OF CONTRACT AND JURISDICTION

This contract is subject to the law of the Island of Jersey and both parties agree to be subject to the exclusive jurisdiction of the courts of Jersey.