Terms and conditions for the distance supply of goods
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. Once payment has been received by us we will confirm that your order has been accepted by sending you an order confirmation either by email or in writing to the address you have provided to us. Our acceptance of your order brings into existence a legally binding contract between us.
2.1 The prices payable for goods that you order are as set out in our current price list at the time of order. The current price list supersedes all previous price lists. A copy of the current price list can be obtained from Ercol Furniture Ltd, Customer Service, Ercol Furniture Ltd, Summerleys Road, Princes Risborough, Buckinghamshire, HP27 9PX.
2.2 Standard delivery within the United Kingdom is not included within the price. Delivery charges will normally be stated in the sales materials. However, we reserve the right to charge an additional delivery charge to certain locations or for certain items of furniture. You will always be informed of this in advance and allowed to cancel your order if you do not wish to meet these. It might not be possible for us to deliver to some locations.
3. Right for you to cancel your contract
3.1 All furniture other than those listed in 3.3 supplied by Ercol Furniture Ltd are made to your order to the specific design with the wood finish, and where appropriate the fabric you have ordered. Accordingly these are goods made to your specification and the normal cancellation rights under the United Kingdoms Distance Selling Regulations do not apply.
3.2 For all furniture other than listed in 3.3 we will accept cancellation of your order within 7 working days of its being placed, providing that manufacturing has not commenced. Where manufacturing has commenced we will accept cancellation within the 7 working days but may deduct the costs incurred to date from the sums paid by you.
3.3 For all interiors (not supplied as part of an upholstered product) and webs these are not customised product. Accordingly, under the United Kingdoms Distance Selling Regulations you may cancel a contract for these items within a period of 7 working days, beginning with the day after the day on which the item is delivered.
3.4 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.
3.5 If you have received the goods before you cancel your contract (unless, under Clause 3.1, you do not have a right to cancel) 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.
3.6 Once you have notified us that you are cancelling your contract (unless, under Clause 3.1, you do not have a right to cancel), 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.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we are unable to source the materials to make your order within a reasonable time
4.1.2 we do not deliver to your area
4.2 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.
5. Specification and substitute goods
5.1 The specifications of timber, stains, lights, metalwork, cover, interiors, webs and other goods may be subject to change over time. In particular stain, fabric and foam technologies have evolved over time and timber being a natural product has natural colour variations. Accordingly, all furniture may look, feel and perform differently. This does not indicate a defect in the product and we will not accept returns in such cases.
5.2 Occasionally we may not be able to supply the fabric or finish you have chosen. 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.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 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 since each order is made to the customers specification and we may have to order materials for that specific order 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. In particular the default 30 days for contract performance under the United Kingdoms Distance Selling Regulations shall not apply. We will not be liable for any loss or damage suffered by you through delay in delivery.
7.1 Save as precluded by law, if the goods we deliver are not what you ordered 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:
7.2.1 to make good any shortage or non-delivery
7.2.2 to replace or repair any goods that are damaged or defective; or
7.2.3 to refund to you the amount paid by you for the goods in question
7.3 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 other than to refund to you the amount paid by you for the goods in question where there is a liability under clause 7.
7.4 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.
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.
9. 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.
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.
11. 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.
12. 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.
13. Entire agreement
These terms and conditions, together with our current price list, and 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.