|
Terms & Conditions
This page contains information on the terms and conditions for purchases
from Dimora UK Limited. Please also read the credit terms
and conditions if you wish to take advantage of these services.
Business Policies
All orders are subject to our full terms and conditions (below). Nothing
in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
- Definitions
i. "Buyer" means the person who buys or agrees to buy the
Products from the Seller.
ii. "Conditions" means the terms and conditions of sale set
out in this document and any special terms and conditions agreed in
writing by the Seller.
iii. "Delivery date" means the date specified by the Seller
when the Products are to be delivered.
iv. "Products" means those goods specified.
v. "Price" means the price for the Products including carriage,
packing and VAT.
vi. "Seller" means Dimora or Dimora UK Limited.
vii. "Consumer" shall bear the meaning ascribed in section
12 Unfair Contract Terms Act 1977.
- Conditions applicable
i. Nothing in these conditions shall affect the buyer’s statutory
rights as a consumer.
ii. The Seller shall sell and the Buyer shall purchase the products
in accordance with any written quotation of the Seller which is accepted
by the Buyer, or any written or verbal order of the Buyer which is accepted
by the Seller including but not limited to orders placed using the Seller’s
electronic online ordering service, subject in any case to these conditions,
which shall govern the contract to the exclusion of any other terms
and conditions subject to which any such quotation is accepted or purported
to be accepted, or any such order is made or is purported to be made,
by the Buyer.
iii. Any typographical or clerical or other error or omission in any
sales literature, quotation, price list, acceptance of offer, invoice
or other document or information issued by the Seller shall be subject
to correction without any liability on the part of the Seller.
iv. If any provision of these conditions is adjudged invalid or unenforceable
in whole or in part the validity of the other provisions of these conditions
and the remainder of those provisions in question shall not be affected.
v. If the Seller unable to supply the goods ordered by the Buyer then
any sum paid by the Buyer will be refunded or re-credited to your account
and the Seller will notify you at the address given by you in your order
form. The refund will be made as soon as possible and the Seller will
not be obliged to offer any compensation for disappointment suffered.
- The price and payment
i. Save as provided otherwise herein the Price shall be that as stipulated
in the Seller’s published price list current at the date of order
of the Products. Any event of any increase in the cost to the Seller
of raw materials, labour, overheads, or any increase in taxes or duties,
or any variation in exchange rate the Seller may increase the Price
payable under the contract upon written notice. If notice of price increase
is given by the seller, the buyer shall have the right to cancel the
order and receive back any sums they have paid. Notice of cancellation
must be received in writing by the seller within seven days of delivery
of the notice of price increase to the buyer.
ii. Payment of the Price shall be due at the date of the order. Time
for payment shall be of the essence. If the Buyer does not pay the Price
on notification of shipment the Seller may bring an action for the Price
even though property in the Products has not been passed to the Buyer.
If the Buyer fails to make payment as required the Seller may suspend
delivery of the Products or any further Products ordered until payment
is made in full.
iii. Interest on overdue invoices shall accrue from the date when payment
becomes due from day to day until the date of payment at the rate of
2% above Barclays Bank Plc’s base rate from time to time in force
and shall accrue at such a rate after as well as before any judgement.
- The products
i. The quantity and description of the Products shall be set out in
the Seller’s quotation.
ii. The Seller may make any changes in the specification of the Products
which do not materially affect their quality or performance required
to conform with any applicable statutory requirements where the Products
are supplied to the Seller’s specification.
iii. Photographs are for illustrative purpose only, and may not exactly
match the product itself.
- Warranties and liability
i. All goods supplied by the Seller come with a manufacturer’s
warranty of at least 12 months.
ii. The Seller shall provide the Buyer with such information as is required
to claim under the manufacturer’s warranties. In the event of
a claim, the Buyer shall in the first instance contact the Seller’s
customer service department.
iii. The Seller does not provide any warranty cover against defects
in his own right.
iv. Except where the Buyer acts as a Consumer all other warranties,
conditions and terms relating to fitness for purpose, satisfactory quality
or conditions of the products whether implied by statute or common law
or otherwise are excluded to the fullest extent of the law.
v. Insofar as is permitted by law, our only liability to you under these
terms and conditions will be, at our sole discretion, to make good any
shortage or non-delivery, to replace or repair any goods which are received
by you in a damaged or defective state or to refund to you any sums
actually paid by you for the goods in question. We will not be liable
to you for any indirect or consequential loss or damage arising out
of any problem you notify to us and will have no liability to you for
any failure or delay in delivering goods or any damage or defect in
goods delivered which is caused by any event or circumstance which is
beyond our reasonable control. Nothing in this Clause 5 affects your
statutory rights as a consumer.
- Delivery, Returns and Cancellations
i. Delivery of the products shall be made by the Seller or his agent
notifying the Buyer that the products are available for collection at
the Sellers premises or for delivery to such place as the Buyer may
specify at the time the order is placed.
ii. The Seller shall use his reasonable endeavours to meet any date
agreed for delivery.
iii. In any event time of delivery shall not be of the essence.
iv. The Seller shall not be liable for any delay in delivery howsoever
caused.
v. Generally, where an order contains more than one item all items will
be delivered at the same time once all items are available.
vi. Where a delivery date has been agreed with our carrier but the customer
isn’t present to receive the delivery we reserve the right to
charge the customer a minimum of £25 to cover part of the cost
of the failed delivery.
vii. An order may be cancelled at any time between the placement of
the order and 14 days following delivery of the goods.
If the Buyer is dissatisfied with his purchase for any reason he may,
within fourteen days of delivery, contact the Seller’s customer
service department to arrange for collection of the goods. Any money
which you have paid will be refunded within 30 days provided that the
Seller receives the goods in the same condition they were in at the
time of delivery to you in their original packaging or similar. Items
which are not adequately packaged at time of collection will not be
collected and a charge of £25 will be levied to cover cost of
failed collection. The Buyer shall then be refunded with the full purchase
Price of the goods. Please note this does not apply to selected items
of leather upholstery where there is a 50% cancellation/returns fee
unless the order is cancelled within one week of placement. Such items
are clearly marked.
viii. Mattresses can only be returned if they are unopened. Mattresses
which have been opened and slept on cannot be returned. If you wish
to test a mattress please keep it wrapped until you are sure you want
to keep it.
ix. We do not deliver on weekends or bank holidays.
x. Delivery charges apply to mainland UK only. All non mainland delivery
charges will be confirmed prior to despatch of order.
- Acceptance of the products
i. Other than where the Buyer acts as a Consumer the Buyer shall be
deemed to have accepted the Products 5 working days after delivery to
the Buyer.
ii. After acceptance the Buyer shall not be entitled to reject Products,
which are not in accordance with the contract.
- Title and risk
i. Risk of damage to or loss of the Products shall pass to the Buyer
upon delivery.
ii. Notwithstanding any other provision herein title in the Products
shall not pass to the Buyer until the Seller has received in cash or
clear funds payment in full.
iii. The Buyer shall not be entitled to pledge or in any way charge
by way of security for any indebtedness any of the Products, which remain
the property of the Seller, but if the Buyer does so all moneys owing
to the Seller shall (without prejudice to any other right or remedy
on the Seller) immediately become due and payable.
- Insolvency of buyer
i. This clause applies if:
a. The Buyer makes any voluntary arrangements with its creditors or
becomes subject to an administration order or (being an individual or
firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise
than for the purposes of amalgamation or reconstruction) or
b. An encumbrancer takes possession, or a receiver is appointed, of
any of the property or assets of the Buyer, or
c. The Buyer, not being a consumer, ceases, or threatens to cease, to
carry on business, or
d. The Seller reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Buyer and notifies the Buyer
accordingly.
ii. If the Clause applies, without prejudice to any other right or remedy
available to the Seller, the Seller shall be entitled to cancel the
contract or suspend any further deliveries under the contract without
any liability to the Buyer, and if the Products have been delivered
but not paid for the Price shall become immediately due and payable
that despite any previous arrangement or agreement to the contrary.
- General
i. Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to strikes, lock outs, accidents, war, fire, reduction in or unavailability
of power at the Seller’s premises or its manufacturing plant,
breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the party shall be entitled
to a reasonable extension of its obligations.
ii. Any notice required or permitted to be given by either party to
the other under the conditions shall be in writing and in the case of
notices to the Seller, addressed to the Seller at its registered office
or in the case of notices to the Buyer, at the Buyer’s address
as provided to the Seller.
- Headings
i. The headings of the Clauses in these conditions are intended for
reference only and will not affect the construction of these conditions.
ii. Representations
No statement, description, warranty condition or recommendation contained
in any catalogue, price list or advertisement or communication or made
verbally by any of the Agents or Employees of the Seller shall be construed
to enlarge, vary or override in any way thereof any of these conditions.
iii. Additional costs
The Buyer agrees to pay for any loss or extra cost incurred by the Seller
through the Buyers instructions or lack of instructions or through failure
or delay in taking delivery or through any acts or default on the part
of the Buyer, its servants, agents or employees.
- Proper law of contract
This Contract shall be governed by the law of England and Wales and
any dispute, question or remedy howsoever arising determined exclusively
by the Courts of England and Wales.
back to top
|
|