1.1 The "Buyer" means the person who agrees to buy goods from the seller by any means.
1.2 The "seller" means Phoenix home interiors Limited
1.3 "Conditions" means the conditions of sale set out in this document and any special conditions agreed in writing by the seller.
2.1 These "terms and conditions" do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the seller shall be deemed to incorporate these terms and conditions, which shall prevail over other documents or communication from the buyer.
2.3 If any amendments to this terms & conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of goods shall be deemed conclusive evidence of the "buyers" acceptance of these conditions.
3.1 The price shall be that on the "sellers" current list price, web site or if applicable the price contained in the "sellers" quotation.
3.2 All prices are inclusive of VAT
3.3 In all cases full and final payment will be collected approx 7-10 days prior to delivery of goods or before. Where a customer wishes to pay by cheque, this must clear into our bank account before delivery.
3.4 In a case where the customer delays delivery beyond 90 DAYS of goods arriving at our warehouse a storage charge will be applicable.
3.5 If a customer fails to pay in full for the goods before or at time of delivery or goods being stored the seller shall treat the contract as repudiated by the buyer and reserves the right to withhold the goods or to resell them.
3.6 If any act or proceedings shall be commenced in which the "buyers" solvency is concerned, all monies under any transaction covered by these conditions shall become immediately due and payable.
3.7 Payment will be taken on stock items at the time of the order being placed. If goods are out of stock where possible we will contact you to advise due dates before taking payment.
3.8 We reserve the right to apply charges for additional costs incurred in fulfilling "customers" requirements. Any additional costs will be notified to the customer for agreement prior. Charges added to bill are considered due as integral part of initial payment and all terms and conditions heretofore shall apply to it.
3.9 If any cheque is returned by the bank after presentation or re-presentation of it for payment we reserve the right to seek reimbursement for any bank charges incurred by us together with a handling charge.
4. Interest on overdue payments/invoices
4.1 Interest on overdue payments/invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above National Westminster Bank PLC base lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The seller warrants that the goods will at the time of delivery correspond to the description given by the seller. Except where the buyer is dealing as a consumer (as defined in the unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by statute, Common Law or otherwise are excluded and the buyer is satisfied as to the suitability of the goods for the "buyers" purpose.
6.1 Where any delivery charge is applicable this will be made clear at the time of sale.
Orders below £250.00 for delivery to Scotland or orders below £1000.00 in the following post code areas: A1-19, BT, GY, HS, IM, IV1-28, IV30-32, IV36, IV40-49, IV51-56, IV63, JE, KW1-3, KW5-14, ZE might incur a surcharge. Please place your order under no obligation and we will be contact you to discuss delivery
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the buyer will be contacted to arrange a suitable alternative date.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the goods shall be made to the buyers address and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
6.5 The buyer takes responsibility to ensure all furniture selected and purchased will fit in their home/premises easily. Every effort will be made to minimise any damage to walls/wallpaper etc. we cannot be held liable for any damage costs.
7. Ownership & Risk
7.1 The risk in goods shall pass to the buyer upon delivery of the goods or upon the goods being appropriated to the buyer but kept at the "sellers" premises or storage facility at the buyers request.
7.2 The seller remains the owner of the goods affected by the contract until the seller has been paid in full for such goods.
7.3 The buyer shall inspect the goods upon delivery/fitting and shall notify the seller within 24 hours of delivery if the goods are damaged or do not comply with any of the contract. If the buyer fails to do this they are deemed to have accepted the goods.
7.4 Any goods in respect of which any claim of defect or damage is made shall be preserved by the buyer intact together with the original packing at the buyers risk and either
a) retained by the buyer for a reasonable period to enable the seller or its agent to inspect or collect the goods or
b) at the "sellers" option returned by the buyer to the seller who will refund the cost of postage/packing/delivery to the buyer if the goods are in fact defective.
8. Cancellation and Returns
8.1 If it is agreed that the goods are to be returned:-
a) a goods return number obtained from the seller must be clearly shown on the returned parcels.
b) The buyer will be liable for the cost of remedying any damage to the goods returned where such damage has, in the opinion of the seller, been caused by the goods being inadequately packaged by the buyer or through the buyers fault.
c) The seller reserves the right to make a handling / return charge to cover transport costs on goods, which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract within 14 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.
9. Force Majeure
9.1 In the event that the seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10. No Waiver
10.1 The "sellers" failure to insist upon strict performance of any provision of these conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the buyer in performance or compliance with any of these conditions.
11.1 Except as may be implied by law where the buyer is dealing as a consumer, in the event of any breach of these conditions by the seller the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12.1 If you have a complaint about our service or any goods or services you purchase from Phoenix home interiors Limited then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for 2 reasons: firstly to process your order and secondly to give you the best possible service.
If you have any concerns about our policy, please do not hesitate to ask us about it.
Copyright Phoenix home interiors Limited 2018.