Terms and Conditions for the Supply of Products
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.diningchairs2u.co.uk (Our Site) to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
- www.diningchairs2u.co.uk is a site operated by Dining Chairs 2 U Limited.
2. YOUR STATUS
By placing an order through Our Site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old; and
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. CONSUMER RIGHTS
- If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 9 below).
- To cancel a Contract, you must inform us in writing (including email). You must also return the Product(s) to us immediately, in the same condition in which you received them. If you cancel your order once it has been delivered, you must not use the goods, must take care of them and must make them available to us when we call to collect them on the date we will agree with you. We will collect the goods and then refund the cost of the items ordered within 30 days of cancellation. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
- You will not have any right to cancel a Contract for the supply of any Product which is personalised.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
- Dining Chairs 2U take orders from Mainland UK and Scottish Highlands only; we do not deliver further afield for the time being. We do our best to process all orders immediately. We DO NOT ship to any other part of Europe or indeed the World. We require payment in full before delivery. Delivery times will vary from product.
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances. One of our team will call to arrange delivery.
- We aim to have all orders despatched within 24 hours stock permitting, and arriving with UK customers within five working days. If an item is temporarily out of stock, we will notify you of the delay and despatch it as soon as it arrives.
- Dining Chairs 2U use the following couriers Parcel Force, Yodel and DPD to deliver all orders.
- Delivery Options:
- Standard Delivery: Monday to Friday only. Please allow 5 working days for your delivery
- Express Delivery: Monday to Friday only. Please contact our customer service team on 0800 170 1321.
- Free Delivery: Please refer to our Delivery Poilcy to read our full Free Delivery Disclaimer.
6. WOOD AND OTHER NATURAL PRODUCTS
All of our items are made of natural oak wood and as such is bound to contain knots, grain, colour variations and other marks associated with natural wood. This will under no circumstances be considered a fault. Natural wood requires specific care, and our guidelines can be found here. You should be provided with a printed copy of this either at sale or at delivery. If you still require a copy, please get in touch and we will be glad to post one out to you. We will not accept any request for a refund or replacement where these instructions have not been followed or the wood has otherwise been mistreated.
7. RISK AND TITLE
- The Products will be at your risk from the time of receipt of the Products at the delivery address.
- Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
- Payment Online: Dining Chairs 2U accepts payment online via UK issued VISA Credit, VISA Electron (Debit), MasterCard, Maestro and Solo cards. All payment transactions are made through a secure server hosted by SagePay. When you make an order on the Dining Chairs 2U website, you will receive confirmation email of your order and of payment; one from ourselves and one from SagePay. This is to indicate that we have received your order, and that payment has been received. Due to the nature of internet retail, your card is charged the full amount at the point of sale. You are encouraged to keep a print off of your order and any payment confirmation as a record of the transaction.
- The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
- These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in clause 6.3.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- Payment for all Products must be by credit or debit card. We accept payment with most major credit debit and maestro cards.
9. OUR REFUNDS, RETURNS AND EXCHANGES POLICY
- Orders must be checked as soon as possible after they are received; we do not accept responsibility for faulty goods that have not been checked and the fault reported to head office within 48 hours of receipt. If there is a problem before this 48 hour window expires, please contact Customer Services on 0800 170 1321. In keeping with the Sale of Goods Act, we reserve the right to charge wear and tear on any item you wish to return after 30 days even if there is a fault with the item. This is in keeping with the “Refund Minus Usage” clause of the Sale of Goods Act.
In the event of reporting a fault with your item, you may be requested to take digital photographs of the fault and send them to one of our team. This is simply to quickly and effectively gauge the problem at Head Office. We will not accept any request for a refund or replacement where our instructions for proper wood care have not been followed or the wood has otherwise been mistreated. Refunds for items purchased online will be processed as soon as the items is returned to us; as soon as the goods are in our possession, inspected and the fault verified, a refund will be processed. In either case, the funds take 3-5 days to clear. Refunds can ONLY be processed AFTER goods are booked in at our Head Office. We offer a 12 month manufacturers guarantee.
After delivery and the 48 hour inspection period, the goods cannot be returned for refund unless unfit for purpose.
- When you return a Product to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period (see Section 4 Consumer Rights), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.
- for any other reason (for instance, because have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
- If you receive a damaged or faulty item, please contact us on 0800 170 1321 or email us at firstname.lastname@example.org so that we can arrange for your item to be returned and replaced. Returns must be unused and returned along with the original packaging (this does not apply to damaged or faulty items).
- Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges incurred by you for sending the item to you.. We will process returned Products as quickly as possible and send you a refund or replacement. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We will call to arrange a date for the uplift of the returned goods.
10. OUR LIABILITY
- Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- 1. loss of income or revenue
- 2. loss of business
- 3. loss of profits or contracts
- 4. loss of anticipated savings
- 5. loss of data, or
- 6. waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this Clause 9.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this Clause 9.3.
11. IMPORT DUTY
- If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Dining Chairs 2 U Limited at 71 West Regent Street, Glasgow, G2 2QZ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- 3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 12 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through Our Site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland.