Terms of Use Strictly Tables and Chairs
Terms and conditions
This website www.strictlytablesandchairs.co.uk is operated by Strictly Tables and Chairs. As a User of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions (the "Terms") below which includes any hyper-linked sections. These Terms apply to the sale and supply of goods Strictly Tables and Chairs ("Strictly Tables and Chairs/We/Our/Us") to you. We recommend that you print out a copy of the Terms for your records. Please also click and view our Privacy and Security Policy, General Disclaimer and Copyright Notice. The submission of your order will form an offer to purchase the Goods and our email accepting your order will constitute the formation of a legally binding contract between us. If you do not accept the Terms please terminate this session immediately.
General
All orders that you place with Strictly Tables and Chairs will be subject to acceptance in accordance with these Terms. These Terms may be amended at any time by Strictly Tables and Chairs. They may also be extended to include other conditions applicable to specific goods or services offered by Strictly Tables and Chairs from time to time. It is your responsibility to read the Terms every time you place an order. Strictly Tables and Chairs reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site. This Web Site is directed towards businesses and it is assumed that each order is placed on behalf of a business. By your acceptance of these terms you confirm that you have the necessary authority to bind the business you are placing the order on behalf of. You agree, by your acceptance of these Terms, that any material, information and ideas that you transmit to this Web Site or otherwise shall become and shall remain the property of Strictly Tables and Chairs.
The Goods
The "Goods" means the items purchased by you from us via this website, the sale and supply of which are subject to these Terms; Strictly Tables and Chairs will sell and you will purchase the Goods on these Terms. Strictly Tables and Chairs reserves the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements, or where the Goods are to be supplied to Strictly Tables and Chairs’s specifications, which do not materially affect their quality or performance. Whilst all sizes and measurements are approximate only we will use our best endeavors to ensure that they are as accurate as possible.
Your Order
You will be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving any necessary information relating to the Goods and delivery requirements within a sufficient time to enable Strictly Tables and Chairs to perform the contract in accordance with the Terms. Once your order has been submitted, we will email you confirming your order. This confirmation email will form our acceptance of your offer and will constitute the formation of a legally binding contract between us.
Price
The price of the Goods will be Strictly Tables and Chairs’s quoted price and is exclusive of Value Added Tax, and all costs or charges in relation to packaging, loading, unloading, carriage and insurance. Strictly Tables and Chairs reserves the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to Strictly Tables and Chairs which is due to any factor beyond the control of Strictly Tables and Chairs (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture). Any such increase in price shall be intimated to you and you shall have a period of five working days to confirm whether you wish to proceed with the Order. Your failure to reply to our said intimation will be deemed to be acceptance of the price increase. Any increase in price due to a change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give Strictly Tables and Chairs adequate information or instructions may also result in an increase in price, which will not be subject to further agreement by you. We try and make sure that all prices on our website are correct but occasionally errors may occur. If we identify a pricing error with the goods you have ordered we will attempt to contact you and you can either accept the correct price and confirm you wish to proceed with the new order or cancel it. If we are unable to contact you we will automatically cancel the order and if a refund is due you will be refunded.
Payment
Strictly Tables and Chairs is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods Strictly Tables and Chairs will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full.
Delivery
Delivery of the Goods will be made once the Goods have been delivered to the place of delivery notified by you to Strictly Tables and Chairs and the accompanying consignment note has been signed by an individual aged 18 or over on your behalf. It will be your responsibility to check that the number of boxes or items delivered matches the accompanying consignment note before signing. We aim to deliver a very high standard of service and we will make every effort to deliver the Goods, as near to the specified delivery date as possible, however delays are sometimes inevitable due to unforeseen factors. Therefore, any dates quoted for delivery of the Goods are approximate only and Strictly Tables and Chairs will not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by Strictly Tables and Chairs in advance of the quoted delivery date. If Strictly Tables and Chairs fails to deliver the Goods for any reason other than any cause beyond Strictly Tables and Chairs reasonable control or your fault, and Strictly Tables and Chairs is accordingly liable to you, Strictly Tables and Chairs’s liability shall be limited to a refund of the Price of the Goods.
If you fail to take delivery of the Goods or fail to give Strictly Tables and Chairs adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of Strictly Tables and Chairs) then, without prejudice to any other right or remedy available to Strictly Tables and Chairs, Strictly Tables and Chairs may: store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
Risk and Property
Risk of damage to or loss of the Goods will pass to you at the time when Strictly Tables and Chairs has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until Strictly Tables and Chairs has received cleared funds in full payment of all sums due.
Warranties and Liability
Subject to the conditions set out below Strictly Tables and Chairs warrants that the Goods will correspond with their specification at the time of delivery. Where Strictly Tables and Chairs sells Goods supplied by a Third Party, Strictly Tables and Chairs does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will assign to you the benefit of the manufacturer’s warranty given by the third party supplying the Goods to Strictly Tables and Chairs. The above warranty will be assigned by Strictly Tables and Chairs subject to the fact that Strictly Tables and Chairs shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, or storage in a hostile environment, failure to follow Strictly Tables and Chairs instructions or a third party’s instructions (where the Goods have been supplied by a third party to Strictly Tables and Chairs - whether oral or in writing) misuse or alteration or repair of the Goods without Strictly Tables and Chairs’s approval. Subject as expressly provided in these Terms, all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law. Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by you) be notified to Strictly Tables and Chairs within 3 working days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify Strictly Tables and Chairs accordingly, you will not be entitled to reject the Goods and Strictly Tables and Chairs shall have no liability for such defect or failure and you will not be entitled to a refund of the price (if applicable) as if the Goods had not been delivered in accordance with the contract. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Strictly Tables and Chairs in accordance with these terms, Strictly Tables and Chairs shall be entitled to replace the Goods (or the part in question) free of charge or, at Strictly Tables and Chairs’s sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but Strictly Tables and Chairs shall have no further liability to you. Except in respect of death or personal injury caused by Strictly Tables and Chairs’s negligence, Strictly Tables and Chairs shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit, goodwill or reputation or otherwise), economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Strictly Tables and Chairs, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms. Notwithstanding the above, Strictly Tables and Chairs’s aggregate liability (whether in contract, tort or otherwise) for loss of damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Goods in respect of one incident or series of incidents attributable to the same clause. Strictly Tables and Chairs shall not be in breach of contract by reason of any delay in performing, or any failure to perform, any of Strictly Tables and Chairs’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Strictly Tables and Chairs’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Strictly Tables and Chairs’s reasonable control: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Strictly Tables and Chairs or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
Cancellations and Returns
You have 7 days to request goods to be cancelled (from date of order) or returned (from date of receipt). Goods may only be returned if they are unused, unassembled, in their original packaging and in a resalable condition. If you have received the goods before you cancel your contract then you must send the goods back to our warehouse at your own cost and risk. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to invoice you for the direct costs of recovering the goods from the amount to be re-credited to you.
Insolvency of you
The Terms may be terminated by Strictly Tables and Chairs, if at any time you cease trading, or become apparently insolvent or have a trustee in sequestration appointed, combine with your creditors, or have a liquidator, receiver or administrator appointed over all or any of your assets other than for the purposes of amalgamation or reconstruction or undergo any analogous act or proceeding under foreign law.
Miscellaneous
These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with the prior written approval of Strictly Tables and Chairs. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Strictly Tables and Chairs reserves the right to terminate the contract as set out in these Terms, by notice to you sent via e-mail, fax or by letter. Termination will occur at the time Strictly Tables and Chairs transmits the message or posts the letter. Any communication sent electronically by e-mail or otherwise will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications ('Information System'); will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you; will be deemed have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides. You must not assign or sub-contract any of your rights or obligations under these Terms or any related order for Goods to any third party unless agreed upon in writing by Strictly Tables and Chairs. Strictly Tables and Chairs reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its right or obligations under these terms and conditions or any related contract to any third party. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. No failure or delay of Strictly Tables and Chairs to exercise any powers, rights or remedies under these terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. To be effective any waiver must be in writing and signed by an authorised representative of Strictly Tables and Chairs. If a dispute arises out of or in connection with these Terms, the parties will, with the help of the Centre for Dispute Resolution (CEDR) seek in good faith to resolve it by alternative dispute resolution. If the parties fail to agree terms of settlement within twenty-eight days of commencement of the procedure then either party shall have the option of commencing litigation. The commencement of the procedure is defined as the commencement of the first dispute resolution meeting. The contract between us shall be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.