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- 04. PAYMENT AND PRICES
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4.1. The price of the Goods is inclusive of VAT and as displayed on the website and as the Buyer has finalised their choice of made to measure goods. Prices include delivery charges where applicable. The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.1a. Trade customers are shown prices without VAT. The total price, VAT (where applicable) and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.2. Payment of the price plus any applicable VAT and delivery charges must be made in full before order is processed.
4.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price) together with any applicable consumer cancellation rights.
4.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be offered the opportunity to cancel the order before the despatch of the goods.
4.5. In the event a product is listed at an incorrect price due to the above (see clause 4.4) the Supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
4.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
4.7. Rules for use of discount codes: Discount codes you get from our newsletter or other promotions cannot be combined with other discounts and sale items. Once you've written your discount code in the box, your discount will be deducted from the final amount while the general rate discount - described at the top of this page - will be automatically deducted without you having to do anything. It is not possible to use two discount codes in the same order. If you have two discount codes, you must therefore choose which one you want to use.
- 07. DAMAGED OR FAULTY GOODS
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7.1. It is every Buyer’s duty to fully inspect Goods and please refer to clause 6.7.
7.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier in accordance with clause 6.7 above.
7.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective in that they do not comply with the Order, then the Buyer must notify the Supplier by email to contact@swiveluk.com within 14 days of the date of collection by the Buyer or, if later, delivery by the third party carrier. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
7.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier’s and the Buyer wishes to make a claim of defect or damage, then:
7.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer’s complaint.
7.4.2 If the Supplier agrees to replace the product then they will make arrangements with the Buyer to collect the damaged or otherwise defective Goods from the Buyer and replace them. The replacement Goods will be delivered to the Delivery Address in accordance with clause 6.
7.4.3 The supplier will examine the Goods and determine whether the defect is the fault of the Buyer or the Supplier. Where the fault lies with the Buyer the Goods will be returned to the Buyer by delivery to the Delivery Address within 14 days of receipt of the delivery charge being paid by the Buyer. The delivery rate will normally be charged at same rate paid by the Buyer for the original delivery.
7.4.4. Where any fault lies with the Supplier, in view of the Goods sold, a replacement will normally be dealt with within as soon as the Supplier is able, from the date that the Buyer notifies the Supplier of a defect. However, we reserve the right to offer a refund or compensation. Refunds and compensation are normally paid within 28 days of the date that the Buyer notifies the Supplier of a defect.
7.5. Where returned Goods are found to be damaged due to the Buyer’s actions then the Buyer will be liable for the cost of remedying such damage
- 08. CANCELLATION RIGHTS AND RETURNS
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8.1. This clause refers to additional rights which Buyers who are consumers may have.
8.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you place your order, providing your goods have not already been dispatched or have been put into production by the factory. To cancel your order you must notify us in writing, either to contact@swiveluk.com quoting your name and order reference or by post to Designers Quarter LTD, 1D Shelford Palce, London N16 9HS.
Items that are made to order and not in stock cannot be cancelled or returned after 7 working days from the date of order.
8.3. Where Consumer Buyers exercise their statutory rights to cancel then the Goods must be returned by the Buyer, at the Buyer’s expense, within 14 days of cancellation. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer requests that in the case of such cancellations Goods be returned in the original packaging with adequate insurance during the return journey.
8.4. Where a Consumer Buyer exercises their statutory rights to cancel then they will receive a refund of all monies paid for the Goods, except for any costs associated with return postal/transit charges in respect of the Goods it returns to the Supplier. This will be made using the same method of payment that the Consumer Buyer used when purchasing the Goods.
8.5. If the Consumer Buyer exercises their statutory right to cancel the contract, but has not taken care of the Goods until they have been returned to and received by the Supplier, or does not return the Goods to the Supplier in their original and undamaged packaging or fails to return the Goods to the Supplier, then the Supplier shall be entitled to deduct from its refund to the Consumer Buyer (as set out in clause 8.4) all such amounts as are reasonably necessary for it to repair or replace the Goods and/or their packaging and/or recover the Goods from the Consumer Buyer (as appropriate). This amount is at the discretion of Designers Quarter LTD and can be up to 30% of the original purchase price. Our returns process is available here
8.6. Free Returns are available for in stock items only and apply for all orders placed before the 29th August 2018. Free Retuns do not apply to Dining Tables or Sofas. Free Returns does not apply to Trade Customers.
8.7. Returns and refunds can take up to 10 working days to investigate before updates are given.
8.8. Products that cannot be returned are any products that have been installed and any made to order items.
- 09. GUARANTEE
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9.1 The Supplier offers a 7-day satisfaction guarantee period for all of Goods. If the Buyer is not happy with any Goods they can return the Goods for any reason. Free returns are only available on orders placed after the 22nd of April 2014.
9.2. Where the Buyer wants to take advantage of the 7-day satisfaction guarantee then the Buyer must contact the Supplier by email at contact@swiveluk.com within 7 days of the date of collection of the Goods by the Buyer or third party carrier.
9.3. Goods must be returned by the Buyer, at the Buyer’s expense, within 7 days of the Buyer’s notification to the Supplier in accordance with clause 9.2 above.
9.4. Goods must be returned in the original packaging with adequate insurance during the return journey and must be in the same condition as when they were dispatched by the Supplier.
9.5.1. The Supplier expects the Goods to be returned in good condition. Within 7 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
9.5.2 If the condition is acceptable then the Supplier must make arrangements to refund the Buyer within 28 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods. The return cost for delivery is non-refundable.
9.5.3 If the condition is unacceptable then the Buyer must make arrangements for collection of the Goods within 28 days of the date of the Supplier’s inspection.
9.5.4 Where Goods are not collected by the Buyer or the third party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
9.6. Buttons are limited to a 4 month warranty only. Where applicable, the customer can take the item to a local upholsterer and Designers Quarter will absorb the pre approved cost of repairs not including any transportation cost for the 4 month term only.
- 10. FAULTY GOODS GUARANTEE
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10.1. In addition to any applicable Consumer and/or statutory rights, the Supplier offers a manufacturer’s guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of one year from the date that the Goods were collected by the Buyer or the third party carrier.
10.2. However this entire Clause will not apply if a fault arises due to:
10.2.1. abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
10.2.2. Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
10.3. Where Goods are faulty the Buyer must contact the Supplier by email at contact@swiveluk.com within 7 days of the discovery of the fault or within 7 days of the collection of the Goods where the Goods were faulty on collection or there is any problem with the order.
10.4 Faulty Goods must be returned by the Buyer, at the Buyer’s expense, within 7 days of the Buyer’s notification to the Supplier in accordance with clause 8.2 above.
10.5 The Supplier requests that the Goods are returned in the original packaging with adequate insurance during the return journey.
10.6. Within 30 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
10.7. If the Supplier accepts that the Goods are faulty then the Supplier will make arrangements to refund the Buyer within 30 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods. The Buyer will also be refunded all reasonable delivery costs.
10.8. If the Supplier does not accept that the Goods are faulty then the Buyer must make arrangements for collection of the Goods within 28 days of the date of the Supplier’s inspection.
10.9. Where Goods are not collected by the Buyer or third party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
- 11. LIMITATION OF LIABILITY
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11.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liabiilty which cannot be limited or excluded by law.
11.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
11.3. Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods to the Delivery Address by any agreed date.
11.4. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
- 12. USE OF PRODUCTS AND RESPONSIBILITY
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12.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
12.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
12.3. With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
12.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
12.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause 9.
12.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
- 13. WAIVER
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Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future
- 14. FORCE MAJEURE
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The Supplier shall not 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 acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
- 15. INVALIDITY AND SEVERANCE
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Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.
- 16. GOVERNING LAW AND JURISDICTION
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These terms and conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes.
- 17. FOREIGN TAXES AND IMPORT DUTIES
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The prices on our site are UK VAT inclusive. Foreign orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination country, you must check with your local authorities to find out what charges are applicable.
- 18. INTERNET SECURITY TECHNOLOGY
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When you place an order with us using our secure online order form and web browser such a s Microsoft’s Internet Explorer, Firefox or Netscape's Navigator, the order is encrypted. The use of SSL encryption scrambles data sent from the browser to the www.swiveluk.com server in a way that only Designers Quarter can access.
- 19. SAFEGUARDING PERSONAL INFORMATION
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19. 1. We will only collect personally identifiable information to the extent deemed reasonably necessary to serve out legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. By using this site, you signify your consent to the Designers Quarter Privacy Policy. If you do not agree to this policy, please do not use this site. We reserve the right to make changes to this policy.
19. 2. Please check back from time to time to ensure you are aware of any changes in out privacy practices. Your continued use of our site will signify your acceptance of these changes.
- 20. CONTACT
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Designers Quarter Ltd. Registered in England Designers Quarter LTD. no. 09868357 head office and showroom. 1D Shelford Place, London N16 9HS. Telephone: 02071007454 email address contact@designersquarter.com
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