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Terms and Conditions

 

1. Interpretation

 

1.1 In these Conditions:

BUYER means the person, firm, company, organization or public authority who accepts a quotation or offer of the Seller for the sale of the GOODS which the Seller is to supply in accordance with these conditions.
SELLER means Ascendi Furniture.
CONDITIONS means the standard terms and conditions of sale set out in this document.
CONTRACT means the contract for the purchase and sale of the Goods.

 

1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

 

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

 

2. Basis of Sale

 

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller, subject in either 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 purported to be made, by the Buyer. Any other terms and conditions which seek to override or exclude these Conditions will be disregarded.

2.2 No variation to these Conditions shall be binding unless agreed in writing between the BUYER and the SELLER.

2.3 The Seller's employees or agents are not authorized to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

2.4 Sales literature, internet pages, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Buyer may not be withdrawn, cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-
(a) the Seller's written acceptance;
(b) delivery of the Goods; or
(c) the Seller's invoice.

2.5 Any typographical, clerical or other accidental errors or omissions in any sales literature, internet pages, 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.

3. Orders and Specifications - 

 

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller's authorized representative.

 

3.2 The specification for the Goods shall be those set out in the Seller's sales documentation unless varied expressly in the Buyer's order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller's price list. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, internet pages, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.


3.3 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.

3.4 By placing an order the Buyer warrants to the Seller that the Buyer is a resident in the UK, that the Buyer is accessing the site from the UK and that the Buyer is at least 18 years old and legally capable of entering into binding contracts.

 

4. Price of Goods

 

4.1 The price of the Goods shall be the price listed in the Seller's published price list current at the date of acceptance of the Buyer's order or such other price as may be agreed in writing by the Seller and the Buyer.

4.2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller's published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.

4.3 The price of the Goods listed on the Seller's website or brochures are inclusive of VAT.

 

5. Terms of Payment

 

5.1 The payment/deposit of the price of goods by the Buyer to the Seller shall be due at the date of the order.

5.2 All payments shall be made to the Seller in Pounds Sterling.

5.3 All Goods remain the property of Ascendi Furniture (the Seller) until all payments have been received in full from the Buyer. 

 

6. Delivery

 

6.1 Delivery of the Goods shall be made by the Seller, or the Seller's agents, delivering the Goods to the place specified by the Buyer on order and/or the Seller's acceptance as the location to which the Goods are to be delivered by the Seller and/or confirmed by telephone or post between the Seller, or the Seller's agents, and Buyer prior to the delivery or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

6.2 The Delivery Date is approximate only and can vary. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.

6.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

6.4 If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licenses, consents or authorizations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Clause 9.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure. The Buyer shall pay to the Seller all costs and expenses for any subsequent delivery.

 

7. Cancellations

 

7.1 The Buyer can cancel an order, for a full refund, at anytime prior to the point when the Buyer has agreed delivery arrangements with the Seller or the Seller's agents.

7.2 Where an order is cancelled by the Buyer after the point when the Buyer has agreed delivery arrangements with the Seller or the Seller's agents, the Buyer shall indemnify the Seller in full against all penalty charges, delivery charges and any other expenses incurred by the Seller as a result of cancellation.

7.3 The Seller shall refund the Buyer for the price of the Goods (less any penalty charges, delivery charges and any other expenses incurred under clause 7.2) within 30 days of the date of cancellation.

7.4 The Seller may cancel an order for any reason, at any time up to the Delivery Date, with no liability beyond the provision of a refund to the Buyer for the value of the Goods within 30 days of the cancellation.

 

8. Return of Goods

 

8.1 The Buyer may, within 7 days of delivery provide the Seller with notification in writing of the Buyers intent to return the Goods for a refund.

8.2 The Goods must be received by the Seller fully packed and in perfect condition within 10 days of the notification under clause 8.1.

8.3 The Seller shall arrange for the return dispatch of the Goods.

8.4 The Seller shall refund the Buyer for the price of the goods ( excluding collection charges) immediately of the satisfactory receipt of the Goods.

 

9. Seller's Default

 

9.1 If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller's reasonable control or the Buyer's or its carrier's fault:
(a) if the Seller or the Sellers agent delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery.

9.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in delivery or in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental. parliamentary or local authority;
(d) import or export regulations or embargoes; and/or
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).

 

10. Defective Goods

 

10.1 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall:
(a) Replace the defective Goods within 30 days of receiving the Buyer's notice; or
(b) The Seller shall refund the Buyer for the price of the goods immediately upon satisfactory receipt of the defective Goods.

10.2 No Goods may be returned to the Seller without prior agreement with the Seller. Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller's sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.

10.3 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller's approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.

10.4 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

10.5 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions.

10.6 Except in respect of death or personal injury caused by the Seller's negligence, or as expressly provided in these Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.

10.7 The Buyer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labeling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory handling and sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer's failure to comply with this condition.

 

11. Buyer's Default

 

11.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the order or suspend any further deliveries to the Buyer.

 

12. Warranty

 

12.1 The Seller does not provide any warranty cover against defects in his own right.

12.2 Goods supplied by the Seller come with a manufacturer's warranty.

 

13. Complaints

 

13.1 If you have a complaint regarding the Seller's service and products please contact the Seller at:
By email: info@ascendifurniture.co.uk
By Post: Ascendi Furniture, Victoria Buildings, Bank Avenue, Leeds, LS27 9JF.

 

14. General

 

14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

14.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

14.4 The Contract shall be governed by the laws of England.