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Terms & Conditions Of Sale between Johnson’s Furniture Depositories Ltd t/as Johnson’s Furniture Galleries (“the Seller) and the person or entity named in the Seller’s order form (“the Buyer”)

1. Orders
1.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
1.2 The specification of the Goods is as set out in the Buyer’s order.

2. Price
2.1 The price of the Goods shall be as listed on the Seller’s web site or price list current at the date of acceptance of the Buyer’s order or such other price that may be agreed in writing by the Seller and Buyer (“a Quoted Price”).
2.2 A Quoted Price shall be valid for 30 days only or such lesser time as the Seller may specify.
2.3 The price quoted by the Seller is inclusive of value added tax at the current rate. Should there be any change in the rate of VAT, this would be payable as the invoice price.

3. Payment
3.1 At the time of order, 50% of the value of the order shall be payable by the Buyer to the Seller.
3.2 The balance of the value of the order becomes payable when the Seller notifies the Buyer that the Goods are available for delivery to the Buyer.
3.3 Where Goods are made expressly to a Buyer’s specification, full payment will be due at the time of acceptance of order.
3.4 The Seller offers no credit facility and payment must be either by cash, debit or credit card. Payments by cheque must be cleared prior to delivery.

4. Delivery

4.1 Delivery of the Goods shall be made by the Seller to the address specified by the Buyer at the time of placing the order.
4.2 The Seller will be responsible for delivery to the kerbside of the delivery address only.
4.3 All prices for orders of more than £300.00 are inclusive of the Sellers’ charges for transport within the M25. Deliveries outside the M25 can be arranged on a chargeable basis advised prior to delivery.
4.4 The delivery date is an indication only; an exact date will be confirmed by the seller to the buyer when known but in any event time shall not be of the essence of the contract.
4.5 If the Buyer fails to take delivery of the Goods or any part of them on the delivery date, the Seller shall be entitled, upon written notice to the Buyer, to store or arrange for storage of the Goods. In these conditions, risk in the Goods shall pass to the Buyer and delivery shall be deemed to have taken place as at the time of such attempted delivery to the Buyer, and the Buyer shall in addition pay to the Seller all costs and expenses including storage and insurance charges arising from such a failure.
4.6 The Buyer shall be required to sign the delivery note on delivery in acknowledgement of the receipt of the Goods.
4.7 Claims for shortages or visible damage must be recorded at delivery if possible and notified to the Seller in writing no later than three days from delivery.

5. Right for Seller to cancel the contract
5.1 The Buyer may cancel their order with the Seller for the Goods at any time up to close of business on the 7th working day from the date the Seller receives the Goods. The Buyer does not have to give any reason for cancelling the order nor will the Buyer have to pay any penalty.
5.2 The Buyer cannot cancel their order if the Goods ordered are custom made.
5.3To cancel the order the Buyer must notify the Seller in writing.
5.4 If the Goods have been received by the Buyer prior to cancellation then unless, under clause 5.2 the Buyer does not have a right to cancel, the Buyer must return the Goods to the Seller’s contact address at the Buyer’s own cost and risk. If the Buyer cancels the order but the Seller has already processed the Goods for delivery the Buyer must not unpack the Goods when they are delivered and the Buyer must send the Goods back to the Seller at their contact address at the Buyer’s own cost and risk as soon as possible.
5.5 Following cancellation by the Buyer, any sums paid by the Buyer to the Seller shall be re-credited to the Buyer within 30 days of the Buyer’s order being received by the Seller PROVIDED THAT the Goods are returned by the Buyer and received by the Seller in the same condition as when delivered to the Buyer. In the event that the Buyer does not return the Goods or does not pay the cost of return, the Seller shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.

6. Cancellation by the Seller
6.1 The Seller reserves the right to cancel the order if:
6.1.1 The Seller has insufficient stock to deliver the Goods;
6.1.2 The Seller does not deliver to your geographical locality;
6.1.3 One or more of the Goods was listed at an incorrect price due to a typographical error or an error in the pricing information received by the Seller from its suppliers.
6.2 If the Seller cancels the order, the Buyer will be notified in writing and will re-credit the Buyer any sum received by the Seller within 30 days of the order being received by the Seller. The Seller will not be obliged to offer any additional compensation for disappointment or other alleged loss suffered.

7. Ownership & Title
7.1 Legal and beneficial title in all of the Goods shall remain with the Seller until the full purchase price of all of the Goods has been honoured, regardless of how such indebtedness arose.

8. Fabrics
8.1 In the case of a Buyer who supplies fabric to the Seller, it shall be the Buyer’s responsibility for ensuing that the fabric meets the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended. A test certificate will be required or a statement confirming compliance on the fabric supplier’s invoice.
8.2 The Seller shall not be responsible for any delay as a result of any changes in the specification of the fabric by the Buyer.

9. Finishes & Sizes
9.1 Colour and sizes of the furniture may vary slightly. Allowances should be made for colour variations due to the use of natural timber which varies due to grain and figuring.
9.2. The photographic representation of products on all literature including brochures and website are for information purposes only.

10. Consumer Rights & Seller’s Liability
10.1 The Seller provides no additional guarantees to the statutory rights of the Buyer.
10.2 The Seller shall have no liability to the Buyer for defects in the Goods unless notified by the Buyer of such defects within 10 working days of delivery.
10.3 Where the Goods are not delivered to the Buyer, the Buyer must notify the Seller within 7 days of the notified or anticipated delivery date, in the absence of which the Seller shall have no liability to the Buyer.
10.4 The Seller shall not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits) howsoever rising out of any problem with the Goods or the order. 10.5 The Seller’s maximum liability to the Buyer shall be the value of the Goods ordered.
10.6 Notwithstanding the foregoing, nothing shall limit the Buyer’s rights as a consumer, or other statutory rights, as appropriate.

11. Notices
11.1 All notices from the Buyer to the Seller must be in writing sent to
Johnson’s Furniture Galleries, PO Box 1016, Bromley, BR1 9NW.

12. Events beyond our control
The Seller shall have no liability to the Buyer for any failure to deliver the Goods or any delay in doing so or for any damage or defect in the Goods that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident or availability of materials.

13 Invalidity
If any part of these Conditions is unenforceable, the enforceability of any other part shall not be affected.
14. Third party Rights
A person who is not a party to the contract shall have no rights under the contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

15. Governing Law and Jurisdiction
The Contract shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.

16. Entire agreement
These terms and conditions, together with the Seller’s current price lists, web site prices, delivery and contact details and privacy policy, form the whole agreement relating to the supply of the Goods to the Buyer. Nothing said by any sales person on the Seller’s behalf should be understood as a variation thereto or as an authorised representation of the nature or quality of any goods offered for sale. Save for fraud or fraudulent misrepresentation, the \seller shall have no liability for any such representation being untrue or misleading.

 

 

 

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