 | TermsAll contracts of sale made by the Company shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing ("the Customer"). 1. Acceptance of Orders All orders submitted on our website are acknowledged by email immediately after their submission and are subject to our express acceptance in a second email or letter which indicates an estimated delivery date. No order placed by the Customer shall be deemed to be accepted by the Company until the Company issues a final acceptance email or letter of the order to the Customer. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing. 2. Carriage, Post and Packing Charges are made for all delivery options except where detailed otherwise and will be invoiced to customers at the prevailing rate. Standard shipping charges for two-man deliveries are £50+VAT pounds per order for deliveries within 30miles of our stores (this amount excludes London congestion charge where applicable). Delivery to other areas in the UK as well as additional services such as assembly, fitting or evening or weekend delivery will incur additional charges. These additional charges will be confirmed to the Customer prior to final acceptance of the order. For delivery outside the UK please contact us for details. 3. Prices Goods are invoiced at the prices ruling at the time of acceptance of an order. Prices shown include VAT. VAT is not added to orders delivered outside the EU. The Company reserves the right to modify prices in respect of orders which have not been accepted. Prices quoted on the website include only the main product described and not any accessories or accompanying items shown except where otherwise stated. 4. Delivery a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to despatch goods within the timescale quoted, no liability can be accepted by the Company for failure to deliver within the estimated times quoted or within any specific time period. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods howsoever caused. b) The Company will accept no liability for shortages or damage to goods unless the Customer notes the damage at the time of delivery (or where this is not possible, notes "Unable to inspect on delivery" on the freight bill) and notifies the Company in writing within two days of receipt of the goods. c) The Customer shall be bound to accept the goods when they are tendered for delivery by the Company and delivery shall be deemed to take place when the goods are tendered for delivery to the Customer at the nominated address for delivery whereupon the risks of loss, breakage or any other damage whatsoever shall pass to the Customer. d) If for any reason the Customer cannot accept delivery of the goods for more than 7 days after the product is available for delivery the Company will store the product free of charge for a period of four weeks. After this period, storage minimum charges of £10 per week, per item apply. The Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer. If the period of storage exceeds 60 days the Company may elect to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract. e) Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply. f) Our standard delivery service is provided by a two-man crew. It excludes any special services or additional manpower required to effect delivery as well as evening and weekend deliveries, for which additional charges will apply. Our delivery service excludes islands and remote locations. Responsibility for the goods passes to the customer after they are unloaded from the delivery vehicle notwithstanding any assistance provided in delivering goods into the Customer's house. g) A re-delivery charge of £75 per instance will be made if a further delivery is necessary because the Customer is not at home to receive the order at a pre-arranged delivery time, or if goods must be redelivered because they cannot fit into the premises without additional work or equipment, or if goods must be redelivered for any other reason. h) The Customer is responsible for requesting the necessary parking permissions from their Local Authority if parking restrictions apply in their area. If such permissions have not been arranged at the time of delivery, the cost of any penalty notices incurred during delivery will be borne by the Customer. i) The Customer shall allow the Company to take photographs of the products during the course of delivery, 5. Payment terms A deposit of 30% of the order value is payable at the time of order. The remaining balance is due as soon as the goods are ready for dispatch and must be paid prior to delivery. The Company reserves the right to charge interest on overdue amounts at 4% above the Barclays Bank PLC base lending rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced (plus interest) has been credited to the Company's bank account without recourse or the Company has received the full amount in cash. 6. Property and title No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash (and, in each case, any applicable cancellation period has passed) and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or at the time of attempted delivery or, if the Customer wrongfully fails to receive the delivery as arranged, at the time when the Company has tendered delivery of the goods. 7. Force Majeure In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as such fulfilment is prevented. 8. Returns and Cancellations Stock items, unused, undamaged and fully marketable, may be returned and the order cancelled (for any reason) within seven days of delivery with the prior agreement of the Company. Returned goods must be in their original packaging. Orders of made-to-order custom goods cannot be returned or cancelled. Ex-display and clearance items are sold as seen and cannot be returned for any reason. For products returned the Customer shall be responsible for all costs and expenses (including insurance) of returning the goods. The Customer's payment will be refunded within 30 days, subject only to deduction of any direct costs of transport and insurance incurred by the Company in relation to the return of the goods, as well as any costs incurred in the original delivery, upon receipt of the goods and inspection as to their suitability for re-sale. 9. Guarantee The Company guarantees all products against manufacturing defects for a period of two years (five years for sofas), starting from the delivery date. This is in addition to the Customer´s statutory rights and it excludes normal wear and tear, neglect, abuse, misuse, or accidental damage. This guarantee does not cover variation in colour between fabric or leather batches, fading or discolouration of fabric, leather or materials due to exposure to direct or indirect sunlight, or due to exposure to any chemicals by direct or indirect application. No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, wilful or negligent act or omission of the Customer or through use not in accordance with the manufacturers instructions by the Customer or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company. 10. The Company's liability a) The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused. b) The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates. c) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions. d) Subject as expressly provided in these Terms and Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. e) Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms and Conditions. 11. Contract Law Cadira is a trading name of PFO Enterprises, registered address 157-159 Ewell Road, Surbiton KT6 6AW Customers accept that by dealing with PFO Enterprises Limited they agree to these Terms and Conditions and that any contract formed with PFO Enterprises Limited will be a contract under and subject to the laws of England whose courts will have exclusive jurisdiction in the determination of any disputes. 12. Miscellaneous a) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder. c) All headings are for convenience only and do not form part of these Terms and Conditions. d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid. e) The Company may at its discretion record telephone transactions with its customers. This is for staff training purposes only.
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