Terms
All contracts of sale made by the Company (PFO Enterprises Ltd t/a Cadira) 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").
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.
1. Basis of Provisions of Goods/Services
1.1 An order shall not be binding on the Company until or unless confirmed in writing by the Order Confirmation and a deposit of at least 30% of the purchase price is paid by the Customer to the Company. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing.
1.2 Additions or modification to orders, however placed, shall not be binding until confirmed in writing by the Company, and may be subject to extra charges.
1.3 Any typographical or clerical error or omission in any sales literature, quotation, price list, invoice, Order Confirmation or other document or information issued by the Company shall be subject to correction by the Company without any liability on part of the Company.
1.4 The Company accepts no liability in respect of goods ordered by the Customer being of dimensions unsuitable for the Customer’s property or if access to the Customer’s property is impossible or impracticable.
2. Price and Payment terms.
2.1 The price of the goods shall be as set out in the Customer Order Confirmation.
2.2 All written quotations are valid for 7 days unless otherwise stated.
2.3 Where orders are placed on a deferred basis and a deposit paid, the price stated in the Customer Order Confirmation will be valid for 3 months. After that, any price increases since the original order was placed, will apply.
2.4 A deposit of at least 30% of the order value is payable at the time of order. The remaining balance shall be payable within 7 days of notification being sent of goods being available for collection or delivery, failing which, interest at the rate of 2% per month on the outstanding purchases price and storage charges will be levied as applicable. 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.
2.5 Collection/delivery shall only be made after receipt of cleared funds.
3. Delivery
3.1 The Company requires at least 5 working days to organize delivery after cleared funds have been received.
3.2 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.
3.3 Deliveries, collections and inspections only take place Monday to Friday during normal business hours. The Company does not offer a timed delivery service.
3.4 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 delivery note) and notifies the Company in writing within 24 hours of receipt of the goods. Where the Customer gives notice to the Company as aforesaid, he/she shall preserve the goods intact as delivered for a period of 21 days after receipt by the Company of the Notice during which the Company, its agent or servants shall be at liberty to attend the Customer’s premises to investigate the complaint.
3.5 If, the Customer finds a shortage or over delivery in the amount of goods delivered, the Customer will not be entitled to reject the Goods but the Company will make further delivery or collection as shall result in the correct quantity having been delivered.
3.6 Damage, shortage, loss in transit or other non-conformity issues, which are present only in a proportion of the Goods, shall entitle the Customer to remedies only in respect of these goods. Remedies will include replacement or store credit, but not cancellation.
3.7 The liability of the Company and of its servants or agents for any loss, injury, damage or claim arising out of or in connection with, the execution of this Contract or arising out of or in connection with the use of the goods supplied by the Company shall (save in the case of liability of death or personal injury resulting from negligence) be limited to the amount equal to the Contract price of the Goods supplied under this Contract whether or not such loss, injury, damage or claim is occasioned by the negligence of the Company or any of its servants or agents.
3.8 If for any reason the Customer cannot accept delivery of the goods for more than 14 days after the product the is available for delivery, storage and insurance charges will apply. If the period of storage exceeds 60 days, and the Customer has failed to make contact, and or make payment for any monies due, 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 paid under the contract or charge the Customer for any shortfall below the price under the contract.
3.9 The Customer shall ensure that access to the delivery address is given on the date of delivery and that the Goods ordered can be physically delivered and installed on this date. The Customer shall not be entitled to reject the Goods upon the basis that access and installation cannot be afforded upon delivery. 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 will apply, and will have to be settled before redelivery can take place.
3.10 Re-deliveries due to access or other issues for which the Customer is responsible, and short notice delivery cancellations (less than 24 hours) will incur a re-delivery fee. The amount will be dependent on the customer location, but will be no less than £100+VAT for a two-man delivery.
3.11 Delivery and assembly shall not necessarily be carried out on the same day for selected product lines.
3.12 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.
3.12 The Customer is responsible for requesting the necessary parking permissions from their Local Authority or management company, if resident parking restrictions apply. 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.
3.13 The Customer shall allow the Company to take photographs of the products during the course of delivery.
4. Carriage, Post and Packing
4.1 Charges are made for all delivery options except where detailed otherwise and will be invoiced to customers at the prevailing rate.
4.2 Standard shipping charges for two-man deliveries are at least £60+VAT pounds per order for deliveries within 30miles of our store (this amount excludes London congestion charge where applicable). Delivery to other areas in the UK or abroad, as well as additional services such as assembly, will incur additional charges. These additional charges will be confirmed to the Customer prior to final acceptance of the order.
5. 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 paid to the Company. 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.
6. 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.
7. Cancellation
7.1 The Company may cancel this Contract at any time before the Goods are delivered by giving written notice. On giving such notice, the Company shall promptly repay to the Customer any sums paid in respect of the price. The Company shall not be liable for any loss or damage whatever arising from such cancellation.
7.2 Orders of bespoke made-to-order items cannot be cancelled by the Customer under any circumstances.
7.3 Online orders of standard products: the Customer may give notice of his/her intention to cancel this Contract upon the giving of written notice to the Company within 14 days of delivery or collection and follow the returns procedure.
7.3.1 The Company shall refund to the Customer either by cheque or card refund such sums already paid minus any deductions where applicable.
7.4 Store/exhibition orders of standard products. the Customer may give notice of his/her intention to cancel this Contract upon the giving of written notice to the Company within 3 days of delivery or collection and follow the returns procedure.
7.4.1 The Company shall provide store credit to the Customer for the sums paid, minus any deductions where applicable. Store credit is valid for three months from the date of issue.
8. Returns
8.1 Made to order items: Goods that have been specially made to order in a specific finish or upholstery colour as per the customer’s specifications cannot be returned. If goods are received damaged, defective or an incorrect specification, the Company will repair or replace in part or in full any affected items.
8.2 Ex-display items: Ex-display items are sold as seen. They must be inspected by the Customer, and cannot be returned for any reason.
8.3 Standard stock items
8.3.1 Online orders of standard stock items: standard items can be returned by the Customer by informing the Company in writing within 14 calendar days of delivery. Goods must be returned within 14 calendar days of cancellation and the Customer must follow the Return procedure. 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 (if applicable), as well as any special costs incurred in the original delivery, upon receipt of the goods and inspection as to their suitability for re-sale.
8.3.2 Orders of standard stock items placed in store/exhibitions: standard items can be returned by the Customer by informing the Company in writing within 3 calendar days of delivery or collection. Goods must be returned within 7 calendar days of cancellation and the Customer must follow the Return procedure. The Customer's payment will be converted to store credit to be used within three months of the date of issue, subject only to deduction of any direct costs of transport and insurance incurred by the Company in relation to the return of the goods (if applicable), as well as any special costs incurred in the original delivery, upon receipt of the goods and inspection as to their suitability for re-sale.
8.3.3 Return procedure: any goods to be returned must be in new, unused, condition with all the original packaging and product tags still attached. There must be no marks or signs of wear. Non-conforming goods will be returned to the Customer. The Customer is responsible for the cost to return the goods to our warehouse and must ensure the goods are packed properly and fully insured. The Customer must notify the Company in advance of any return and book a slot for the goods to be received and inspected.
9. Limitation and Liability
9.1 The Company warrants that the Goods will correspond with their specification at the time of delivery and will be free of defects in material and workmanship for a minimum period of 12 months from the time of delivery.
9.2 If the Company shall receive a written complaint from a Customer in respect of goods found to be defective in respect of materials or workmanship, the Company after it has had a reasonable time to investigate the issue and examine the goods in dispute, shall be entitled at its option to repair or replace the defective goods.
9.3 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
10.1 The Company shall under no circumstances whatsoever be liable for any indirect or consequential loss howsoever caused.
10.2 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.
10.3 Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions.
11. Miscellaneous
11.1 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.
11.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 All headings are for convenience only and do not form part of these Terms and Conditions.
11.4 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at the address set out in the Customer Order Form.
11.5 The Company may at its discretion record telephone transactions with its customers. This is for staff training purposes only.
11.6 This Contract shall be governed by the laws of England and Wales.