Terms And Conditions
Quality Collections & Upholstery Ltd (Trading as Quality Carpets & Furniture): Terms & Conditions
Welcome to Quality Carpets & Furniture Website Terms & Conditions, compiled in compliance with the Consumer Contracts Regulations.
By using this website, you are agreeing to be legally bound by these Terms & Conditions.
The Terms & Conditions take precedence over any in-store Terms & Conditions and govern all transactions on this website.
Any queries or questions relating to these Terms & Conditions, please contact our Sales Team by emailing email@example.com or call 01938 554422 between the hours of 09.00 – 17.00hrs, alternatively you can send a fax to 01938 554422
Our address for all correspondence is:
Quality Carpets & Furniture
1st Floor, The Fox Complex
Registration Number: 678 2566
VAT Number: 941 731 430
FCA Registration Number: 757052
Quality Carpets & Furniture operates its website from the above location. Therefore, the laws of England and Wales govern any claims relating to our website.
In the event of any dispute, you hereby agree to resolve it under the laws of England and Wales.
Our Website Service
Our services are provided to adults over the age of 18 yrs. By ‘proceed to purchase’ through our website, you acknowledge and confirm these terms and conditions.
“Confirmation” means Quality Carpets & Furniture's Confirmation of a Request and the agreement to fulfil that request offering to supply the Goods to the Buyer upon these terms and conditions whether by e-mail, in writing or by verbal communication;
“the Buyer” means the person, firm or Company buying the goods from Quality Carpets & Furniture;
“Contract” means the contract formed by the placing a request and Quality Carpets & Furniture providing an acknowledgement of request and agreement to fulfil the request subject to these terms and conditions;
“Goods” means the articles or things forming the subject matter of the Contract between Quality Carpets & Furniture and the Buyer;
“Parties” means Quality Carpets & Furniture and the Buyer;
“Request” means the Buyer’s request to Quality Carpets & Furniture to purchase the Goods whether by Telephone Order, Internet Order or in person;
“Telephone Order” means the Buyer’s verbal or telephone instructions to Quality Carpets & Furniture to purchase the Goods upon these terms and conditions;
“Internet Order” means an order placed with Quality Carpets & Furniture to purchase goods through Quality Carpets & Furniture’s website
No terms or conditions for the supply of Goods (whether contained in the Buyer’s Request or otherwise) shall be binding on Quality Carpets & Furniture other than those set out herein. All Goods sold or supplied by Quality Carpets & Furniture are done solely upon these terms and conditions and shall override any other representations terms or conditions stipulated referred to or implied by the Buyer or Quality Carpets & Furniture whether in any other document or in any negotiations or discussions.
3. FORMATION OF CONTRACT
3.1. Upon receipt of a Request if Quality Carpets & Furniture are able to fulfil the Request Quality Carpets & Furniture shall send to the Buyer a Confirmation of Request. Quality Carpets & Furniture in their absolute discretion reserve the right to refuse any Request.
3.2. A Contract shall exist between the Parties upon Quality Carpets & Furniture providing a Confirmation of Request in accordance with sub-clause 3.1. Where a Buyer requests a credit period to be provided by Quality Carpets & Furniture, Quality Carpets & Furniture may in their absolute discretion submit credit checks on the Buyer and any request for a credit period will be refused or granted at Quality Carpets & Furniture’s absolute discretion. Any credit period quoted will be upon terms and conditions set out by Quality Carpets & Furniture subject always to Clause 7.1 of these terms and conditions.
4. PRICE LISTS
Price lists and other advertising matter are only an indication of the type of goods offered and except as expressly provided in these terms and conditions no prices or other particulars contained in them shall be binding on Quality Carpets & Furniture.
5. VARIATION OF CONTRACT
Neither Quality Carpets & Furniture nor the Buyer shall be bound by any variation, waiver of or addition to the Contract or these terms and conditions unless made in writing signed by or behalf of both Quality Carpets & Furniture and the Buyer.
6.1. Unless otherwise agreed by Quality Carpets & Furniture in writing the prices applicable to the Contract are those appearing in Quality Carpets & Furniture’s published price list current at the time of Quality Carpets & Furniture Certificate of Request. Where there is a variation in the Price at the date of the Certificate of Request then Quality Carpets & Furniture will confirm that change with the Buyer and the Buyer shall be called to withdraw from the contract at that time.
6.2. Prices quoted are in pound sterling inclusive of VAT or any other sales taxes, unless otherwise expressly provided
6.3. In their absolute discretion Quality Carpets & Furniture reserve the right to charge additional sums for carriage and delivery
7.1.1. (a)Where the Goods are supplied pursuant to an existing customer account Payment for the Goods shall be due within 30 days of the date of the invoice (“the due date for payment”) unless an authorised representative of Quality Carpets & Furniture agrees different payment terms in writing to the Buyer.
(b)Where any sums are outstanding for more than 30 days Quality Carpets & Furniture may suspend the Buyer’s account and all orders made by the buyer under such an account will be summarily frozen
7.2. Payment shall be deemed not to have been made until any and all cheques, drafts and bills by which payment is to be effected have been cleared or honoured (as the case may be).
7.3. Quality Carpets & Furniture reserves the right to charge interest on payments outstanding after the due date for payment. This payment is at the rate (both before and after judgement) of four per cent per annum above the base lending rate of Quality Carpets & Furniture’s principal bankers. The interest will be calculated on the outstanding balance due from the date for payment down to receipt by Quality Carpets & Furniture of payment such interest compounding and being added to the outstanding balance at three monthly intervals.
7.4. Where at the Buyer’s request Quality Carpets & Furniture undertakes urgent non-scheduled delivery Quality Carpets & Furniture reserves the right to make an exceptional charge for such delivery irrespective of the value of the Goods in question such charge to be paid in accordance with sub-clause 7.1 above.
7.5. Where the purchase order is received through Quality Carpets & Furniture’s website then full payment must be made in full at the time of purchase unless otherwise previously agreed in writing by Quality Carpets & Furniture.
8.1. Once your order is received at our showroom we will contact you to arrange delivery.
8.2. Delivery is charged at £19.95 per order within 50 miles of our showroom in Welshpool. Delivery outside of 50 miles can be arranged at our discretion at a cost of £1 per mile. We are unable to ship outside the UK.
8.3. Any order totalling more than £300.00 will be delivered for free within 50 miles of our showroom in Welshpool.
8.4. Orders can be collected free of charge from our showroom in Welshpool. This must be arranged 24 hours in advance.
8.5. If you are not present to take delivery on a pre-arranged and confirmed day, there will be an additional £30 delivery charge added to your order. This charge becomes payable before another day is allocated for delivery.
8.6. Please note, 2 man delivery products are usually quite large and you will need to check the product size and dimensions to ensure the product can pass through corridors, gates and doors to reach your desired location.
8.7. Delivery is to the ground floor entrance of the address given. Delivery into the premises is at our discretion and when undertaken is entirely at the customer's risk with no liability attaching to us for loss or damage. Delivery does not include unpacking, assembly or installation.
8.8. Unwanted furniture can be removed by prior arrangement (charges apply). This must be booked and agreed at the time of arrangement of delivery.
8.9. If you decide, for whatever reason, to cancel your order or return the goods within your 14 day approval period the delivery charge will not be refunded.
9. LOSS DAMAGE OR NON-DELIVERY
9.1. Where Quality Carpets & Furniture undertakes carriage the Buyer shall:-
9.1.1. advise in writing for any non-delivery of the whole or part of any Purchase Order within 24 hours of the delivery.
9.1.2. shall advise Quality Carpets & Furniture in writing of any damage to Goods within 24 hours of the delivery and/or shall so advise any carrier within the time limited by such carrier’s Conditions of Business or Carriage, or seven working days, whichever shall be the shorter period.
9.2. Goods delivered in a damaged condition must be signed for as such and retained for Quality Carpets & Furniture inspection. Inspection will be carried out by Quality Carpets & Furniture within ten working days of receipt by Quality Carpets & Furniture. Where Quality Carpets & Furniture is satisfied that damage occurred prior to delivery to the Buyer Quality Carpets & Furniture may in its absolute discretion and in satisfaction of it’s entire liability to the Buyer replace free of charge any part of the Goods so damaged.
9.3. Images are provided for illustrative purposes only; we cannot guarantee the image portrayed will represent the true colour or full design relating to the product. The images portrayed on Quality Carpets & Furniture website will be as accurate as possible. However, whenever we become aware of any description error, we reserve the right to correct any error on omission.
10. DEFECTS AFTER DELIVERY
Quality Carpets & Furniture policy is to test thoroughly any product returned as defective. Should the item(s) prove to be defective as a result of a manufacturing defect, within the stated warranty period, the customer’s account will be credited or a refund given, repaired or, at Quality Carpets & Furniture discretion, replaced free of charge provided that it is returned to Quality Carpets & Furniture premises and provided also that this guarantee:
10.1. does not apply to damage sustained in transit; and shall cease to have effect if the Goods have been used for any purpose other than those for which they are intended. Otherwise than in accordance the manufacturer’s (if any) or stored in improper conditions.
10.2. shall cease to have effect if the Buyer has failed to inspect the Goods and inform Quality Carpets & Furniture within 7 days of delivery.
11. EXCLUSION OF LIABILITY
11.1. Subject as expressly opened 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 excluded to the fullest extent permitted by law.
11.2. Except in respect of death or personal injury caused by Quality Carpets & Furniture’s negligence, Quality Carpets & Furniture shall not be liable to the Buyer by reason or any representation or any implied warranty, condition or other term or any duty at common law. Under the express terms of the Contract for any loss or damage. Any consequential damage (whether for loss of profits or otherwise) costs, expenses or any claims for consequential compensation whatsoever howsoever caused which arises out of or in connection with the supply of the Goods to the Buyers.
11.3. Upon taking delivery of the Goods the Buyer acknowledges receipt of all health and safety information provided by the manufacturer with the Goods and the Buyer confirms that they have read and understood the health and safety information provided and have raised all requisitions and enquiries in order that the Buyer is aware of the content of any health and safety information.
11.4. Upon taking delivery of the Goods the Buyer acknowledges that they are responsible for the safe handling of the Goods and will deal with the Goods in accordance with the terms of any health and safety guide. Quality Carpets & Furniture accept no liability for any loss incurred by the Buyer after the Buyer has taken delivery of the Goods due to the Buyer’s failure to handle or deal with the Goods in accordance with the health and safety information provided or any other written information provided to the Buyer by Quality Carpets & Furniture as to the correct handling, care and dealing with the Goods
Should the Buyer fail to give Quality Carpets & Furniture adequate delivery instructions or if so agreed fail to collect the Goods from Quality Carpets & Furniture premises on any agreed date then Quality Carpets & Furniture shall be entitled (but not bound) to arrange storage of the Goods. Either at its own works or elsewhere on the Buyer’s behalf and all charges for storage and insurance of for demurrage shall be payable by the Buyer.
13. RETENTION OF TITLE
13.1. For the purposes of Section 17 (1) and 19 (1) of the Sale of Goods Act 1979, Quality Carpets & Furniture of full payment of the price of the Goods shall transfer the property of the Goods to the Buyer upon receipt. This shall also include all other sums owing to Quality Carpets & Furniture by the Buyer from time to time.
13.2. Until the Goods have been paid for in full the Buyer: -
13.2.1. agrees to hold the Goods in a fiduciary capacity for Quality Carpets & Furniture as trustee;
13.2.2. agrees to store the Goods in such a way that they are clearly identifiable as the property of Quality Carpets & Furniture; and
13.2.3. may sell to third parties but in doing so shall be acting as agent on behalf of Quality Carpets & Furniture and shall keep the proceeds of any such re-sale shall be held by the Buyer as trustee for Quality Carpets & Furniture.
13.3. At any time before the Goods have been paid for and without prejudice to any other remedies, Quality Carpets & Furniture or its agents shall be entitled immediately after giving notice of its intention to do so, enter upon the premises of the Buyer with such transport as may be necessary and re-possess any Goods for which it has title hereunder.
13.4. Nothing in the clause shall confer any right on the Buyer to return Goods supplied hereunder or to refuse or delay payment thereof unless otherwise agreed in writing.
14. LIABILITY FOR DELAY
Quality Carpets & Furniture shall not be liable in any way for any loss or damage directly or indirectly through or in consequence of delivery of the Goods being prevented or delayed by late provision to Quality Carpets & Furniture. Any information or instructions pertinent to the fulfilment of the Contract by Quality Carpets & Furniture or any other causes or circumstances whatsoever beyond the reasonable control of Quality Carpets & Furniture.
The Contract is personal to the Buyer who shall not assign or charge the benefit of any of its rights without Quality Carpets & Furniture prior written consent.
16.1. If the Buyer shall make default or commit a breach of these terms and conditions or of any other of his obligations to Quality Carpets & Furniture. If any distress or execution shall be levied upon by the Buyer’s property or assets or if the Buyer shall convene a meeting of its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act of 1986 or a proposal for any other composition scheme or arrangement with (or within the meaning of Section 123 of the Insolvency Act of 1986) or if a trustee receiver administrative receiver or similar officer is appointed in respect of all or part of the business or assets of the Buyer or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the Buyer of for the making of an administration order (otherwise than for the purpose of an amalgamation or reconstruction), then without prejudice to any other remedy available to Quality Carpets & Furniture, Quality Carpets & Furniture shall be entitled without notice: -
16.2. to suspend or terminate the Contract or any unfulfilled part therefore; and
16.3. to halt any Goods in transit; and
16.4. either by an agent or itself to have access to the Buyer’s premises for the protection, removal, realisation and disposal of any Goods at any time and from time to time in which the property shall not have passed from Quality Carpets & Furniture to the Buyer.
16.5. If Quality Carpets & Furniture terminate the Contract in accordance with this clause then without prejudice to any other rights Quality Carpets & Furniture may have, it shall be entitled to retain any advance payment made by the Buyer:
16.6. Cancellation by Quality Carpets & Furniture
We reserve the right to cancel/not accept any order under the following circumstances:
- Insufficient stock to fulfil the order
- One or more of the goods ordered were incorrectly described or priced on our website
- The payment transaction is not authorised.
- You do not provide us with your real name.
- Payment details - including your card address, is not provided.
- Your delivery address is different from your card address.
17.1. Notices and other documents to be sent by one party to the other shall be in writing and posted in a first class pre-paid envelope to the Buyer’s or Quality Carpets & Furniture principal place of business or failing those to the address to which the one Party reasonably believes the other to be carrying on the business.
17.2. A notice shall be deemed to have been given forty-eight hours after posting (or ninety-six hours after posting where the notice is sent from and/or addressed to an address outside the United Kingdom) and in proving such service it shall be sufficient to show that the envelope was properly addressed and out into the post.
18. LEGAL CONSTRUCTION
Failure by Quality Carpets & Furniture to enforce any of the Contract Terms and Conditions shall not be construed as a waiver of any of Quality Carpets & Furniture rights hereunder. English Law shall govern the validity, construction and performance of the Contract.
These conditions shall apply in full save that if any Act of parliament of other Statutory Provision for the time being in force shall avoid or make unenforceable any of the provisions hereof these terms and conditions shall be deemed to apply with the exclusion of the provision hereof which shall be void or unenforceable as aforesaid.