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Website Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Furniture Products) listed on our website http://www.apresfurniture.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products via our site. For information regarding the usage of information gathered during the ordering process please refer to our Privacy Policy. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions and that any order you make is an offer to purchase which we are then free to confirm or decline as we see fit.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Agree" at the end of these terms and conditions if you agree to them. Please understand that if you refuse to agree these terms and conditions, you will not be able to order any Products via our site.
1. Information about us
1.1 http://www.apresfurniture.co.uk is a site operated by APRES FURNITURE LIMITED ('we'). We are registered in England and Wales under company number 02831825 and with our registered office at Prager and Fenton LLP, 8th Floor, Imperial House, 15-19 Kingsway, LONDON, WC2B 6UN. Our main trading address is APRES FURNITURE LIMITED, 16 Brune Street, Coppergate house, London E1 7NJ. Our VAT number is (6725698).
2. Service Availability
Our site is only intended for use by organisations resident in the United Kingdom. We do not accept orders through our site from individuals outside of the United Kingdom.
3. Your Status
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old;
- You are resident in the United Kingdom; and
- You are accessing our site from the United Kingdom.
4. How the contract is formed between you and us.
4.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by telephoning you or sending to you an e-mail that confirms that your order has been accepted (the Acceptance Confirmation Call/Email) or rejected. The contract between us (Contract) will only be formed when we make/send you an Acceptance Confirmation Call/Email. If we have rejected your order then we may contact you to further negotiate the terms.
4.2 The Contract will relate only to those Products that we have confirmed in the Acceptance Confirmation Call/Email. We will not be obliged to supply any other Products which may have been part of your order until acceptance has been confirmed in a separate Acceptance Confirmation Call/Email.
5. Consumer Rights (Non Business Clients Only)
5.1 If you are contracting as a consumer, you may cancel a Contract, subject to 5.3 below, at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 9 below).
5.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
5.3 Goods that are produced to your own specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly do not have the benefit of a right to cancel. This provision does not affect your statutory rights.
6. Availability and Delivery
Your order will be fulfilled within 30 days of you placing your order, unless there are exceptional circumstances.
7. Risk and Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will pass to you on delivery providing that we have received full payment of all sums due in respect of the Products, including delivery charges.
8. Price and Payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. The price of any Products will be confirmed in the Acceptance Confirmation Call/Email and should be checked carefully.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our delivery information.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation Call/Email.
8.4 Our site contains a wide variety of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order acceptance procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions - or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation Call/Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Switch and Solo. We will charge your credit or debit card at the outset when you place your order. If your order is rejected by us we will refund you as described in clause 9.1 and then advise you via telephone or e-mail within a reasonable period of time.
9. Our refunds policy
9.1 When you return a Product to us (for instance, because you, as a consumer, have cancelled the Contract between us or because you claim that the Product is defective), we will examine the returned Product and will notify you of any refund you are entitled to via telephone or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via telephone or e-mail that you were entitled to a refund for delivery of the defective Product.
9.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.3 Products returned by you within the seven-day cooling-off period if you are dealing as a Consumer (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to You. However, you will be responsible for the cost of returning the item to us.
9.4 Please note that, unless paragraph 5.1 above applies, you will have no right to a refund should the Products not meet with your expectations, for example as to design and colours. Please note that whilst we make reasonable efforts to accurately display the colours and designs of the goods for sale on our website they should be regarded as approximate only and that they can be affected by your own computer's visual settings and hardware.
10. Our Liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased via our site is strictly limited to the purchase price of that Product.
10.3 This does not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Import Duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Notices
All notices given by you to us must be given in writing to APRES FURNITURE LIMITED, 16 Brune Street, Coppergate House, LONDON E1 7NJ. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of Rights and Obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
16. Waiver
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
17. Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation Call/Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Acceptance Confirmation Call/Email).
20. Law and Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Notes to Client
- The following should be inserted on the checkout page (near the purchase confirmation) of your website in a legible manner:
'Please note that until you receive an Acceptance Confirmation Call/Email from us that no contract is formed.'
- Regarding the clients agreement to the contractual terms:
An 'I Agree' click button is required alongside a window (perhaps scroll - through) that allows the Terms and Conditions to be read and printed before an order is placed. They must be seen before the offer to purchase is made by the client.
- Gathering of clients details/purchase procedure:
Presumably once the client has selected products, clicked proceed to checkout and then clicked 'I Agree' in relation to these terms, they will then be prompted to enter their personal details?
This being the case, as they enter the 'Enter Details' page you need to structure the page so that they have an opportunity to read your Privacy Policy via a hyperlink before they enter their personal details.
Also, before they click confirm to enter their details they should be presented with 'Opt In' choices that they must make in relation to the handling of their information. E.g.:
Please tick if you do not wish to receive "cookies".
"Cookies" are small amounts of information, including your personal details, which we store on your computer that will make it easier for you to log on to our site and which enable us to personalise the content of the site for you. Please read our Privacy Policy which explains how we use and protect the information that you provide to us.
Please tick if you would like to receive details of our products and services in the future, by post, telephone call, email, fax and other electronic means.
Please tick if you would like to receive, by post, email, fax, telephone call and other electronic means, details of similar products or services offered by other companies carefully selected by us.
- Trading address used (from website):
Apres Furniture Limited, 16 Brune Street, Coppergate House, London E1 7NJ
- Regarding Acceptance by you of the client's offer to purchase:
The Terms and Conditions provide for this to be done by you either by email or telephone (referred to as the 'Acceptance Confirmation Call/Email').
- For all clients dealing as consumers this must be done in writing (i.e. by email)
- For business clients (i.e non-consumers) you have a choice. Best practice is fro you to send them an email confirming your acceptance of their order as it will be easier to refer back to the terms on which you accepted the order and any conditions/stipulations which you communicated (e.g. delivery timings, variations). There is less scope for argument after the event.
- Delivery Information
A link needs to be provided from various pages so that potential and actual clients can access information on your delivery charges. A link is offered(proposed) from within the Terms and Conditions of Supply so that your charges can be viewed before they agree to the Terms and Conditions of Supply.
- Delivery
Clause 6 currently states that you will fulfil delivery within 30 days of the customer ordering the Products via the website. This is something that you are required to do for consumers. However, we would have thought that you may wish to follow this as best practice for non-consumer clients.
- Capacity in which client is dealing
The legal requirements on you (and the rights you owe them) for consumer clients (rather than business clients) are more onerous. It would be useful to try and determine in which capacity a person is placing an order.
We suggest you ask them to state whether they are purchasing in a business or individual capacity at the time they submit their order, so that the situation has been clarified.
