Heirloom London Ltd. Terms and Conditions of Sale
Heirloom London Ltd. Terms and Conditions
Buyer the person who buys or agrees to buy Goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the articles which the Buyer agrees to buy from the Seller or instructs the Seller to remodel.
Price the price for the Goods, including VAT and packaging, excluding any carriage, and insurance costs.
Seller means “Heirloom London Ltd”, a company whose registered office is at Thavies Inn House, 3-4 Holborn Circus, London EC1N 2PL.
Services the service of sourcing Goods; advising on suitability of Goods and all assistance associated with the purchase of Goods from the Seller.
2.1 The Seller will provide Goods and Services according to these Conditions, which form the contract between the Seller and the Buyer in relation to the sale of Goods and provision of Services. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions, which the Seller can accept or reject according to factors in its absolute discretion, including but not limited to, availability of Goods, anticipated time of delivery etc.
2.3 Signature of a confirmation of order of Goods by the Buyer operates as conclusive evidence of the Buyer’s agreement to purchase the Goods (whether ready-made or bespoke) specified on that confirmation of order according to these Conditions.
2.4 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of the Goods.
2.4 These Conditions may not be varied except by the written agreement of Ruth Donaldson, a director of the Seller.
- Price and Payment
3.1 The Price shall be the price shown on the Seller’s confirmation of order. The Price is inclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
3.2 For Goods which are made to order or bespoke, payment of the Price and VAT shall be made by the Buyer in two instalments;
3.2.1 fifty percent of the price shown will be immediately due and payable in order for Goods to be supplied or, where the item is being made according to the Buyer’s specification, prior to any work being undertaken;
3.1.2 the remaining balance will be invoiced when the Goods are ready for despatch and payment shall be made immediately upon receipt of invoice and prior to delivery of the Goods, unless any alternative arrangements for payment of the balance have been agreed in advance in writing between the parties.
3.2 For Goods which are ready made or which are available for despatch at once, the Seller will invoice the Buyer the full Price and payment shall be made immediately upon receipt of the invoice and prior to delivery of the Goods, unless any alternative arrangements for payment of the balance have been agreed in advance in writing between the parties.
3.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 5% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
3.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
3.4 In any event where payment or any part thereof remains unpaid 14 days after the date of invoice the Seller shall be entitled to cancel the order and any payment already made by the Buyer shall be forfeit. Additionally the Seller shall be entitled to sell the Goods to offset all costs of materials, labour, storage, insurance and all expenses (including administrative, delivery and professional costs) incurred as a result of the order.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order and are fit for purpose, appropriate quality and made from the materials specified in the confirmation of order.
- Delivery of the Goods
6.1 Time shall not be of the essence in relation to delivery of the Goods.
6.2 Delivery of the Goods shall be made to the Buyer’s specified address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified for delivery by the Seller.
6.3 The Seller undertakes to use its reasonable endeavour to despatch the Goods on an agreed delivery date and time, but does not guarantee to do so in the event of any event which could be construed a Force Majeure.
6.4 The Seller undertakes to keep the Buyer regularly appraised of the likely date when the Goods will be ready for despatch.
6.5 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
6.6 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
- Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods on delivery.
7.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed. Defective Goods may be returned in accordance with the provisions of clause 9.3.
- Risk and Ownership in the Goods
Risk in the Goods passes on delivery of them to the Buyer. The Buyer shall be responsible for ensuring that the Goods are adequately insured at least until the expiry of the inspection period in clause 7.2.
- Right of Cancellation and Return of Goods
9.1 Save where you have bought ready-made Goods online from the Seller, there is no right to cancel the order and/or these Conditions and specifically there will be no right of cancellation and/or return where the Buyer has had a change or mind or change in personal circumstances
9.2 There is no right of return and/or refund where Goods have been;
9.2.1 worn, cleaned and/or damaged (whether by accident or deliberately) and the Goods and/or the packaging is not fit for reuse;
9.2.2 sourced specifically for the Buyer and/or at the Buyer’s request;
9.2.3 made bespoke in accordance with the Seller’s instructions and/or a confirmation of order;
9.2.4 sized and/or adjusted in accordance with the Seller’s confirmation of order;
9.2.5 remodelled to a new design and have therefore become mixed inseparably with new goods.
9.3 Where the Buyer has bought ready-made Goods online from the Seller, the Buyer may cancel the order within 14 days of delivery of it and the Seller will provide a refund upon return of the Goods to the Seller PROVIDED THAT the Goods have NOT been;
9.3.1 worn, cleaned and/or damaged (whether by accident or deliberately) and the Goods and/or the packaging are fit for reuse;
9.3.2 personalised sized or remodelled for the Buyer and/or at the Buyer’s request.
9.4 The Buyer is required to return the Goods to the Seller by courier or special delivery post which must be signed for by the Seller and must insure them for their full replacement value. In the event that the Goods are not returned or not received by the Seller, no refund will be given. In the event that the Seller agrees to arrange for return of the Goods to it, the Seller shall be entitled to deduct the cost of returns from the price refunded to the Buyer.
9.5 Where the Goods are proven to be defective;
9.5.1 the Buyer may return the Goods to the Seller by courier or special delivery post which must be signed for. The Buyer shall be liable for the costs of secure return and any insurance associated therewith. In the event that the Goods are not returned or not received by the Seller, no refund will be given. In the event that the Seller agrees to arrange for return of the Goods to it, the Seller shall be entitled to deduct the cost of returns from the price refunded to the Buyer;
9.5.2 the Seller will correct the defect within a reasonable time and re-deliver the Goods to the Buyer and all provisions of these Conditions will apply as before.
9.6 Where Goods are returned for any reason (including for any statutory reason) the Seller shall be entitled to deduct such sums as are reasonable for the amount the Goods have diminished in value as a result of the Buyer handling or wearing the Goods beyond what is reasonably necessary to establish their nature, characteristics and function.