Terms
The following terms and conditions apply to all transactions carried out by you on this Web Site. By entering this Web Site and making your first purchase, you accept these terms and conditions.
1 DEFINITIONS
1.1 "Consumer" means any person who is purchasing outside the course of his or her business or trade."Goods" means soft furnishings (including but not limited to carpets and curtains), furniture and household accessories available for purchase on our Web Site.
"We" or "us" refers to the Vogue Interiors partnership trading as Vogue London.
2 GEOGRAPHICAL RESTRICTION
2.1 This Web Site is only intended to be used and accessed in the UK. We cannot accept any orders from outside the UK.
3 PLACING AN ORDER
3.1 On placing an order, you warrant to us that you are a Consumer.
3.2 The Goods displayed and information about Goods and prices on our Web Site are an invitation to you to offer to buy.
3.3 An order is placed when you complete the checkout process on our order form.
3.4 We shall acknowledge receipt of your order with either an e-mail or a telephone confirmation.
3.5 The order shall be accepted by us when you receive our e-mail or telephone acknowledgement. The date and time of the order shall be the date and time at which you first have access to the confirmation message.
3.6 If you receive confirmation of an order that you did not place, or if the details in the confirmation do not match the order which you placed or intended to place, you must contact our customer services team as soon as is reasonably practicable by telephone or e-mail to cancel the order or correct the details.
4 PRICE AND PAYMENT METHODS
4.1 All prices are in pounds sterling (unless otherwise stated). Payment must be made in pounds sterling.
4.2 Payment by card is subject to authorisation by the card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery.
4.3 Payment will be required as to 100% of the price when the order is placed by you.
4.4 The price of our Goods may be increased or decreased from time to time and there may be a delay in amending the prices on the Web Site. If this happens we will check with you to see if you wish to receive the Goods at this increased price.
4.5 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
4.6 All prices are inclusive of VAT, delivery costs and fitting.
4.7 You will receive an invoice within seven working days of delivery of your order.
4.8 If you fail to make the payment at the time or within the period prescribed by these Terms and Conditions, then without prejudice to any other right or remedy available, we may at our sole discretion:-
4.8.1 suspend the performance of any or all of our obligations under the order; and/orterminate the order and any other agreement between us for the provision by us of goods or services.
5 DELIVERY
5.1 We will do our best to supply the Goods ordered by you, and will give a commitment to deliver on a set date. We will telephone you to confirm whether delivery and/or installation where applicable will take place in a morning or afternoon.
5.2 All Goods are offered subject to availability. You will be advised of any delay in delivery and/or installation times where applicable or if your Goods are not available. If your order cannot be fulfilled, we will give you a full refund.
5.3 We quote the nominal sizes for the products we sell. These sizes are approximate and small variations may occur.
All carpets and vinyls are cut and sold to the nearest 10cm in length with a minimum order length of 30cm. The actual width of a carpet or vinyl roll may vary within a tolerance of plus or minus 1.25% in accordance with British Standard BS3655. This can mean a difference of 5cm on a 4 metre wide roll. If your room is close to the nominal standard width of a carpet roll (usually 4 metres or 5 metres) extra material may be necessary in case a join is required.
5.4 All Hardwood products have been calculated with a 6.5% wastage excess to allow for any unexpected cuttings and replacements.
5.5 If your Goods are not delivered and/or installed where applicable as arranged or are damaged in transit or the wrong Goods are delivered, please notify our customer services team by e-mail or by telephone within 7 days of the date of delivery.
7 RETURNS POLICY
6.1 If for any reason you wish to cancel your order for Goods which are standard Goods within 7 working days after the delivery date, please notify our customer service department by email or by facsimile and we will arrange for the collection of any goods that are required to be returned.
6.2 Except in the case of faulty or damaged Goods, this right to cancel does not apply to Goods made to your specification or which are personalised to your requirements. This includes carpets and curtains that we have made in accordance with your measurements or have fitted.
Product Guarantee
6.3 If Goods are faulty or damaged then at your option we will repair or replace Goods where possible or refund your money or issue a credit note. The time limit for making claims for faulty Goods is 12 months from the date of delivery unless the fault could not have been discovered on you undertaking a reasonable inspection of the Goods within this time period, in which case you will have 14 days from discovery of the fault.
6.4 All Goods to be returned must be packaged securely, together with the delivery note sent with the Goods.
6.5 On return of Goods under this Clause 7, we shall refund all sums paid by you.
6.6 We warrant to you that we will perform the services, including providing and fitting carpets and curtains made-to-order, with reasonable care and skill and in accordance with any description of the services provided by us.
6.7 If we fail to perform the services in accordance with clause 7.6, we will re-perform the services (or, where relevant, the part that does not conform).
6.7.8 The services shall be provided only at the address provided by you when placing your order. Where we provide any timescales for the performance of any services, such timescales are given as estimates only and accordingly no liability shall accrue to us in the event that any such timescales are not met.
6.9 Except where otherwise agreed by us in writing, the services shall only be provided during the hours between 9:00am and 5:00pm each day excluding Saturdays and Sundays and English public holidays.
6.10 You shall provide us and those sub-contractors or agents whom we may use to supply the goods or services with full and safe access to the area where the services are to be provided.
6.11 As a Consumer, there are certain terms implied into your agreement with us, which we cannot exclude or limit. For example, under the Sale of Goods Act 1979 (as amended) we must ensure that the Goods are of satisfactory quality. Nothing in these Terms and Conditions affect these statutory rights.
7 LIMITATION OF LIABILITY
7.1 We shall accept liability to you for any loss of or damage to any property or injury to or death of person caused by any negligent act or omission or wilful misconduct of us, our employees, agents or sub-contractors.
7.2 Except for the type of liability referred to at clause 8.1 and except for any other matters for which our liability may not by law be restricted or excluded, our total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with these Terms and Conditions shall not, in cases relating to the supply or non-supply of Goods or services, exceed the total sums paid or payable by you in respect of those Goods or services.
7.3 Notwithstanding anything else contained in these Terms and Conditions (and without limiting our liability in respect of injury to or death of any person caused by any negligent act or omission or wilful misconduct of us, its employees or sub-contractors), we shall not be liable to you for:
7.3.1 any losses which are not foreseeable by both parties when the order is placed arising in connection with the supply of Goods or services or the use of the Goods by you;
7.3.2 any losses which are not caused by any breach by us;
7.3.3 business or trade losses.
7.4 We shall not be liable to you for any loss arising out of any failure by you to comply with your obligations under these Terms and Conditions.
7.5 If a number of defaults give rise to substantially the same loss then they shall be regarded as the same default for the purpose of calculating our maximum liability pursuant to clause 8.2.
7.6 Nothing in this clause 8 shall confer any right or remedy upon you to which you would not otherwise be legally entitled.
8 AFTER-SALES SERVICE
8.1 We provide an after-sales service for all customers. Please telephone our customer services team on 01789 767 075 if you require any advice or assistance in relation to the Goods.
90 COMPLAINTS
9.1 If you have any complaints about your Goods offered on this Web Site, we will be happy to hear from you. Please contact our customer services team at Unit 7, Springfield Business Park, Adams Way, Alcester, Warwickshire B49 6EY or on stanmore@vogue-london.com.
10 DATA PROTECTION
10.1 It is our policy to take all necessary steps to ensure that personal data that we hold about our customers is processed fairly and lawfully. We will take all necessary steps to implement this policy.
10.2 In order to process your order for Goods we shall require your name, address, address for delivery (if different) and e-mail address. We shall also require the information necessary for the payment by credit or debit card.
10.3 The information that you provide for this purpose will be used for the purpose of processing your order. We shall hold this information for up to 12 months from the date of your order. If you opt to become a registered user we will hold this information until you notify us that you no longer wish to be a registered user or 12 months from the date of your last order, whichever is the longer.
10.4 In addition, we would like to use your information to let you know about other goods, services and offers, which we have in place from time to time. You may opt out of this use of your information by ticking the box on the relevant order page.
10.5 We do not pass on personal details of our customers to third parties save for those employees, sub-contractors and agents whom we may use to deliver the Goods or supply the services.
11 FLOOR COVERING COLOUR/PATTERN MATCHING
11.1 Although we endeavour to supply Goods in accordance with our descriptions some minor differences may occur due to changes occurring naturally in certain Goods. These differences do not occur due to a default in the manufacture of Goods. We would bring your attention to the following matters that are characteristic to carpets and other floor coverings.
11.2 We will endeavour to colour match different widths but we will not be able to guarantee absolute matches. Side-by-side pattern matching cannot be guaranteed on any patterned tufted quality. Additional length shall be allocated to facilitate pattern matching.
11.3 Pile carpets, especially those with plain grounds, are liable to shading, where light and dark patches arise due to uneven surface pressure. Shading is a natural occurrence in carpets and will not affect its durability.
11.4 We would point out that light and delicately shaded carpets are prone to becoming soiled in everyday wear. This may give the carpet an appearance of losing its colour.
12 EX-DISPLAY FURNITURE
12.1 All Goods marked on the Web Site as ex-display are sold 'as seen' and subject to our comments on the Web Site. To the extent that there are defects with the Goods, you will be buying the Goods subject to those defects. You may only return the Goods to us if there are inherent defects that are not apparent on a reasonable inspection and which we have not drawn to your attention in our comments section in respect of the relevant ex-display Goods on the Web Site, in which case you will have 14 days from discovery of the fault to return the Goods.
13 DISCLAIMERS
13.1 We do not warrant that use of our Web Site is entirely free from the risk of viruses or other damaging components.
13.2 Where individual products are subject to additional warranties or guarantees given by their manufacturers, you are responsible for applying for the warranty in accordance with the manufacturer's instructions. Such warranties are not enforceable against us, but only enforceable against the manufacturer.
13.3 This does not affect your statutory rights with respect to Goods purchased from us.
14 DELAY OR FAILURE TO PERFORM
14.1 We shall not be liable to you if we are prevented or delayed in the performing of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
15 GENERAL
15.1 These terms and conditions are subject to English Law and to the exclusive jurisdiction of the English courts.
15.2 We may freely assign, sub-contract or otherwise transfer in whole or in part the order PROVIDED THAT the quality of Goods and/or services supplied to you is not affected. You may not however do so without our written agreement.
15.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
15.4 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded so that no third party may claim any rights under these Terms and Conditions.
16 SUPPLIER DETAILS
16.1 Our full name is the Vogue Interiors partnership trading as Vogue London and we are based at Unit 7, Springfield Business Park, Adams Way, Alcester, Warwickshire B49 6EY.
16.2 Our customer services team can be contacted by e-mail on stanmore@vogue-london.com, or by telephone on 01789 767 075 or by facsimile on 01789 765 887.
1 DEFINITIONS
1.1 "Consumer" means any person who is purchasing outside the course of his or her business or trade.
2.1 This Web Site is only intended to be used and accessed in the UK. We cannot accept any orders from outside the UK.
3 PLACING AN ORDER
3.1 On placing an order, you warrant to us that you are a Consumer.
3.2 The Goods displayed and information about Goods and prices on our Web Site are an invitation to you to offer to buy.
3.3 An order is placed when you complete the checkout process on our order form.
3.4 We shall acknowledge receipt of your order with either an e-mail or a telephone confirmation.
3.5 The order shall be accepted by us when you receive our e-mail or telephone acknowledgement. The date and time of the order shall be the date and time at which you first have access to the confirmation message.
3.6 If you receive confirmation of an order that you did not place, or if the details in the confirmation do not match the order which you placed or intended to place, you must contact our customer services team as soon as is reasonably practicable by telephone or e-mail to cancel the order or correct the details.
4 PRICE AND PAYMENT METHODS
4.1 All prices are in pounds sterling (unless otherwise stated). Payment must be made in pounds sterling.
4.2 Payment by card is subject to authorisation by the card issuer. If such authorisation is refused to us, we will not be liable for any delay or non-delivery.
4.3 Payment will be required as to 100% of the price when the order is placed by you.
4.4 The price of our Goods may be increased or decreased from time to time and there may be a delay in amending the prices on the Web Site. If this happens we will check with you to see if you wish to receive the Goods at this increased price.
4.5 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
4.6 All prices are inclusive of VAT, delivery costs and fitting.
4.7 You will receive an invoice within seven working days of delivery of your order.
4.8 If you fail to make the payment at the time or within the period prescribed by these Terms and Conditions, then without prejudice to any other right or remedy available, we may at our sole discretion:-
4.8.1 suspend the performance of any or all of our obligations under the order; and/or
5 DELIVERY
5.1 We will do our best to supply the Goods ordered by you, and will give a commitment to deliver on a set date. We will telephone you to confirm whether delivery and/or installation where applicable will take place in a morning or afternoon.
5.2 All Goods are offered subject to availability. You will be advised of any delay in delivery and/or installation times where applicable or if your Goods are not available. If your order cannot be fulfilled, we will give you a full refund.
5.3 We quote the nominal sizes for the products we sell. These sizes are approximate and small variations may occur.
All carpets and vinyls are cut and sold to the nearest 10cm in length with a minimum order length of 30cm. The actual width of a carpet or vinyl roll may vary within a tolerance of plus or minus 1.25% in accordance with British Standard BS3655. This can mean a difference of 5cm on a 4 metre wide roll. If your room is close to the nominal standard width of a carpet roll (usually 4 metres or 5 metres) extra material may be necessary in case a join is required.
5.4 All Hardwood products have been calculated with a 6.5% wastage excess to allow for any unexpected cuttings and replacements.
5.5 If your Goods are not delivered and/or installed where applicable as arranged or are damaged in transit or the wrong Goods are delivered, please notify our customer services team by e-mail or by telephone within 7 days of the date of delivery.
7 RETURNS POLICY
6.1 If for any reason you wish to cancel your order for Goods which are standard Goods within 7 working days after the delivery date, please notify our customer service department by email or by facsimile and we will arrange for the collection of any goods that are required to be returned.
6.2 Except in the case of faulty or damaged Goods, this right to cancel does not apply to Goods made to your specification or which are personalised to your requirements. This includes carpets and curtains that we have made in accordance with your measurements or have fitted.
Product Guarantee
6.3 If Goods are faulty or damaged then at your option we will repair or replace Goods where possible or refund your money or issue a credit note. The time limit for making claims for faulty Goods is 12 months from the date of delivery unless the fault could not have been discovered on you undertaking a reasonable inspection of the Goods within this time period, in which case you will have 14 days from discovery of the fault.
6.4 All Goods to be returned must be packaged securely, together with the delivery note sent with the Goods.
6.5 On return of Goods under this Clause 7, we shall refund all sums paid by you.
6.6 We warrant to you that we will perform the services, including providing and fitting carpets and curtains made-to-order, with reasonable care and skill and in accordance with any description of the services provided by us.
6.7 If we fail to perform the services in accordance with clause 7.6, we will re-perform the services (or, where relevant, the part that does not conform).
6.7.8 The services shall be provided only at the address provided by you when placing your order. Where we provide any timescales for the performance of any services, such timescales are given as estimates only and accordingly no liability shall accrue to us in the event that any such timescales are not met.
6.9 Except where otherwise agreed by us in writing, the services shall only be provided during the hours between 9:00am and 5:00pm each day excluding Saturdays and Sundays and English public holidays.
6.10 You shall provide us and those sub-contractors or agents whom we may use to supply the goods or services with full and safe access to the area where the services are to be provided.
6.11 As a Consumer, there are certain terms implied into your agreement with us, which we cannot exclude or limit. For example, under the Sale of Goods Act 1979 (as amended) we must ensure that the Goods are of satisfactory quality. Nothing in these Terms and Conditions affect these statutory rights.
7 LIMITATION OF LIABILITY
7.1 We shall accept liability to you for any loss of or damage to any property or injury to or death of person caused by any negligent act or omission or wilful misconduct of us, our employees, agents or sub-contractors.
7.2 Except for the type of liability referred to at clause 8.1 and except for any other matters for which our liability may not by law be restricted or excluded, our total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with these Terms and Conditions shall not, in cases relating to the supply or non-supply of Goods or services, exceed the total sums paid or payable by you in respect of those Goods or services.
7.3 Notwithstanding anything else contained in these Terms and Conditions (and without limiting our liability in respect of injury to or death of any person caused by any negligent act or omission or wilful misconduct of us, its employees or sub-contractors), we shall not be liable to you for:
7.3.1 any losses which are not foreseeable by both parties when the order is placed arising in connection with the supply of Goods or services or the use of the Goods by you;
7.3.2 any losses which are not caused by any breach by us;
7.3.3 business or trade losses.
7.4 We shall not be liable to you for any loss arising out of any failure by you to comply with your obligations under these Terms and Conditions.
7.5 If a number of defaults give rise to substantially the same loss then they shall be regarded as the same default for the purpose of calculating our maximum liability pursuant to clause 8.2.
7.6 Nothing in this clause 8 shall confer any right or remedy upon you to which you would not otherwise be legally entitled.
8 AFTER-SALES SERVICE
8.1 We provide an after-sales service for all customers. Please telephone our customer services team on 01789 767 075 if you require any advice or assistance in relation to the Goods.
90 COMPLAINTS
9.1 If you have any complaints about your Goods offered on this Web Site, we will be happy to hear from you. Please contact our customer services team at Unit 7, Springfield Business Park, Adams Way, Alcester, Warwickshire B49 6EY or on stanmore@vogue-london.com.
10 DATA PROTECTION
10.1 It is our policy to take all necessary steps to ensure that personal data that we hold about our customers is processed fairly and lawfully. We will take all necessary steps to implement this policy.
10.2 In order to process your order for Goods we shall require your name, address, address for delivery (if different) and e-mail address. We shall also require the information necessary for the payment by credit or debit card.
10.3 The information that you provide for this purpose will be used for the purpose of processing your order. We shall hold this information for up to 12 months from the date of your order. If you opt to become a registered user we will hold this information until you notify us that you no longer wish to be a registered user or 12 months from the date of your last order, whichever is the longer.
10.4 In addition, we would like to use your information to let you know about other goods, services and offers, which we have in place from time to time. You may opt out of this use of your information by ticking the box on the relevant order page.
10.5 We do not pass on personal details of our customers to third parties save for those employees, sub-contractors and agents whom we may use to deliver the Goods or supply the services.
11 FLOOR COVERING COLOUR/PATTERN MATCHING
11.1 Although we endeavour to supply Goods in accordance with our descriptions some minor differences may occur due to changes occurring naturally in certain Goods. These differences do not occur due to a default in the manufacture of Goods. We would bring your attention to the following matters that are characteristic to carpets and other floor coverings.
11.2 We will endeavour to colour match different widths but we will not be able to guarantee absolute matches. Side-by-side pattern matching cannot be guaranteed on any patterned tufted quality. Additional length shall be allocated to facilitate pattern matching.
11.3 Pile carpets, especially those with plain grounds, are liable to shading, where light and dark patches arise due to uneven surface pressure. Shading is a natural occurrence in carpets and will not affect its durability.
11.4 We would point out that light and delicately shaded carpets are prone to becoming soiled in everyday wear. This may give the carpet an appearance of losing its colour.
12 EX-DISPLAY FURNITURE
12.1 All Goods marked on the Web Site as ex-display are sold 'as seen' and subject to our comments on the Web Site. To the extent that there are defects with the Goods, you will be buying the Goods subject to those defects. You may only return the Goods to us if there are inherent defects that are not apparent on a reasonable inspection and which we have not drawn to your attention in our comments section in respect of the relevant ex-display Goods on the Web Site, in which case you will have 14 days from discovery of the fault to return the Goods.
13 DISCLAIMERS
13.1 We do not warrant that use of our Web Site is entirely free from the risk of viruses or other damaging components.
13.2 Where individual products are subject to additional warranties or guarantees given by their manufacturers, you are responsible for applying for the warranty in accordance with the manufacturer's instructions. Such warranties are not enforceable against us, but only enforceable against the manufacturer.
13.3 This does not affect your statutory rights with respect to Goods purchased from us.
14 DELAY OR FAILURE TO PERFORM
14.1 We shall not be liable to you if we are prevented or delayed in the performing of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
15 GENERAL
15.1 These terms and conditions are subject to English Law and to the exclusive jurisdiction of the English courts.
15.2 We may freely assign, sub-contract or otherwise transfer in whole or in part the order PROVIDED THAT the quality of Goods and/or services supplied to you is not affected. You may not however do so without our written agreement.
15.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
15.4 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded so that no third party may claim any rights under these Terms and Conditions.
16 SUPPLIER DETAILS
16.1 Our full name is the Vogue Interiors partnership trading as Vogue London and we are based at Unit 7, Springfield Business Park, Adams Way, Alcester, Warwickshire B49 6EY.
16.2 Our customer services team can be contacted by e-mail on stanmore@vogue-london.com, or by telephone on 01789 767 075 or by facsimile on 01789 765 887.
