TERMS & CONDITIONS
TERMS AND CONDITIONS.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are ITALIA DOMUS LIMITED a company registered in England and Wales. Our company registration number is 11981178 and our registered office is Ibc Rex House, 4-12 Regent Street, St. James's, London, England, SW1Y 4PE 2.2 How to contact us. You can contact us by telephoning our customer service team at +44 207 637 7792 or by writing to us at email@example.com. 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing at the email address or postal address you provided to us 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product and you sign the Order Form and accept these Terms and Conditions, at which point a contract will come into existence between you and us (“the Contract”). 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are made to order, all sizes, weights, capacities, dimensions and measurements indicated on our website and/or in our catalogue have a 5% tolerance.
4.2 Making sure your measurements are accurate. If we are making the product to the specification and/or measurements you have given us you are responsible for ensuring that these specification and/or measurements are correct. When we accept your order we will prepare drawings of the products reflecting the measurements and/or specifications you have given to us. You will be asked to review the drawings and to verify their conformity with the details you have provided to us.
4.3 To the extent that the products are to be manufactured in accordance with a specification and/or measurements supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit ,loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the use of the specification and/or measurements. This clause 4.3 shall survive termination of the Contract.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible and we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes shall not affect your use of the product. 6.2 More significant changes to the product and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to the product, but if we do so we will notify you and you may then contact us to end the Contract and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS
7.1 Delivery and installation costs. All products are delivered to the kerbside of the delivery address unless you have been quoted for an inside delivery or delivery with installation. The costs of delivery and installation will be as told to you during the order process / set out in our current pricelist. 7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you and install them. We will contact you with an estimated delivery and installation time. Please note that any dates and time quoted for delivery at the time you place your order with us are approximate only. We will contact you closer to the estimated delivery time to arrange a precise delivery time of your products.
7.3 We are not responsible for delays outside our control. If our delivery or installation of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, providing that the products are not made to measure for you. 7.4 We may sub-contract our obligations for the delivery service and/or installation to transport service and/or installation providers of our choice, but we will nevertheless remain responsible for the performance of the delivery and installation service to you.
7.5 We reserve the right to change the terms pertaining to delivery and installation at any time. Any changes to such terms will be effective for all new deliveries placed after the change is published on our website. You should check the terms posted on our website before each new order -they may have changed since your last visit.
7.6 Location of deliveries. We will deliver to the delivery address specified for delivery. The location must be accessible by road.
7.7 Delivery will take place at the delivery address specified by you either during the online order process (if you ordered online) or when you completed the Order Form (if you ordered in store). We ask you to provide us with two telephone numbers and an email address so we can contact you easily and advise you of your delivery time.
7.8 You are solely responsible for ensuring that we are able to make delivery to the delivery address and that you are available to accept delivery at this address on the delivery date. Please try to inform us as soon as possible if you know that you are not going to be in to accept delivery. We shall not be liable in respect of any delay in delivery as a result of any act or omission by you.
7.9 If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be an adult capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own. Delivery teams are not permitted to leave any items that have not been signed for.
7.10 On delivery, you will be asked to examine the goods, check the condition of the packaging and whether the correct number of packages have been delivered. You will be asked to sign the delivery document confirming that the delivery has taken place, the number of items delivered, that delivery of the goods has not caused any damage to your property, that items are delivered “free of visible damage” and that you are happy with the service you have received. If there is obvious damage or items are missing or incorrect, you should record this on the delivery document. Missing items will be re-ordered and damaged/incorrect items will be returned and replaced and delivered free of charge. This will not affect your legal right to notify us at a later date if you subsequently find a defect in your goods. You must let us know about any damaged, missing and/or incorrect goods within 48 hours after you have had an opportunity to inspect the goods. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
7.11 Please check the measurements of the products you are buying to make sure there is enough space at the delivery address for delivery to take place and that once the product is built, it will fit into your room. Prior to the delivery, you must ensure that there is sufficient access and space to complete the delivery and that all staircases and lifts providing access are suitable for the delivery. You must ensure that your property and the delivery area are safe for the delivery team. All fragile items which could be damaged during the delivery, such as lights, vases, pictures etc, should be moved.
7.12 To ensure the smooth delivery of your order , you must give us as much detail as possible in advance about particular features of the delivery address which may affect the delivery e.g. Will there be time to unload / load? Do you live on a red route? Are there any height, width or weight restrictions? Are there any parking restrictions? Will the vehicle require a parking permit? Are there any time restrictions? Will delivery be atnon-ground floor level? Is access to the delivery location made difficult due to narrow doors or staircases?
7.13 Every effort will be made to deliver items to your room of choice, provided it is safe and practical to do so. However, if this is an upstairs room and the delivery team deems it unsafe to carry the items upstairs then an alternative room will be agreed with you. If the delivery team reasonably considers that delivery to the room of your choice is likely to cause damage to the goods or to your property, they will inform you and record the concern on the delivery document. You may accept delivery in spite of such concern but we will not be liable for any damage caused to the goods or your property as a consequence of us attempting delivery on your instructions, (provided that reasonable care is taken in delivering the goods).
7.14 The delivery team will carry out a risk assessment before moving any products and assess the health and safety risks on a case by case basis. The delivery team will not move any products other than those agreed and documented in the delivery confirmation and shall not move any products where to do so is deemed to constitute a safety risk following the risk assessment.
7.15 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from us.
7.16 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
7.17 If you do not allow us access to install. If you have asked us to install the products for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
7.18 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.19 When you own the products. You own the products once we have received payment in full and the item has been delivered to the address specified by you during the order process.
7.20 What will happen if you do not give required information to us We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website and/or on the Order Form you have been asked to fill in and sign. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1 ) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.21 We may suspend supply of the products if you do not pay If you do not pay us for the products when you are supposed to (see clause 11.4 )and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6 ). As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5 change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the Contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the Contract for supply of a product before it has been delivered, installed and paid for providing it is not a product made to order according to the specification and measurements provided by you. You may contact us to end your contract for any product other than a product made to order at any time before we have delivered and installed it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10 ,"If there is a problem with the products").
8.2 What happens if you have good reason for ending the contract. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2 );
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 What happens if you end the contract without a good reason. If you are not ending the Contract for one of the reasons set out in clause 8.2 ,then the Contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund(or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) bespoke items made to measure;
(b) ex-display items;
(c) faulty items sold as seen;
(d) services, once these have been completed, even if the cancellation period is still running;
(e) any products which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered .If you have bought goods (for example, TV UNIT), providing the goods are not made to order in accordance with the specification and measurements that you have provided, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In such case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.7 Ending the Contract where we are not at fault and there is no right to change your mind. Providing the Contract is not for goods made to order according to the specification and measurements that you have provided to us, even if we are not at fault and you do not have a right to change your mind (see clause 8.5), you can still end the Contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. The amount of compensation will depend on the type of the product and the date on which you end the contract and will represent the net costs we incurred as a result of your ending the contract. The exact figure of the compensation will be calculated by us within 5 working days from the date on which you give us notice to end the Contract. For avoidance of doubt, if you change your mind about a product made to measure for you, you will not be entitled to a refund of any money already paid to us for the product in question.
8.8 How to end the Contract with us. To end the Contract with us, please let us know by doing one of the following: (a) Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.9 Returning products after ending the Contract. If you end the Contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the Contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the Contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
8.10 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
8.11 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.12 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.13 When your refund will be made . We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) If the products are goods already delivered to you and we have not offered to collect them, your refund will be made within 14 day sfrom the day on which we receive the product back from you. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the Contract if you break it. We may end the Contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products,.
(c) you do not, within a reasonable time, allow us to deliver the products to you and install them or collect them from us.
9.2 You must compensate us if you break the contract. If we end the Contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know within 14 days from your order if this is the case and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team Monday to Friday between 10am and 6pm at +44 207 637 7792 or write to us at email@example.com Alternatively, please speak to one of our staff in-store.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund. · up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in our price list and/or on our website, we will contact you for your instructions before we accept your order. If we accept and process your order here a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may terminate the Contract, refund you any sums you have paid and require you to return the product at our expense.
11.4 When you must pay and how you must pay. We accept payment with any Bank’s Credit Card, Debit Card, by a Bank Transfer and by apayment via PayPal. You must pay for the products (including delivery and installation costs) 10 days before we dispatch them. All orders worthless than £1000 must be paid for at the time of the order. All orders made on-line must be paid in full at the time when they are made.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but, except as set out in clause 12.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial ,business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of businessopportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will use the personal information you provide to us: (a) to supply the products to you; (b) to process your payment for the products; and (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
13.2 We will only give your personal information to other third parties where the law either requires or allows us to do so
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 14.3 Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.