Duke Furniture Limited Consumer Terms and Conditions

Please note these terms do not apply to business customers.

NOTICE OF RIGHT TO CANCEL

CANCELLATION RIGHTS ARE SET OUT AT CLAUSE 13:

You have a right to cancel the contract if you wish in accordance with the attached Terms and Conditions

You can exercise that right by delivering, or sending (including by electronic mail) a cancellation notice to us at any time within the period of 7 calendar days starting with the day of receipt of this notice of the right to cancel the contract. A form of notice is attached to the Terms and Conditions for your use if you so wish.

The cancellation notice must be sent for the attention of James Deakin at Duke Furniture Limited of Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ or by email to info@dukefurniture.co.uk

A statement that notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent to Us.

In the case of any made-to-measure or custom-made products or products made to your specification or clearly personalised if you agree in writing (including email) for the Contract to start before the expiry of the 7 day period you will still have the right to cancel within that period but we will be entitled to charge for our reasonable costs incurred in carrying out the contract following such agreement up to the date of cancellation.

1.DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

(a) Event Outside Our Control: is defined in clause 12.2;

(b) Goods: the goods that We are selling to you as set out in the Order, including where applicable Products;

(c) Order: your order for the Goods and/or Services as set out overleaf;

(d) Product: the product created for you as a result of the Services, as set out in the Order;

(e) Services: the services that We are providing to you as set out in the Order which shall include installation services;

(f) Terms: the terms and conditions set out in this document; and

(g) We/Our/Us: Duke Furniture Limited whose registered office is at Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

1.3 Please note that almost all of our Goods/Products are Made-to-Measure and therefore your attention is drawn to clause 4.

2.OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods and/or Services, We will inform you of this in writing and We will not process the Order.

2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order or We contact you that We are able to provide you with the Services or the Goods, which We will also confirm in writing to you, at which point a contract will come into existence between you and Us.

2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.

2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

2.7 The images of the Goods on Our website or in Our catalogue or brochure or on our design visuals and sketches or as part of quotations provided are for illustrative purposes only. Although We have made every effort to display the colours and description accurately, We cannot guarantee that your or our computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our website in Our catalogue or brochure or on our design visuals and sketches or as part of quotations provided may have a tolerance. In particular please note that where timber / veneer / veneered laminate is used it is a natural product. As with any timber based product the grain and colour can vary slightly from item to item dependant upon the log number and section of log used.

3.CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how We accept payment from you; and

(b) changes in relevant laws and regulatory requirements.

3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13.

4.MADE-TO-MEASURE GOODS

4.1 Goods are manufactured according to the specifications supplied by and agreed with you which would include (but not limited to) measurements, dimensions and materials.

4.2 Please make sure any measurements you supply are correct and accurate and that you are satisfied with all dimensions and materials. Unfortunately, We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements, information or specification. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.

4.3 When an Order is placed we will then arrange a visit with you where you will be provided with manufacture drawings for you to approve and sign off. These drawings are based on the specifications supplied by or agreed with you and they must be checked by you carefully. We cannot accept the return of made-to-measure Goods if the reason for the return is because you have changed your mind in respect of any such specifications. If there is time to change a specification of an Order in our absolute discretion, and depending on the circumstances, we may do so and will notify you of all additional charges.

4.4 At the visit referred to at clause 4.3 the final agreed specification will supersede any previous specification in any quotation.

4.5 This clause does not affect your cancellation rights set out at clause 13.

4.6 To the extent that the Goods are to be manufactured in accordance with a specification supplied by you, you agree to reimburse 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 reasonable professional costs and expenses) suffered or incurred 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 Our use of the specification. This clause 4.6 shall survive termination of your agreement with us..

5.DELIVERY OF GOODS

5.1 Please note that timescales for delivery and/or installation and delivery and installation charges will vary depending on the availability of the Goods and / or Services and your address.

5.2 We will contact you with an estimated delivery and/ or installation date. Occasionally Our delivery and installation to you may be affected by an Event Outside Our Control. See clause 12 for Our responsibilities when this happens.

5.3 Delivery and installation of an Order shall be completed when We deliver and install the Goods to the address you gave Us.

5.4 If no one is available at your address to take delivery, We will leave you a note or email you to confirm that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery and / or installation which will incur an additional delivery charge and We shall store the Goods until delivery takes place, and we reserve the right to charge you for all reasonably incurred related costs and expenses (including insurance). However, if 21 working days after the We have notified you that the Goods were ready for delivery you have not accepted delivery of them, We reserve the right to resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Goods and or Services or charge you for any shortfall below the price of the Goods and / or Services .

5.5 If We are not able to deliver and install the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver and install the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver and install the Order in instalments, We may charge you extra delivery and installation costs. Each instalment shall constitute a separate contract governed by these Terms and the balance due in respect of that instalment shall be payable on completion of delivery and / or installation of that instalment. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

5.6 The Goods will be your responsibility from the completion of delivery and installation.

5.7 You own the Goods once We have received payment in full.

5.8 It is your responsibility to ensure that the delivery and installation site and areas within the delivery site are clear, tidy and are ready to enable delivery to take place and the Services to be completed. This includes any decoration works being complete, clear access to site, functional room lighting available and no other tradesmen being in the area in which the Goods are to be installed / Services to be carried out at the same time as Us.

5.9 We strongly advise that Goods / Products are stored and installed into rooms with controlled room temperature of 18 degrees Celsius or above and that they are in a water tight property with no damp issues. If these conditions are not met, We cannot be held responsible for any material expansion or damp within after installation is completed.

5.10 Any snagging of the Goods delivered and installed is to be conducted by you before completion of the installation whilst you and US are both on site and present. A snagging list shall be signed by both you and Us.

6. IF THE GOODS ARE FAULTY

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7.SELLER'S GUARANTEE OF GOODS

7.1 We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 7.2.

7.2 This guarantee does not apply to any defect in the Goods arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Goods in accordance with the user instructions or our recommendations;

(d) any works, alteration or repair by you or by a third party who is not one of Our authorised repairers or installers;

(e) a breach of these Terms and Conditions; and

(f) any specification provided by you or authorised by you under clause 4.3 or otherwise.

7.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8.PROVIDING SERVICES

8.1 We will commence the Services to you from the expiry of the cancellation period set out in clause 13.2 or from the date on which we received notice from you under clause 13.6 until the estimated completion date set out in the Order. However please note that standard lead time for Us to provide the Services is 8 full working weeks. These times only begin once an Order has been placed in writing and signed by You together with a cleared 50% deposit payment being paid and subject to all raw materials being available. Lead times may be affected by public holidays in England.

8.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.

8.3 We will need certain information and cooperation from you that is necessary for Us to provide the Services, for example, delivery details, access to site and specifications. We will contact you about this and arrange a meeting. If you do not, after being asked by Us, provide Us with this information or cooperation, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 8.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.

8.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices We have already sent you.

8.5 If you do not pay Us for the Services when you are supposed to as set out in clause 10, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 10.7). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 10.6.

8.6 If We design the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you. You will therefore not be permitted to retain copies of our designs or pass them on to third parties.

8.7 You will keep all price information relating to any quotation or Order confidential.

9.IF THERE IS A PROBLEM WITH THE SERVICES

9.1 In the unlikely event that there is any defect with the Services or Product:

(a) please contact Us and tell Us as soon as reasonably possible;

(b) please give Us a reasonable opportunity to repair or fix any defect; and You will not have to pay for Us to repair or fix a defect with the Services

9.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

10.PRICE AND PAYMENT

10.1 The price of the Goods and/or the Services will be set out in Our quotation. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you. Quotations are valid for 30 calendar days and the prices for the Goods, Services, delivery and installation are based on one complete Order. If you then wish to change the contents of the quotation a revised price will be supplied in a new quotation.

10.2 These prices are plus VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.

10.3 The prices for the Goods and / or Services exclude delivery costs, which will be added to the total amount due.

10.4 Where We are providing Goods to you, you must make payment for Goods and / or Services in advance by direct bank transfer to our account as shown on the invoice. We do not accept payment by credit or debit card or cheque.

10.5 We will invoice you in advance for the Goods and / or Services on acceptance of your Order. We will ask you to make an advance payment of 50% of the invoice price of the Goods and / or Services at the date of the invoice plus VAT. Subject to clause 5.5 we will require payment of the balance due s on the day We have completed the Services / supplied the Goods. You must pay each invoice in cleared monies by direct online bank payment. Your rights to a refund on cancellation are set out in clause 13

10.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

10.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 10.6 will not apply for the period of the dispute.

11.OUR LIABILITY TO YOU

11.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.

11.2 If We are installing the Goods or Product and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us or which has arisen as a result of acts by third parties.

11.3 We are only supplying the Goods and/or Services or Products to you for domestic and private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

12.EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control means any act or event beyond Our reasonable control or that of any of our, manufactures, suppliers, including without limitation strikes, unavailability of materials, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.

12.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 13.

13.YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

13.1 You have a legal right to cancel a contract under the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 during the period set out below in clause 13.2. This means during the relevant period if you change your mind or for any other reason you decide you do not want to proceed with the Order, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

13.2 Your legal right to cancel a Contract starts from the date of the Order, which is when the Contract between us is formed and the day you sign Our sales invoice. You have a period of 7 (seven) calendar days in which you may cancel. Once that time period has expired we cannot accept any cancellations of your Order. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to info@dukefurniture.co.uk or by sending a letter to Duke Furniture Limited of Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ. A form of cancellation notice is attached at the end of these Terms for you to use if you so wish. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

13.3 You will receive a full refund of any monies you have paid for the Goods/Services /Products in advance. We will process refunds due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation or following an event under clause 13.7. .

13.4 We refund you to the account used by you to pay.

13.5 In the case of any made-to-measure or custom-made products or products made to your specification or clearly personalised if you agree in writing (including email) for the Contract to start before the expiry of the period set out in clause 13.2 you will still have the right to cancel within that period but we will be entitled to charge for our reasonable costs incurred in carrying out the contract following such agreement up to the date of cancellation.

13.6 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

(a) We break this contract in any material way and We do not correct or fix the situation within 28 days of you asking Us to in writing;

(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;

(c) We change these Terms under clause 3.1 to your material disadvantage;

(d) We are affected by an Event Outside Our Control that is not resolved within 28 calendar days.

13.7 As a consumer, you will always have legal rights in relation to Goods/ Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

14.OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

14.1 If We have to cancel an Order for Goods (including made-to-measure Goods) and/or Services before the Services start or the Goods are delivered:

(a) We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

(b) If We have to cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.

(c) Where We have already started work on your Order for Services or made-to-measure Goods by the time We have to cancel under clause 14.1(a), We will not charge you anything and you will not have to make any payment to Us.

14.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

(a) you do not pay Us when you are supposed to as set out in clause 10. This does not affect Our right to charge you interest under clause 10.6; or

(b) you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of Us asking you to in writing.

15.INFORMATION ABOUT US AND HOW TO CONTACT US

15.1 We are a company registered in England and Wales. Our company registration number is 08270339 and Our registered office is at Venture Point, Towers Business Park, Rugeley, Staffordshire, WS15 1UZ. Our registered VAT number is 144773594

15.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01543 253006 or by e-mailing Us at info@dukefurniture.co.uk.

15.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Duke Furniture Limited at info@dukefurniture.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

16.HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 We will use the personal information you provide to Us to:

(a) provide the Goods and/or Services;

(b) process your payment for such Goods and/or Services;

(c) enable our suppliers to assist with your Order; and

(d) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

16.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

16.3 We will not give your personal data to any other third party.

17.MATERIALS

Duke Furniture Ltd recommends all Goods be cleaned following cleaning instructions supplied by Us with delivery.

18.OTHER IMPORTANT TERMS

18.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

18.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

18.3 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.

18.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

18.5 The risk in the Goods shall pass to you upon delivery and installation. However, notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to you until We have received in cleared funds payment in full for all Goods and or Services rendered and delivered to You under this contracts. Payment of the full price of the Goods and or Services shall include the amount of any interest or other sum payable under these terms.

18.6 If We keep and maintain any materials, equipment, documents and other property of at Your premises you will ensure that they are kept safe and in good condition until returned to Us, and not dispose of or use such materials

18.7 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.