Backchairs Direct Limited Terms & Conditions for the Sale of Goods
1.1 'Buyer' means the person, firm or Company who agrees to buy or buys the goods from the Seller.
1.2 'Seller' means Backchairs Direct Limited. Company No. 4720214 Registered Office: Henwood House, Henwood, Ashford, Kent TN24 8DH
1.3 'Goods' means the goods that the Buyer agrees to purchase from the Seller.
1.4 'Price' means the price for the goods excluding carriage, packing, insurance and VAT.
1.5 'Delivery Date' means the date set out overleaf when the goods are to be delivered by the Seller to the buyer.
1.6 'Conditions' means the terms and conditions of sale set out in this document and any other terms and conditions set out overleaf.
2. TERMS AND CONDITIONS
2.1 The terms and conditions set out in this document shall apply in respect of any sale of goods by the Seller to the Buyer and all other terms and conditions including any terms or conditions which the Buyer may attempt to apply under any confirmation or purchase order or similar document is and shall hereby be excluded.
2.2 A variation to these conditions shall not apply unless agreed to in writing by the Seller.
2.3 Any order for goods received by the Seller from the Buyer is and shall be deemed to be an offer by the Buyer to purchase goods only under these conditions.
2.4 Once the Buyer has accepted delivery of the goods, the same shall be conclusive evidence of the Buyer's acceptance of these terms and conditions.
3. THE GOODS
3.1 The amount and description of the goods shall be as set out in our online order confirmation or off line via our invoice.
3.2 The Seller may, at its discretion and when it considers it appropriate alter the specification of the goods provided that such alterations do not materially affect the quality or fitness for the purpose of the goods or such changes may be made by the manufacturer of the goods.
3.3 Any and all implied terms, conditions and warranties so far as the law may allow, relating to the quality and/or fitness for the purpose of the goods or any of the goods (whether made orally or in writing or in any of the Seller's brochures, catalogues or advertisements) are hereby excluded.
3.4 Where the Seller has been responsible for any of the specifications and designs in respect of any of the goods then the copyright, design right or other intellectual property in them, shall at all times remain the property of the Seller.
4. PAYMENT OF THE PRICE
4.1 The price shall be the price set out on our website plus VAT at the correct rate on the date hereof or as displayed on our website.
4.2 Payment of the Price and VAT shall be made as follows: -
Account Customers: Full payment on delivery Unless agreed otherwise in writing, Online Customers: Payment with order unless agreed otherwise in writing.
4.3 If the Buyer shall fail to make payment on the due date, then without prejudice to any of the Seller's other rights, the Seller may:
4.3.1. Cancel or cease deliveries of any other goods due to the Buyer and/or
4.3.2. Appropriate any other monies paid by the Buyer to the Seller (in respect of any other contract) to such of the goods (Or goods supplied under any other contract with the Buyer) as the Seller may in its discretion think fit.
4.4 If this invoice shall become overdue, interest shall accrue from the date when payment was due to be made on a day to day basis until the date of actual payment at a rate of 8.00% above Bank of England base rate (Compounded monthly) from time to time in force and shall continue to accrue at such rate after as well as before any judgement. Backchairs Direct Limited retains the right to apply administration fees not to exceed £30.00.
5.1 The Buyer shall make any arrangements that may be necessary to take delivery of the goods whenever they are tendered by the Seller for delivery. However, courier companies reserve the right to withhold door delivery if there is restricted access or lifts out of order. Re-delivery will incur delivery charges with a maximum of £65.00 Note: in the event that you arrange directly with the courier for the goods to be left unsigned for we accept no responsibility for damage or loss whatsoever.
5.2 The Seller shall not be liable for any loss or damage whatsoever whether due to failure by the Seller to deliver the goods (or any of them) on the Delivery Date or any.
5.3 Even if the Seller shall have delayed or failed to deliver the goods (or any of them) on the delivery date, the Buyer shall accept delivery and pay for the goods in full provided that delivery shall be tendered at any time before the Buyer shall have made time for delivery of the essence of the contract.
6. WARRANTIES AND LIABILITY
6.1 The Seller warrants that the goods will at the time of delivery correspond to the description given by the Seller. Any and all other conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute or common law or otherwise are excluded to the extent allowed by the law.
6.2 All goods offered by the seller have a 12 month guarantee against manufacturing defect. Manufacturers will only accept claims on their goods from the original purchaser against goods that have been used fairly and for their intended purpose. Chairs have many moving parts and fixings that can loosen over time therefore regular inspections are suggested to re-tighten these. . No claims will be accepted by the manufacturer against goods that have been modified or altered in any way. Claims should be made within 10 days of discovery of any defective part. The Seller will assist any buyer in the first 12 months service claims with the manufacturer, without obligation. Thereinafter all claims should be made directly with the manufacturer. The Seller will, upon request, provide details of any warranties, guarantees and manufacturers details.
7.1 The Buyer shall be deemed to have accepted the goods 14 days after delivery to the Buyer pursuant to clause 9.2. - Many of our chairs are trialled for a period prior to purchase, where the buyer has trialled or a chair has been specifically manufactured to a client's specifications the returns policy does not apply. Any buyer wishing to purchase multiple units is required to trial a chair in the first instance.
7.2 After having accepted the goods the Buyer shall not be entitled under any circumstances to reject the goods except if they are not in conformity with the contract.
7.3 If the Buyer shall properly reject any of the goods within the time stipulated in Clause 7.1 which are not in accordance with the contract, the Buyer shall return such goods at the Buyer's cost to the Seller before the date when payment of the price is due failing which the Buyer shall remain liable to the Seller for the full cost of the goods.
7.4 If you are not entirely satisfied with your purchase please contact our Support Team on 01732 459190 email@example.com. We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure.
If you remain unhappy with our final response, you may be entitled to refer your complaint to The Furniture Ombudsman and we are bound to follow any decision that they make. To find out more about The Furniture Ombudsman and how you might be able to use their dispute resolution service visit http://www.thefurnitureombudsman.org or telephone 0845 653 2064.
8. TITLE AND RISK
8.1 Title to the goods shall not pass from the Seller to the Buyer until the Seller shall have been paid the Price plus VAT in full together with any other sums which shall be due from the Buyer to the Seller under this contract or any other contract between the Buyer and the Seller.
8.2 Until title in the goods shall have passed to the Buyer the Buyer shall hold the goods and each and any of them as Bailee for the Seller and on a fiduciary basis only. The Buyer shall keep the goods properly marked and identifiable separate from all other goods in its possession.
8.3 The Seller shall notwithstanding that title may not have passed to the Buyer nevertheless are entitled to recover the price plus VAT from the Buyer.
8.4 The Buyer may sell or use the goods in the ordinary course of the Buyer's business at the purchase value for the account of the Seller notwithstanding the fact that they remain the property of the Seller. Any sale or dealing before title shall have passed to the Buyer shall be a sale by the Buyer with the Buyer dealing as principal when such sales or dealings are made. The Buyer shall keep the entire proceeds of sale or otherwise of the goods in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account of the Buyer until title shall have passed and shall be at all material times identified as the Seller's money.
8.5 The Buyer shall not charge by way of security or pledge for any indebtedness of the buyer any of the goods in respect of which title has not passed to the Seller. If the Buyer shall do so, all sums then owing by the Buyer to the Seller shall forthwith become due and payable without prejudice to any of the Seller's other rights and remedies.
8.6 The Buyer shall upon the request of the Seller deliver up such of the goods remaining in the possession of the Seller at any time before title shall have passed to the Buyer. If the Buyer shall fail to do so, the Seller may enter upon any premises owned occupied or controlled by the Buyer where the goods are situated and repossess the goods.
8.7 The Buyer shall insure and keep insured the goods for the full price in respect of all risks to the reasonable satisfaction of the Seller until such date that title in the goods shall have passed from the Seller to the Buyer and shall, when requested by the Seller to do so, produce a copy of such policy of insurance. If the Buyer shall fail to do so, any sum then due and owing by the Buyer to the seller, shall forthwith become due and payable.
8.8 Risk shall pass on delivery of the goods.
9.1 The Seller shall have no liability to the Buyer whatsoever in respect of any loss or expense (including loss or profit) whether direct or indirect suffered by the Buyer arising out of a breach by the Seller of this contract.
9.2 Within 14 days of delivery, the Buyer shall inspect the goods and notify the Seller of any alleged damage, defects, and failure to comply with the description or sample or shortness in quantity. The Buyer shall return them at their cost to the Seller forthwith following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions, the Buyer shall be deemed to have accepted the goods.
9.3 Any warranties and conditions which may be implied by statute or otherwise are to the extent allowed by the law excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a Buyer dealing as consumer.
9.4 To provide our customers with peace of mind and to demonstrate our commitment to responsible retailing, Backchairs Direct Ltd is a registered full member of The Furniture Ombudsman. The Furniture Ombudsman is an independent not-for-profit organisation which raises standards and is approved by the government to provide alternative dispute resolution services. We follow their Code of Practice which provides our customers with additional protection if things go wrong. To find out more about The Furniture Ombudsman and how to use their service, visit www.thefurnitureombudsman.org or telephone 0845 653 2064.
10. FORCE MAJEURE
10.1 Neither party shall be liable for any default due to any act of God, War, Strike, Lockout, Industrial action, Fire, Flood, Drought, Tempest or other event beyond the reasonable control of either party.
11.1 DISPUTES - Both parties agree in the first instance to seek remedy via a ruling from the Furniture Ombudsmans' Independent Conciliation service or the SafeBuy Mediation Service.
11.2 This contract is subject to the Law of England and Wales
11.3 All disputes arising out of this contract shall ultimately be subject to the jurisdiction of the Courts of England and Wales.
Guarantees - Any guarantees offered or implied are manufacturers guarantees. Backchairs Direct Limited will assist any client within the first 12 months following the purchase, service claims for repair with manufacturers without obligation. Details of guarantees and manufacturers can be obtained by emailing us at firstname.lastname@example.org. Manufacturers will only accept claims on their goods from the original purchaser, against goods that have not been modified or altered in any way by the buyer. Claims should be made within 10 days of discovery in writing or email to (Within the first 12 months) Backchairs Direct Limited or subsequently directly with the manufacturer. Note: The cost of returning the goods to the manufacturer is the purchasers cost until such time that it has been established that any damage/breakage is due to the manufacturing process, at which stage the purchaser will be refunded any courier costs or other pre-agreed transportation costs. It is agreed and understood that in the unlikely event of a dispute that cannot be resolved between the purchaser, the retailer and the manufacturer, the matter will be referred to the Furniture Ombudsman Conciliation Service and all parties will accept their findings.
Every effort has been made to supply accurate and up to date information on this site. However, Backchairs Direct Limited assumes no responsibility for its accuracy, adequacy or completeness of any information and is not responsible for any errors or omissions, or the results obtained from the use of such information.
If we have reproduced any material on this site, other than from persons who have authorised us to do so, it is not intended and you should contact us immediately. Backchairs Direct Limited shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use or access of or inability to use or access, interruption or availability of the website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use.
Delivery Schedule Online Ergonomic Chairs - Prices in the shop normally include delivery within the UK, unless otherwise stated. If an agreed delivery is refused or not completed due to a fault of the buyer any subsequent re-delivery attempts will be charged at a maximum of £65.00. Payment is required prior to the despatch of goods, unless agreed otherwise. Delivery can be 48 hours or several weeks. We will confirm the delivery period to you on your order confirmation or by separate email. Cancellations cannot be accepted without a financial penalty for chairs made to order, (Most of our chairs are made to order), the amount of which will not exceed the losses that we incur on your behalf.
However if the goods have been damaged in transit or have a manufacturing defect you must notify us within 48 hours of receipt initially by telephone, but confirmed by letter or email within 3 days. Returned goods will only be accepted by Backchairs Direct in their original packaging. The cost of return is the buyers. Note: Buyers of multiple chairs are required to sample these chairs prior to purchasing multiple units to negate the Consumer Contracts Regulations (Formerly The Distance Selling Regulations)
You need to know this
Our Commitment To Privacy - Data Protection Act Registration No: Z8373745, UK Data Protection Act 1998, Privacy and Electronic Communications (EC Directive) Regulations EU Cookie Regulations May 2011, EU General Data Protection Regulation May 2018. SafeBuy Code of Practice.
Simply put you have the right to know what happens to any pesonal data you provide us with and what happens to it afterwards. How we process your data is outlined below, following which that data is maintained either on our PCs (with encrypted hard drives) or hardcopy in a secure area. Following the period we are legally required to hold corporate documents, these are then professionally shredded and certificated by a third party company.
Prior to checkout we have to make you aware of how we handle YOUR data. Gaining your consent to process your data is important and you cannot checkout on our website without visiting this page and acknowledging at checkout that you have read and understand our Policy.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
The Information We Collect:
This notice applies to all information, incl. cookies, collected or submitted on this website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Name - Address - Email address - Phone number - Credit/Debit card details when provided offline. Any other information necessary for processing your order.
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:
Name - Address - Phone Number
This data will be held in accordance with our internal security policy. If we propose to send your data outside the European Economic Area (EEA) we will seek your consent first.
The Information We DON'T Collect:
We use the information you provide about yourself when placing an order only to complete that order. This can only be achieved by us placing cookies onto your computer. We do not share this information with outside parties except to the extent necessary to complete that order. Cookie opt-out is not to agree to our terms & conditions during checkout and you will be unable to shop online with us.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Data will only be released to third parties where it is necessary to process the order or where we are required in law to provide such information (e.g. the police)
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Credit Card Security You are transferred from our website to make card payments with our designated payment processor - SagePay.
All transaction information passed between merchant sites and the SagePay VSP Systems is encrypted using secyure SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to our servers from SagePay are signed using MD5 hashing to prevent tampering. You can be completely secure in the knowledge that nothing you pass to the SagePay servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Encryption and Data Storage
Once on SagePay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards used by, among others, the US Government. The encryption keys are held on state-of-the-art, tamper proof systems in the same family as those used to secure VeriSign's Global Root certificate, making them all but impossible to extract. The data we hold is extremely secure and we are regularly audited by the banks and banking authorities to ensure it remains so.
Links to banks
SagePay has multiple private links into the banking network that are completely separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with.
No individuals within SagePay are able to decrypt transaction information or cardholder data. Our systems only allow access to our most senior staff and only in extenuating circumstances (such as investigations of Card Fraud by the Police). Your transaction information and customer card information is secure even from our own employees because our systems never display the full card numbers, even on administration screens.
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