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Terms & Conditions – Furniture & Accessories
Please read the following terms and conditions carefully. Your purchase or use of our products on our website implies that you have read and accepted these Terms and Conditions.
Humphrey Munson (Cabinetmakers) Limited (the “Company”) is a company, registered in England and Wales under company number 04309581, whose registered office is 10 Queen Street Place, London, EC4R 1AG and whose principal place of business is Kinvara Business Centre, Felsted, Essex CM6 3LB.
These terms and conditions apply to the purchase of Goods from the Company via the website, by telephone or over email, or in one of the Company’s showrooms. The Company reserves the right to change or update these terms from time to time and will publish any such changes on the website.
1. Definitions and interpretations
In these Terms and Conditions, the following words shall have the following meanings:
“Company” means Humphrey Munson (Cabinetmakers) Limited;
“Contract” means the contract for the provision of Goods made between the Company and the Customer, which includes these Terms and Conditions, the Project Order, the Quotation and/or any additional terms and conditions agreed in writing between the Company and the Customer;
“Customer” means the person(s), or company, purchasing the Goods from the Company;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Customer;
“Quotation” means our standard Quotation for the supply of Goods;
“Order” means the order for the Goods to be supplied by the Company to the Customer; and
“VAT” means value added tax.
2. Orders
Any order received by the Company from the Customer shall be accepted at the discretion of the Company and only upon these terms and conditions. Each Order accepted shall constitute an individual legally binding contract between the Company and the Customer and such contract is hereinafter referred to in these terms and conditions as an Order.
3. Pricing
The price of the Goods refers to the price contained within the Quotation at the date of acceptance of the Order. All prices contained within the Company’s Quotation are valid for 30 days only from the date shown on the Quotation or until earlier acceptance by the Customer. All published prices, unless otherwise stated, are exclusive of VAT and delivery charges which will be separately itemised on the Quotation. The Company reserves the right to change the prices of products without prior warning.
4. Payment
100% of the total order value will secure an Order for the Customer. Please note that all orders must be paid in full and funds cleared before Goods can be dispatched. Orders will not be prepared or manufactured and packaged, nor delivery arranged until payment in full has been received and cleared.
5. Delivery
a. Please ensure all details shown on the Order and corresponding invoice are correct, including the delivery address if different to the billing address. Any delivery to incorrect addresses may result in additional delivery charges. The cost of the delivery will be as set out in the Order.
b. A delivery date will be confirmed with you on your Order confirmation email. If you have requested a specific date, we will always try to accommodate this but please bear in mind there is a minimum three working day lead time on all deliveries regardless of size or location. In the event that a delivery needs to be delayed by the client, please provide at least five working days otherwise a failed delivery charge may be incurred.
c. Our deliveries are primarily undertaken by a third-party distribution provider. They collect the Order and deliver it to the delivery address stated on the Order, on the specified date. We require a contact telephone number for the contact at the delivery address when placing your Order in case the delivery driver encounters any difficulties finding the address.
d. When your Order is delivered please take the time to check over all items by removing the outer packaging or by opening the delivery box by lifting the lid off followed by the sides and finally the rest of the packaging. Most of our distribution providers will remove packaging for you if you wish. Any signs of damage during transport should be reported immediately to us. Our distribution providers will typically record the delivery by taking images for our records.
e. The Company is not responsible for delays outside of the Company’s control. If the delivery of the Goods is delayed by any event outside of the Company’s control, then the Company will contact you as soon as possible to let you know and will take all necessary steps to minimise the impact of any such delay. The Company will not be liable for any delay in the delivery of the Goods that is caused by your failure to provide the Company with inadequate delivery instructions or any other instructions that are relevant to the supply and successful delivery of the Goods.
f. You shall accept or take delivery of the Goods at the delivery location on the agreed date. You shall pay the Company’s additional costs caused by your failure to provide the Company with inadequate or inaccurate delivery instructions or from a failure to accept or take delivery of the Goods in accordance with these Terms and Conditions.
g. In the event you need to delay delivery of the Goods, the Company can store the Goods in temperature-controlled, secure storage facilities and provide insurance. The Company will provide storage free of charge for 10 working days from the original delivery date, after which the Company will require storage fees of £50 + VAT per week for Goods such as a dining table or set of chairs. For larger Orders, the Company reserves the right to charge storage fees up to £200 + VAT per week.
6. Returns & Cancellations
Any Goods which are made to order are deemed to be bespoke and are strictly non-refundable except where a defect, damage or material difference to the Order is incurred. Where the Customer notifies the Company of any defect, damage or material difference in specification, the Customer shall afford the Company the opportunity to inspect the Goods and to replace at the Company’s cost damaged, defective or non-compliant Goods, or to refund to the Customer the price of the damaged, defective or non-compliant Goods (or a proportionate part thereof).
Where the Customer wishes to return the defective, damaged or materially different Goods to the Company, the Company shall accept the return of the goods subject to the following:
a. In the case of returns due to defect or damage, these should be signed on the delivery sheet and informed within 24 hours with photographic evidence provided. If these conditions are not met, the Company reserves the right to refuse the return of the defective/damaged Goods.
b. All delivery charges are non-refundable. Collection costs, refund transaction costs, and any other costs incurred by the Company will be deducted from the total refund.
c. The Goods must be returned in their entirety by the Customer to the Company in the same packaging (or similar appropriate packaging) and condition that they were received by the Customer. Please note we recommend all Customers retain the packaging at the point of delivery if there are signs of damage or defect upon inspection.
d. Refunds will be made within 10 working days of receiving the returned Goods.
7. Description and samples
All descriptions, images (both online and in print) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only. All Goods should be carefully checked by the Customer prior to fitting the Goods (if applicable). Fitting of the Goods (e.g. vanity units) is considered as acceptance of the material.
The Customer acknowledges that variation is to be expected due to the nature of natural products such as leather and timber. Natural markings are consistent with natural leather due to it being a natural material. It will often have traces of origin, including brand marks, scars, growth lines, veins and areas of differing fibre density.
Any drawings, descriptive matter or advertising issued by the Company, and any descriptions of the Goods or illustrations or descriptions of the Goods or Services contained in the Company’s marketing materials are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
8. Website
The intellectual property rights in the designs, images, logos, photographs, content and source code of the Company’s website are owned by, or licensed to, the Company unless otherwise stated. They are protected by copyright, trademarks and other intellectual property rights. You may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of the Company’s website without the written permission of the Company. You may view or print individual pages only for your own personal use. Copyright of any documents that are made available for download belongs solely to the Company and are subject to the terms and conditions set out herein.
9. Liability
All Goods are provided “as described” without warranty of any kind, either expressed or implied, save manufacturing defect. In line with our delivery and returns policy above, we expect any defect or discrepancy to be notified to us within 24 hours upon receipt of the Order. In no event shall our Company, its employees, or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our Goods.
10. Data protection
The Company will take all reasonable precautions to keep the details of the Customer’s order and payment secure, but unless the Company is negligent, the Company will not be liable for unauthorised access to information supplied by the Customer. The Company will only use the information the Customer provides for the purpose of fulfilling the Order. The Customer can correct their information, or ask that information about themselves be deleted, by giving written notice to the Company at Humphrey Munson (Cabinetmakers) Limited, Kinvara Business Centre, Felsted, Essex CM6 3LB, or by email to info@humphreymunson.co.uk.
11. Applicable law
These terms and conditions of sale and the supply of the Goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.
12. Third party rights
Neither the Company nor the Customer intend that any term of the Contract will be enforceable by any person that is not a party to it other than someone to whom the Company transfers its rights under this contract.