TERMS AND CONDITIONS FOR SUPPLY AND INSTALLATION OF FURNITURE
Roche Bobois accepts your order described overleaf subject to the following terms and conditions of sale which apply to your order to the exclusion of all other terms and conditions.
Nothing in these terms and conditions shall affect your statutory rights.
1.DEFINITIONS AND INTERPRETATION
In these terms and conditions:
- 1.1 “Agreement” means the terms and conditions of sale set out in this document, together with the order form overleaf, and any special terms and conditions agreed in writing between you and Roche Bobois;
- 1.2 “goods” means the goods listed on the order form overleaf;
- 1.3 “Roche Bobois” , “we” , “us” or “our” means Coxbury Ltd t/a Roche Bobois, as represented by the company named on your order and/or its sub-contractors;
- 1.4 “installation” means the installation services set out on the order form overleaf;
- 1.5 “order” means your order for the goods, as set out on the order form overleaf;
- 1.6 “price” means the price payable for the goods inclusive of VAT but excluding all other costs including delivery, shipping and storage;
- 1.7 “shipping costs” means your costs of shipping and/or the shipping administration fee payable to Roche Bobois;
- 1.8 “you” or “your” means the person identified on the order form overleaf who has bought or agreed to buy the goods from Roche Bobois and whose order has been accepted by Roche Bobois;
2.ORDERS AND CANCELLATION
In these terms and conditions:
- 1.9 Except where goods are already in stock, they will be made to order. Upon acceptance of your order, we shall therefore place an order with our supplier for the goods, making a contractual commitment to our supplier and incurring administrative costs on your behalf. As a condition to this Agreement, we therefore require a deposit of a minimum of 40% of the price or such higher percentage as we reasonably require and agree with you (the “deposit”). In each case the deposit shall represent a genuine pre-estimate of our loss should you break the contract.
- 2.1 If the goods you have ordered (a) are to be delivered within 8 weeks, and/or (b) have a price of £2,000 or less and/or (c) the goods are already in stock you will be required to pay the price and any delivery/shipping costs in full upon placement of the order. For the purposes of section 2.3, 50% of this price (set out on the order) shall be treated as the deposit.
- 2.2 You may cancel your order without forfeiting the deposit by notifying us within 7 days of the order, either by email to the showroom manager at the address overleaf, or by letter sent by recorded post to the Showroom Manager at the showroom address stated on the front of this form You may not cancel your order after that 7 day time period (except where we are in material breach of this contract) but if you do request cancellation, we will retain the entire deposit and recover any additional losses that we suffer as a result of cancellation.
- 2.3 We may cancel your order (by providing notice to you) (a) if we are not able to place your order with our supplier in which case we will refund your deposit and any other sums you have paid us in respect of your goods but will not otherwise be required to pay any compensation; and (b) in the circumstances described in sections 3.2, 4.4, 5.5, 5.6 and 7.3.
3.PAYMENT OF BALANCE
- 3.1 Where you have not paid the full price at the time of ordering your goods, we will request payment of the difference between the price (including any shipping, delivery and/or installation costs) and the deposit (the “balance”) no later than 21 days prior to the installation/delivery date.
- 3.2 If we do not receive the balance by the due date, we will delay delivery and installation of your goods until payment is made.
4.SITE SURVEY, DESIGNS AND PLANS
- 4.1 If installation (and/or delivery of large pieces of furniture) is required, we will need a site survey to be carried out prior to completing your order to the location where the goods are to be delivered and installed.
- 4.2 Where possible, we would strongly recommend that you allow us to conduct a site survey. The charge for the site survey shall be agreed based on the circumstances and the nature and extent of the proposed order.
- 4.3 If we carry out the site survey, it will be our responsibility to produce (and agree with you) a design and plan of the order. You will be required to sign this site survey signifying your agreement and acceptance. It will also be our responsibility to ensure our measurements are accurate as at the date of the site survey. It is your responsibility however to ensure that the goods are fit for your specific purposes. We will bear no liability should our site survey be used or implemented by any other party or should any changes to your property invalidate that site survey.
- 4.4 If a site survey is carried out by you or a third party on your behalf, you will be taken to endorse the contents of that site survey. We will bear no responsibility for any defects or inaccuracies in our designs or plans which are based on that site survey. If the site survey proves defective (so that, for instance, goods do not fit in their designated space), we will still be entitled to receive and retain the full amount of the order and, if we are required to rectify or amend the site survey, goods and/or installation, additional charges will be payable by you prior to completion of that additional work. Alternatively, if you do not wish for us to carry out any rectification or amendments, we will cancel your order, take the goods back and follow the re-sale procedure set out in section 5.5 below.
- 4.5 Unless already revealed to us in a site survey, it will be up to you to notify us in advance of delivery or installation of any potential problems with access (including vehicle access, stairs, narrow doors, low ceilings or any other barriers) and to make (and notify us of) any other related delivery arrangements (such as arranging parking permits, additional labour or hire charges for equipment). Where delivery or installation is complicated by such factors, additional charges will be payable (prior to delivery/installation) in addition to the existing charges.
5.DELIVERY AND INSTALLATION TIMETABLE
- 5.1 When you place your order our salesperson will give you an estimate of the likely delivery and (if part of your order) installation dates for your goods to our distribution centre, based on our suppliers’ confirmed production schedules and our installers’ availability. Unless we specifically agree otherwise in writing, these dates will be offered as guidance only, any delivery times mentioned are only an approximate guide and are not binding. We will endeavour to deliver and install your goods on or shortly after the estimated dates but please be aware that we cannot guarantee any delivery or installation dates and we do not accept liability for any loss or expense incurred by you if delivery or installation is not made by the estimated dates
- 5.2 When your goods are ready for delivery and/or installation, we will contact you by telephone (or failing that, by post or email) to agree delivery and installation dates. If by post or email, you will be asked to contact us to agree delivery and installation dates. Once we have agreed delivery and/or installation dates, we will (subject to section 10 below) be committed to delivering and/or installing on those dates and you will be responsible on that date for accepting the delivery and arranging appropriate means of access for installation (see section 6 below). If you are not willing or able to accept delivery and installation dates which fall within a 14-day period from our first attempt to contact you, you will start to incur storage charges to be calculated based on the quantity of goods being stored and the period of storage at a rate of up to £60 per week per cubic metre, chargeable from the time of contact until the goods are delivered. We will invoice you at the appropriate time. All outstanding charges must be paid in full prior to delivery and installation of the goods.
- 5.3 If you agree to a delivery or installation date but our deliverers/installers are, on that date, unable to obtain access to the delivery/installation address (see section 6 below), you will incur a redelivery and potentially additional installation charges which will need to be paid prior to redelivery and installation. These charges will be made at the same rate as the original delivery and installation charges.
- 5.4 If you agree to a delivery or installation date and cancel with less than 3 working days’ notice an appointment cancellation charge of £200 + VAT will be levied.
- 5.5 We will deliver and install goods to the delivery address specified on your order form. It is noted that (regardless of the address on the order form) certain credit or debit cards insist on shipment to the cardholder’s billing address Roche Bobois will follow the credit and debit card requirements.
- 5.6 If you are not willing to accept delivery or installation of your goods within a 14 day period from us first attempting to contact you, we shall be permitted to cancel your order and to re-sell the goods. In those circumstances, we shall retain the deposit and balance pending an attempted re-sale of the goods. If the goods are resold, we shall (within a reasonable period) return to you an amount equivalent to the re-sale proceeds after deduction of our additional reasonable costs and expenses. Please note that if we do re-sell the goods it is likely to be at a substantial discount. If we are not reasonably able to re-sell the goods, we shall be permitted to retain the price paid by you in full.
- 5.7 If, for a period of 14 days from being notified that the goods are available for delivery and installation, you are unavailable and/or do not respond when we try to contact you to arrange delivery and installation of your goods, we shall give you notice that unless you allow us to deliver and commence installation within 14 days (of that notice), the order will be cancelled and we shall be permitted to take the steps referred to in section 5.5 above.
6.ACCESS AND INSTALLATION
- 6.1 You will be responsible for providing our installation team with access to the delivery address as necessary for the delivery and (if included in your order) the installation of the goods. The delivery and installation charges will be discussed with you at the time of your order. Factors affecting the charges include the delivery and installation location and the size and complexity of the order.
- 6.2 Installation work will be limited to installation of the goods and shall not include any works to the fabric or structure of your property (save to the extent necessary to affix the goods to walls, floors and ceilings). If any planning permissions, structural or other preparatory works are required to your property in advance of the installation of the goods, it is your responsibility to ensure those permissions or works are obtained and works are completed in advance of the installation works. Additional labour charges will be applied at cost for any waiting time or delays caused through not being able to access the property or proceed with works on the day of delivery.
- 6.3 Roche Bobois will not pay for loss or damage to the goods or your property which are caused due to (a) us following your instructions; and/or (b) limited access and/or where the goods do not fit in your property (unless the loss or damage is caused by our negligence).
7.SHIPPING OUTSIDE UK
- 7.1 If your goods are to be delivered to a non-UK mainland address, shipping can be arranged through your sales representative and we will give an indication of shipping charges on request. The shipping quotes are treated as enquiries only until confirmed.
- 7.2 Our shipping quotes will be based on your whole order being shipped as one consolidated shipment. Should you require more than one shipment, additional charges may apply. The shipping quotation (if any) will be valid for 90 days from the date of quotation. After this period, a new quotation will be required.
- Alternatively, you may arrange shipping through a freight forwarder or shipping agent (either a “carrier”) of your choice. Once the goods are available for collection, we will notify your nominated carrier who would then be required to provide us with a minimum of 48 hours’ notice of your planned collection date. If your carrier does not arrange for collection of the goods within 14 days from notification, we shall be able to cancel your order and re-sell the goods following the procedure set out in clause 5.5.
- 7.4 All local costs relating to the import of goods, including but not limited to: End point delivery, import tax and due, customs charges, storage and administrative costs shall be the sole responsibility of the client unless previously arranged and agreed at the point of sale.
- 7.5 If your goods are ordinarily liable to VAT and are being shipped to an address outside the European Community (“EC”): a) if Roche Bobois arranges shipping, no VAT will be charged on those goods in accordance with UK VAT regulations; or b) if you are using your own carrier, you will be charged VAT on the goods when you pay for them. Roche Bobois will forward the export documentation to your carrier, who will be responsible for packing the goods and producing them and the export documentation to the relevant Customs authority for examination and certification. When additional certification is needed (certificate of origin, ATR etc.), fees incurred will be invoiced to the client once issued. When Roche Bobois receives the proof of export back from the carrier, we will then issue you with a VAT refund. Please note that the ability to make this VAT recovery will be lost if any such goods are delivered to, or used by, EC residents prior to export from the EC. Remember: if your freight forwarder or shipping agent fails to provide sufficient proof of export, you will not get a VAT refund. c) The VAT of your order will be refunded if: a) The goods are shipped outside the EU b) The goods leave the UK within 3 months of the delivery c) The carrier sends original (or certified copy) of the commercial transport evidence as proof of export (Bill of Lading, Air Way Bill, CMR) and a certificate of shipment with the full details of the shipment with a matching invoice to: Roche Bobois, 321-339 Finchley Road, London NW3 6EP d) All rules and regulations set out by UK Government regarding VAT refunds are adhered to.
- 8.1 When your goods are delivered and (where applicable) installed, you (or a responsible person acting on your behalf) will be asked to inspect the goods and installation work and to sign a document to acknowledge practical completion of the delivery and installation.
- 8.2 Alternatively, if there are faults to the goods or installation work, these should be notified to us at this time or as soon as reasonably possible afterwards so that we may rectify them. Claims may be reduced or rejected if they are not promptly notified to us (ideally within 5 days) or if we are not given an opportunity, upon detection, to put matters right.
- 8.3 In view of variations in manufacturing and availability of materials and handmade products, we cannot guarantee that all goods supplied will be identical (including size, colour, grain and shading) with particulars given or samples viewed and any reasonable variation in this respect shall not constitute a breach of this Agreement
- 8.3.1 Specific aspects of the material nature of your goods may or may not be covered under your standard warranty. Details of warranty conditions pertaining to goods purchased under this agreement may found at https://www.roche-bobois.com/files/garanties/garanties_en.pdf
- 8.4 Any refunds or returns of goods will be dealt with in accordance with your statutory rights and Roche Bobois’ standard returns policies will not apply
- 8.5 You must retain your till receipt(s) and order form as evidence of purchase.
- 8.6 If you have any post-delivery complaints, please address them to the Customer Service Department, 321-339 Finchley Road, London NW3 6EP or by telephone on 02088845845
9. PASSING OF PROPERTY AND RISK
- 9.1 Ownership of the goods will pass to you once the order has been received at our Operations Centre and we have received payment in full.
- 9.2 Once the goods have been delivered to the delivery address those goods shall be at your risk and you will be responsible for any loss or damage to the goods unless: (i) caused by our negligence; or (ii) due to a manufacturing defect or design fault.
10. UNAVOIDABLE DELAYS
- 10.1 We will not be liable for any delay or failure in performing our obligations under this Agreement where that delay or failure results from any act, event, non-happening, or accident beyond our reasonable control, such as war, threat of war, terrorism, sabotage, civil or military disturbance, fire, explosion, storm, flood, earthquake, or other natural disasters, pandemics, strikes, lock-outs, or import or export embargoes, or the impossibility of us using railways, shipping, aircraft, motor transport or other means of public or private transport. This includes delays related to matters arising due to the UK leaving the European Union If such circumstances arise, we will let you know in writing.
- 11.1 Roche Bobois operates in accordance with current UK law regarding money laundering. Guidelines state that we may be required to carry out due diligence on any transaction in accordance with recommended good practice and as a result you may be required to provide further documentation to complete your transaction.
12.LIMITATION OF LIABILITY
- Irrespective of any insurance taken out by us, you should advise your insurers so that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of goods, or the progress of installation work undertaken by us whether you are the freeholder, lessee or mortgagee of the property. Unless otherwise expressly agreed we are not liable for any loss or damage caused to the works, materials on site or any of your property to the fullest extent permitted by law.
- 12.2 If we breach any of our obligations to you under this Agreement, we will only be liable for the losses (if any) that you suffer as a direct and natural result of our breach. We will not be responsible for any losses which arise as an indirect result of our breach which would not have been contemplated by us at the time of your order. Furthermore, we will not be liable to pay damages to you in respect of any loss of enjoyment, loss of revenue or profit or loss of opportunity. Nothing in this Agreement will affect your statutory rights or limit our liability for fraud, or for death or personal injury resulting from our negligence or the negligence of our employees, servants or agents.
13. DATA COLLECTION
14. WEBSITE PURCHASES
- 14.1. The following terms and conditions in this clause 14 apply only to purchases made on our Website.
- 14.2. We endeavour to display as accurately as possible the colours of our Products that appear on our Website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
- 14.3. Our contract with you shall not be concluded until we have received your valid payment details and we have accepted the order by way of a confirmation by return e-mail to the email address you have given us during the online payment process.
- 14.4. Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, then we may treat the order as cancelled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 16.4 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible.
- 14.5. We reserve the right to refuse any order placed by you.
- 14.6. To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the Website.
- 15.1 Your signature on your order form confirms that you have read, understood and agreed to be bound by this Agreement.
- 15.2 No variation of this Agreement (including the order form) shall be valid and binding unless made in writing and signed by you and us. If a statement is made or an opinion expressed orally which will affect your decision to purchase any goods or instruct us to carry out any installation work, you should ensure that those details are confirmed in writing so as to form part of the Agreement. No liability can otherwise be accepted.
- 15.3 If any part of this Agreement is found to be unenforceable, it will not affect the enforceability of the remainder of this Agreement.
- 15.4 This Agreement shall be governed by the law of England and Wales and both parties accept the non-exclusive jurisdiction of the courts of England and Wales.
- 15.5 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. If you have asked us to deliver the goods to another person, then that person will not be a party to this Agreement.