Terms & Conditions
Terms and Conditions of Sale
1. Definitions
Buyer – the person who buys or agrees to buy the goods from the seller.
Conditions – the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods – the articles which the buyer agrees to buy from the seller.
Price – the price for the goods, excluding VAT and any carriage, packaging and insurance costs.
Seller means Regal Furnishings Ltd.
2. Conditions
2.1 These conditions shall from the basis of the contract between Seller and the Buyer in relation to the state of Goods, to the exclusion of all other terms and conditions including the Buyers standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 Orders for Goods shall be deemed to be an offer to purchase Goods from pursuant to these conditions.
2.3 Acceptance of Delivery of the Goods shall be deemed to be conclusive evidence of the Buyers acceptance of these conditions.
2.4 These conditions may not be varied except by the written agreement of the Seller.
2.5 These conditions represent the whole of the agreement between the Seller and Buyer. They supersede any other conditions previously issued.
3. Price
Price price quoted on the Sellers confirmation of order. The price is exclusive of VAT due at the rating falls on the date of the Sellers invoice.
4. Payment and Interest
4.1 Payment of the price and VAT due within 30 days of the date of the Sellers invoice.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set off or counterclaim against invoices submitted by the Seller.
5. Goods
The quantity and description of the Goods shall we set out in the Sellers confirmation of order.
6. Warranties
The Seller warrants that the Goods will at the time of Delivery correspond to the description given by the Seller in the confirmation of order. (Except where the Buyer is dealing as a consumer (as defined in section 12 of the unfair contract terms act 1977), all other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Goods are excluded.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyers address. The Buyer shall make all arrangements necessary to take Delivery of calls on the day notified by the Seller for Delivery.
7.2 the Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed Delivery date, but does not guarantee to do so. Time of Delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late Delivery or short Delivery of the Goods. If short Delivery does take place, the Buyer undertakes not to reject the Goods but to accept delivered as part performance of the contract.
7.4 If the Buyer fails to take Delivery of the Goods on the agreed Delivery date or, if no date has been agreed, when the Goods are ready for dispatch, the Seller shall be in titled to store and insure the Goods and to charge the Buyer the reasonable costs of doing so.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted that holds 48 hours after Delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of Delivery and shall give written notification to the Seller within five working days of Delivery of any defects which is a reasonable examination would be revealed.
8.3 Where the Buyer has excepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and Risk
9.1 Risk shall pass on Delivery of the Goods to the Buyers address.
9.2 Notwithstanding the early passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer the amount due under the invoice for that (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold records as Bailey for the Seller and shells to unlock them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before time passes and without any liability to the Buyer;
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyers rights to use, sell or otherwise deal in them; and
9.4.2 for that person (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Leather disclaimer
Leather is a natural product. It breeds, is warm and durable and has individual characteristics which make each child unique. Leather will always bear the marks of its natural origin and these characteristics can show the scratches, scars, growth marks, veins, areas of differing fibre density and airport structure. These characteristics in no way detract from the wearing qualities of the leather or its natural beauty. Natural markings and dye lot variations are in no way defects.