Terms & Conditions

Website Terms & Conditions Trade Terms & Conditions Retail Terms & Conditions

William Yeoward – Website Terms and Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days afterreceiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During theexpected lifespan of your product you’re entitled to the following:

  • up to 30 days: if your goods are faulty, you can get a refund;
  • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases;
  • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 0506.

 

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • ‘We’, ‘us’ or ‘our’ means William Yeoward Furniture Limited; and
  • ‘You’ or ‘your’ means the person using our site to buy goods from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

  • Email:enquiries@williamyeoward.com; or
  • telephone - 020 7349 7828

Who are we?

www.williamyeoward.com/online-storeis a site operated by William Yeoward Furniture Limited a limited company (02249386) having our registered address at 270 Kings Road, London,SW3 5AW.

The details of this contract will not be filed with any relevant authority by us.

 

  1. Introduction
    1. If you buy goods on our site you agree to be legally bound by this contract.
    2. This contract is only available in English. No other languages will apply to this contract.
    3. When buying any goods you also agree to be legally bound by:
      1. our website terms and conditions;
      2. extra terms which may add to, or replace some of, this contract; and
      3. specific terms which apply to certain goods.

All of the above documents form part of this contract as though set out in full here.

  1. Information we give you
    1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. read the key information in clause 16;
      2. read the acknowledgement email (see clause 4.3); or
      3. contact us using the contact details at the top of this page.
    2. The key information we give you by law forms part of this contract (as though it is set out in full here).
    3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3                Your privacy and personal information

3.1            Our Privacy Policy is available at www.williamyeoward.com/uk/security-and-privacy.

3.2            Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4                Ordering goods from us

4.1            Below, we set out how a legally binding contract between you and us is made.

4.2            You place an order on the site by visiting our online store (https://www.williamyeoward.com/online-store). Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

4.3            When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.4            We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1        the goods are unavailable;

4.4.2        we cannot authorise your payment;

4.4.3        you are not allowed to buy the goods from us;

4.4.4        we are not allowed to sell the goods to you;

4.4.5        you have ordered too many goods; or

4.4.6        there has been a mistake on the pricing or description of the goods.

4.5            We will only accept your order when we confirm this in store or we will email you to confirm this (the "Confirmation Email").  At this point:

4.5.1        a legally binding contract will be in place between you and us; and

4.5.2        we will dispatch the goods to you.

5                Right to cancel

5.1            You have the right to cancel this contract within 14 days (the "Cooling Off Period"). The Cooling Off Period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.

5.2            To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or email) using the contact details at the top of this contract.  Please provide your name, home address, details of the order and, where available, your phone number and email address.

5.3            Subject to clause 11, upon the expiration of the Cooling Off Period, you shall not be entitled to cancel the contract because you have changed your mind.

5.4            Please note that the Cooling Off Period will not be applicable for any goods made to order ("Customised Goods").

6                Cancellations, Returns and Refunds

6.1            If you cancel this contract before the goods have been dispatched, you will be entitled to a full refund for the goods. Where we have delivered the goods to you, we shall reimburse you any payment for delivery received from you up to the amount you would have paid if you had chosen the least expensive common and generally acceptable kind of delivery offered by us.  

6.2            We reserve the right to deduct the Additional Charges as set out in clause 6.4.2 (return charges and handling fees) where applicable.

6.3            We may also make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

6.4            Returns:

6.4.1        you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.

6.4.2        At your request, we can arrange to collect the goods from your address (or other agreed location) on a suitable date and time as agreed between you and us.  Please note you shall be responsible for the following additional costs:

(a)            a 20% handling fee;

(b)            return delivery charges.

(the "Additional Charges").

6.5            You will receive your refund without undue delay, and not later than:

6.5.1        14 days after the day we received back from you any goods supplied (whether that be via our own collect or return delivery by you); or

6.5.2        (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

6.5.3        if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

6.6            We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

6.7            Goods must be returned with original packaging and in perfect condition. It is your responsibility to make sure the original packaging is retained.

6.8            If you do not return goods as agreed we shall be entitled to invoice you for said goods.

7                Delivery

7.1            We shall deliver the goods to the address specified in your order.

7.2            Any estimated dates, lead times or other time windows for delivery of the goods will be set out in is set out in the Confirmation Email.

7.3            If something happens which:

7.3.1        is outside of our control; and

7.3.2        affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

7.4            Time of delivery is not of the essence. We shall use reasonable endeavours to meet delivery dates and lead times however such dates are indicative only. We shall not be responsible for any delays caused by something that is outside of our control, or any delays caused by a third party (whether that be a courier service provider, third party supplier or otherwise).

7.5            Delivery of the goods will take place when we deliver them to the address that you gave to us.

7.6            Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the estimated delivery date for delivery of the goods, we will:

7.6.1        let you know;

7.6.2        cancel your order; and

7.6.3        give you a refund.

7.7            If nobody is available to take delivery, please contact us using the contact details at the top of this page. Please note we reserve the right to charge additional costs associated with any storage and re-delivery charges in respect of the goods pending successful delivery of the goods.

7.8            We can deliver goods to addresses based outside of the UK, however we ask that you contact us before placing any order, whether that be in store or via email to confirm whether there are any changes to logistics or otherwise. 

7.9            Upon delivery of your goods it is your responsibility to unpack and inspect the goods. Any claim regarding delivery damage or defective goods must be made within 7 days of the date of delivery.

8                Risk and Ownership

8.1            You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

8.2            You will own the goods once we have received payment in full (in cleared funds or in cash).

9                Payment

9.1            We accept cash, bank transfers and the following credit cards and debit cards: Visa, Mastercard, Amex, Maestro and Paypal. We do not accept cheques. All payments by credit card or debit card need to be authorised by the relevant card issuer.

9.2            We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

9.3            You will be invoiced and your credit card or debit card will only be charged as per our agreed terms when placing your order.

9.4            We will charge you 100% of the sales order for stock items when placing your order which you must pay in full immediately. A minimum deposit of (fifty percent) 50% of the sales order value (Deposit) is required when placing an order for goods not in stock or goods made to order (Customised Goods). For the avoidance of doubt, the Deposit will be mandatory before any order for Customised Goods can be confirmed by us.  The Deposit is non-refundable. In all cases 100% of the sales order value is due and payable before the goods are despatched.

9.5            All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

9.5.1        Verified by Visa;

9.5.2        Mastercard®SecureCodeTM:; or

9.5.3        American Express SafeKey.

9.6            If your payment is not received by us and you have already received the goods, you:

9.6.1        must pay for such goods within 7 days; or

9.6.2        must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

9.7            If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

9.8            Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.

9.9            The price of the goods:

9.9.1        is in the currency listed on your invoice;

9.9.2        includes VAT at the applicable rate; and

9.9.3        does not include the cost of delivery of the goods (if you want information on your delivery options and costs, speak with us in store or visit our webpage before you place your order).

10             Nature of the goods

10.1         The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:

10.1.1     are of satisfactory quality;

10.1.2     are fit for purpose; and

10.1.3     match the description, sample or model.

10.2         We must provide you with goods that comply with your legal rights.

10.3         The packaging of the goods may be different from that shown on the site.

10.4         While we try to make sure that:

10.4.1     all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements; and

10.4.2     the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

10.5         Any goods sold:

10.5.1     at discount prices;

10.5.2     as remnants; or

10.5.3     as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10.6         If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

10.6.1     we will let you know if we intend to do this but this may not always be possible; and

10.6.2     you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

11             Faulty goods

11.1         Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1     visit our webpage: https://www.williamyeoward.com;

11.1.2     contact us using the contact details at the top of this page; or

11.1.3     visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

11.2         Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3         Please contact us using the contact details at the top of this page, if you want to discuss:

11.3.1     repair of the goods;

11.3.2     replacement goods;

11.3.3     a price reduction; or

11.3.4     a refund (not including the original delivery cost).

11.4         Please note that all of the above will be subject to the Additional Charges set out in clause 6.4.2.

11.5         Goods must be returned with original packaging.  If you do not return goods as agreed we will invoice you for said goods.

12             End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

13             Limit on our responsibility to you

13.1         Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any loss or damage to you that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2         These Terms apply to the supply of goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14             Disputes

14.1         We will try to resolve any disputes with you quickly and efficiently.

14.2         If you are unhappy with:

14.2.1     the goods; or

14.2.2     any other matter;

please contact us as soon as possible.

14.3         If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

14.3.1     let you know that we cannot settle the dispute with you; and

14.3.2     give you certain information required by law.

15             Other Important Terms

15.1         Jurisdiction. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

15.2         Governing Laws. The laws of England and Wales will apply to this contract.

15.3         Severance. If a court finds part of this contract illegal, the rest will continue in force. 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.

15.4         Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.5         Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.

16             Key Information

The following is key information:

16.1         the main characteristics of the goods to the extent appropriate to the medium of communication and to the goods is included on our website and on the confirmation email;

16.2         the identity of us, the trader, is William Yeoward Furniture Limited a limited company (02249386);

16.3         our geographical address where we are established is 270 Kings Road, London, SW3 5AW our telephone number is 020 7349 7828 and our email is: enquiries@williamyeoward.com;

16.4         we do not act on behalf of another trader,

16.5         the total price of the goods inclusive of taxes is included on our website and on the confirmation email;

16.6         delivery charges may be payable if you can’t collect the goods from our store;

16.7         the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods is included in clauses 7 and 9 and on the confirmation email;

16.8         our complaint handling process is included in clause 14;

16.9         you have a right to cancel and details of your right to cancel, the conditions, time limit and procedures for exercising that right are included clauses 5 and 6;

16.10      you may have to bear the cost of returning the goods in case of cancellation and details are included in clause 6;

16.11      you are reminded that we, the trader, are under a legal duty to supply goods that are in conformity with the contract as referred to in clause 10;

16.12      we do not provide after-sale customer assistance, nor after-sales services nor commercial guarantees; and

16.13      deposits may be payable, the conditions of deposits is included in clause 9.4.

 

William Yeoward – Trade Terms and Conditions

1              Interpretation

The following definitions and rules of interpretation apply in these Conditions.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time.

Contract: the contract between William Yeoward and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer: the person or firm who purchases the Goods from William Yeoward.

Delivery Location: has the meaning given in clause 4.1.

Force Majeure Event: an event, circumstance or cause beyond a party's reasonable control.

Goods: the goods (or any part of them) set out in the Order.

Order: the Customer's order for the Goods, as set out in the Customer's written acceptance of William Yeoward's quotation.

Specification: any specification for the Goods, including proforma invoice, confirmation email and any related plans and drawings, that is agreed in writing by the Customer and William Yeoward.

William Yeoward and Supplier: means William Yeoward Furniture Limited (registered in England and Wales with company number 02249386) who shall supply the Goods to the Customer.

1.1           A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2           A reference to a party includes its successors and permitted assigns.

1.3           A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.4           Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative.

1.5           A reference to writing or written includes email.

2              Basis of contract

2.1           These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2         The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

2.3         The Order shall only be deemed to be accepted when William Yeoward issues a written acceptance of the Order via proforma invoice or email (the "Confirmation Email") at which point the Contract shall come into existence.

2.4         Any samples, drawings, descriptive matter or advertising produced by William Yeoward and any descriptions or illustrations contained in William Yeoward catalogues, brochures, website or other promotions material (the "Sales Literature") are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

2.5         A quotation for the Goods given by William Yeoward shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.

3              GOods

3.1         The description of the Goods shall be set out in the Specification.

3.2         William Yeoward reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement and William Yeoward shall notify the Customer in any such event.

3.3         The packaging of the Goods may be different from that shown in any Sales Literature.

3.4         William Yeoward shall use reasonable endeavours to ensure weights, sizes and measurements are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements.

4              Delivery

4.1           The Customer can collect the Goods from the Supplier's premises at 270 Kings Road, London, SW3 5AW or such other location as may be advised by William Yeoward (Delivery Location) within three Business Days of William Yeoward notifying the Customer that the Goods are ready. Delivery will be deemed completed on the completion of loading the Goods at the Delivery Location.  On request, William Yeoward can deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location). In this instance, delivery is deemed complete on the completion of unloading of the Goods at the Delivery Location. It shall be the Customer's responsibility to enquire about the delivery service provider and delivery costs before placing an order.

4.2         The Customer must contact William Yeoward to enquire about logistics and other delivery information before placing an order to require William Yeoward to deliver the Goods to an address based inside or outside the UK.

4.3         Any lead times or delivery dates given by William Yeoward are approximate only, and the time of delivery is not of the essence. William Yeoward shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event, any third party suppliers or the Customer's failure to provide William Yeoward with adequate delivery instructions (or other relevant instructions).

4.4         If the Customer fails to take delivery of the Goods within 3 Business Days of William Yeoward notifying the Customer that the Goods are ready, then:

4.4.1             delivery of the Goods shall be deemed to have completed at 9.00am on the third Business Day after the day on which we advised you that the Goods were ready;

4.4.2             William Yeoward shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

4.4.3             If after the Customer has not taken delivery after 20 Business Days of William Yeoward notifying that the Goods were ready for delivery, William Yeoward reserves the right to resell or otherwise dispose of part or all of the Goods.

5              QUALITY

5.1           William Yeoward warrants that on delivery the Goods shall:

5.1.1             conform in all material respects with the Specification;

5.1.2             be free from material defects in design, material and workmanship; and

5.1.3             be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

5.2         Any Goods sold at discount prices, as remnants or as substandard will be identified and sold as such. It will be the Customer's responsibility to check that they are of a satisfactory quality for their intended use.

5.3         Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded from the Contract.

6              Title and Risk

6.1           The risk in the Goods shall pass to the Customer on completion of delivery.

6.2           Title to the Goods shall not pass to the Customer until William Yeoward has received payment in full cleared funds or cash.

7              Charges and payments

7.1           The price of the Goods shall be the price set out in the Order.

7.2           The price of the Goods:

7.2.1             will be in the currency specified on your Order;

7.2.2             is exclusive of value added tax (VAT); and

7.2.3             excludes the cost of delivery.

7.3           Accepted payment methods include: cash, bank transfer, Paypal, and the following credit and debit cards: Visa, Mastercard, Amex, Maestro (all payments by credit card or debit card need to be authorised by the relevant card issuer). Payment by cheque is not accepted.

7.4           Unless otherwise agreed in writing payment for the Goods must be made in full and in cleared funds by the Customer to William Yeoward in advance of delivery.

7.5           A minimum deposit of (fifty percent) 50% of the sales order value (the "Deposit") is required when placing any Goods made to order ("Customised Goods"). For the avoidance of doubt, the Deposit will be mandatory before any order for Customised Goods can be confirmed by the Supplier.  The Deposit is non-refundable.

7.6           William Yeoward may agree to give credit terms to a Customer. Credit terms are agreed in writing by William Yeoward. If credit terms are extended to the Customer, the Customer shall pay each invoice submitted by the Supplier within the agreed credit terms:

7.6.1             within 30  Business Days of the date of the invoice; and

7.6.2             in full and in cleared funds to a bank account nominated in writing by the Supplier.

7.7           If the Customer fails to make a payment due to by the due date, then, without limiting the Supplier's remedies under clause 9, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.7 will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.

8              FAULTY GOODS

8.1           The Customer shall be responsible for inspecting the Goods on delivery. The Customer may reject any Goods that are defective or nonconforming to the Specification and notify William Yeoward within the following timeframes:

8.1.1             7 Business Days from the date of delivery of any defects that would be apparent on normal visual inspection of the Goods; or

8.1.2             within a reasonable time of a latent defect having become apparent.

(the "Defect Notification")

8.2           The Goods must be returned to William Yeoward within 14 Business days of the Defect Notification at the Customer’s own expense.  On written request, William Yeoward can collect the Goods from the Customer at an agreed location.  There will be handling fee of 20% of the total value of the goods and return delivery costs applied (the "Additional Charges")

8.3           Rejected Goods under clause 8.1, shall entitle the Customer to a replacement, repair or refund of the Goods (excluding the original costs of delivery and subject to the additional costs in clause 8.2).

8.4           Goods must be returned with original packaging and in such condition to permit their resale.  If the Goods are not returned as agreed, William Yeoward shall invoice the Customer for said Goods.

8.5           Any refunds will be issued within 5 Business Days and in any event no later than 14 Business Days after the Supplier receives the returned Goods. The original delivery charges and Additional Charges shall be deducted from the refund.

8.6           The terms of this agreement shall apply to any repaired or replacement goods supplied by William Yeoward.

9              Liability

9.1           Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

9.1.1             death or personal injury caused by negligence;

9.1.2             fraud or fraudulent misrepresentation;

9.1.3             breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

9.1.4             defective products under the Consumer Protection Act 1987.

9.2           Subject to Clause 9.1, the Supplier's total liability to the Customer shall not exceed the price paid for the Goods.

9.3           Subject to Clause 9.1, the following types of loss are wholly excluded:

9.3.1             loss of profits;

9.3.2             loss of sales or business;

9.3.3             loss of agreements or contracts;

9.3.4             loss of anticipated savings;

9.3.5             loss of or damage to goodwill; and

9.3.6             indirect or consequential loss.

9.4           This clause 9  shall survive termination of the Contract.

10            TerminAtion

10.1        Without limiting its other rights or remedies, William Yeoward may terminate this Contract with immediate effect by giving written notice to the Customer if:

10.1.1           the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing to do so;

10.1.2           the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

10.1.3           the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or

10.1.4           the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

10.2        Without limiting its other rights or remedies, William Yeoward may suspend provision of the Goods under the Contract or any other contract between the Customer and William Yeoward if the Customer becomes subject to any of the events listed in Clause 10.1.2  to Clause 10.1.4, or William Yeoward reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

10.3        Without limiting its other rights or remedies, William Yeoward may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

10.4        On termination of the Contract for any reason the Customer shall immediately pay to William Yeoward all of the Supplier's outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, William Yeoward shall submit an invoice, which shall be payable by the Customer immediately on receipt.

10.5        Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract, which existed at or before the date of termination.

10.6        Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

11            Force Majeure

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

12            General

12.1        Assignment and other dealings.

12.1.1           The Customer may not assign the Contract or any part of it to any other party without the prior consent of William Yeoward.

12.1.2           William Yeoward may assign the Contract or any part of it to any other party.

12.2        Entire agreement

12.2.1           The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

12.2.2           Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

12.3        Variation: No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.4        Waiver: No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.5        Severance: If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.5 shall not affect the validity and enforceability of the rest of the Contract.

12.6        Notices

12.6.1           Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office.

12.6.2           Any notice shall be deemed to have been received: (i) if delivered by hand, at the time the notice is left at the proper address; or (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.

12.6.3           This clause 12.6 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

12.7        Third party rights: Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

12.8        Governing law and Jurisdiction: The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.

 

William Yeoward – Retail Terms and Conditions

Please read the following important Terms before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During theexpected lifespan of your product you're entitled to the following:

 

  • up to 30 days: if your goods are faulty, you can get a refund;

     

    • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund in most cases;
    • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
    • The information in this summary box summarises some of your key rights. It is not intended to replace the contract below,which you should read carefully.

This contract sets out:

·                your legal rights and responsibilities;

·                our legal rights and responsibilities; and

·                certain key information required by law.

This contract is used for when you and we enter into a contract in store. If this is not the case for you, please tell us, so that we can give you a different contract with terms which are more appropriate for you.

In this contract: 'We', 'us' or 'our' means William Yeoward Furniture Limited; and ‘You' or 'your' means the person buying goods from us.

If you don't understand any of this contract and want to talk to us about it, please speak with us in store or contact us by:

•                Email - enquiries@williamyeoward.com; or

•                telephone - 020 7349 7828

Who are we?

We are William Yeoward Furniture Limited ia limited company (02249386) which operates from 270 Kings Road, London, SW3 5AW.

The details of this contract will not be filed with any relevant authority by us.

1             Introduction

1.1         If you buy goods from us you agree to be legally bound by this contract.

1.2         When buying any goods you also agree to be legally bound by:

1.2.1           extra terms which may add to, or replace some of this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month's notice. You can end this contract at any time by giving one month's notice if we tell you extra terms apply; and

1.2.2           specific terms which apply to certain goods. If you want to see these specific terms, please check against the relevant goods in store).

All of the above documents form part of this contract as though set out in full here.

2             Information we give you

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will do this in store before you buy the goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract and specifically in clause 18.

Information we will give you

We will give you information on:

the main characteristics of the goods you want to buy;

who we are, where we are based and how you can contact us;

the total price of the goods including any taxes (or where this cannot reasonably be worked out in advance, the manner inwhich we will work out the price);

2.1         The key information we give you by law forms part of this contract (as though it is set out in full here).

2.2         If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3             Your privacy and personal information

3.1         Our Privacy Policy is available at www.williamyeoward.com/uk/security-and-privacy.

3.2         Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4             Ordering goods from us

4.1         Below, we set out how a legally binding contract between you and us is made.

4.2         Any quotation given by us before you make an order for goods is not a binding offer by us to supply such goods.

4.3         When you decide to place an order for goods with us, this is when you offer to buy such goods from us.

4.4         When you place your order with us, we will acknowledge it in store or by email. This acknowledgement does not, however, mean that your order has been accepted.

4.5         We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This might be because the goods are  out of stock, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

4.6         We will only accept your order when we confirm this in store or we will email you to confirm this (Confirmation Email). At this point:

4.6.1           a legally binding contract will be in place between you and us; and

4.6.2           we will dispatch the goods to you.

4.7         If you are under the age of 18 you may buy goods from us.

5             Delivery of goods

5.1         If we need to deliver goods to you or you ask that we do so, we use different delivery service providers depending on your location and the nature of the goods. If you want information on your delivery options and costs, speak with us in store before you place your order.

5.2         We will let you know in store or in the Confirmation Email (see clause 4.6) the estimated lead times and delivery dates for the delivery of the goods.

5.3         If something happens which:

5.3.1           is outside of our control; and

5.3.2           affects the estimated date of delivery,

5.4         we will let you have a revised estimated date for delivery of the goods.

5.5         Time of delivery is not of the essence. We shall use reasonable endeavours to meet delivery dates and lead times however such dates are indicative only. We shall not be responsible for any delays caused by something that is outside of our control, or any delays caused by a third party (whether that be a courier service provider, third party supplier or otherwise).

5.6         Delivery of the goods will take place when we deliver them at the address that you gave to us or on your collection of the goods, as the case may be.

5.7         Unless we agree otherwise, if we cannot deliver your goods within 30 days of the estimated delivery date, we will:

5.7.1           let you know;

5.7.2           cancel your order; and

5.7.3           give you a refund.

5.8         If nobody is available to take delivery, please let us know using the contact details at the top of this page. Please note we reserve the right to charge additional costs associated with any storage and re-delivery charges in respect of the goods pending successful delivery of the goods.

5.9         We can deliver goods to addresses based outside of the UK, however we ask that you contact us before placing any order, whether that be in store or via email to confirm whether there are any changes to logistics or otherwise. 

5.10      Upon delivery of your goods it is your responsibility to unpack and inspect the goods. Any claim regarding delivery damage or defective goods must be made within 7 days of the date of delivery.

6             Risk and Ownership

6.1         You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6.2         You will own the goods once we have received payment in full (in cleared funds or in cash).

7             Charges and payment

7.1         We will let you know the cost of the goods (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us. The cost of the goods is set out in store.

7.2         We accept cash, bank transfers and the following credit cards and debit cards: Visa, Mastercard, Amex, Maestro and Paypal. We do not accept cheques. All payments by credit card or debit card need to be authorised by the relevant card issuer.

7.3         You will be invoiced and your credit card or debit card will only be charged as per our agreed terms when placing your order.

7.4         We will charge you 100% of the sales order for stock items when placing your order which you must pay in full immediately. A minimum deposit of (fifty percent) 50% of the sales order value (Deposit) is required when placing an order for goods which we don’t have in stock or are made to order (Customised Goods). For the avoidance of doubt, the Deposit will be mandatory before any order for Customised Goods can be confirmed by us.  The Deposit is non-refundable. In all cases 100% of the sales order value is due and payable before the goods are delivered.

7.5         If your payment is not received by us and you have already received the goods, you:

7.5.1           must pay for such goods within 7 days; or

7.5.2           must return them, if possible, to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

7.6         If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7.7         If your payment is not received by us under clause 7.4, we may also charge interest on any balance outstanding at the rate of eight (8) percentage points a year above Bank of England's base rate, or eight (8) percentage points a year if the Bank of England’s base rate is below zero.

7.8         The price of the goods:

7.8.1           is in the currency listed on your invoice;

7.8.2           includes VAT at the applicable rate; and

7.8.3           does not include the cost of delivery of the goods (if you want information on your delivery options and costs, speak with us in store or visit our webpage before you place your order).

8             Nature of the goods

8.1         The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:

8.1.1           are of satisfactory quality;

8.1.2           are fit for purpose; and

8.1.3           match the description, sample or model.

8.2         We must provide you with goods that comply with your legal rights.

8.3         The images of the goods on our website, in catalogues, brochures or other advertising materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the goods. Your goods may vary slightly from those images. 

8.4         The measurements of all goods are as accurate as possible but some variation may apply. Please ensure you are aware of the natural characteristics of the materials in the construction of your products, how to care for your products and the normal ageing process. Showroom models may vary in age and therefore your goods may vary in appearance from an older model on the shop floor.

9             There may also be a slight variation between fabric batches, the most common variation being colour. Whilst we make every effort to ensure your product is manufactured from the same fabric batch we cannot guarantee any subsequent orders placed at a later date will match your original order. We cannot accept any liability for discolouration or fading due to exposure to direct or indirect sunlight

9.1         The packaging of the goods may be different from that shown in store or on our website or other advertising material.

9.2         Any goods sold:

9.2.1           at discount prices;

9.2.2           as remnants;

9.2.3           as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10          YOUR RIGHTS TO MAKE CHANGES

10.1      Subject to clause 10.2 below, if you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible.  If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

10.2      Once we have accepted your order for any Customised Goods, you will no longer be able to make any changes to it. However, if you have made a mistake in your order for  Customised Goods, and provided we have not commenced production of the goods, we will try our best to accommodate any reasonable changes at our sole discretion.

 

11          OUR RIGHTS TO MAKE CHANGES

11.1      We may change any product to implement minor technical adjustments or as a result of unavailability of raw materials. We will try to minimise the impact of these changes. These changes will not affect your use of the product. These unavoidable changes do not give to you any right to cancel any contract or reject any product.

12          YOUR RIGHTS TO END THE CONTRACT

12.1      Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. 

12.2      Subject to clause 12.3, you may contact us to end your contract for an order placed for goods at any time before we have delivered them to you and we reserve the right to charge you a 20% handling fee. 

12.3      In the case of Customised Goods, you may only end the contract (or to get the product repaired or replaced) where a product is faulty or mis-described (see Clause 14, "Faulty Goods and Returns").

13          OUR RIGHTS TO END THE CONTRACT

13.1      We may end the contract for a product at any time by writing to you if:

13.2      If you do not make a payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

13.3      you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, sign off of any designs, measurements or specifications for a Customised Good; or

13.4      you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

14          Faulty goods and Return

14.1      Your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'), are set out at the top of this contract. They are a summary of some of your key rights. If there is something wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action with you.

14.2      For more detailed information on your rights and what you should expect from us, please:

14.2.1        speak with us in store;

14.2.2        visit our webpage: https://www.williamyeoward.com;

14.2.3        contact us using the contact details at the top of this page; or

14.2.4        visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

14.3      Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.

14.4      Please contact us using the contact details at the top of this page, if you want to discuss:

14.4.1        repair of the goods;

14.4.2        replacement goods;

14.4.3        a price reduction; or

14.4.4        a refund (not including the original delivery cost)

14.5      Please note that all of the above will be subject to the Additional Charges set out in clause 14.6.

14.6      At your request, we can arrange to collect the goods from your address (or other agreed location) on a suitable date and time as agreed between you and us.  Please note you shall be responsible for the following additional costs:

14.6.1          a 20% handling fee;

14.6.2         return delivery charges.

(the Additional Charges)

14.7      Any refunds will be issued within 5 Business Days via the method you made your payment and in any event no later than 14 Business Days after the Seller receives the returned Goods. We reserve the right to deduct the original delivery charges and Additional Charges shall be deducted from the refund.

14.8      Goods must be returned with original packaging and in perfect condition.

14.9      If you do not return goods as agreed we will invoice you for said goods.

14.10    If this contract is ended (either by you or us) it will not affect our right to receive any money which you owe to us under it.

15          Limit on our responsibility to you

15.1      Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any loss or damage to you that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2      These Term apply to the supply of goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16          Disputes

16.1      We will try to resolve any disputes with you quickly and efficiently.

16.2      If you are unhappy with:

16.2.1        the goods; or

16.2.2        any other matter;

please contact us as soon as possible.

16.3      If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

16.3.1        let you know that we cannot settle the dispute with you; and

16.3.2        give you certain information required by law.

16.4      Jurisdiction: If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

16.5      Governing Laws. The laws of England and Wales will apply to this contract.

17          OtHER IMPORTANT TERMS

17.1      Severance. If a court finds part of this contract illegal, the rest will continue in force. 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.

17.2      Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.3      Third party rights. No one other than a party to this contract has any right to enforce any term of this contract.

 

18. KEY INFORMATION

The key information is

(a)          the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services is included on our confirmation email or invoice;

(b)          we, the trader, are William Yeoward Furniture Limited, our address is 270 Kings Road London SW3 5AW and our telephone number is 020 7349 7828;

(c)          the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated is included on our invoice or confirmation email;

(d)          all additional delivery charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable is included in our terms and conditions, on our invoice or confirmation email;

(e)          the arrangements for payment, delivery, performance, and the time by which we, the trader, undertake to deliver the goods or to perform the service is included in our terms and conditions and on our confirmation email or invoice;

(f)           if, at any time, you believe our service or the goods we supply to you could be improved, or if you are dissatisfied with any aspect of our service or goods, you should raise the matter with our Customer Services or the Store Manager or, if you would prefer, you should contact our CEO, at 270 Kings Road London SW3 5AW. We will address your concerns as promptly and carefully as possible and do all that we can to explain the position to you. 

(g)          We remind you that we, the trader, are under a legal duty to supply goods that are in conformity with the contract as referred to in clauses 8 and 9 above.

(h)          we do not provide after-sales service or commercial guarantees;

(i)            your rights and our rights to terminate the contract are included in clauses 12 and 13 above.