On Premises Terms & Conditions
William Yeoward – On-Premises (in store) Terms and Conditions (the Terms)
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 the expected 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 - [email protected]; 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.
1.1 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 in which 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
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.
16.1 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.