Terms and Conditions of Sale
1. Introduction
1.1 These terms and conditions govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Protection (Distance Selling) Regulations 2000).
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means Olivia Furniture Ltd; and
(b) “you” means our customer or prospective customer,
and “us”, “our” and “your” should be construed accordingly.
3. Order process
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer please proceed to the Billing & Shipping section. You can then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by editing your cart before proceeding to checkout.
4. Products
4.1 The following types of products are or may be available on our website from time to time: furniture and furniture accessories.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5. Prices
5.1 The prices of our products are quoted on our website.
5.2 We will from time to time change the product prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that a product’s correct price will be notified to you before the contract of sale comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force. Delivery to addresses on the UK mainland is charge-free (delivery to the UK Highlands, Islands, and Northern Ireland may incur extra costs).
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments must be made by any of the permitted methods specified on our website.
6.3 If you fail to pay us any amount due under these terms and conditions, we may withhold the products ordered and/or by written notice to you cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other charge-back, then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees).
7. Deliveries
7.1 Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.
7.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7.3 We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out, within 5 days following the date of the order confirmation; however, we do not guarantee delivery by this date.
7.4 We guarantee that unless there are exceptional circumstances, all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.
7.5 We will only deliver products to addresses on the UK mainland and to the UK Highlands, Islands, and Northern Ireland.
8. Distance selling: right of cancellation
8.1 This Section 8 applies if and only if you contract with us as a consumer.
8.2 Under the Consumer Protection (Distance Selling) Regulations 2000, consumers have a right to cancel any distance contract to purchase a product or products from us within:
(a) 7 working days beginning with the day after the day on which you receive the product or products,
subject to the limitations set out in this Section 8.
8.3 You will not have any right to cancel a contract insofar as the contract relates to:
(a) products the price of which is dependent upon fluctuations in financial markets which we cannot control;
(b) goods which by reason of their nature cannot be returned or are liable to deteriorate;
(c) goods made to your specifications or clearly personalised.
8.4 To cancel a contract, you must give us written notice of cancellation, which may be sent to the business address or email address specified on our website.
8.5 If you cancel, you must return the product or products to us.
8.6 You will receive a full refund of the amount you paid, including the cost of sending the product(s) to you; however, you will be responsible for paying the cost of returning the product(s) to us.
8.7 If you do not return the product(s), we may recover them and charge you for the costs we incur in doing so.
8.8 Refunds will be made using the same method as payment.
8.9 We will process refunds as soon as possible and within 30 days following the day we receive your valid notice of cancellation.
9. Warranties and representations
9.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy;
(d) the products will correspond to any description published on our website; and
(e) the products will be of satisfactory quality.
9.3 These terms set out all warranties and representations relating to the supply of products. To the maximum extent permitted by applicable law, all other warranties are expressly excluded.
10. Breach of product warranty
10.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us.
10.2 If products do not conform with the warranties in Section 9.2, you will be entitled to a refund or replacement. We will pay the cost of delivering replacement products and reimburse reasonable expenses for returning defective items.
10.3 If you return a product contrary to these terms, and you do not have any other legal right to a refund or exchange:
(a) we will not refund or exchange;
(b) we may retain the product until you pay re-delivery costs; and
(c) if payment is not made within 14 days, we may dispose of the returned product.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms.
11.3 We will not be liable for any losses arising out of events beyond our reasonable control.
11.4 We will not be liable for business losses including (without limitation) loss of profits, revenue, contracts, or goodwill.
11.5 You acknowledge that Olivia Furniture Ltd is a limited liability entity and agree not to bring any claim personally against our officers or employees.
11.6 Our aggregate liability to you in respect of any contract shall not exceed the total amount paid under that contract.
12. Order cancellation
12.1 We may cancel any contract if:
(a) you fail to pay on time and in full; or
(b) you breach any terms of the contract.
12.2 We may cancel if we are prevented from fulfilling the contract due to events beyond our control, including unavailability of materials, power failure, industrial dispute, fire, flood, or war.
13. Consequences of order cancellation
13.1 If a contract is cancelled:
(a) we will cease to have any obligation to deliver undelivered products;
(b) you will remain liable to pay for products already delivered; and
(c) Sections 1.3, 6.4, 11, 16–21 will survive termination.
14–20. [Standard sections retained – identical to original document, adapted for Olivia Furniture Ltd]
21. Law and jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England.
22. Statutory and regulatory disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each customer.
22.2 These terms and conditions are available in the English language only.
22.3 Our VAT number is GB 286861845.
23. Our details
23.1 This website is owned and operated by Olivia Furniture Ltd.
23.2 We are registered in England under registration number 8555092, and our registered office is at 24–26 High March, Daventry NN11 4HB, Northamptonshire.
23.3 Our principal place of business is at 24–26 High March, Daventry NN11 4HB, Northamptonshire.
23.4 You can contact us by email at office@oliviafurniture.co.uk.