TERMS AND CONDITIONS OF SALE
(GOODS) JULY 2021
FOR A FULL COPY OF OUR TRADE TERMS AND CONDITIONS PLEASE CALL THE OFFICE ON 020 8799 7166 OR CONTACT firstname.lastname@example.org PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THIS SITE. YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSES 5.1 – 5.4 (WARRANTY) AND 5.5 TO 5.11 (LIABILITY).
Products and services (Products) are sold and supplied by India Jane (London) ltd on the following retail terms and conditions of sale. Where applicable, special terms & conditions of sale are specified in India Jane catalogues, price lists, other marketing literature or verbally. There will be no exceptions or amendments to these Terms & Conditions
Payment can be made by Mastercard and Visa credit and debit cards, American Express, cash, cheques, Pay Pal and bank transfer. Payment (cleared funds) must be received by India Jane prior to delivery. Non-payment by the due date entitles India Jane to cancel the contract or to suspend deliveries without further notice.
India Jane price lists however communicated, do not constitute an offer. All retail prices are inclusive of value-added-tax.
LAW OF THE CONTRACT
In the case of legal disputes, the law & the courts of England shall apply.
CUSTOMER ORDER CONDITIONS
Any provisions of the customer’s order which conflict with, or are in addition to, the retail terms and conditions of sale or any special terms of business shall be excluded.
Any verbal agreement which does not conform to the present terms, shall not be binding on India Jane unless it has been confirmed by India Jane in writing.
We sell unique and individual pieces of furniture in our shops. These are selected for their aesthetic value and we cannot guarantee their age or provenance. Many items are made from natural materials so please bear in mind that some woods will mellow with age and exposure to light or develop patination with use and will often feature knots and graining. Some Marble and stone can bear veins. Leather goods may not be uniform in colour or texture and they will show natural marks, scars and creases on the hide. Fabrics may vary in colour between batch samples and different types will have particular characteristics such as shading in velvets, some are more prone to creasing, pilling or slubs.
These should not be regarded as defects, but individual features which enhance a naturally unique and beautiful product.
At the point of order, we will advise you of an approximate delivery date. If for any reason the manufacture or supply of your order is delayed through circumstances beyond our control, India Jane shall have the right to either suspend deliveries without notice or cancel the contract without liability. By way of illustration and not of limitation, the following are to be treated as uncontrollable events: strike, lockout, riot, revolution, mobilisation, war, terror attack, epidemic, official regulations, transportation difficulties, working difficulties, machine breakdowns, fires, failure of suppliers, or other causes, whether similar or not.
Quotations are valid until the date specified on the quotation.
India Jane prices do not include delivery costs. These will be communicated to you at the time of ordering.
Scale of delivery charges:
Standard accessories (Courier/IJ): £5.95
Standard furniture - by IJ team to first floor unless lift access to a higher floor, into your room of choice, goods unpacked and rubbish removed: £55.00 MTO Upholstery - 2-man delivery to the room of your choice, unpacked, legs fitted, rubbish removed: £69.00
Oversized furniture - by IJ team (to first floor unless lift access to higher floor): £75.00
Non-standard - Deliveries to: Scottish Highlands & Islands, Isle of Wight, Isle of
Man, Scilly Isles, Channel Islands, N. Ireland & Republic of Ireland and where there are specific access requirements - price on application.
Beds - Delivery & Installation: £ 100.00
Where goods are coming from different sources, goods may be delivered by different companies and at different times.
We are unable to offer storage facilities and will need to deliver your furniture within 14 days of receipt from manufacturer or from point of sale in the case of stock items. Should you have cause to delay the delivery of MTO furniture via our nominated 3rd party delivery service, we charge £15 per week storage. This is payable prior to the final delivery.
In the event of damage to a product, the customer must advise India Jane of any such damage within 48 hours of delivery. No claim for damage will be allowed if advice is beyond this time limit. All such items will be replaced provided the damage was incurred prior to receipt either by the customer or the customer’s carrier.
We are unable to ship abroad but are happy to deliver to customers’ UK shippers. It is the responsibility of the customer to ensure goods are re-packed for onward delivery.
It is the responsibility of the customer to ensure that the furniture ordered will pass freely into the room of choice, to also provide a safe and reasonable means of access from the public highway to the delivery destination which includes providing parking permits as required. Please ensure you take into account all relevant measurements of entrances, stairways etc. In the event of the furniture being too large to be manoeuvred into position, a refund can be issued, less the cost of delivery and return, plus a re-stocking charge of 10% of the value of the goods. This applies only to items ordered from stock and not MTO which cannot be accepted back into stock.
Whilst all measurements given are as accurate as possible, these are nevertheless approximate.
You should also take precautions to protect your property at point of delivery and so avoid accidental damage i.e. cover floors/carpets & remove breakable items such as pictures or ornaments.
If you are unable to accept delivery on the agreed date, we reserve the right to charge you further for any additional deliveries.
RETURNS & CANCELLATIONS
Goods may be returned for exchange, refund or credit note within 14 days of the purchase date or date of delivery, providing they are returned to the store where the purchase was made, in perfect, saleable condition, in the original packaging and accompanied by a receipt. The customer is entirely responsible for the transportation and packaging of such goods
Orders for stock items that have been purchased in store may be cancelled within 48 hours of order being placed without charge if they have not left the store. Goods in transit will incur a 5% re-stocking fee.
Please note – ex-display items and clearance items are non-returnable. This does not affect your statutory rights.
Made to Order items and Special Commissions cannot be cancelled or returned.
Our Made to Order Upholstery carries a 5 or 10 year guarantee on the frame. Beds - 5 years, Mattresses - 5 years. IJ stock furniture is guaranteed for 1 year.
This guarantee is against faulty workmanship and/or faulty materials. It does not cover fair wear & tear, neglect, abuse or misuse of goods, loss or damage (including rusting & corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidental damage or loss caused by third party.
In the event of a claim under guarantee occurring, please contact us with the following information: - your order number, your address and contact details a summary of the problem, as well as photographs showing the fault. Upon proof of fault, we will endeavour to repair the defective goods free of charge. If a repair is not possible, you will be offered a replacement. If a suitable replacement is not available, you will then be offered a full refund.
TITLE & RISK
Until full payment has been received by India Jane for all products, the property of the products shall remain that of India Jane.
Where payment is made by cheque, India Jane shall not be deemed to have received payment until the cheque is cleared.
Notwithstanding the foregoing, risk in the products shall pass to the customer on delivery except where the customer requires a special method of shipment, in which case risk shall pass to the customer when the products leave India Jane’s premises.
India Jane reserves the right to alter or amend these Retail Terms and Conditions of Sale.
2.2 These Terms constitute the entire agreement between You and Us and govern Your use of the Site superseding any prior agreements between You and Us
2.3 You agree that no joint venture partnership employment or agency relationship exists between You and Us as a result of Your use of the Site and therefore acceptance of these Terms
2.4 We may collect information on what pages are accessed or visited by You and information volunteered by You such as Your contact details and/or any site registrations. We may use this information for internal review and in order to improve the Content of the Site
2.5 Where We collect information from You via Your access and use of the Site and You voluntarily submit to Us such information while using the Site Our use of Your information will be governed by these Terms. Please read these Terms carefully before using the Site
2.6 If You do not agree to all of these Terms You may not use the Site which is owned and operated by Us
2.7 If You have any comments suggestions or questions about these Terms and/or the Site and/or Us generally You can contact Us by sending an e-mail to email@example.com or by writing to India Jane (London) Limited at the address above.
2.8 Your obligations with which We require you to comply and conduct whilst using this Site which We deem acceptable is set out in Our Acceptable Use Policy
2.9 If any provision of these Terms is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
3. Intellectual Property:
3.1 The Content appearing on the Site is displayed for personal non-commercial use only
3.2 All software used on the Site and all Content included on the Site (including without limitation site design text graphics audio and video the selection and arrangement thereof and the underlying source code) is Our property or that of Our suppliers and is protected by international copyright and other applicable laws
3.3 All trademarks service marks and logos used on the Site from time to time are the trademarks service marks or logos of their respective owners
3.4 None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal non-commercial home use only provided that all copyright and proprietary notices are kept intact
3.5 Modification of any of the Content or use of any of the Content for any purpose other than as set out herein including without limitation on any other website or computer network is prohibited
3.6 If You breach any of the Terms of this legal notice Your permission to use the Site automatically terminates and You must immediately destroy any downloaded or printed extracts from the Site
3.7 Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to firstname.lastname@example.org
3.8 We have made every effort to secure where appropriate licenses and clearances for all third party intellectual property used on the Site. You may notify Us of alleged intellectual property rights infringement by contacting us via e-mail at email@example.com
3.9 The details of the information provided by You when completing forms on this Site are provided to Us by You. We cannot and do not verify the details and therefore make no warranties or representations as to their accuracy or completeness. You rely on the accuracy of the information that You submit via this Site at Your own risk.
4. Links to third party websites:
4.1 The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for Your convenience and do not constitute any endorsement by Us of the websites linked or referred to nor do We have any control over the content of any such websites
4.2 We have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If You decide to access third party websites through links on the Site You do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites
5. Warrant and Liability:
5.1 Whilst We endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, We do not warrant that such material will be free from infection, viruses and/or similar code.
5.2 Due to the nature of software and the internet, We do not warrant that Your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if We cannot process Your details due to circumstances beyond Our reasonable control.
5.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst We endeavour to ensure that the information on the Site is accurate, complete and up-to-date We make no warranties or representations that this is the case.
5.4 We make no warranty or guarantee that the Site or information available on it complies with laws other than those of England.
5.5 Nothing in these Terms will be deemed to exclude Our liability to You for death or personal injury arising from Our negligence, or for fraudulent misrepresentation.
5.6 Subject to clause 5.5, We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Our reasonable control.
5.7 Subject to clause 5.5, We do not accept any liability for loss of Your password or account ID (as may exist from time to time) caused by a breakdown, error, loss of power or otherwise caused by or to Your computer system.
5.8 We may put in place such systems as We from time to time see fit to prevent automated programs being used to obtain unauthorised access to Our system and this Site. You are not permitted to Use automated programs for such purposes and any such Use or attempted Use by You of such automated programs is at Your own risk. Subject to clause 5.5, We shall not be liable to You for any consequences arising out of or in connection with any such use or attempted Use of automated programs to obtain unauthorised access to Our system or this Site.
5.9 Subject to clause 5.5, We accept no liability for any loss suffered as a result of Your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
5.10 Subject to clauses 5.5 to 5.8 inclusive, We shall not be liable to You for:
5.10.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
5.10.2 loss of profit;
5.10.3 loss of business;
5.10.4 loss of reputation;
5.10.5 depletion of goodwill; or
5.10.6 loss of, damage to or corruption of data.
5.11 If You are a consumer this legal notice does not affect the legal rights which You have under law which cannot be excluded or limited. If You want to know what these rights are You should contact Your local Citizens Advice Bureau
6. Your account and registration:
6.1 If from time to time We offer and You have an account with Us then You are responsible for maintaining the confidentiality of this account ID and any related passwords for Your restricting access to Your computer and/or account. You agree to accept responsibility for all activities that take place under Your account ID and/or passwords. You will notify Us immediately of any unauthorised use of them or any other breach of security of this Site of which You become aware.
6.2 At Our discretion we may refuse Your application for registration. If We accept Your application for registration, we will confirm this by sending You an email containing your account ID.
6.3 Each registration is for a single user only. You may not share Your username and password with any other person nor with multiple users on a network.
6.4 You undertake that all information provided by You for the purposes of registering with us is accurate and complete.
6.6 We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such material and all data images sounds text and other things embodied therein for any and all commercial or non-commercial purposes
6.7 In accordance with and without prejudice to our Acceptable Use Policy You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening defamatory obscene indecent seditious offensive pornographic abusive liable to incite racial hatred discriminatory menacing scandalous inflammatory blasphemous in breach of confidence in breach of privacy or which may cause annoyance or inconvenience or
(b) for which You have not obtained all necessary licences and/or approvals or
(c) which constitutes or encourages conduct that would be considered a criminal offence give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in the United Kingdom or any other country in the world or
(d) which is technically harmful including without limitation computer viruses logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data or
(e) which facilitates Your misuse of the Site including without limitation hacking
6.8 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions
7. Termination/Barring users from this site:
We reserve the right to bar You from this Site and/or restrict or block Your access or use of any and all elements of our services, including without limitation terminating Your use of Your password and/or account ID, on a permanent or temporary basis at Our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
8.1 The Site may contain advertisements by third parties and these advertisements may contain links to other websites
8.2 Unless otherwise specifically stated We do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site
9.1 You agree to indemnify and hold Us Our officers employees agents consultants franchisees and suppliers harmless from and against any claims actions or demands liabilities and settlements including without limitation reasonable legal and accounting fees resulting from or alleged to result from Your use of the Content of the Site in a manner that violates or is alleged to violate these Terms
9.2 We shall provide notice to You promptly of any such claim suit or proceeding and shall reasonably co-operate with You at Your expense in Your defence of any such claim
10. Force majure:
We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond Our reasonable control including but not limited to failure of equipment or communication lines telephone or other interconnect problems computer viruses including logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data unauthorised access theft operator errors severe weather earthquakes or natural disasters strikes or other labour problems wars or governmental restrictions
11. Access Outside England:
11.1We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries
11.2If You access the Site from outside England You do so at Your own risk and are responsible for compliance with the Laws of Your jurisdiction
11.3Recognising the global nature of the internet You agree to comply with all local rules regarding on line conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside
12.1 All notices shall be given:
12.1.1 to us, by email to firstname.lastname@example.org or by post to the address set out above
12.1.2 to You, by email to the email address that you provide to Us at the point of Your registration, as may be amended by You either by using this Site (as available from time to time) or by otherwise contacting Us with updated details.
12.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received three (3) working days after the date of posting.
These Terms are governed by and construed in accordance with English Law unless You live in Scotland in which case these Terms will be governed by Scots Law and You and We irrevocably agree that the UK Courts shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the UK Courts
14. Notification of changes to theres terms:
14.1We reserve the right at Our sole discretion to add to or change these Terms
14.2 If We publish any changes We will let You know by posting such changes to this page and/or by posting notification of the change to our Site homepage or by sending You an email
14.3Once We have posted any such changes it is then Your responsibility as a user to ensure that You are aware of such changes from time to time
14.4Changes will become effective 24 hours after first posting and You will be deemed to have accepted any change if You continue to access the Site after that time
© 2019 India Jane (London) Limited
All rights reserved.