Please see clause 14 for details of your statutory rights to cancel your order.
Please see clause 15 which summarises your statutory rights with respect to faulty products.
Please see clause 16 setting out the terms of our ten year guarantee.
Please see clause 17 setting out limitations and exclusions of our liability.
You must be eighteen (18) years of age or older to purchase from us.
We only offer contracts in the English language.
You should keep a copy of this document for future reference.
1. About This Document
This document sets out the terms and conditions applicable to the sale of products and services by us (our “sales terms”). These sales terms apply to all orders made on or after the date of this version of the terms shown above. Please read these sales terms carefully before ordering any products from us. By ordering any of our products, you indicate that you accept these sales terms and that you agree to abide by them.
2. Information About Us
nyde.co.uk is a site operated by Nyde, a trading name of Freely Creative Limited. When you purchase our products, your contract will be with that company. We are a company registered in Great Britain, with company number 07279436. Our registered office is at 11 Laura Place, Bath, BA2 4BL.
In these sales terms: the “contract” is the contract which incorporates these sales terms; the “contract terms” are these sales terms and the other terms detailed in clause 5 below; the “delivery charges” means the delivery charges as stated in your order or any order confirmation email we send to you; the “delivery address” means the delivery address as determined in accordance with clause 9.2; the “products” means the products you are purchasing under the contract as stated your order; the “price” means the price of the products, services and/or third party warranties as stated in your order; your “order” means your order to us for any products, services and/or third party warranties which is submitted by you and accepted by us on these sales terms, and which, if made through our website, is set out in the checkout and other ordering pages generated by our website and submitted by you through our website, and if made by telephone, your order details as discussed and established in that telephone call, as may be confirmed by any order confirmation email we send to you; “other charges” mean any other charges or fees in addition to the price and delivery charges, as stated in your order or the contract terms; “services” means any services you are purchasing under the contract as stated in your order, including the application of fabric protection chemicals to your product (such as Staingard); “third party warranty” means any warranty or insurance product provided by a third party concerning the breakdown, loss or damages to your products, which we are procuring on your behalf under your order (such as the Staingard warranty); “you” and “your” means the person purchasing the products from us; “we”, “us”, “our”, “Nyde” and “nyde.co.uk” means Freely Creative Limited. trading as Nyde; the “website” or “site” means nyde.co.uk and any other website through which you ordered the products, services and/or third party warranties; and working or business day means Monday to Friday, except bank or other public holidays; and references to the “UK” or “United Kingdom” mean the United Kingdom of Great Britain and Northern Ireland, including the dependencies of the Channel Islands and the Isle of Man, but not any British overseas territories.
4. How The Contract Is Formed Between You And Us
4.1. Your order
Your order to us is your offer to purchase the products, services, and third party warranties you have ordered, on and subject these sales terms, and subject to our acceptance of your order. You are entitled to withdraw your order at any time up to the moment that we accept it.
4.2. Our acceptance
Your order is accepted, and the contract is made, when we send you an email or other written communication confirming receipt of your order, or if we do not send such an email, when we despatch the products or the first instalment of the products to you.
4.3. If we decline your order
If we decline your order, before acceptance, for any reason, we will normally email or telephone you to inform you, and give you our reasons. We may decline your order before we have accepted it for any reason at our sole discretion, and we may decline your order in whole or in part.
4.4. Multiple items
If your order lists more than one product, service or third party warranty then there shall be considered to be a separate and independent order and contract for each of them.
5. Contract Terms
The terms of the contract will comprise the following:-
5.1. General Terms
The following general terms: (a) these sales terms; (b) any general delivery, installation and returns information published by us on our website at the time of your order, setting out (among other things) delivery and returns charges and methods, installation service description, delivery locations, timescales, and restrictions; and (c) any terms or rights implied into or applied to the contract by any statute or law applicable to the United Kingdom (but the United Nations Convention on Contracts for the International Sale of Goods is excluded).
5.2. Order Specific Terms
The specific terms of your order (including description and quantity of products ordered, price and delivery and other charges applicable, your details, delivery address, billing address, and payment method and payment details) set out in the checkout webpages (for website orders) generated by our website and sent to your web browser and submitted back by you, or (for telephone orders) as agreed orally in your telephone call with us. In each case, these order specific terms may confirmed by us in any written acknowledgement or acceptance of your order which we send to you.
6. Sale And Purchase
6.1. General Agreement
On acceptance of your order, we agree to sell to you and you agree to purchase from us the products specified in your order.
The products and services to be provided by us, and any the third party warranties to be procured by us, will correspond to the essential characteristics, description and specifications set out in our website and in your order at the time when you submitted your order, subject to the following terms.
7.2. Natural wood products
Products which are made of natural wood are likely to vary in appearance, grain pattern and texture and tone both within individual products themselves and between products in a particular range or design, with the effect that no two items are identical, and no item may exactly match any sample.
7.3. Distressed finish
Where distressed finish is applied to a product, the results may vary from product to product in finish and appearance. The distressed finish may appear as splits or cracks, marks, scars, wood filling, knots, scratch marks, incomplete paintwork or lacquer, or antiquing.
7.4. Finish in surfaces
Due to the inherent inconsistencies in the absorbency of wooden surfaces, the finish of painted or polished furniture may vary and the wood will mellow with age. It is not unusual or a fault if wooden furniture cracks or splits as part of the natural and normal settlement of the timber.
7.5. Alteration of specification
We may alter the specification of the products where such alteration does not materially affect their quality or performance.
We use reasonable efforts to make our products as accurately as possible, however measurements are approximate, and your products may not precisely conform to any measurements provided. You agree that all products may be supplied with dimensions which are up to +/- 20mm of the stated dimension, including to allow for variances in fabric pile.
7.7. Fabric batches
Fabric batches may vary. We endeavour to make the whole of your order using material from the same batch; however, we cannot guarantee that all the products in your order will precisely match or that subsequent orders for products with the same type of fabric will match any previous orders for products with that type of fabric.
7.8. Fading and discolouration
You agree that the products will be subject to such fading or discolouration due to exposure to direct or indirect sunlight as is normally to be expected for products of this type in the industry. We cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
7.9. Cleaning and care
We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. You agree to comply with our general advice and recommendations as to use, care for and cleaning of the products as set out in our website and provided with our products.
While we try to ensure that the products are as close as possible to those displayed online or in any fabric swatch supplied by us, we cannot guarantee a perfect match.
8. Price And Payment
8.1. Price, delivery charges and other
You agree to pay the price, delivery charges and any other charges stated in your order and these contract terms, in accordance with the contract terms. The price, delivery charges and any other charges are stated inclusive of value added tax. The other charges include any export or import costs and taxes under clause 8.2.
8.2. Payment with order
Unless otherwise stated in the contract terms: payment of the price, delivery charges, and any other charges must be made with your order; we must receive payment for the whole price, delivery charges and all other charges before your order can be accepted; and we are not obliged to process your order, produce or dispatch any products, provide any services, or procure any third party warranties, until payment in full has been received by us.
8.3. Payment currency
You must pay in the currency in which the price, delivery charges, and any other charges are stated by us.
8.4. Payment methods
We accept payment by MasterCard and Visa, and such other cards as may be stated on our website from time to time. You authorise us to take payment from any card or other payment service for which you provide details at the time of, or at any time after you have submitted, your order, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason we will tell you. If you send payment by post, then you take the risk of the theft, loss or damage of your payment instrument in the post.
9. Delivery Arrangements – General
9.1. Arrangement of delivery
When your products are ready our carrier will contact you to arrange the specific delivery date and time window with you. Once you have agreed a specific date and time for delivery, you must strictly adhere to this and ensure that you are available to take delivery at that date and time.
9.2. Delivery address
Delivery will be to the delivery address stated in your order. If no address was stated, then delivery will be to the address at which your payment card is registered, or if that is not available, to any other address you have provided in any website account with us.
9.3. Delivery days
We only deliver on the days and within the times set out in the delivery information pages on our website. Any statements as to delivery within a number of days should be read accordingly.
We will wherever possible deliver all products in your order at the same time. If this is not possible we will contact you and may deliver those products by instalments as they become available. This will not affect your rights to cancel or terminate the contract.
10. Delivery Timescales
10.1. Delivery date
We will use reasonable efforts to deliver the products, provide the services, and procure the third party warranties, by the delivery date or within the delivery timescales stated in your order, or if not so stated, the delivery date or delivery timescales as stated in any other contract terms, or if no contract terms specify this information, in accordance with the standard delivery timescales stated on our website. At least one colour option of each model of our sofas are available for delivery within 3 working days. Other colour options, as indicated on our website, are not held as stock in the UK and made to order, resulting in longer delivery times of up to 16 weeks.
10.2. Events outside of our Control
Without prejudice to your statutory rights, we are not responsible for delay in supplying or delivering or failure to supply or delivery any products, services or third party warranties, if this delay is due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a problem, and give you an opportunity to cancel your order, in which case we will refund all amounts paid by you to us under the order, as well as giving you an opportunity to continue with the order if possible, in which case we will agree with you a revised time for delivery as soon as we are in a position to continue performing the order.
11. Receipt Of The Products By You
11.1. Your failure to receive the products
If delivery is attempted within any agreed window under clause 9.1 and you are not present to collect the products or you unreasonably refuse to take delivery of the products, then clause 11.6 shall apply.
11.2. Access for delivery
It is your responsibility to ensure that there is safe adequate access to the delivery address for the products you have ordered, taking into account the size, weight and bulk of the products you have ordered. If we are unable to offload the products ordered due to inadequate access, then clause 11.6 shall apply.
11.3. Installation of products
We will deliver the products to any ground floor room at the delivery address as you may choose, and as part of this carry the products to that room. We will not deliver products upstairs unless our delivery team deem it safe to do so.
If you have purchased a sofa or an extending glass table with us, we will unpack the products and assemble the products (if they do not arrive fully assembled). In case of tight spaces, the couriers will remove arms or legs/castors (where the product is designed to have removable arms, legs or castors) and assemble once in the room of choice. You must allow us to do this at the time of delivery.
For all other products, we will not unpack or assemble these products.
It is your responsibility to ensure that the room is adequate for the size of the products and to ensure that there is an adequate access route from our delivery vehicle to the room taking into account the size, weight and bulk of the products you have ordered. You must measure the room and the access to the room correctly, and check they accommodate any dimensions of the products. If we are unable to deliver the products to the room due to the products being too big to fit in the room or to fit through the interior of the delivery address (including stairwells and doors) then clause 11.6 shall apply.
11.4. Checking on delivery and signing delivery note
All deliveries must be unpacked and checked on delivery, and you must sign our delivery papers before we will release the products to you. Signing for delivery is for simple proof of receipt purposes and to confirm receipt of the products as ordered and will not affect any of your other rights. Please make sure you keep the packaging and packing list enclosed with your products, as this will be important if you return the products later on.
11.5. Your inspection on delivery
You should check that you have received all of the products you ordered, and inform us as soon as you can if you think anything is missing, not as ordered, damaged, or not in working order. You should call us on 020 8004 5657, or email us at firstname.lastname@example.org as soon as you can within 48 hours of delivery to let us know about any item which is damaged. We may require proof of damage from you by way of a photograph to help us assess the damage and facilitate a repair, replacement or refund of the damaged products. However if you fail to provide such proof, this will not affect your statutory rights.
11.6. Consequences of delivery failures caused by you
Where this clause 11.6 is applied by a clause above, then this means that we shall have the following rights: (a) for legal purposes, including your cancellation rights, delivery will be deemed to have been made; (b) we may abandon any delivery attempt and shall cease to be obliged to deliver or install the products, so that you will be responsible for collecting them from us; (c) we may charge you our reasonable costs of returning the products to our depot; (d) we may make a reasonable storage charge; (e) we may make a reasonable charge or additional delivery charge for re-delivering the products at another time; (f) we will enable you to collect the products from our depot or we may (at our discretion) agree to a further delivery attempt at further delivery charge to which these contract terms shall apply; (g) we will store the products for a maximum of 2 months, after which we may sell the products, in which case we may account to you for the proceeds less our reasonable storage costs and all other amounts payable by you to us under the contract.
Risk in the products shall pass to you when they come into your physical possession or that of any person identified by you to take possession of the products, or of any carrier you commissioned to collect the products from us and transport them to you; or when our courier service hands over the products to any person whom you authorise to collect them from a postal or courier service; or otherwise when we leave the products at a place or with a person in accordance with any express delivery instructions received from you. Risk in any returned products shall pass back to us only when they come back into our physical possession, or that of any person identified by us to take possession of the returned products, or any carrier commissioned by us collect the products from you and transport them back to us.
Title to the products passes to you on delivery EXCEPT THAT if the price or any other amount payable by you is outstanding at delivery, then: (a) title is retained by us until you have paid in full the price and all other amounts payable under the contract; (b) we may still sue for the price, notwithstanding that title has not passed; (c) your right to possession and use of the products shall cease if any amount payable by you under the contract becomes overdue, and we shall be entitled to enter any premises where the products are kept for the purposes of repossessing them in such event.
14. Your Statutory Cancellation Rights
Where you are a consumer, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. This right is in addition to your statutory rights for defective products as summarised under clause 15 below. The following terms summarise the right and set out the applicable procedures.
14.1. Cancellation deadline – Products
You can exercise this right by giving us notice before you receive the products, or by giving notice no later than 14 days after the day you received the products (the “cancellation deadline”). If the contract covers multiple products, then the cancellation period runs from the delivery of the last of those products.
14.2. Cancellation deadline – Services and Third Party Warranties
In the case of services or any third party warranty, you can exercise this right no later than 14 days after the day the contract was formed (the “cancellation deadline”), if you want to cancel this independently of cancelling the products. If you cancel any order for any product, then this cancellation will also be a cancellation of any third party warranty procured for such product and any order for services in relation to such product.
14.3. Service contracts
In the situation where we agree to provide services, then you confirm that you request the services begin before the end of the cancellation deadline, and you agree that if you subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
14.4. How to exercise your right to cancel
To exercise you right to cancel, you must inform us of your decision by a clear statement to us. It is sufficient to meet the cancellation deadline if you send your statement before the cancellation deadline, even if we do not receive it until after the cancellation deadline. You can, but are not obliged, to exercise your right to cancel by: telephoning us on 020 8004 5657; e-mailing us email@example.com; or writing to us at Nyde, 256-260 Old Street, London, EC1V 9DD. It would be helpful if you could quote your order reference number, but don’t worry if you cannot, as it won’t affect your rights. You may use the model cancellation form, below, but it is not obligatory:-
|Model cancellation form|
To: Nyde, 256-260 Old Street, London, EC1V 9DD
[I/We] hereby give notice that [I/We] cancel [my/our] contract of sale of the following products:
Product Name Ordered On Received On
[ ] [ ] [ ]
Customer Name: [ ]
Customer Address: [ ]
(only if this form is notified on paper),
14.5. Condition of products returned
If you handle the products more than is necessary to establish the nature, characteristics and functioning of the products then you are obliged to pay to us the amount by which the value of the products has been diminished as a result of this handling, up to, but no more than, the original price of the products. This includes if you return the products with damage that was not present on delivery or missing anything that was present on delivery. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which we are obliged to make to you.
14.6. Return of the products and costs of return
If you exercise your right to cancel, we will collect all large items sofas from the delivery address they were originally delivered to at no additional charge to you, and you must make them available to us for collection without undue delay, and in any event not later than 14 days after you informed us of your decision to cancel. However, if the products are at an address other than the original delivery address, then you must pay our direct costs of collecting the products from you. If you do not hand over the products when arranged, then we may also charge you our direct costs for each failed collection attempt. You agree that that we may deduct any costs payable by you under this clause from any refund which we are obliged to make to you. The products are at your risk until they have been returned to us, and accordingly we recommend that you insure the products accordingly under your household insurance. Please note that the free collection of unwanted products does not apply to small and medium sizes items on their own and these must be returned to us at your own cost. It is your responsibility to ensure that these arrive with us as we do not accept liability for goods lost or damaged in transit.
If you cancel, we will reimburse to you all payments received from you under the contract with respect to the cancelled product or service, including the price, delivery charges and any other charges; but if you chose a type of delivery which costs more than the least expensive type of standard delivery offered by us for your delivery address, then we will not be obliged to refund you any additional delivery charges in excess of the cost of such standard delivery. We may deduct from your refund all amounts which are payable by you under this clause 15 including the costs of return of the products, any diminution in the value of the products, and payments due for services provided with your agreement or at your request. You will not incur any additional fees as a result of the reimbursement.
14.8. When and how your refund will be given
We will provide the refund without undue delay, and not later than 14 days of the day you informed us of your decision to cancel. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. With respect to services, your refund will be made within 14 days of the date of cancellation.
15. Your Statutory Rights For Defective Products And Services
Your main rights under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are summarised below for information purposes only:-
15.1. Title and quality of products
Statute implies into the contract terms that we will pass good title to the products, that the products will comply with their description, that the products will be of satisfactory quality, and that the products will conform to any sample provided.
15.2. Quality of services
Statute implies into the contract a term that we will provide all services with reasonable care and skill.
15.3. Rejection and refund
If the products were not in conformity with the contract at the time of delivery, you may, depending on the seriousness of the non-conformity, be entitled to reject the products and claim a full refund. However, you may lose this right if you do not reject the products when you have had a reasonable opportunity to examine the products to ascertain that they meet the requirements of the contract.
15.4. Financial compensation
If the products were not in conformity with the contract, you may also have a legal right to ask for financial compensation (known as damages) for loss you suffer, subject to clause 17 below.
15.5. Repair or replacement
If you are a consumer, you may have certain additional rights under statute to request a repair or replacement, which we summarise as follows for information: If the products were not in conformity with the contract at the time of delivery, or if they do not conform to the contract within 6 months after delivery, you may be entitled to ask us to repair or replace the products, at our cost, within a reasonable time and without causing significant inconvenience to you. We are, however, only obliged to repair or replace the products where it is possible and not disproportionate when compared with the following alternatives: repair (if you ask us to replace), replacement (if you ask us to repair), giving you a partial refund, or your cancelling the contract and getting a full refund. If we do not provide a repair or replacement remedy, or we undertake to repair or replace and fail to do so within a reasonable time, then you may either (a) elect to keep the products and ask for an appropriate partial refund; or (b) elect to return the products for a full refund. If repair or replacement is not possible or is disproportionate, or we fail to repair or replace the products within a reasonable time at our cost, you may keep the products and ask for a reduction in price, or cancel the contract and get a full refund. If you return the products for a full refund, we are entitled to reduce any refund to take account of any use you have had of the products since they were delivered to you.
16. Ten Year Structural Guarantee
Each piece of Nyde upholstery has been individually hand crafted. We offer the following ten year structural guarantee in this Clause 16 on upholstered frames and spring systems in our footstools, armchair and sofa products (the “guarantee”). Please note however that products with exposed frames are not covered by the guarantee. This guarantee is provided in addition to your statutory rights and does not affect those, such as the implied term that the products will be of satisfactory quality. For information concerning these rights, please see Clause 15.
16.2. What parts of the product are covered by the guarantee
This guarantee covers the following parts of the product only (the “covered elements”):-
16.2.1. Frames, comprising of frame beams, and joins, such as dowel, block, glue, and screws, staples, and braces.
16.2.2. Spring systems, comprising of wire seat springs, back springs, and their securings, such as clips and tie wires.
16.3. What we guarantee
We guarantee that the covered elements will be free from material defects in materials and manufacture under normal domestic household use for the guarantee period.
16.4. Your eligibility
You may only claim under this guarantee if all of the following apply to you:-
16.4.1. You were the original purchaser of the product from us;
16.4.2. You are an individual who purchased on your own account for your own domestic household use;
16.4.3. You are able to provide proof of the purchase contract between you and us;
16.4.4. You were resident in the United Kingdom at the time of purchase, and are resident in the United Kingdom at the time of claim.
16.5. Product eligibility
You may only claim under this guarantee if all of the following apply to the product:-
16.5.1. The product is a footstool, armchair or sofa;
16.5.2. The product does not have an exposed frame;
16.5.3. The product description does not expressly exclude the ten year guarantee;
16.5.4. The product has all times only been used for domestic household purposes – for instance, the guarantee shall be void if the products have at any time been used other than in your own home, or for business purposes, such as in a nursing home or office;
16.5.5. The product was originally delivered to your home in the United Kingdom, and is present at your home in the United Kingdom when your claim is made and at all times during the claims process;
16.5.6. The product was sold as new and at full price – this guarantee does not apply to pre-owned products or products sold as part of any sale or offer;
16.5.7. Any identification marks that we included on the product to link it to your order must be present.
16.6 Specific problems not covered
This guarantee does not cover the following or anything arising from or caused by the following:-
16.6.1. Damage, wear and tear or other external cause, including (without limitation) overloading the product.
16.6.2. Failure to take reasonable care of the product, or use it reasonably, or clean it properly, in accordance with any reasonable care and usage guidelines we may issue.
16.6.3. The fabric covers and upholstery, any wear and tear to them, the fixing of the fabric to the frame, or the fabric becoming loose and needing re-upholstering.
16.6.4. The cracking of wood due to extreme changes in room humidity or direct heat source (such as air conditioning and radiators).
16.7. Events which make the guarantee void
This guarantee will become automatically void if any of the following events occurs:-
16.7.1. The product is at any time used other than for your own domestic household use, including where it is used for a business, in a care home, or for rental or commercial purposes.
16.7.2. The product is at any time disassembled, altered, modified, adjusted, repaired, or re-upholstered, other than by us.
16.7.3. If you sell the product, or hire, loan or give it to someone else, or cease to be the owner of the product, even if you later get the product back.
16.7.4. You fail to honour any arrangements made below for the handling of the guarantee claim.
16.7.5. The product has at any time been taken outside the United Kingdom.
16.8. What is your remedy under this guarantee?
If you make an eligible and valid claim under this guarantee, then we will provide one of the following remedies at our sole option:-
A repair of the product. If we propose a repair, but do not complete this within a reasonable time, then we will offer a remedy under Clause 16.8.2 or 16.8.3 at our sole option. If we repair the product, then this guarantee will continue to apply, for the remainder of its original guarantee period. We may at any time abandon a repair and offer you a replacement or refund instead under Clause 16.8.2 or 16.8.3 at our sole option. If we replace a part, title to your original part shall pass to us and we may keep it.
A replacement of the product. If the fabric is not available or not the same, we will let you choose, and you must accept, a replacement fabric of the same value. If the same model and design of product is not available, we may offer you a comparable model and design, but you will have to pay the difference in price if one exists, and you will not be obliged to accept this offer. If we propose a replacement, but do not provide this within a reasonable time, or if we cannot offer you the same model or design and you do not accept an offer of an alternative model or design, then we may offer a repair under Clause 16.8.1, if we have not already done so, or a refund under Clause 16.8.3, at our sole option. If we replace the product, title to your original product shall pass to us and we may keep it. If we replace the product then this guarantee shall cease, and the replacement product will not be covered by this guarantee. We may at any time abandon a replacement and offer you a repair or refund instead under Clauses 16.8.1 or 16.8.3, at our sole discretion.
A refund of the price you originally paid for the product (excluding delivery, service charges, payments for any third party protection or warranty, and other charges). If we refund the price, title to your product shall pass to us, you shall hand it over to us on request, and we may keep it. This remedy shall apply if neither a repair under Clause 16.8.1 or a replacement under Clause 16.8.2 is provided by us.
16.9. No other remedy available, and maximum liability
Your sole remedy and our sole liability under this guarantee is that provided by us under Clause 16.8 above. Our total maximum liability under this guarantee is limited to the original purchase price (excluding delivery and other charges).
16.10. When can you make a claim?
You must make your claim under this guarantee within the guarantee period, and without undue delay after discovering the problem.
16.11. What is the claims handling process?
Please contact us by phone on 020 8004 5657, or by email at firstname.lastname@example.org, in the event of a claim under guarantee occurring. You must make the product available at your home in the United Kingdom for inspection, and repair or replacement. You must allow us to visit your home to inspect the product or to take away the product for inspection, without undue delay, and the product must be made accessible by you without any special expenditure or arrangements. You must allow us to carry out a repair at your home or to take away the products for repair or replacement, or after refund, without undue delay. We will arrange and pay for the cost of inspection the product, and for transporting any product to and from your home for repair or replacement, and for transporting any replacement to your home. You must agree with us, without undue delay, reasonable times and arrangements with us for visits to your home to carry out the above, and you must strictly keep to these, and you must pay our reasonable wasted costs if we attend and are unable carry out the visit promptly for reasons outside our control. You agree to pay our reasonable costs for handling any claim which is proven by us to be ineligible or invalid.
16.12. Your representation
By making a claim you represent to us that you and the products are eligible and acknowledge that we are relying on this.
16.13. Your representation
You may not assign or otherwise transfer or give the benefit of this guarantee to anyone else.
17. No Liability For Business Losses And Unforeseeable Losses
We shall not be liable to you (including under the contract or in negligence) for any loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made, or for any losses caused by your breach of the contract, or for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We do not limit or exclude any liability we may have to you for death or personal injury, loss or damage to property, for fraud or fraudulent misrepresentation, or to refund any payments made by you under the contract.
18. Copyright, Etc
You acknowledge that all copyrights, patents, design rights, trademarks and other intellectual property rights in and to the products shall be and remain our sole and absolute property, and that no licence (express or implied) is given to you in relation to the same.
19. Transfer Of Rights And Obligations
We shall be entitled to assign the benefit of the contract and any debts under the contract. You may not transfer the benefit of the contract or any rights under or in relation to it to anyone else without our prior written consent, such consent not to be unreasonably withheld or delayed, unless and to the extent such restriction is prohibited by law. If you are a consumer, and after you have paid for the products and they have been delivered to you, you decide to sell the products to someone else who is a consumer, you may sell with the products the benefit of your implied terms and statutory rights (as referred to in clause 15) in relation to the products, but we shall be entitled to ask for reasonable written proof of the sale from any purchaser before we will be liable for any claims from any purchaser.
We may on occasion, at our sole and absolute discretion, decide not to exercise or to wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.
Each of the terms of the contract is separate and severable, and if any term is held to be void or invalid, by any competent court or authority, it shall be severed from the contract, and the remaining terms and conditions shall continue in full force to the fullest extent permitted by law.
22. Entire Agreement
The contract terms represent the entire terms of the contract between you and us.
23. Future Changes To These Terms
We reserve the right to change these terms and conditions of sale from time to time and may update our website accordingly. Any such change will only apply to orders made by you after the date of the change. By ordering from our website you agree to be bound by the latest version of our terms and conditions of sale at the time of your order. You should periodically visit our website to determine the current terms applicable.
24. Our Right To Cancel And Vary The Contract
We shall be entitled to cancel the contract as a whole or in respect of any products or services we may decide, if: (a) we are not able to supply any of the products or services for genuine reasons beyond our control; (b) we do not have and are not able to obtain sufficient products, fabric, raw materials, or parts to produce or supply the products, or the cost of acquiring the same increases after the date of your order; (c) you do not supply us with, or unduly delay supplying us with, any fabric or design requirements for any bespoke products; (c) our website and/or your order contained any error, including in relation to the description, price, delivery charges, or other charges for any of the products, or the cost to us of delivery is higher than at the time of your order; or (d) we are unable to collect any payment from you or any payment collected from you is clawed-back by any payment provider. If we exercise this right we will offer you a full refund, and we may also at the same time offer you the opportunity to continue with your order subject to variations, or make an alternative offer, in which case we will identify any changes to the offer and state how long the alternative offer will remain open.
We may sub-contract our obligations under the contract.
27. Rights Of Third Parties
The contract shall not benefit or be enforceable by any third party.
28. Applicable Law
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.