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Terms & Conditions

These are the Terms and Conditions of Rorla Designs Limited (Number 11318317) registered office 27-33 Castlegate Newark Nottinghamshire NG24 1BA trading as Smith and Wilkins Furniture (Smith and Wilkins)

1.General

  1. ‘Client’ is any person who has contacted Smith and Wilkins requesting information, or who has entered into a Contract with Smith and Wilkins for the provision of handcrafted furniture (the Furniture).

  2. ‘Contract’ – The legal agreement between Smith and Wilkins and the Client for the provision of Furniture under these Terms and at the Price agreed.

  3. ‘The Website’- www. SmithandWilkins.co.uk

  4. ‘The Price’- The sum payable for the provision of the Furniture ordered by the Client

  5. ‘The Delivery Charge’ – The sum payable for the delivery of the Furniture from the Unit to the address specified in writing by the Client. 

  6. ‘Payment’ – can be by BACS, debit and credit card or if through the Website by PayPal.

  7. ‘Delivery Period’- the time from the date of the Contract to delivery to the address specified by the Client for that purpose.

  8. ‘Days’- All the days in a week including Bank Holidays

  9. ‘The Unit’ – is the premises at Unit 2 Mayden Business Park Northern Road Newark Nottinghamshire NG24 2JF or such other premises as Smith and Wilkins shall advise the Client.

  10. These Terms and Conditions will represent the whole of the Terms between Smith and Wilkins and the Client. Any changes to these must be agreed in writing by Smith and Wilkins.

2. The Contract

  1. The Contract is made when the Client has placed an order for the supply of Furniture with sufficient detail for the Furniture to be produced and paid the Price and the Delivery Charge and Smith and Wilkins has accepted the order by email or otherwise in writing.

  2. The Contract once made cannot be cancelled as Smith and Wilkins will be making each item individually to order.

  3. The Contract can only be amended within 48 hours of being made as otherwise, construction of the Furniture will have already commenced.

  4. If Smith and Wilkins are unable to accept your order you will be informed as soon as possible and the Price and Delivery Charge already paid refunded.

  5. If the Client does not provide all the necessary details for the Furniture to be produced the Client will be contacted and must provide the outstanding information as soon as possible. Delay in providing this information will lead to an extension in the Delivery Period. The Client accepts that any such delay is acceptable due to their actions and their responsibility.

3. The Furniture

  1. Details of the different items of Furniture and the combinations of style and fitting offered by Smith and Wilkins will be shown on the Website.

  2. The descriptions of the Furniture and photos provided will be as accurate as possible and provided in good faith.

  3. The Client must be aware that the colours, finish and appearance of Furniture including fittings may vary slightly from the way they appear on the screen or in any advertisement. Smith and Wilkins cannot guarantee that any item will be identical to the image or other depiction on the Website and by entering the Contract the Client accepts that. If the Client has any concerns or particular requirements, they must contact Smith and Wilkins to discuss the matter before entering a Contract and request further information.

  4. The Furniture is handmade by craftsmen from natural materials. Whilst every effort is made to supply a smooth, blemish-free piece of Furniture of consistent colour the Client must accept that on occasion there may a small blemishes and inconsistencies. Anything that cannot be viewed from a distance of one metre must be accepted by the Client.

 

 

4. The Price

  1. The Price and Delivery Charge must be paid before the Contract is made unless otherwise agreed in writing by Smith and Wilkins.

  2. The Price and Delivery Charge both include Value Added Tax at the rate current at the time of the Contract. Due to circumstances beyond the control of Smith and Wilkins, the Value Added Tax can go up or down and the total Price and Delivery Charge will be adjusted accordingly.

5.Delivery

  1. The Client will be advised and asked to accept the Delivery Period for the Furniture when the Contract is made. The Delivery Period will be the appropriate period Smith and Wilkins require to handcraft the Furniture to their normal standard.

  2. Any issues that arise will be advised to the Client who may be asked to accept the revised Delivery Period.

  3. The Furniture will be delivered by a Courier. The Client will be advised when the Furniture is ready for delivery and the Courier or Smith and Wilkins will then contact the Client to arrange a delivery day.

  4. The Courier will endeavour to cooperate with the Client on delivery times, but no time is guaranteed. Time is not of the essence with delivery. Smith and Wilkins and the Courier will be liable for any loss or damage suffered by the Client or any Third Party through any reasonable delay due to unforeseen circumstances.

  5. If the Client does not make proper arrangements to accept delivery on the agreed date and the Furniture has to be delivered another time, then a further Delivery Charge of £60 will be charged.

  6. The Client must check the measurements and access to wherever they require delivery to ensure there are adequate doorway and stair access for the Courier to safely deliver the Furniture without any scratches or damage to either the Furniture or any property.

  7. The Client is responsible for ensuring that the route from the delivery van to the delivery point is safe and free from any potential problems or hazards. The Delivery is likely to be by large van and the Client must ensure the delivery point is accessible for this type of delivery. If in doubt the Client must contact Smith and Wilkins in advance of the Delivery being arranged.

  8. The Client is responsible for the removal of any internal or external tripping hazards, furniture, ornaments, wall fixtures, or cables that will obstruct the delivery route. The Courier is not responsible for any damage to these items unless caused by their negligence. The delivery people are not allowed to remove their shoes due to health and safety rules.

  9. The Furniture will be dispatched securely, and the Client must retain any packaging for inspection until they have formally accepted the Furniture.

  10. The Courier will ask the Client to acknowledge receipt in writing and remove the packaging to view the Furniture and they must comply. If there is an issue with the Furniture on arrival please inform the Courier if it is a delivery issue and whatever the issue notify Smith and Wilkins immediately. The Client will be required to provide certain information including a photo if there is an alleged fault. This does not affect your statutory rights.

  11. Smith and Wilkins will contact the Client shortly after delivery for confirmation that they have accepted delivery of the Furniture.

  12. The Delivery Charge will be the current rates as advised on the Website or advised by Smith and Wilkins when the Contract is made.

  13. If the Client chooses to have the Furniture delivered to their own Third Party carrier Smith and Wilkins accepts no responsibility for any damage to the Furniture once it is outside their control. Any forwarding delivery is at the Client’s risk.

6.Clients Rights

  1. The Client does not have the right of cancellation under Consumer Contracts Regulations 2013 as the Furniture is individually made to the Client's specifications and requirements.

  2. If the Client believes the Furniture to be faulty then they must inform Smith and Wilkins as soon as possible and if appropriate allow access for Smith and Wilkins or their representative to view any alleged defect or fault.

 

7.Limitation of Liability

  1.  Should  Smith and Wilkins be prevented, hindered or delayed from performing their obligations under the Contract by circumstances outside of their control (including without limitation acts of God, flood, drought, earthquake, other natural disasters, epidemic or pandemic, a terrorist attack, war, civil commotion or riots, war, the threat of or preparation for war, armed conflict,  the imposition of sanctions, embargo or breaking off diplomatic relations, nuclear, chemical or biological contamination, any law or action by government or public authority, the collapse of buildings, fire explosion or accident, any labour dispute or strike, non-performance by suppliers or subcontractors, interruption or failure of utility service, any action or order from the government, travel restrictions that party shall be relieved from her obligations from performing their obligations and will not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations.

  2. The Liability of Smith and Wilkins to the Client shall not exceed the Price and the Delivery Charge plus the cost of any return.

  3. Smith and Wilkins are not liable for any indirect or consequential losses to the Client or any Third Party.

  4. If the Client is purchasing for business use Smith and Wilkins have no liability for any loss of profits, goodwill, reputation, special or indirect losses or any other business losses.

  5. Smith and Wilkins do not exclude liability for death or personal injury caused by the negligence of Smith and Wilkins or their employees, agents or subcontractors or fraud or fraudulent misrepresentation.

 

8. Intellectual property

All copyright, trademarks and all other intellectual property rights in all furniture, materials or any website content shall remain always vested in Smith and Wilkins. Any attempt to copy any designs, images, or materials, reproduce, transmit, publish, display exploit or create derivative items shall render the Client liable for damages.

 

9.Severance

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

 

10. Waiver

The waiver by Smith and Wilkins of a breach, default, delay, or omission of any of these terms or the Contract by the Client will not be construed as a waiver of any preceding or subsequent breach of the same or other provisions.

 

11.Transfer

The Client may not transfer any of their rights under the Contract to any Third Party.

12. Law

These Terms and Conditions are governed by the law of England and Wales.