These Terms and Conditions shall apply to all contracts for the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
PRICE AND PAYMENT
The price for the Goods is as specified in the Show Centre order and is inclusive of VAT and any applicable charges outlined in the Show Centre order.
Payment of the price shall be 100% with order, balance before delivery.
Delivery will be made within approximately 28 working days.
The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer.
It is the customers responsibility to ensure furniture or larger pieces pass freely through doors, passageways, stairs and awkward corners or turns. All our products have clear dimensions. Failure to do this and in the event of the product being returned to us will result in an attempted delivery charge of £150.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
To enable the Supplier to perform its obligations the Customer shall:
Co-operate with the Supplier;
Provide the Supplier with any information reasonably required by the Supplier;
Comply with such other requirements as may be set out in the Factory online store order or otherwise agreed between the parties.
The Supplier warrants that the Goods will, at the time of delivery, correspond to the description given by the Supplier.
In addition to the Customer’s statutory rights, the Supplier guarantees the frame and springs against faulty workmanship and materials for 25 years. The Supplier guarantees the motor and mechanisms against faulty workmanship and materials for a period of 5 years from the date of delivery. Under conditions of normal usage the supplier guarantees the battery and electrical components against faulty workmanship and materials for a period of 12 months from the date of delivery. These guarantees are not transferable to other persons.
CANCELLATION AND RETURNS
Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 5 days of delivery.
The Customer may cancel an Order by notifying the Supplier in writing at the address overleaf within 3 days of placing an Order and any monies paid will be refunded in full.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods.
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Our contact number and email address is provided on your order acknowledgement.
We will confirm in writing to you the acceptance of your order with an order number.
Our products will be able to view either on our website or one of our Show Centres.
The products shown in our outlet store comprise of ex-display models, or returned stock.
Products are sold as seen. The price offered will take the condition of the furniture into consideration. We will take all efforts to clearly describe the condition, but we recommend that you view the products before purchasing. You will not be able to request a return and refund for any known defect.