Understanding our Conditions
Before you place an order, if you have any questions relating to these Conditions, please contact our Customer Service Representatives by e-mail – enquiries@businessfurnitureonline.co.uk, or call us on the number provided in the ‘Contact Us’ section of the Site (please note that all calls to our Customer Service Representatives may be recorded for quality monitoring and training purposes). These terms and conditions should be read alongside our Conditions of use of our Website and Privacy Policy.
Contract Creation /Ordering process
The technical steps required in order to form a contract between the Supplier and the Customer are as follows:
You will be asked to press a button confirming that you accept these Conditions.
Non-acceptance of an order may occasionally occur and could be a result of one of the following factors:
1. Definitions
1.1. ‘Conditions’ means the terms and conditions set out in this document.
1.2. ‘Customer’ or ‘you’ means the person who buys or agrees to buy the Products from the Supplier (as named on an Order Form or a name given using the Site).
1.3. ‘Order Form’ shall mean a document entitled “Order Form” (or in the absence of the same, a document setting out the details of an order for the purchase of Products from the Supplier) or an electronic or Web-based version of the same, which is intended to be subject to these Conditions.
1.4. ‘Price’ means the price for the Product(s).
1.5. ‘Products’ means an item or item which the Customer agrees to buy from the Supplier; and ‘Product’ shall be construed accordingly.
1.6. ‘Site’ means the website located at http://www.businessfurnitureonline.co.uk/ or any URL which may replace it and/or also any URL which maps (i.e. sends a user) to the same website.
1.7. ‘Supplier’ means Business Furniture Online Limited, whose registered office is 16A Upton Road, Tilehurst, Reading, Berkshire, RG30 4BJ (Company number: 05922542).
2. Conditions applicable
2.1. These Conditions shall apply to all contracts for the sale of Products by the Supplier to the Customer, to the exclusion of all other terms and conditions.
2.2. All orders for Products shall be deemed to be an offer by the Customer to purchase Products pursuant to these Conditions and any order placed by a Customer must be placed strictly in accordance with these Conditions.
2.3. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4. These Conditions shall constitute the entire agreement between the parties hereto and shall supersede the provisions of any previous contract, whether in writing or orally and supersedes all previous agreements and understandings between the parties.
2.5. Any information which a Customer is required to provide when they register as a Customer (‘Personal Information’) must be true, accurate, current and complete in all respects and the Customer agrees to notify the Supplier immediately of any changes to the Personal Information by contacting the Supplier’s Customer Service Representatives by e-mail, or by telephoning the number provided in the ‘Contact Us’ section of the Site.
2.6. The Customer warrants to the Supplier that the Products purchased on the Site are for business use only (i.e not for use at home by a private consumer) and not for resale.
2.7. The Supplier shall take reasonable care, in so far as it is in its power to do so, to keep the details of all Customer orders and payments secure, but in the absence of negligence on the part of the Supplier, the Supplier cannot be held liable for any loss a Customer may suffer should a third party obtain unauthorised access to any data provided by a Customer when accessing or ordering from the Site.
3. Price and payment
3.1. The Price for the Products shall be the price quoted in the Customer’s Order Form.
3.2. The Price is exclusive of VAT and any other duties and the Supplier may charge the Customer in relation to the same, if required to do so by law or if the Supplier would otherwise have to pay the same should the Customer fail to do so, in addition to the Price (such additional monies shall be payable within 14 days of a request by the Supplier and paid using the method requested by the Supplier).
3.3. Payment of the full price shall be done at the date of the order, subject to clause 3.4. Time for payment shall be of the essence. If the Customer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment has been made in full.
3.4. In exceptional circumstances the Supplier may make special payment arrangements with certain regular Customers where payment for the Products will be due to the Supplier within 30 days following Delivery. Customers must contact us in writing or by telephone to agree any such terms.
3.5. Unless and until the Supplier has received confirmation that the Price has been credited to its account on behalf of the Customer, the Supplier shall not be required to deliver the Products (unless expressly agreed otherwise with the Customer in accordance with clause 3.4).
3.6. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a a rate after as well as before any judgement.
4. Privacy Policy
The Supplier’s Privacy Policy provides information as to how the Supplier may deal with the Customer’s personal information and the Customer hereby agrees to the same. The Privacy Policy appears on the Site.
5. Matters beyond the control of the Supplier and liability
5.1. If the Supplier is affected by any circumstances beyond its reasonable control (including, without limitation, national emergency, war, prohibitive governmental regulation, strike, lock out or other industrial action), it shall notify the Customer of the nature and extent of the circumstances on the Site (but only if the Site is still operational at that time).
5.2. The Supplier shall be deemed not to be in breach of any contract between the parties which is subject to these Conditions, or otherwise be liable to the Customer, for any delay in performance or the non performance of any of its obligations under a contract between the parties which is subject to these Conditions, to the extent that the delay or non performance is due to any of the circumstances described in clause 5.1 above, and the time for performance of that obligation shall be extended accordingly.
6. Delivery and installation of the Products
6.1. Delivery of the Products shall be made by the Supplier, or an agent of the Supplier, to such business premises as the Customer may specify at the time the order is placed or is subsequently agreed in writing between the parties.
6.2. Any applicable delivery charges will be indicated prior to the conclusion of any contract.
6.3. Where Products are in stock, the Customer’s order should arrive within thirty days following the Supplier’s acceptance of an order. It may however take longer if the Supplier is awaiting stock from one of its suppliers.
6.4. Time shall not be of the essence when delivering the Products and delivery may take longer than 30 days (especially if bespoke Products are being manufactured to the specific requirements of the Customer).
6.5. The Supplier will endeavour to deliver the Products as soon as is reasonably practicable for it to do so. The Supplier shall not be liable for any delay in delivery howsoever caused.
6.6. The Customer shall make all arrangements to take delivery of the Products. Delivery will only be made to the ground floor or goods-in area whenever they are tendered for delivery by or on behalf of the Supplier. The Customer should ensure that the delivery address supplied and the delivery area are manned at the time when the supplier attempts to make delivery.
6.7. If the Customer is not available to take delivery of the Products when tendered, the Customer may be required to pay further charges should the Supplier be required to deliver the Products to the Customer again.
6.8. Customers should use the measurements for Products listed on the Site in order to ensure they have sufficient space at their premises to store the Products and sufficient space for the Products to be carried up stairs or in lifts where applicable.
6.9. Where Products are purchased by credit card, delivery can only be made to either the credit card holder’s address (unless that is a private residential address) or, alternatively, the delivery address specified under clause 1.
6.10. Please note that the Supplier cannot guarantee that your credit card details may not be fraudulently intercepted, however the system used for processing your credit card details is designed to combat such fraud to the maximum degree possible using current technology.
6.11. If the Customer has requested the supplier to provide unpacking assembly and installation services (“installation”) in respect of the products the cost to be charged by the Supplier for the installation should be set out on the Customers Order Form.
6.12. The price charged by the Supplier for the installation is set on the basis that:
6.12.1 a sufficient cleared and empty area at the delivery address will be available for the Installation; and
6.12.2 the Supplier will not be required or requested to move remove or dispose of any of the Customers existing furniture or equipment in order to carry out the installation or otherwise.
6.13 The Supplier shall be entitled to raise an additional charge in respect of Installation if and to the extent that the Customer is in breach of clause 6.12 or any part of it, or not to provide installation but to deliver the products for the Customer to unpack assemble and install itself.
7. Acceptance of the Products and Returns
The Customer is entitled to exercise any of their applicable statutory rights to return Products following a purchase.
7.1. If a Customer is dissatisfied with their purchase due to damage, faults or defects within the item on delivery the Customer may within five working days of delivery, contact the Supplier to arrange collection of the Products at the Customer’s expense.
7.2. Where damage or faults are discovered on Products, the Supplier may instruct a third party to verify such damage or faults and the Customer hereby agrees that the Supplier may take remedial action to rectify the damage or fault. This does not affect the Customer’s rights under law.
7.3. Where the Supplier’s inspection reveals the existence of a defect or fault in the Products, the Customer will have the option of a refund or replacement of the relevant goods with new goods (any refunds will also include the re-imbursement of carriage costs paid by the Customer in accordance with clause 7.1)
7.4. Any money which the Customer has paid will be refunded within 30 days provided that the Supplier receives the goods unused, in their original packaging and in the same condition as they were in at the time of delivery to the Customer.
7.5. We recommend that the Customer uses an insured carrier to return your item(s). The Supplier will not be held liable for the cost of return of lost or damaged items.
7.6. Please note that the Customer shall be deemed to have accepted the Products five working days after delivery to the Buyer.
7.7. After five days from delivery Customers may of course make claims for return of defective Products or other claims under the terms of the relevant Product’s manufacturer’s warranty, where applicable.
7.8. The Customer rather than the Supplier will bear the costs of carriage of the Product(s) back to the manufacturer under warranty claims in accordance with clause 7.7, although such carriage costs will be reimbursed in most instances under the warranty terms providing the manufacturer discovers a genuine fault or defect within the Product(s).
8. Title and Risk
8.1. Risk of damage to our loss of the Products shall pass to the Customer upon delivery.
8.2. Notwithstanding any other provision herein title in the Products shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full.
8.3. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Supplier, but if the Customer does so all monies owing to the Supplier shall (without prejudice to any other right or remedy on the Supplier) become due and payable.
9. Insolvency of Customer
If the Customer makes any voluntary arrangements with its creditors or becomes bankrupt, goes into provisional or full liquidation or any administration orders are made (the Customer not being a consumer) the Supplier shall be entitled to cancel the contract without any liability to the Customer and if the Products have been delivered but not paid for, the price shall become immediately due and payable despite any previous arrangements to the contrary.
10. The Products
10.1. Each Product purchased is sold subject to its description on the Site; which may also include information regarding, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
10.2. Photos on the Site are for illustrative purposes only and may not exactly match the Product itself. Photographs do not comprise any contractual warranty on the part of the Seller and should not be relied upon by the Customer as an exact representation of the Products.
10.3. The Supplier shall take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Site are correct at the time when the relevant information was entered onto the system. Although the Supplier aims to keep the Site as up-to-date as possible, the information appearing on the Site at a particular time may not always reflect the position exactly at the moment the Customer places an order. The Supplier cannot confirm the Price of a Product until the Customer’s order is accepted in accordance with these Conditions.
10.4. All warranties, conditions, and terms relating to the fitness for purpose, satisfactory quality or conditions of the Products whether implied by statute or common law are excluded to the fullest extent permissible by law.
11. Law and details of contract
11.1. Any contract between the parties which is subject to these Conditions is subject to the law of England and Wales and the English courts shall have exclusive jurisdiction to consider disputes regarding the same.
11.2. All contracts will be concluded in English only. The details of any specific contract will not be filed by the Supplier. If a Customer does require any information regarding an order placed with the Supplier please write to the Supplier at the above address (and the Supplier will endeavour to assist the Customer, but cannot guarantee to do so).
12. General
12.1. The Supplier may assign any contract that is subject to these Conditions and its rights pursuant to any such contract at any time. Subject to the rights of an assignee, a person who is not a party to any contract which is subject to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of any contract which is subject to these Conditions.
12.2. Insofar as permitted by law the Supplier’s only liability to the Customer under these terms and conditions, will be, at our sole discretion, to make good any shortage or non-delivery to replace or repair any damaged goods which are received by you in a damaged or defective state.
12.3. The Supplier will not be liable, in contract, tort (including, without limitation, negligence), for pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Conditions.
12.4. If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Conditions.
12.5. No waiver by the Supplier shall be construed as a waiver of any proceeding or succeeding breach of any provision.
12.6. The Customer, in agreeing to accept these Conditions, accepts that they have not relied on any representation, save insofar as the same has expressly been made a term of these Conditions and the Customer agrees that they shall have no remedy in respect of any representation.
12.7. Additional Costs
The Customer agrees to pay for any loss of any extra cost incurred by the Supplier through the Buyer’s instructions or lack of instructions by the Supplier through the failure or delay in taking delivery or through any acts or default on the part of the part of the Buyer, its servants, agents or employees. any acts or default on the part of the part of the Buyer, its servants, agents or employees.