Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01780 435060.
These Terms and Conditions will apply to the purchase of the goods advertised in our website by you (the Customer or you). We are Smithers of Stamford Limited whose trading name is Smithers of Stamford a company registered in England and Wales under number 9023413 whose registered office is at Church Farmhouse, Etton, Peterborough, Cambridgeshire PE97DA with email address firstname.lastname@example.org; telephone number 01780 435060 (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the supply of goods once orders are made you can cancel the order on the day item was bought only. Anytime after that orders can not be cancelled. So please make sure you really want the product before you click the buy button as their is no turning back with our terms, sorry.
Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods that we supply to you of the number and description as set out in the Order;
Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
Website means our website www.smithersofstamford.com on which the Goods are advertised.
11. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the Website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
The price for each type of the Goods, the price of any Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Uk and Europe Prices are including VAT. 24 A - USA and international we do not charge VAT on your products, this VAT amount is taken off when you add your country destination. Full shipping price is approx. Please email first for shipping cost. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: Please note you will will charged for VAT by your country so please allow for this on delivery, approx 20% on top depending on your country tax rules.
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
26 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you will need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage everything we deliver in the UK is sent white glove service fully insured. International and USA small items non furniture are fully insured, furniture is only insured with our wooded crate service.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Conformity and Guarantee
37. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
38. Upon delivery, the Goods will:
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out smithers of stamford products are under warrenty for 12 months, so you can buy with no quibble no problem. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
41. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
42. In the event of any failure by a party because of something beyond its reasonable control:
the party will advise the other properly as soon as reasonably practicable; and
the party's obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
43. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: We will respond with an appropriate solution within 3 days.
Withdrawal, returns and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense and still in the box it came in. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
After you purchase from us, you have the same day item was ordered to cancel only , if you want to cancel after this period it will be refused. We are an online shop and order products in for customers.
Subject as stated in these Terms and Conditions, you can cancel this contract on the same day of order without giving any reason.
The cancellation period will expire after same day item was ordered, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email on the same day).
You can cancel orders on the day or purchase only email us on the same day item has been payed for by email. Any time after that we would have ordered the product in for you so you can not cancel it.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
55. Except as set out below, if you cancel this Contract, we will reimburse to you all payments
Except as set out below, if you cancel this Contract, we will reimburse to you all payments
received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
If we have not offered to collect the Goods, we will not make the reimbursement this is at customers cost.
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you may want to reurn, you must send back the Goods or hand them over to us at Church Farmhouse, Etton, Peterborough, Cambridgeshire PE97DA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
62. Your warranty - Our products are under warranty for 90 days for defects, Wear and Tear is not covered by any means as our furniture has to be conditioned with oils to prevent woodworm and cracks. Please take time to look at our furniture care page about looking after your furniture on the bottom of our site map page. Any fault's that occur within 3 months will be fixed at your address with our engineer first, if the fault can not be fixed then we will inspect the product, a refund or exchange will be made only on the 'condition that the product has not been been misused' Please note significant use from wear and tear for contact use is not covered by Smithers of Stamford and does not have any warranty. All contact furniture items are listed in our shop and come with guarantee.
63 International Shipping Insurance - 'Small items that are not furniture' - Check goods on arrival, if you have damage please contact us within 96 hours to report damage or loss. Send us the photos of damages, and also the photos of the original box showing were damage or loss is seen, we need the box to make the claim, and for return journey. Please note if you don't keep the box insurance will not cover the claim. Fedex only cover insurance if within this time frame of 96 hours from Signature time. If this is not done, we do not take responsibility for the damage or loss. Large furniture orders are only insured with our wooden crate service, all customers have the option of furniture being sent in a cardboard box but this is not insured and we are not liable, we will contact customer by email expressing our Concerns about sending in cardboard. We always state by email not to send without wooden crate.
64. Customers wanting parcels left with next door or left on premises without signing for is at your own risk, and we won't be held responsable for any Loss or damage.
65. Exchange and Refunds, Contact us within 7 days and we will exchange for another item or refund, minus our original shipping cost, Goods must be unused in perfect condition. (including original box and remain in a saleable condition, it is your responsibility to send back to us with courier of your choice. Address Smithers of Stamford Church Farmhouse Etton Cambridgeshire PE6 7DA. We are unable to refund the return postage by you. Please note sale items are non refundable.
66 International Shipping Damages - Furniture products are insured only on our wooden crate service, customers will get this option before we ship furniture abroad. Option 2 All cardboard boxed furniture will not have our insurance, if your furniture get's damaged in transit we are not liable. Small decor, gifts are all insured in our standard Fedex parcel service.
67 UK shipping is all fully insured by Smithers of Stamford LTD
68 International shipping All customers please contact us first before you place the order, so we can get correct shipping quote for your country.
69 Please note all orders international we are not responsible for any loss from your countries customs entry, and Smithers of Stamford will not pay out a refund for loss from failed customs entry.
70 All International Orders import Tax will be added to your product from your Countries Customs, please be aware of the added tax on the product when you receive it. 'If you don't except the COD taxes we are not liable for the return of the product to us and will not refund the product amount to you!
71 Customs Problems - Any problems with your countries 'customs policies'' In Russia And Israel' we are not liable for the product, we do our best to get products to you and will help liaise with customs for you as best we can if need be, but sometimes there may be a problem with product and red tape rules that may stop your product entering your country, we are not liable for this and do not offer refund.
72 All furniture orders cannot be cancelled after 7 days of ordering date.
Smithers of Stamford Limited.
Main Road, Church Farmhouse.
Etton Peterborough, Cambridgeshire.
PE9 4NT United Kingdom.
Tel 01780 435060
Email address: email@example.com Added by Nick Smith 19th December 2014 21.49