Terms & Conditions
GENERAL TERMS & CONDITIONS
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 These conditions shall apply to all contracts unless expressly varied in writing by us.
1.4 We reserve the right to update our terms from time to time in line with our legal and commercial obligations.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are John Hitch Seating Ltd a company registered in England. Our company registration number is 08028346 and our registered office is at Unit 17 Grenville Road, Grenville Workshops London N19 4EH. Our registered VAT number is 589892549. You can access our details on our website at www.johnhitchseating.co.uk
2.2 You can contact us by telephoning our showroom at 02072725265 or by writing to us at email@example.com or to Unit 17 Grenville Road, Grenville Workshops London N19 4EH.
3. BASIS OF CONTRACT
3.1 Payment of deposit by you, is deemed to be acceptance of the contract.
3.2 If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 You acknowledge that you did not rely on any statement, oral warranty, promise or representation made or given by or on behalf of us which is not set out in these terms and the purchase order.
3.4 Any samples, images, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
3.5 Your product may vary slightly from those images, samples and drawings and although we will make every effort to be as accurate as possible, our products are handmade, therefore all sizes, weights, capacities, dimensions and measurements indicated on our website and brochure may have up to a 3% tolerance.
3.6 In relation to our products with hard edges, we reserve the right for up to 5mm variations. In relation to soft foam upholstery items, we reserve the right to variation of size up to 5% of the total size.
3.7 If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm in writing whether you wish to go ahead with the change.
5. DELIVERING THE PRODUCTS
5.1 Delivery will be deemed to have been affected when the Goods are delivered to your premises or such other location as set out in the order or as agreed with you before delivery or if you are due to collect the Goods, then when the Goods are collected from our premises.
5.2 Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any loss whatsoever suffered or caused through late delivery or non-delivery and time of delivery shall not be of the essence.
5.3 The costs of delivery will be as told to you during the order process.
5.4 Scheduled deliveries will be rescheduled if you fail to meet the payment terms under clause 11.
5.5 It is your responsibility to ensure items purchased can fit through internal and external access points including and passages, stairwells, landings and doorways on the way to the destination room. We hold no responsibility for items not fitting in the premises. Any rework or restocking fees will be payable by you prior to final delivery. Unless we have done survey on the access before your order.
5.6 For delivery purposes, we can manufacture furniture for assembly on site in case there is restricted access to your premises. It is vital however that you give us this information when placing an order as later changes to the design will be charged.
5.7 If we are unable, for whatever reason, to deliver the goods on the confirmed delivery date, we reserve the right to charge you further for any subsequent deliveries.
5.8 Our delivery team will unpack your furniture, install it in the room of your choice and if you wish we will remove all packing materials from your home and recycle wherever possible. We are not able to take away your old furniture.
5.9 If you are asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10 AM to 5:30 PM on weekdays (excluding public holidays).
5.10 If you fail to take delivery of the Goods when the Goods are ready for delivery or collection for any reason, we will be entitled to charge you a reasonable additional charge, including for storage, insurance and redelivery.
5.11 If, despite our reasonable efforts, 10 Business Days after the day on which we notified you that the Goods were ready for delivery and you have not taken delivery of them, we may (without prejudice to our rights against you) resell or otherwise dispose of part of all of the Goods.
5.12 We will offer to store the products for up to one (1) calendar month following completion of manufacture of your order, free of charge. Thereafter we reserve the right to apply a discretionary charge for ongoing storage, which will be calculated at a rate of 3% of the total sold value of the products (including VAT) per calendar month, and pro-rata for any days or weeks within a monthly cycle, up to the date of delivery.
5.13 If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9 will apply.
5.14 If you wish to reschedule your delivery date and time, you must do so by writing to us at least 24 hours prior to the scheduled delivery time and date. Notification by telephone is not acceptable.
6. INSPECTION AND ACCEPTANCE
6.1 Upon delivery or collection, you must sign the delivery/collection note. It is your responsibility to check the items to ensure the goods delivered or collected are as ordered, the correct quantity and that they are of satisfactory quality.
6.2 By signing this agreement, you consent to our delivery team taking images of the delivered items to ensure delivery and installation has been completed successfully. The images will not be shared or distributed to any third party.
6.3 Subject to Clause 10.4, in the event of any discrepancy whatsoever, you must notify us immediately and within 48 hours upon delivery or collection by writing the discrepancy on the delivery/collection note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged, please retain the packaging. All claims for loss or damage must be made before the end of the next working day.
6.4 You must at your own cost return the items that are subject to any discrepancies. Following inspection by our team, if we are satisfied that there are discrepancies, then we will reimburse you for the costs you incurred in returning the items back.
6.5 In all events, the limits of liability for any fault or defect shall not exceed the purchase price of the item
7. TITLE AND RISK
7.1 You own a product once we have received payment in full. Until you become the owner of the products, you shall not sell the products or part with possession of the products. We may, for purposes of recovery, enter any premises where the products are stored to recover them.
7.2 The risk in the product shall pass to you on completion of delivery.
7.3 Title to the product shall not pass to you until we have received payment in full (in cash or cleared funds) for: (a) The product; and (b) Any other product or service that we have supplied to you in respect of which payment has become due.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances, we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis described (see clause 10, “If there is a problem with the product”).
8.2 Unless you have a right to end the contract immediately, the contract will not end until payment is made in full for your order.
8.3 Subject to clause 8.4, you have a legal right to change your mind within 14 days beginning on the day after you receive the Products subject to the Products being properly packed and returned in the same unused condition supplied. Damaged goods cannot be accepted. 8.4 You do not have a right to change your mind in respect of:
(a) All made to order items including bespoke orders and standard bespoke
(b) services, once these have been completed.
8.5 If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. Except when you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances, you must pay the costs of return.
8.6 Any goods that have been altered by a third party or independently cannot be returned or refunded.
8.7 Returned, or order cancellation items will be subject to a restocking fee. A restocking fee of 45% is payable for any returned product. Bespoke items are unique items made to your specification, for this reason carries a 100% charge, and is non-refundable.
8.8 Mattresses that have been removed from the original packaging cannot be returned.
8.9 Should you return a product and upon examination, we find that there is a discrepancy in the reason for the return of the product, then we shall reserve the right to refuse the credit.
8.10 Refunds, exchanges, or credit notes are not available for products sold on bespoke products or products that are stated as clearance, “sold as seen” including ex-display products:
(a) Prices marked are final and non-negotiable;
(b) No guarantees apply with the sale of products which fall under categories mentioned above;
(c) Collection and delivery of such products is your sole responsibility. To arrange a collection please contact 02072725265
(d) Access and installation of such products is your sole responsibility.
(e) All guarantees, warranties and associated remedies are exclusive when purchasing these items. No other guarantees or warranty, whether written, oral or implied or inferred from any course of dealing or usage or trade shall apply. Except as expressly and specifically provided in this agreement, all guarantees warranties and other terms implied by statute and or common law are, to the fullest extent permitted by applicable law, excluded from this agreement (including those of merchantable, satisfactory quality, fitness for a particular purpose)
8.11 If you cancel the Contract between us within 14 days, we will process the refund due to you as soon as possible and, in any case; within 30 days of the day, you gave notice of cancellation.
8.12 If a fault is discovered after you have exported the products outside United Kingdom, it is your responsibility to return the goods to the UK at your own cost for inspection. If a repair or replacement is produced by us, it will only be delivered to a United Kingdom destination. If you then wish for the products to be exported, it will be your responsibility to do so at your own cost and risk. For export orders, it is therefore recommended that inspection takes place in the United Kingdom prior to shipment.
8.13 We usually refund any money received from you using the same method as originally used by you to pay for your purchase.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time if:
(a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your full name, email, contact number and address;
(c) you do not, within 10 business days, allow us to deliver the products to you or collect them from us;
(d) you do not, within 10 business days, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1. we will refund any money
you have paid in advance for products we have not provided and processed i.e. you cancel after we have ordered stock and material from
supplier, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may need certain information from you so that we can supply the products to you, for example, your name, address and contact number. If so, this will have been stated in the description of the products in our brochure. We may contact you in writing or on the phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
9.4 We may write to you to let you know that we are going to stop providing the product. We will let you know in advance within reasonable time of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided subject to the restocking fee.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 We guarantee the wooden frames of all manufactured furniture used in residential indoor environments for lifetime of the original purchaser from the date of delivery (subject to proof of purchase). The guarantee excludes normal wear and tear, wood finishing, fixtures, fillings, fabrics, components and mechanisms. This guarantee is given in addition to and not in substitution of your statutory rights.
10.2 We will only replace like for like, therefore you cannot change any of the sizes, fillings or fabrics. Upon a return, if a change is requested, you will incur further costs. Please contact us on 02072725265 or write to us at firstname.lastname@example.org to request a quotation.
10.6 If you wish to exercise your legal rights to reject products you must either return them in person to us or allow us to collect them from you. We will pay the costs of collection.
11. PRICE AND PAYMENT
11.1 The price of the product (which includes VAT) will be the price set out in your quotation.
11.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we may use our discretion to charge the higher amount. We also reserve the right to reject an order and refund your money in full prior to deliver if the incorrectly priced item has a significant difference from correct price in excess of £100.00.
11.3 When you must pay and how you must pay:
(a) A 50% deposit is required before an order shall be processed. The remaining 50% balance must be paid in cleared funds within one(1) working day prior to the scheduled delivery or collection date;
(b) Preferred payment method is by bank transfer to the following account: – Natwest Bank Account name John Hitch Seating Ltd ; Sort Code: 60-06-26 and Account Number: 33809097
(c) Orders for export outside the EU require proof of shipment, which is your responsibility to provide to the us. VAT will be refunded to you once proof of shipment is received.
(d) Credit Account Holders must abide by terms agreed on account opening, and in any case all invoices must be settled within 30 days of the invoice date.
11.4 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% per month above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
12.2 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre existing faults or damage to your property that we discover while providing the services.
12.3 We will not under any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, pure economic loss, loss of market, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused or the consequences of delay of delivery or collection, however caused.
12.4 We will have no liability to you for any loss or damage suffered due to products and its quality from third party companies. Any disputes claim or complaints must be directed to the third party company directly.
12.5 We will not install any third-party products that are not supplied by us and in the event that we do, you must provide a written consent and sign a waiver form.
13. OTHER IMPORTANT TERMS
13.1 Bespoke orders. Note the following:
13.2 We do not guarantee an exact match for bespoke made to order products.
13.3 If you are supplying us with an image, we cannot guarantee an exact match unless we are given complete technical drawings. Even so, we will guarantee a 99% match and 100% effort. Drawings produced by us for signing off will be chargeable and payable by you.
13.4 Slight differences in dimensions may occur due to the materials within the build. If the furniture is intended for a specific place or location, you must inform us at the time of ordering.
13.5 Once we have confirmed an order, any further changes you wish to bring will be subject to a charge payable by you. Any changes at this stag may affect both the cost of the product and/or the delivery schedule.
13.6 Products are all made to order, therefore without affecting your statutory rights, can only be returned should the product contain faults. See clause 8.
13.7 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.8 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.9 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
13.10 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.11 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
14. FURTHER ADVICE
14.1 We reserve the right to reject any fabric supplied by you, if deemed to be unsuitable for production. It is your responsibility to provide the agreed quantity of satisfactory quality required.
14.2 It is your responsibility to ensure the fabric is suitable for the use for which it is intended. This means it is also your responsibility to quality check the fabric prior to sending it to us as for reasons beyond our control we cannot guarantee or be held responsible for any delays in quality checking fabrics supplied by you.
14.3 Any fabric supplied by you must meet British Fire regulations. You must provide a fire-retardant certificate for any such fabric supplied before production can commence.
14.4 If treatment is not possible, we can provide a barrier cloth inter-liner (depending on the location of use) if required. This service is chargeable.
14.5 If we supply the fabric to be used in manufacture, it is your responsibility to look after it as per the manufacturers guidelines as normal wear or tear is not warrantied.
14.6 Any excess fabric from your order will be deposed of without notice. Please check your order to confirm correct quantity (even with our recommendation, it is your responsibility to check for yourself).
14.7 Some fabrics (such as silks and velvets) and leathers can be marked by the slightest touch also known as pressure marks. Pressure marking is considered a natural characteristic of any piled fabric. In addition, all our furniture is handmade, the handling of fabric is unavoidable and therefore the we cannot accept any responsibility or liability for the condition of these fabrics when used during manufacture.
14.8 As leather is a natural product, some of the hides may show natural marks or scars. Depending on the supplier, variation on both texture and colour may occur different from the samples you look at. We cannot be held responsible for such markings that are visible on the final product. Sizes of hides may vary due to the nature of the product, this may result in additional costs, advisable on receipt of purchase from the supplier.
14.09 Product specifications will vary from range to range as reflected in the design and price; however, all our Products are manufactured to the same high-quality standards;
14.10For fabric by the metre, before cutting, please check you have the required amount and there are no defects as we will not be liable for third party costs and other losses once cut and made up.
14.11 Any goods that require more than one width of fabric will have joins and seams.
14.12 For made to measure, whilst every effort is made to make your items to the exact measurements given; the make-up can vary by up to 3cm, which is the standard industry tolerance allowance.
14.14 Product colour and shade may vary from one manufacturing batch to another. This will be more apparent if orders are placed at different times.
14.15 Our fabrics are constructed with various natural yarns and synthetic fibres. Often there are slubs and natural weave irregularities, which enhance the final appearance of the fabric. It should be noted that this is not a defect and is an inherent characteristic of the cloth. Please note that an inherent characteristic of the Suede Collection is the ‘bruised’ appearance that may appear as slight creasing.
14.16 Please be aware that up to 3% shrinkage may occur due to variations in atmospheric conditions whilst in situ at the window, or during the first wash or dry clean. There is sufficient fabric available within the hems to enable any necessary adjustment in length.
14.17 The sale of our products to you does not confer any right of license upon you to use, exploit, or to otherwise utilise any intellectual property right subsisting in or relating to the goods of which we are otherwise entitled to. The unauthorised copying of any of our designs, which are protected by design copyright, may give rise to legal action.