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. We reserve the right to update our terms from time to time in line with our legal and commercial obligations.
1.4 WHITE GLOVE DELIVERY - CORONAVIRUS
Due to Coronavirus we are currently operating under the latest Government guidelines, with reduced warehouse & delivery teams, to prioritise the well-being of our employees and customers. While we aim to maintain our prompt, tailored service of 7-10 days, some customers are experiencing longer delivery times than usual. Please speak to a member of our team for further information on Collections & revised delivery times. We thank you for your patience & understanding.
PRICE, TITLE AND RISK
1. You own a product once we, Luxury Furniture Sale Ltd trading as LUXSALE have received payment in full.
2. Title to the product shall not pass to you until we have received payment in full (in cash or cleared funds) for
3. The risk in the product shall pass to you on completion of delivery either at the point of collection by you or at the point of accepting the delivery at your delivery address.
4. Upon receipt of full payment for a product by either cash (limited to £8,800 per transaction or series of transactions), debit or credit card, you must either:
4.1 Arrange your own transport; or
4.2 Use our rrecommended transport partner Walldist UK.
5. Should you decide to select Walldist UK, the delivery cost must be paid in full to Walldist prior to the arrangement of delivery. The delivery cost and delivery zone breakdown are available on request and at point of sale.
6. 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.
7. We will offer you the first available delivery date and slot available in your area within 72 hours following the purchase date. We request that you accept the earliest date offered for delivery to prevent disappointments and delays.
8. The costs of delivery will be as told to you during the order process/ set out in our current price list and/or on our website. This includes whether your order requires more than one personnel due to the size and weight or your product in order to comply with Health & Safety policy and procedures.
9. Scheduled deliveries will be rescheduled if you fail to meet the payment terms stated above.
10. 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.
11. We will only delivery your product through a ground floor or basement entrance and up to but no further than a second-floor level unless a suitable lift access is available.
12. 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.
13. If, despite our reasonable efforts, 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 the Goods.
14. Pursuant to Clause 13, if we must store your furniture because you have failed to either collect or accept delivery, we will offer to store your product for 14 days, free of charge. Thereafter we reserve the right to apply a discretionary charge for on-going storage, which will be calculated at a rate of 3% of the total sold value of the products (including VAT) per week or £75.00. (Whichever is higher), up to the date of delivery.
15. If you wish to reschedule your delivery date and time, you must do so by writing to us at least 48 hours prior to the scheduled delivery time and date. Notification by telephone is not acceptable.
16. Any special delivery instructions must be brought to our attention at the point of sale and prior to delivery.
17. Our products are as described and are sold as seen which is why they are marked down in price to reflect its condition. They may have been a display model and as such may show signs of discolouration, slight marks and evidence of prior fitting. Faults are not of a serious or structural nature and are usually minor marks. It is therefore your responsibility to check the products that
you are content prior to your purchase.
18. Refunds, exchanges, or credit notes are not available for products sold that are stated as clearance "sold as seen" including ex-display products which are sold through our warehouse clearance sale.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Luxury Furniture Sale Ltd trading as LuxSale, a company registered in England and Wales. Our company registration number is 11195134 and our registered office is at 4-5 Roslin Road, London, England, W3 8DH. Our registered VAT number is 288855531. You can access our details on our website at www.luxsale.com
2.2. You can contact us by telephoning our customer service team at 0208 993 4415 or by writing to us at email@example.com or to 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ.
3. BASIS OF CONTRACT
3.1. When you place an order, you will receive an acknowledgment email confirming receipt of your order. Our acceptance of your order will take place when your payment is approved, and we have debited your credit or debit card at which point a contract will come into existence between you and us.
3.2. If we are unable to accept your order, we will inform you of this 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 or because we have identified an error in the price or description of the product.
3.3. Your order once confirmed, will be assigned an order number which we will confirm on the order acknowledgement. Please quote this number whenever you contact us about your order.
4. OUR PRODUCTS
4.1.Products may vary slightly from their pictures. The images of the products on our website and on our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance.
4.2.The packaging of the product may vary from that shown in images on our website and in our catalogue or brochure.
5. DELIVERING THE PRODUCTS
5.1. The costs of delivery will be as displayed on our website or on your order acknowledgement.
5.2. During the order confirmation process we will provide the planned delivery date(s).
(a) Subject to paragraph 5.5, we will aim to deliver these to you within 7 days of accepting your order provided payment has been received.
(b) All delivery charges will be set on the order acknowledgment or quoted prior to the order being accepted. These prices are not guaranteed, and we reserve the right to amend this as reasonably necessary.
5.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effects of the delay.
5.4. Any delivery or collection date quoted is a genuine estimate and shall not be legally binding. Scheduled deliveries will be re-arranged if you fail to meet the payment terms under clause 10.
5.5. Time of delivery or collection shall not be the essence of the contract. We will not in 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.
5.6. It is your responsibility to ensure items purchased can fit through internal and external access points including passages, stairwells, landings and doorways on the way to the destination room. We cannot be held responsible for items not fitting within the premises.
5.7. Every effort will be made to ensure that the goods ordered to you arrive undamaged and without defect. 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, of the correct quantity and that they are of satisfactory quality. In the event of any discrepancy whatsoever, you must notify us immediately upon delivery or collection by writing the discrepancy on the delivery note. Unfortunately writing “unexamined” or “unchecked” will not be acceptable. If the item is damaged, please retain the packaging.
5.8. 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.
5.9. If you wish to reschedule your delivery date and time, you must do so by writing to us at least 48 hours prior to the scheduled delivery time and date.
5.10. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:00 AM to 5:00 PM on weekdays (excluding public holidays).
5.11. If no one is available at your address to take delivery, we will leave you a note or email you informing you of how to rearrange delivery.
5.12. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
5.13. A purchased physical item (goods) will be your responsibility from the time we deliver to the address you gave us, or you collect from us.
5.14. You shall become the owner of the product once we have received payment in full.
6. YOUR RIGHTS TO CANCEL
6.1. Your rights to cancel will depend on the items bought, whether they are faulty or modified:
(a) If an item you have bought is faulty or mis-described you may have a legal right to cancel (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you have changed your mind, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you might have to pay the costs of return of any goods;
(c) In all other cases (if we are not at fault and the items is as described, there is no right to change your mind), see clause 6.7.
6.2. If you are cancelling for one of the following reasons, we will refund you in full for any products which have not been delivered. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside of our control; or
6.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4. The cost of delivery you paid for your order is non-refundable if you change your mind for whatever reason.
6.5. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) any products which become mixed inseparably with other items after their delivery.
6.6. Non-returnable items excluded from all change of mind returns include:
(a) Mattresses, bedding and pillows
(b) All forms of clearance stock
(c) Clearance items
(d) Warehouse clearance items
(e) Ex-display items
(f) Discontinued items
(g) Defected items
(h) Personalised items
(i) Orders for commercial or non-domestic use
6.7. A request to return the item after 14 days from receipt of order will be subject to a restocking fee of 45%.
7. HOW TO CANCEL AN ORDER
7.1. An order can be cancelled by following these steps:
(a) Email us at firstname.lastname@example.org. Please provide your name, home address, order number, details of the order and, where available, your phone number and email address.
(b) Write to us at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ, including the order number, details of the items purchased, order date or delivery date and your name and address.
7.2. If you cancel for any reason after the products have been dispatched or you have received them, please call customer services on 020 8993 4415 or email us at email@example.com for a return number and labels or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us. You are liable to pay the cost of return.
7.3. Please note that items will not be accepted without a return number and document.
7.4. We will pay the costs of return if the products are faulty or mis-described. In all other circumstances you must pay the costs of return.
7.5. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will inform you of our charge for collection prior to arranging a collection.
7.6. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs as these costs are non-refundable) to reflect any reduction in the value of the goods.
7.7. We will make any refunds due to you as soon as possible but no later than 14 working days from the date we receive the returned item(s).
8. OUR RIGHTS TO CANCEL
8.1. We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due, and you still do not make payment within 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, address, contact number, email address;
(c) You do not, within 10 business days, allow us to deliver the products to you or collect them from us.
8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3. We may write to you to let you know that we are going to stop providing the product. We will let you know at least in advance 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.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
9.2. We are under a legal duty to supply products that are in conformity with this contract. Please see below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
9.3. If you wish to exercise your legal rights to reject products you must contact us to obtain a return number and either return the goods in person to where you bought them, post them back to us at 1 Western Avenue Business Park, Mansfield Road, London, W3 0BZ including the return note and labels provided, or (if they are not suitable for posting) allow us to collect them from you. Please note that items will not be accepted without a return number and document.
9.4. Please call client services on 020 8993 4415 or email us at email@example.com for a return label or to arrange collection.
10. PRICE AND PAYMENT
10.1. The price of the product will be the price indicated on the order page when you place your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you ordered.
10.2. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we discover an error, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
10.4. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.
10.5. When we receive your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will only be dispatched subject to this check.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1. 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 as summarised at clause 9.2 and for defective products under the Consumer Protection Act 1987
11.2. 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.
11.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. How we may use your personal information. We will only use your personal information as set out in our https://luxsale.com/privacy-policy/
12.2. By signing up to our newsletter, you consent to receiving but not limited to, correspondence, newsletters and promotional activity from Luxury Furniture Sale Ltd and including its parent, and sister group of companies.
13. OTHER IMPORTANT TERMS
13.1 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
13.2 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 an alternative dispute resolution provider.