ATELIER INTERIORS Terms & Conditions
The contractual relationship between the Company and the Customer and the supply of all goods shall be governed solely by these terms and conditions (the “Terms and Conditions”) to the exclusion of the Customer’s own terms and conditions and all other terms and conditions. No changes to the Terms and Conditions, and no other terms and conditions will be effective unless agreed to in writing by the Company.
In these Terms and Conditions references to:
“we”, “us” or the “Company” are to Atelier Interiors Ltd and all references to “you” or the “Customer” are to the company, person, firm or other entity who purchases goods from us
“in writing” includes by letter, fax and email.
1. BASIS OF OUR CONTRACT WITH YOU AND ORDERING FROM US
1.1 By placing an order with us, whether verbally or in writing, you agree to accept and be bound by these Terms and Conditions. You agree to pay the price for all goods quoted for applicable at the date we receive your order.
1.2 You must contact us before you submit an order for any custom-made goods, contract orders or non-stocked items, so that we can check whether it is feasible to fulfil your order. Where we agree that it is feasible to fulfil the order, we shall issue you with a quotation.
1.3 Once we have received an order from you for goods:
a) For stocked items at the date we receive that order
b) For custom-made, contract orders or non-stocked items for which we have issued a valid quotation
It will be legally binding.
Any such order can only be cancelled by agreement with us and in accordance with the cancellation provisions in the Cancellation section below.
Any order placed by telephone, which is subsequently confirmed in writing, must be clearly marked “Confirmation Order” to avoid duplication or error.
2.1 All quotations for custom-made products, contract orders and/or non-stocked items, will be valid for three months, unless otherwise stated.
3.1 We will advise you of the lead time and expected installation date once we have received your order.
Please note all installation dates are approximate.
4. DELIVERY TO THIRD PARTIES
4.1 Where delivery is made to a third party upon the Customer’s request, it is the responsibility of the Customer to ensure that the correct goods are received and satisfactory.
We cannot accept claims where goods have not been checked upon installation.
5. RISK TITLE AND DELIVERY
5.1 The title in the goods shall pass to the Customer only when payment in full has been received by the Company for all goods whatsoever supplied (and all services rendered ) at any time by the Company to the Customer. The Customer shall permit the servants or agents of the Company to enter onto the Customer’s premises and repossess the goods at any time prior thereto. As long as payment has not been effected, the Customer cannot sell, pledge or offer goods as guarantee or collateral security.
5.2 Should the goods (or any of them) be converted into a new product, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and beneficial ownership of the new products but without accepting any liability whatsoever in respect of such converted goods in relation to any third party and the Customer hereby indemnifies the Company in relation thereto
5.3 In the cased of non-payment at the due date and upon demand, the Customer must return forthwith to the Company all merchandised unpaid for.
6.1 We shall use our best efforts to ensure the quality of our products is satisfactory. However, please note we cannot guarantee our products against fading, shrinkage or discolouration due to washing or contact with any liquid and any external conditions. In addition, please note some fabrics may be affected by changes in climate or humidity. These are natural and are not caused by faults in the fabric.
7. COLOUR DIFFERENCES
7.1 Please note we cannot guarantee precise colour matching against any samples, cuttings, pattern books and/or between different batches. S If you require any further information please contact us before placing your order.
8.1 This section applies where you cancel an order for goods, for example where there has been an error on your part. It does not apply where the goods are faulty or we have made an error in processing your order.
8.2 All products are bespoke and made-to-measure to your requirements. As such they fall into the category of bespoke products under the Consumer Contracts Regulations 2013 and you will not therefore be able to cancel your order for any product(s) once placed, provided this will not affect your legal rights as a consumer in relation to bespoke and made-to-measure products that are faulty or not as detailed in the invoice.
8.3 You may only cancel an order for goods with the prior agreement of the Company in writing.
9. INSPECTION OF GOODS
9.1 Please note you should inform us of any identifiable faults or errors upon installation and preferably within 14 days of the goods being received.
10.1 Regrettably, we cannot accept returns for any custom-made item unless we have been notified of a visible defect or fault upon hanging/installation.
11. PRICES AND PAYMENT
11.1 All prices at which the goods are sold shall be net prices, exclusive of VAT. The Customer agrees to pay the VAT chargeable on the goods at the same time as payment is due for the supply of those goods and will also be responsible for paying all other charges that may apply.
11.2 The price for all goods will be that shown on the Company’s quotation in respect of the goods, the quotation issued by the company subject to the stated validity not having expired.
11.3 Prices previously agreed by the Company for the supply of any goods will not apply to any future orders for the same or any similar goods.
11.4 Any objection to amount being invoiced must be notified in writing to us within 14 days of the relevant invoice being issued.
11.5 The Company reserves the right to suspend supplies of any further goods with immediate effect if any invoice remains unpaid at the due date. The Company reserves the right to recover any legal fees that may reasonably be incurred in recovering the amount due under any unpaid invoice.
11.6 The Company also reserves the right to suspend supplies of any further goods with immediate effect, to terminate any contract for the supply of goods and/or to close the Customer’s account with the Company if at any time the Customer becomes unable to pay its debts as they fall due, whether or not any formal insolvency steps have been taken and in any circumstances where the Company considers that the Customer is unlikely to be able to pay its debts as they fall due.
11.7 If any invoice is not paid by the due dates and/or in any circumstances set out in the previous paragraph, all payments for other goods supplied by the Company will immediately become payable on demand without any further notice from the Company, notwithstanding any other period that may previously have been agreed for payment in respect of such other goods.
11.8 If the Customer fails to make payment to the Company for any goods by the due date for payment, we may seek instruct external debt collectors to collect the monies due from you under the contract. Where we instruct any debt collector in relation to the debt, we reserve the right to charge you ,in addition to the overdue amount and accrued interest and any other remedies or rights that we may have , for any charges reasonably incurred . Orders that remain unpaid after the due date shall be subject to an interest charge of 4% per annum above the Bank of England base rate from time to time. Interest will 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 the interest together with the overdue amount.
11.9 If the Customer’s account is closed for any reason, this shall not relieve the Customer of any obligation to make payment of any goods in accordance with these Terms and Conditions
12. USE OF COMPANY NAME, BRANDS AND TRADEMARKS
12.1 The Customer shall not use or refer to:
a) The name Atelier Interiors Limited or any logos of Atelier Interiors Limited
b) Any images, representations of any Atelier Interiors work or
c) Any other intellectual property of Atelier Interiors
in any materials in any form or on any website without the Company’s prior written consent. Where the Company does give consent to any such use or reference, that may be subject to such guidelines, conditions and terms as the Company may determine.
13.1 The Company shall not be liable to the Customer, whether in contract, tort (including negligence) or otherwise, for any loss of profit, or any indirect or consequential loss arriving under or in connection with any contract to supply goods to the Customer.
13.2 The Company’s total liability to the Customer in respect of all other losses arising under or in connection with any contract to supply goods to he Customer, whether in contract, tort (including negligence), duty or otherwise, shall in no circumstances exceed the amount paid by the Customer for those goods.
13.3 In the case of faulty goods, the Company shall have the option to replace those faulty goods with equivalent goods without making any further payment or reimbursement to the Customer.
14. FORCE MAJEURE
I14.1 If a Force Majeure event prevents the Supplier from supplying any goods that have been ordered for more than 3 months, the Company shall, without limiting its other rights or remedies, have the right to terminate its contract to supply such goods immediately by giving written notice to the Customer.
15. APPLICABLE LAW AND FORUM
15.1 All contracts for the sale of goods between the parties and these Terms and Conditions shall be governed by the laws of England. The Courts of England Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions and any contact between the parties or its subject matter or formation (including non-contractual disputes or claims)
16.1 If any of these Terms and Conditions are held to e unenforceable or void, this shall not affect the remaining provisions and the affected provision(s) shall be replaced by ones that come closest to the intention of the parties.
Atelier Interiors Limited Registered office: 2nd Floor, Argosy Works, 201-205 Kingston Rd, Leatherhead KT22 7PB Registered in England No: 6386428 VAT registration number: 92 797 8262