ALL ORDERS FOR GOODS, INCLUDING WITHOUT LIMITATION SALON FURNITURE, MADE FROM YOU TO US ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
1. The contract between us (applicable if order is placed via website)
We must receive payment in full for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order can be accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2. Price and title
2.1 Unless otherwise
agreed between us in writing, the prices payable for goods that you order are
set out in our website as at the date of the order (applicable if order is
placed via website).
2.2 Unless otherwise stated, the price set out in our website is exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts you shall pay in addition when it is due to pay for the order.
2.3 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
2.4 Our delivery charges are set out in our website (applicable if order is placed via website).
2.5 If you qualify for a discount of the price of the goods you will pay the discounted price, the discounted price will exclude any applicable tax.
2.6 The goods remain the property of Dream In Reality Group until you have paid for them in full.
3.1 Unless we agree a
different way of payment, you should pay the goods by credit or debit card
prior to dispatch or delivery.
3.2 Payment of the price for the goods is due in pounds sterling or other currencies as we may decide from time to time.
3.3 Time for payment shall be of the essence.
3.4 No payment shall be deemed to have been received until we have received cleared funds.
3.5 You shall make all payment s due under this agreement in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such
4. Right for you to cancel your contract
4.1 You may cancel
your contract with us for the goods you order at any time before the date we
have delivered the goods to you. You do not need to give us any reason for
cancelling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you cancel your contract and we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our directed address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
5. Cancellation by us
5.1 We reserve the
right to cancel the contract between us if: 5.1.1 we have insufficient stock to
deliver the goods you have ordered;
5.1.2 we do not deliver to your area; or
5.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.3 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of you order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver
the goods ordered by you to the address you give us for delivery at the time
you make your order. For any first order with us, we reserve the right to only
deliver the goods to the registered address of the credit card or debit card
used when the order was made.
6.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of you order. Delivery charges included in our prices are to CURB SIDE only, i.e. NO STEPS AT ALL, enabling goods to be transported via a level surface.
6.3 Subject to clause 2.6 above, you will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.1 Where we are not
the manufacturer of the goods, we shall endeavor to transfer to you the benefit
of any warranty or guarantee given to us.
7.2 We warrant that (subject to the other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery, the goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
(b) be reasonably fit for purpose; and
(c) be reasonably fit for any particular purpose for which the goods are being bought if you had made known that purpose to us in writing and we have confirmed in writing that it is reasonable for you to rely on the skill and judgment of us.
7.3 We shall not be liable for a breach of any of the warranties in condition 7.2 unless:
(a) you give written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within 3 days of the time when you discover or ought to have discovered the defect; and
(b) we are given a reasonable opportunity after receiving the notice of examining such goods and you (if asked to do so by us) return such goods to our place of business at our cost for the examination to take place there.
7.4 We shall not be liable for a breach of any of the warranties in condition 7.2 if:
(a) you make any further use of such goods after giving such notice; or
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or
(c) you alter or repair such goods without our written consent.
7.5 Subject to condition 7.3 and condition 7.4, if any of the goods do not conform with any of the warranties in condition 7.2 we shall at our option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if we so request, you shall, at our expense, return the goods or the part of such goods which is defective to us.
7.6 If we comply with condition 7.5 we shall have no further liability for a breach of any of the warranties in condition 7.2 in respect of such goods.
7.7 Any goods replaced shall belong to us and any repaired or replacement goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
8. Limitation of liability
8.1 Save where the
goods are second-hand goods and subject to this clause 7, they are sold with
the benefit of the manufacturer’s warranty or guarantee and subject to the
terms applicable to such warranty or guarantee.
8.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question. No liability is accepted for any defect resulting from fair wear and tear, willful damage, water or liquid damage or where the goods are second-hand goods.
8.3 If you do not receive goods ordered by you within 60 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 70 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question in whatever way we chose.
8.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damages or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
8.5 You must observe and comply with all applicable law regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must in writing and sent to our contact address at 24C Woodward Ave, Ridgewood, NY 11385 and all notices from us to you will be displayed on our website from time to time (applicable if order is placed via website) or sent to the address provided to us with your order. Any changes should be notified to us in writing.
10. Events beyond our control
We shall have no liability to you from any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial dispute, breakdown of systems or network access, flood, fire, explosion or accident.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under U.S Contracts (rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with U.S law and the U.S courts shall have jurisdiction to resolve any disputed between us.
14. General and entire agreement
14.1 These terms and
conditions, together with our current website prices, delivery details, contact
the whole of our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood as a
variation of these terms and conditions or as an authorized representation
about the nature or quality of any goods offered for sale by us. Save for fraud
or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Failure or delay by us in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.
14.4 Any waiver by us of any breach of, or any default under, any provision of this agreement by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this agreement.