TERMS AND CONDITIONS
1.Terms of Sale
Company's agreement to sell products to Buyer (customer) is expressly conditioned on Buyer (customer)'s assent to these Terms and Conditions. Swanky Ltd, trading as “Swanky Design” (Company or Seller) reserves the right to revise its Terms and Conditions at any time. Buyer (customer) is advised to keep up to date with the contents of Company's current Terms and Conditions prior to any purchase of products.
2.Orders
All orders shall be subject to acceptance by Company.
Company reserves the right to cancel some or all of its entire sale of products to Buyer (customer) at any time prior to shipment. Buyer (customer) orders shall be subject to these Terms and Conditions, whether or not the order so states.
Orders may not be modified or changed by Buyer (customer) unless approved in writing by Company.
3.Price and payment.
Unless otherwise stated, prices are, and payment shall be, in GBP or currency stated by Swanky Ltd to the buyer.All of the Company's prices, discounts and credit policies are subject to change by Company without notice to Buyer (customer). Buyer (customer) shall not set off amounts due to Company against claims against Company.
In no event shall company be liable to buyer (customer) or any third party for any lost profits or incidental, special or consequential damages due to any problems or delays in shipment or delivery.
4.Our Rights
Swanky Ltd reserve the right to:
modify or withdraw, temporarily or permanently, the Website or brochure (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website or brochure; and/or change the conditions from time to time, and your continued use of the Website or brochure (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website and brochure.
Swanky Ltd reserves the right to change or amend any goods or their specification as displayed or indicated in any advertisement on the company literature without prior notice or consent from the buyer other than information contained in a specific written quotation given by Swanky Ltd.
5.Reservation of Title:
All goods supplied remain the property of Swanky Ltd until payment is received in full. If legal action is necessary in order for the Seller to recover any sums due, the Seller shall then be entitled to recoup all their legal expenses incurred in collecting these sums, upon a Solicitor and own client basis and whether or not proceedings are actually issued.
6.Materials
The goods which the Seller offers to supply are designed for the purpose described in the Sellers trade literature and are subject to any limitations therein contained. No warranty is given that the goods are fit for any other purpose, unless the Buyer gives to the Seller in writing details of that purpose and the Seller expressly warrants to the Buyer that the goods are fit for that purpose. The Seller shall not be bound by any oral statement or representation unless it is confirmed in writing.
7.Cost Variation
All prices are subject to market fluctuations and the actual prices to be paid by the Buyer shall be the Sellers prices ruling at the date of despatch.
8.Value Added tax
All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT.
9.Contracts
The Seller shall have the option (without prejudice to any of his rights against the Buyer) by notice in writing to the Buyer to rescind any contract between the Seller and the Buyer or to suspend delivery in the following events (I) should any sum owing by the Buyer to the Seller be overdue, whether under the same or any other contract, (ii) should a Buyer be in breach of any term of the same or any other contract with the Seller (iii) should the Buyer enter into any composition or arrangement with or for the benefit of his creditors, have a receiving order in bankruptcy made against him or (if a corporate body) should it go into liquidation either voluntary or compulsory or under supervision except for the purposes of re-organisation or reconstruction of a company.
10.Delivery
(i) If no time for delivery is specified in the contract the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller.
(ii) The Seller shall not incur any liability or obligation to the Buyer in respect or any failure to deliver or delay in delivery occasioned by any cause beyond his control. In the case of any failure to deliver or delay in delivery occasioned by some cause within his control the Seller shall be under no liability or obligation to the Buyer in respect of any indirect or consequential loss.
(iii) Upon delivery the risk in the goods (each order being considered as a whole) passes to the Buyer who undertakes to act as the Sellers agent in all matters relating to them and to store them separately from all other goods whether of the customer or of any other person and keep them identifiable as the companies goods. The Seller retains full legal ownership of the goods until full payment for them is received by the Seller when the title to the goods passes to the Buyer.
(iv) If the customer sells the goods before property in them has passed such sales shall be made by the customer as fiduciary agent on behalf of Swanky Ltd and the customer will keep the proceeds of sale separate from the customers own money on trust from Swanky Ltd. Notwithstanding such agency, the customer shall have no authority to bind Swanky Ltd and shall, as between the customer and buyers from the customer, act as principal.
(v) Should the goods become constituents of or be converted into other products while legal ownership remains with us, we shall have the legal ownership in such other products as if they were solely and simply the goods and accordingly sub clause
(iii) Shall as far as appropriate apply to such other products.
(vi)Where ownership of goods supplied remains vested in the Seller under the provisions of this contract then the Seller shall be entitled to repossess any goods supplied. For this purpose, the Seller may enter upon the premises of the Buyer at reasonable hours during the daytime to effect such collection. Where the Buyer has gone into bankruptcy, or where a receiver has been appointed, then any documentation evidencing the sale of the goods to the buyer shall be good proof of the Sellers title.
(vii) all goods are delivered with the cost to be charged to the Buyers account unless otherwise stated.
(viii) a Buyer sending his own materials to Swanky Ltd for processing, will, at his own expense, insure them against loss or damage whilst on Swanky Ltd premises.
All delivery times are only estimates and not actual dates, we are not held liable for any change in delivery times once an order has been placed. Should delivery time be delayed we do not accept liability of any consequential loss. We will contact you if there is a delay. Goods delivered overseas may be subject to import duties and taxes. Such taxes will be payable when the goods reach their destination by the buyer. The liability for payment of such customs duties rests solely with buyer and Swanky Ltd has no control or liability for them.
If for any reason the Buyer fails to accept Delivery of any of the Goods when they are ready for Delivery or fails to collect the Goods when they are ready for Collection, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences authorisations or appropriate equipment and manual labour for unloading the Goods:
(i)risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence);
(ii)the Goods shall be deemed to have been delivered or collected;
(iii) the Company may store the Goods until Delivery or Collection, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance); and
(iv) the payments due under the Contract shall not be delayed.
11.Non-delivery
The quantity of any consignment of goods as recorded by the company on despatch from the company's place of business shall be conclusive evidence of the quantity received by the buyer on delivery unless the buyer can provide conclusive evidence proving the contrary.
The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
The Buyer's right to possession of the Goods shall terminate immediately if:
the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; orthe Buyer encumbers or in any way charges any of the Goods.
The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.
Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
On termination of the Contract, howsoever caused, the Company's (but not the Buyer's) rights contained in this condition shall remain in effect.
12.Warranty
Swanky Ltd warrants that (subject to the other provisions of these conditions) upon 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 the purpose for which they are designed.
Swanky Ltd shall not in any circumstances be liable under this warranty when any defect in Goods is due:
i)To products being used in any abnormal manner: or
ii)To the act, neglect or default of the Buyer :or
iii)Any incorrect or misleading information or instruction given by the Buyer or the absence of such information or instruction.
13.Payment
(i)The Buyer shall be invoiced for the goods with the confirmed order.
(ii)Where Delivery or Collection is by instalments, the Buyer shall be invoiced for each separate on the day of Delivery or Collection of each instalment.
(iii)Depending on the nature of the Goods and the duration of the Contract, the Company reserves the right to require a deposit with the order and the Buyer may be sent an invoice on receipt of the order and on each agreed stage.
(iv)Subject to condition viii, the Buyer shall pay each invoice submitted to the client by the Company in pounds sterling unless another currency is specified by the Company as a pro-forma payment.
(v)Payment may be made either by post to the Company’s registered office or directly into the Company’s designated bank account.
(vi)Time for payment shall be of the essence
(vii)No payment shall be deemed to have been received until the Company has received cleared funds.
(viii)All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
(ix)The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
(x)If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC Bank , accruing on a daily basis until payment is made, whether before or after any judgment.
(xi)Where payment is to be by instalments the Company shall not be bound to take any step in performance of the Contract until the Buyer has paid the deposit or first instalment and if the Buyer shall fail promptly to pay the second or any subsequent instalment the Company shall be entitled to suspend or terminate its performance of the Contract and to call on the Buyer to furnish a bank guarantee for the due payment of the outstanding balance of the price.
(xii)Goods cannot be sent until Cleared funds have been received.
(xiii) All prices are exclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges. Payment can be made by any of the methods specified in the payment section.
14.Claims
(i) it shall be the duty of the Buyer before using the goods, the subject of the contract, for any purpose and before parting with possession of the same, to test and examine the goods in every respect and to satisfy himself of their fitness for any purpose for which they are intended to be used.
(ii) claims in respect of any alleged defect in the quality of the goods delivered, where the defect would have been revealed by normal examination of the products or by reasonable examination of the goods on arrival must be made in writing within 3 days after delivery, or if related to the transport of goods within such times as will enable the Seller to comply with the time limit and procedure of the carriers by whom the goods were transported. If the Buyer shall make any complaint within the time stipulated the Seller shall, after he has had a reasonable time to investigate the same and examine the goods in dispute, be entitled at his option: (a) to replace the goods (if defective), or (b) to accept the return of the goods (if defective) and credit the Buyer with the price thereof, or (c) to make the Buyer (if the goods are defective) an allowance representing the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract providing the Buyer pays the balance not in dispute according to normal terms. Refunds exclude all delivery costs.
(iii) Swanky Ltd is not liable to any loss incurred by a Buyer whose materials should be found to be unsuitable for the processing specified.
(iv) the return of goods shall not be made without prior agreement between the Buyer and the Seller.
15.Limitations of Liability
The Sellers prices are based upon the cost of manufacture of the goods, the cost of insurance cover obtainable by us and the warranties given and liabilities excepted by us under these Terms and Conditions. The Seller shall not be liable for any loss of profits or of contract or other indirect or consequential loss and except as provided in these Terms and Conditions all warranties and liabilities expressed or implied and whether statutory or otherwise are excluded. The Seller will be prepared to negotiate with the Buyer a sufficient price if he requires any variation or extension of the liabilities accepted by us under these Terms and Conditions. These Terms and Conditions supersede any Terms and Conditions from any company purchasing from Swanky Ltd
16.Return Item Policy
Damaged Or Defective Items
If you receive an item that is defective or damaged in transit, please immediately take a digital picture of the item and the shipping box and send it via email to info@swankydesign.com .We will contact you shortly after with next steps.
17.Sale Items
Sale items are sold as-is and are final sales .
Special Order Items
"Special Order," "Custom," or "Built to Order." These items are non-returnable and
non-refundable.
18.Product information
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery times and after-sales service. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website and brochure are correct at the time when the relevant information was released.
The dimensions for the tables stated are for the table tops are within +/-5% of the sizes stated, and do not include the leg frame of the table. The Leg dimensions are not included in the final width or length of the table. The dimensions for the seating range are within +/-5% of the sizes stated.
We reserve the right to make price adjustments if it is discovered that the price is incorrect or to protect us from price rises for reasons such as a supplier’s price increase, new taxes and currency fluctuations.
Swanky Ltd make every effort to ensure colours appear as realistic as possible. However, due to the constraints of digital reproduction on different web browsers, we cannot guarantee exact colour depiction. Please be aware that the actual colour you see on the screen or as part of a printed format may differ to those of your ordered products.Every care is taken to ensure descriptions, colour variation and measurements are accurate, however slight variations may occur. Variations in dimensions may occur due to the design of the product requires to be adapted to ensure the product is suitable for its purpose.
For all items made from natural products, such as wood and marble it is not possible to guarantee items will have the same colour, shade and pattern or finish as items viewed on the website or brochure, due to the inherent nature of such products. Also, we cannot guarantee to match goods exactly which have been ordered at different times.Natural imperfections will occur in the wood, marble and Granite.
For glass items, any imperfection is to be considered as a distinguishing feature of craftsman work, which makes each piece unique. Glass undergoes a thermal treatment that may cause some very slight imperfections.Natural imperfections on the metal can occur during metal production and metal manufacturing processes.
We reserve the right to make price adjustments if it is discovered that the price is incorrect or to protect us from price rises for reasons such as a supplier’s price increase, new taxes and currency fluctuations.
19. Refusal of transaction
We reserve the right to withdraw any products from the website and brochure at any time and/or remove or edit any materials or content on the website or brochure. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the website or brochure whether or not that product has been sold; removing or editing any materials or content on the website or brochure ; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products and lawfully enter into and form contracts under English law you must
: -Provide your real name, phone number, e-mail address, payment details and other requested information. - Be over 18 years of age - Stipulate a delivery address in the United Kingdom or internationally.PO Box numbers, hotels and accommodation addresses are not acceptable.
20. Returns
All Swanky Design products are made to order therefore products can not be returned.
21. Entire agreement
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Swanky Ltd and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.
We reserve the right to change the website, brochure and product range and correct or update information (including product information) on it at any time without notice.
22.Force Majeure
Swanky Ltd shall not be in breach of any obligation hereunder to the extent that performance thereof is prevented or hindered by any industrial dispute, shortage of raw materials or any other cause beyond it reasonable control.
23. Law
The conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
