Terms and Conditions

 

Contracts   1. All our contracts with customers are on these conditions to the exclusion of all other terms and conditions. 2. These conditions apply to all La Belle Étoffe’s sales and any variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing and signed by a duly authorised officer of La Belle Étoffe. By making an order (whether by telephone, e-mail, post or in person) the customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of La Belle Étoffe which is not set out in the contract. Nothing in this condition shall exclude or limit La Belle Étoffe’s liability for fraudulent misrepresentation. 3. Each order or acceptance of a quotation by the customer shall be deemed to be an offer by the Customer to buy the goods subject to these conditions. 4. The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Purchases / Orders   1. All orders must be completed with full details of the customer’s address, telephone numbers and e-mail. 2. For goods in stock, payment must be made in full whether goods are being collected immediately by the customer or delivered. The delivery charge must also be settled in full. 3. Commissioned Items must be paid for in full at time of order whether goods are being collected immediately on completion by the customer or delivered. This payment is non-refundable and cannot be used against a future purchase should the customer change their mind. Please be sure about your order to avoid these charges. The delivery charge must also be settled in full. 4. For items which are out of stock, a 50% deposit must be made. This deposit is non-refundable after three days from date of order and cannot be used against a future purchase should the customer change their mind. Please be sure about your order to avoid these charges. The goods will not be delivered on the agreed delivery date unless cleared funds for the entire purchase price have been received in full 4 days prior to the agreed delivery date. 5. We aim to be as accurate as we can with delivery estimates but they are not binding. Delays may occur in shipping which we have no control of and we ask our customers to be patient should unforeseen delays occur. 6. All our painted furniture is hand finished and as such some pieces may vary in colour. Every effort is made to avoid this.

Delivery   1. Deliveries are made by either La Belle Étoffe or by a 3rd party specialist furniture courier. Packing Charges are included in the price for postage and 3rd party courier deliveries, packing materials are used in the vehicle for items delivered by La Belle Étoffe. Days and times for delivery are estimates only and shall not be made of the essence by notice. 2. On delivery you will be asked to sign a delivery note to say that the goods have been received in good order and that all ordered goods have been delivered. 3. Deliveries are only ever made by one delivery person who is not insured or authorised to deliver anywhere other than to the threshold of the property or to assist with transferring the goods into the customer’s property. Please ensure that help and appropriate equipment is on hand to allow delivery. 4. Goods will only be brought to the threshold of any property. It is the customer’s responsibility to arrange for the goods to be arranged within the property and is not the responsibility of La Belle Étoffe drivers or 3rd party couriers. 5. La Belle Étoffe will only take responsibility for assembly when delivering an original antique armoire or original antique bed. 6. It is the customer’s responsibility to ensure that all ordered goods fit into the home and that there is no restricted access. La Belle Étoffe cannot give refunds for goods that cannot fit into the home or cannot be delivered due to access, unsuitability or any fault of the customer. 7. Subject to the other provisions of these conditions La Belle Étoffe shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery, nor shall any delay entitle the customer to terminate or rescind the contract, unless such delay exceeds 180 days. 8. If for any reason the customer fails to accept delivery of any of the goods when they are delivered or La Belle Étoffe is unable to deliver the goods on time (because the customer has not provided appropriate access, instructions, documents, licences or authorisations) risk in the goods shall pass to the customer (including for loss or damage caused by La Belle Étoffe’s negligence); the goods shall be deemed to have been delivered; and La Belle Étoffe may, but need not, store the goods until delivery, and if it does provide such storage, the customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance) at a cost of £20 per fortnight or part thereof.

Customer Collection.   1. When goods are collected by the customer or the customer’s agent, such as courier not arranged or paid by La Belle Étoffe, the goods will be deemed to have been viewed and accepted by the customer. The customer will become the owner of the goods when so collected whereupon we will not be liable for their loss or destruction. It is recommended that the customer ensures that the courier holds credible insurance and has provision, such as blankets and/or packing materials for the protection of the goods in transit. 2. La Belle Étoffe will require to see and make a copy of, a form of identification of said agent before releasing goods.

Risk / Title   1. The goods are at the risk of the customer from the time of collection, delivery or attempted delivery. 2. Ownership of the goods shall not pass to the customer until La Belle Étoffe has received in full (in cash or cleared funds) all sums due to it in respect of the goods; and all other sums which are or which become due to La Belle Étoffe from the customer on any account.

Returns    1. Private United Kingdom customers have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations"). For full details the Regulations must be consulted, but in summary: (a) the right to cancel must be exercised on or before the end of the seventh working day following the day after delivery of the goods; (b) any customer wishing to exercise this right to cancel must notify the vendor at the following address: in writing to La Belle Étoffe, 37 Rossiters Road, Frome, BA11 4AJ or by email to sales@la-belle-etoffe.co.uk; (c) as a further condition of the right to cancel customers must also arrange (at their own expense) to return the goods in a saleable condition at the address referred to in (b) above as soon as possible (if the vendor has to collect or pays the return cost then this will be deducted from any refund). The goods will be deemed returned when actually received by the vendor at the said address; (d) pending the return of the goods they must be kept in good condition; (e) customers shall be entitled to a full refund (less any charges referred to in (c) above) on full compliance with the foregoing. (f) Goods collected from La Belle Étoffe by customer or customer’s agent, such as courier not arranged or paid for by La Belle Étoffe, will be deemed to have been viewed and are excluded from the Right to Cancel. (g) Goods ordered by telephone, email or internet following viewing in showroom are excluded from the Right to Cancel (i) Any goods made to customers' specifications or clearly personalised are excluded from the right to cancel. (iii) Other than returns in accordance with paragraph 6(i) above, we reserve the right to charge a 15% handling charge where we accept the return of any goods. 2. Refunds will not be given for any purchases in our shop or any special orders or commissions. 3. Any damages must be reported within 24 hours of delivery, La Belle Étoffe will then aim either to replace the damaged item immediately or, if this is not possible as a suitable replacement is unavailable, to give a full refund. 4. La Belle Étoffe will not refund goods simply because they do not match, suit or fit or because they are unsuitable to the position the customer envisaged. Each piece is unique and vintage so cannot be returned a manufacturer. We ask all our customers to check their measurements and access to avoid disappointment.

Care    1. We recommend our painted furniture is kept out of direct sunlight to avoid the paint colour fading. 2. We recommend the use of a dry cloth for cleaning. 3. We create an aged effect on some of our goods, any stains, cracks and chipped paint is part of the desired effect and should not be considered a defect. 4. Because the furniture is painted, cracks and chips may appear in time but this is quite normal for wood furniture and should enhance the appearance. 5. We do not guarantee that our antique and vintage furniture products are free from woodworm etc., although, where evident, our products are treated with Cuprinol 5 Star Wood Treatment.. 6. We are unable to offer commercial warranty on our products.

Limitation of Liability   1. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract. 2. Nothing in these conditions excludes or limits the liability of La Belle Étoffe:  for death or personal injury caused by La Belle Étoffe’s negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for La Belle Étoffe to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation. 3. Subject to the above La Belle Étoffe’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and La Belle Étoffe shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

Force Majeure   La Belle Étoffe reserves the right to defer the date of delivery or to cancel the contract (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of La Belle Étoffe .

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