1 Our details
www.styledirectfurniture.co.uk is a site operated by Style Counsel Interiors Limited (‘we’ ‘us’ or ‘our’), our registered office is situated at 21 Holmesville Avenue, Congleton, Cheshire CW12 4HA and our registered number is 4932197. Our VAT number is GB781957577.
The following definitions apply in these conditions: You: the person, firm or company who purchases the Goods from us.
Contract: any contract between us and you for the sale and purchase of the Goods through our site incorporating these conditions.
Goods: any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).
3 Application of terms
3.1 Subject to any variation under condition 3, the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
3.2 These conditions apply to all our sales made through our site. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by one of our directors.
3.3 So that we can be certain of the terms of the Contract, you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract or agreed in writing. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
3.4 In the event of us becoming aware of any inaccuracies, typographical, clerical or other error or omission in any sales literature, quotation, price list or other document or correspondence issued by us, we shall contact you as soon as possible and such document or correspondence shall be subject to correction without any liability on our part.
4 Your Status
By placing an order through our site, you warrant that:
4.1 you are legally capable of entering into binding contracts; and
4.2 you are at least 18 years old.
5 How the Contract is Formed Between You and Us
5.1 After placing an order, you will receive an email from us acknowledging that we have received your order (Acknowledgement of Order). Please note that this email does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and orders shall only be deemed to be accepted on receipt by us in full (in cleared funds) of all sums due to us in respect of the Contract, including delivery charges and all other sums which are or which become due to us from you on any account.
5.2 After full payment has been received by us, we will send you an email constituting an invoice (“Invoice”). The Invoice is for confirmation purposes only and confirms that the order is being processed.
5.3 You shall ensure that the terms of your order are complete and accurate in accordance with the instructions on our site. The Contract will relate only to those Goods which are detailed in your order and we will not be obliged to supply any other Goods to you. Please note that all orders are subject to availability.
5.4 Please ensure that you have ordered your Goods correctly, taking into account the dimensions of the item(s). Please note that the furniture comes in a variety of stages of assembly, ranging from items requiring full assembly to items that are already pre-built.
6 Our Status
6.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that goods you purchase from third party sellers though our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller.
7.1 The quantity and description of the Goods shall be as set out in our Acknowledgement of Order.
7.2 We are continually updating our stock and reserve the right to amend specifications of any products without prior notice in relation to future sales. Where Goods have been ordered, there may be very minor differences to those displayed on our website or brochure, however such Goods supplied will be, unless agreed with you, of equivalent value, functionality and of substantially the same appearance.
7.3 Some furniture is made from quality natural wood or leather and accordingly appearances may vary. Some woods will mellow with age and exposure to sunlight. Further, some woods will contain knots, which are natural qualities of the wood and are not defects. Leather products may not be uniform in colour or texture. Whilst we endeavour to select only the finest hides, hides may show natural marks and scars.
7.4 We endeavour to display and capture as accurately as possible the colours and details of our products on our site. However we cannot guarantee the complete accuracy of the descriptive matter, specifications, pictures, photographs and illustrations that are shown on our site.
8.1 Delivery of the Goods shall take place at the place of delivery (in the room of your choice, where provided for on the relevant product page) stated on the Acknowledgement of Order. For the avoidance of doubt, in respect of assembly and light assembly items, it is your responsibility to install and assemble the Goods.
8.2 Dates for delivery of the Goods shall be as stated on the Acknowledgement of Order.
8.3 If for any reason (except as set out under condition 13.2) you fail to accept delivery of any of the Goods when they are ready for delivery, or if we are unable to deliver the Goods because you have not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to you (including for loss or damage caused by our negligence);
(b) we may store the Goods until redelivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, any further costs of delivery, storage and insurance); and
(c) we shall be entitled to cancel your order and refund your payments less the cost of delivery.
8.4 It is your responsibility to provide us with details of any difficulties particular to the place of delivery including access restrictions to doorways, stairs, lifts, steps or passageways and also parking or unloading restrictions, including narrow roads. When we contact you pursuant to condition 8.2 to arrange a delivery slot, you should inform us of the details affecting delivery via telephone on 0845 6042452, or by email at firstname.lastname@example.org.
8.5 You are responsible for providing a safe means of access and clear access way from the public highway to the place of delivery (and room of delivery, where provided for on the relevant product page). If our delivery staff consider that access is unsafe then we will not deliver the goods until safe access is provided and you shall be deemed to have failed to accept delivery.
8.6 If requested by us prior to the delivery date, you shall provide at your risk and expense adequate and appropriate equipment and manual labour for unloading the Goods at the place of delivery.
8.7 On delivery to you, you shall inspect the packaging of the Goods and shall sign the driver’s delivery note on which you shall note any defect or omission with the Goods which is identified during such inspection. You should then inspect the condition of the Goods, and if there are any defects or omissions, notify us immediately by telephone on 0845 6042452 or by email at email@example.com.
8.8 If you fail to give notice under condition 8.7 then, except in respect of any defect that is not one which should be apparent on reasonable inspection, the Goods shall be deemed to be free of any defect which should be apparent on reasonable inspection and of the correct quantity and accepted by you.
8.9 Any liability of ours for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against the Invoice raised for such Goods.
8.10 Subject to the other provisions of these conditions we shall not be liable for any loss caused directly or indirectly by any delay in the delivery of the Goods nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.
9.1 The Goods are at your risk from the time of actual delivery pursuant to condition 8.
9.2 Ownership of the Goods shall not pass to you until we have received in full (in cleared funds) all sums due to us in respect of the Contract, including delivery charges and all other sums which are or which become due to us from you on any account.
10.1 The price for the Goods shall be as set out in the Acknowledgement of Order and Invoice, except in cases of obvious error. These prices include VAT.
10.2 Delivery will take place only to addresses in England, Scotland and/or Wales. Costs for delivery will be set out in the Acknowledgement of Order and Invoice.
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acknowledgement of Order.
11.1 Payment of the price for the Goods is due in pounds sterling and payment for all Goods must be by credit or debit card. No payment shall be deemed to have been received until we have received full payment in cleared funds.
11.2 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.
11.3 If you fail to pay us any sum due under the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the prevailing Bank of England Base Rate, accruing on an daily basis until payment is made, whether before or after any judgment. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.
12 Refunds, Returns and Cancellations
12.1 There will be no right to cancel, vary or return the Goods in any circumstances other than those set out in this condition 12.
12.2 If you are contracting as a consumer, you have the right to cancel a Contract within seven working days, beginning on the day after the date the Goods are delivered (“Cooling Off Period”). Where you exercise your right as a consumer to cancel the Contract during the Cooling Off Period:
(a) you are entitled to a refund which will be processed as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item(s) to you; however you will be responsible for the cost of returning the item(s) to us;
(b) you must inform us in writing or by email of your intention to return the Goods prior to postage.
(c) where you return the Goods to us, for your protection, we recommend that the Goods be returned via a safe and secure means appropriate for the type of goods concerned;
(d) the returned Goods must be in their original packaging (with any accessories) and in the condition in which they were provided to you by us and should also be accompanied by all corresponding order details. For the avoidance of doubt, in respect of any Goods which require assembly/light assembly, such Goods cannot be part assembled or assembled and then returned to us; and
(e) you have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We reserve the right to withhold all or part of your refund if items are returned to us damaged.
12.3 The right to cancel the Contract during the Cooling Off Period, pursuant to condition 12.2 does not apply to:
(a) Goods that have been personalised, which will not be refunded or exchanged in any circumstances.
12.4 Where you return the Goods to us because you claim that the Goods are defective:
(a) you must inform us in writing of the alleged default and at our discretion and election we will arrange to pick up the Goods or for you to send the Goods back to us at our cost;
(b) upon our receipt of the Goods, we will examine the returned Goods and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable costs incurred by you in returning the item to us (provided that you have returned the item(s) to us via a safe and secure means appropriate for the type of goods concerned;
(c) we reserve the right, in relation to Goods which comprise of several parts and which are found to have a part(s) missing, to deliver the missing part(s) to you or replace the whole item at our discretion free of charge as soon as possible, and in any case, within 30 days. If an item is found to have a part(s) missing, we do not consider the item to be a defective product; and
(d) you have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We reserve the right to withhold all or part of your refund if items are returned to us damaged.
12.5 Your rights under this condition 12 do not affect your statutory rights.
12.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13 Quality & Warranty
13.1 Where we are not the manufacturer of the Goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
13.2 Without prejudice to your rights under condition 13.1, we warrant that (subject to the other provisions of these conditions) upon delivery and for a period of 12 months from the date of delivery:
(a) the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) the Goods will be reasonably fit for all of the purposes for which goods in the nature of the Goods are commonly supplied.
13.3 We shall not be liable for a breach of any of the warranties in condition 13.2 unless:
(a) in the case of a defect apparent on reasonable inspection you give notice of the alleged defect to us in accordance with condition 8.7; and
(b) in all other cases, you give us written notice of the alleged defect within 7 days of discovery and we are given a reasonable opportunity of examining the alleged defect after receiving the notice.
13.4 We shall not be liable for a breach of any of the warranties in condition 13.2 if:
(a) you make any further use of the Goods after giving such notice as required by condition 13.3(a); or
(b) the defect arises because you failed to follow our, or the manufacturer’s, 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.
13.5 Subject to condition 13.3 and condition 13.4 if any of the Goods do not conform with any of the warranties in condition 13.2 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.
13.6 If we comply with condition 13.5 we shall have no further liability for a breach of any of the warranties in condition 13.2 in respect of such Goods and/or remedial services.
13.7 Where we have replaced any Goods, the Goods that have been returned will belong to us and any repaired or replacement Goods and any remedial services carried out shall be guaranteed on these terms for the unexpired portion of the 12 month period.
14 Our Liability
14.1 Our maximum total liability to you for losses you suffer as a result of us breaching the Contract or otherwise in connection with the Contract shall be strictly limited to the Contract price for the Goods.
14.2 Without prejudice to condition 14.1, we will not be responsible under or in connection with the Contract for indirect or consequential losses or any of the following types of losses, whether arising directly or indirectly: any business loss (including loss of profits, income or revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); any loss on resale; or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when the Contract for the sale of the Goods by us to you was formed.
14.3 We will not be responsible for direct or indirect loss(es) which happen as a result of your misuse of the Goods, including but not limited to, circumstances where you do not follow the guidelines accompanying any delivery of Goods.
14.4 Where you buy any product(s) from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
14.5 Nothing in these conditions excludes or limits in any way the liability of us:
(a) for death or personal injury caused by our negligence; or
(b) under section 2(3) of the Consumer Protection Act 1987; or
(c) for any matter which it would be illegal and/or unlawful for us to exclude, or attempt to exclude our liability; or
(d) for fraud or fraudulent misrepresentation; or
(e) with regard to your contract cancellation rights at condition 17 below.
15 Import Duty
15.1 If you order Goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
15.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
16 Health & Safety
16.1 You must read carefully any safety warnings and follow clearly any guidelines which accompany the Goods. If you are in any doubt about the use of the Goods, the meaning of any warnings, or whether your intended use of the Goods is safe, we urge you to contact the manufacturer for clarification prior to use. We will not be held responsible for any negligent use or misuse of the Goods. If no instructions are issued and you have a query about how to use the Goods you are purchasing, we request that you consult the manufacturer.
17 Written Communications
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18.1 All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in this clause. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, and in the case of an email, that such email was sent to the specified email address of the addressee. As such, please ensure that your email address has the appropriate level of anti spam settings so that emails from us to you are not filtered out.
19.1 You may not transfer, assign, charge, novate sub-contract or otherwise dispose of a Contract, or any of your rights or obligations arising under these terms and conditions or any related order for products, to any third party unless agreed upon in writing by us.
19.2 We reserve the right to transfer, assign, charge, novate, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under these terms and conditions or any related contract, to any third party at any time during the term of the Contract.
20 Events beyond our reasonable control
We will not be liable or held responsible for any delay or failure to comply with any of our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control (Force Majeure Event). A Force Majeure Event shall include, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, however if the Force Majeure Event in question continues for a continuous period in excess of 30 days, you are entitled to give notice in writing to us to terminate the Contract. This condition does not affect your statutory rights.
21 Entire Agreement
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. In entering into a Contract, the parties acknowledge that neither has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these terms and conditions.
21.2 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. Whilst we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for variations from these terms and conditions to be confirmed in writing.
22 Our Right to Vary These Terms And Conditions
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we receive full payment for your order in cleared funds (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods.)
23 Data Protection
23.2 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
24.1 Each right or remedy of ours under the Contract is without prejudice to any other right or remedy we may have whether under the Contract or not.
24.2 If any of these terms and conditions or any provisions of a Contract are held by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.3 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
24.4 Any waiver by us of any breach of, or any default under, any provision of the Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
24.5 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
24.6 Contracts for the purchase of Goods through our site shall be governed by the laws of England and any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.