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Terms & Conditions

Terms and Conditions for online supply of goods

These Terms and Conditions govern, to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order or similar, the supply of goods by Art and Furniture Revival Limited by website orders, orders placed by telephone, post or email.

1.  Definitions
In these and any other terms and conditions included in the Contract, the expressions listed below shall have the following meanings:

"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.

"Customer, (You, Your)" means whoever accepts the Price and places the Order for Goods with Us.

"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.

"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.

"Goods" means any items offered for sale by Us and requested by You in the Order.

"Order" means Your request to purchase any Goods.

"Price" means that amount agreed between Us and accepted by You in respect of the Goods and shall also include delivery and insurance costs and any applicable Value Added Tax or other taxes or duties.

"Seller (We, Us, Our)" means Art & Furniture Revival Limited a company registered in England under number 07627503 and whose registered office is at 34a Station Road, Cuffley, Potters Bar, Herts, EN6 4HE, and its authorised representatives and assignees. Our email address is info@artandfurniturerevival.co.uk 

"Website" means Our websites to be found at www.artandfurniturerevival.co.uk

2. Order Process
a. All Orders are to be submitted to Us on our Websites or by emailing Your Order direct to Us at info@artandfurniturerevival.co.uk
i. You will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason.
ii. If at any time you wish to alter the details of your Order, please contact info@artandfurniturerevival.co.uk. You will not be able to alter the details of the Order once the Order has been placed in our order processing system (This does not affect the rights of Consumers set out in clause 10 below).
iii. No binding contract is formed until We have placed the Order in our order processing system.
b. We will retain a copy of the Contract for one year in the case of all orders. We strongly advise You to keep a copy for Your own records.

3. Obligation to Supply
a. We are only liable to supply You with those Goods which:
i. You describe accurately in your Order; and
ii. are in stock at the time of receipt of Your Order.
b. Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgment in selecting the Goods. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.

4. Delivery
a. We will dispatch the Goods to an address in the United Kingdom during normal business hours within 2 working days of the date of receipt of your Order unless an esimated date for delivery of the Goods is given at the point of Your Order.
b. Where an estimated date for delivery of the Goods is given at the point of Your Order We may deliver the Goods in advance of the estimated delivery date upon giving You reasonable prior notice of the same.
c. Where the delivery address is outside the United Kingdom we will dispatch the Goods within 2 working days of receiving Your Order and You shall be responsible for complying with any legislation or regulations governing the export from the United Kingdom or the importation into the country of desitination of the Goods and for the payment of any duties thereon.
d. In either case, We will, unless otherwise agreed, dispatch the Goods by appropriate carriage and charge You our standard handling charge of what is applicable to the destination of the goods and insurance costs and any applicable Value Added Tax if the item is subject to VATor other taxes or duties for each delivery. If You request delivery by any other method We will advise You of our handling charge and any insurance costs and any applicable Value Added Tax if the item is subject to VAT or other taxes or duties for each delivery.
e. Where the Goods are delivered in instalments each delivery shall constitute a separate Contract and failure by Us to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by You in respect of any one or more instalments shall, to the extent possible, not entitle You to treat the Order as being cancelled.
f. Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the timescales envisaged at 4(a) and 4(b) above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.
g. We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.
h. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price together with the delivery fee, insurance costs and any other applicable taxes or duties in accordance with clause 8.
i. Where We do accept the return of duplicated Goods delivered in accordance with a valid Order, We reserve the right to apply an administration charge of 5% of the total value of the Order or £10, whichever is the greater.
j. Nothing in this clause 4 affects the rights of Consumers as set out in Clause 10 below.

5. Damage or Loss in Transit
a. We will replace at no extra cost to You or issue a refund of the Price of any Goods damaged on or before delivery, provided that You notify Us of the damage in writing by email within 3 days from receipt of the Goods.
b. Subject to clause 5(a) above, We will replace at no extra cost to You or issue a refund of the Price of, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or by email at info@artandfurniturerevival.co.uk if the Goods fail to arrive within 7 days after the anticipated delivery date.

6. Ownership of the Goods
a. Ownership of the Goods will not pass to You until We have received full payment for them.
b. Until ownership of the Goods has passed to You:
i. You are responsible for taking all necessary steps to prevent damage, loss or harm to the Goods and you shall insure the Goods at Your expense and for Our benefit; and
ii. You will hold the Goods as bailee and will resell them on Our behalf as Our agent if we instruct you to do so.
c. If You become insolvent before We have received full payment for the Goods, We may take the Goods back at Your expense. In the event that You become insolvent, You authorise Us or Our agents or representatives to enter Your premises in order to take back the Goods or to inspect the Goods.

7. Warranty
a. Subject to clause 7(b), We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.
b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.
c. These Terms and Conditions do not affect any statutory rights You may have.
d. If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.
e. Any representation or statement by Us as to the authorship, origin, date, age medium, attribution, genuineness, provenance or condition is a statement of reasonable opinion only based on the generally accepted opinion of experts at or about the time of Order.
f. All Goods are sold with all faults and imperfections as notified on Our Website and You should satisfy yourself by inspection and rely upon your own judgment as to their condition or otherwise.

8. Payment
a. You shall pay Our invoice for the Price of the Goods (including any transport costs and insurance) within 3 days of the date of Our invoice and prior to the Goods being dispatched, unless We agree otherwise in writing.
b. If You do not pay any sums due hereunder by the due date for payment, at Our discretion We may either elect to cancel the Contract or suspend further deliveries to You or charge interest on any outstanding amount at the rate of 1% per month above the base rate of HSBC Bank Plc from the due date for payment to the date payment is made.
c. All payments shall be made in £ sterling. You are responsible for paying any bank or transmission charge in addition to the Price.

9. Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.

10. Cancellation of Order
a. Where You are a Consumer, and entitled to cancel under the Consumer Protection (Distance Selling) Regulations 2000, You may cancel Your Order without giving any reason by notifying us in writing (or by email – info@artandfurniturerevival.co.uk) within 7 working days from the date of receipt of the Goods.
b. In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Goods to Us.
c. However Orders for the supply of audio or video recordings or computer software may not be cancelled once the Goods have been unsealed.
d. Where you are not a Consumer You may cancel your Order at any stage before the Goods have been placed in our order processing system.

11. Returns
a. We will replace at no extra cost or issue a refund of the Price of any goods damaged before or on delivery, if you notify us in writing by email within 3 days of their receipt.
b. We will replace at no extra cost to You or issue a refund of the Price of, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us in writing by email if the Goods fail to arrive within 7 days after the anticipated delivery date.
c. Our acknowledgement must be sought before any goods are returned for credit. Customer Services telephone number: 01923 853940, , e-mail: info@artandfurniturerevival.co.uk.

12. Waiver & Severability
a. Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.
b. If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

13. Communications
a. Apart from Orders placed pursuant to clause 2 above, any notices, request or other communication required under these Terms and Conditions shall be in writing, and may be delivered by post or email.
b. Notices will be deemed to be delivered within 48 hours of posting where they are delivered by ordinary first class mail to an address within the UK and within five working days of posting where they are delivered by air mail to an address outside of the UK or, where they are sent by email within 24 hours of the email being sent.
c. Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.

14. Other provisions
The terms and conditions of use of Our website, our data protection policy and copyright notices (‘Other Provisions’) shall be incorporated into these Terms and Conditions and shall be equally binding on You when You enter into a Contract with Us.

15. Exclusion of liability
a. Except in the case of death or personal injury caused by Our negligence, our liability under or in connection with this Contract, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of either the Price of the Goods.
b. We shall not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You of an indirect or consequential nature nor for any economic loss or other loss of turnover, profits, business or goodwill.
c. Nothing in this Agreement excludes liability for Our fraud.

16. Variation
These Terms and Conditions are the only terms which apply to this Contract. No variation to these Terms and Conditions shall be valid unless agreed in writing by Us.

17. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

18. Heading
The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.

19. Governing Law and Language
a. These Terms and Conditions shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts.
b. These Terms and Conditions are written in the English language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.

Copyright Notice

© Art and Furniture Revival Limited - June 2011. All rights reserved

 
Website Terms and conditions of use 

LAST UPDATED: June 2011

1 We are Art and Furniture Revival Limited and we own and operate this website (‘Site’).

2 Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3 You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

4 We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

5 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

6 The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

7 We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
7.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
7.2 any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

8 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
8.1 use the Site for any fraudulent or unlawful purpose;
8.2 use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
8.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
8.4 interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
8.5 transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
8.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
8.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
8.8 remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
8.9 frame or mirror any part of the Site without our express prior written consent;
8.10 create a database by systematically downloading and storing Site content;
8.11 use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
8.12 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
8.13 Links to the Site directly from a third party site must be requested in writing and are only permissible following written confirmation; if you do link to the Site, you agree that you will disable and remove any such link promptly upon our request.

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