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Conditions

This Site is operated and owned by Stuart Melrose Ltd and all rights, including copyright of this site are owned by Stuart Melrose Ltd.

These Terms and Conditions apply to all transactions with Stuart Melrose Ltd. Registered office: Sherfield House, Mulfords Hill, Tadley, Hampshire, RG26 3JE. Registered in England and Wales No. 6721302

TERMS OF SALE

These Terms of sale apply to all transactions with Stuart Melrose Ltd.

1. SELLER'S CONDITIONS OF SALE APPLY

These Terms and Conditions of sale apply to and govern all Contracts between us as the Seller ("The Seller") and you as the Buyer ("The Buyer"). On placing an order you accept and agree to be bound by these Terms and Conditions. All prices shown on The Website are considered as an offer by the Seller and the Seller shall not be bound to sell until it has communicated acceptance to the Buyer of the Buyer's order. An order once accepted by the Seller is a Contract (“The Contract”) to supply the goods and/or services on the order. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly accepted by the Seller in writing.

2. PRICES

All prices shown on the website are inclusive of VAT. The Seller reserves the right to increase the quoted price, if there is an increase in such costs to the Seller between the date of order and dispatch.

3. LIMITATION OF SELLER'S LIABILITY

3.1 In any case where it is established to the satisfaction of the Seller that there has been a short delivery or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery the Seller will replace them or where the goods have been damaged accept their return and credit the Buyer with the price thereof provided that:-

3.1.1 Any complaint by the Buyer of short delivery of or damage to the goods shall have been notified in writing to the Seller within 24 hours upon receipt of the goods.

3.1.2 Any complaint by the Buyer of failure to deliver shall have been notified within 24 hours of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier.

3.2 In any case where it is established to the satisfaction of the Seller that when delivered goods contained some defect in quality or did not correspond with sample or description the Seller may (entirely at the Seller's discretion) assign to the Buyer the benefit of any express guarantee or warranty received by the Seller from the manufacturer or supplier of the goods, failing which, provided that any complaint by the Buyer shall have been notified in writing to the Seller immediately upon delivery, the Seller will:-

3.2.1 Replace the goods without further charge, or

3.2.2 Accept the return of the goods and credit the Buyer with the price thereof, or

3.2.3 Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price.

3.3 Save as aforesaid the Seller will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (3.1) and (3.2) of this Condition and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded to the fullest extent permitted by the law governing this Agreement.

3.4 The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in these Terms and Conditions.

3.5 The Seller's entire liability, under any circumstances, shall be limited to the value of the goods.

4. CONSEQUENTIAL LOSS

Without prejudice to the generality of the foregoing provisions the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.

5. TIME OF PAYMENT

All sums due to the Seller shall be paid, by the Buyer in full prior to dispatch.

6. SELLER'S RIGHT OF RECISSION

The Seller shall have the option (without prejudice to any of its other 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: -

6.1 If the Buyer is in breach of any term of the Contract or any other Contract with the Seller and/or

6.2 If the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or has a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsorily or under supervision, or has a receiver appointed over all or any of its assets.

7. BUYER'S RIGHT OF RECISSION

If the Buyer needs to terminate the Contract they must inform the Seller immediately.

8. FORBEARANCE BY SELLER

No forbearance or indulgence by the Seller shown or granted to a Buyer whether in respect of these Terms and Conditions or otherwise, shall in any way affect or prejudice the rights of the Seller against the Buyer or be treated as a waiver of any of these Terms and Conditions.

9. FORCE MAJEURE

The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any material circumstance or circumstances outside the control of the Seller.

10. SIZE AND GAUGE OF MATERIALS

Unless specific warranties in writing are provided for accurate sizes, all sizes referred to on the website are approximate only.

11. LAW

These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.

12. THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.

ACCURACY

The weights and dimensions given are approximations. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor settings, we cannot guarantee that this will accurately reflect the colour of the product that you receive.

DELAYS

Due to the individual nature of our work, the manufacture of your furniture may occasionally be delayed. This can be for various reasons such as material shortages, supply chain delays, or unexpectedly high demand. We will make every effort to keep you informed of any delays.

DAMAGE

We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website, or any websites accessible through it, will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment, and adequate protection, to use this website

LINKS

Any links to external websites are provided for your information only. We do not have any control over their contents, and we cannot accept any liability in respect of the use of these websites.

CHANGES TO T&C's

We reserve the right to change these terms & conditions as and when necessary. We therefore recommend checking them regularly.

LAW

The website content and any contract brought into effect as a result of using this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.

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