Terms & Conditions
TERMS AND CONDITIONS
Welcome to Felicity Interiors Ltd. These terms and conditions apply to any sales transactions conducted and website activities. Your statutory rights as the buyer are not affected by these terms and conditions.
We reserve the right to adjust any product prices, specifications, and availability at any time without notification. Any revisions to this subject matter, or product details supersede all listed in previous publications or agreements.
This Agreement is subject to the following definitions and rules of interpretation stated in this clause.
In these Terms & Conditions the following words and expressions shall have the following meanings:
CONTRACT – BASIS OF PROVISIONS OF GOODS/SERVICE
- These Terms and Conditions of Sale (Agreement) apply to all customer orders/contracts between Felicity Interiors Ltd. and Subcontractors (we/us/our), and the Client (you/your), and concerns all sales of products and services.
- Any sales order placed with us either verbally, in writing, via purchase order or electronic communication is accepted as official and binding and is subject to our Terms & Conditions.
- Additions or alterations to orders save as set out in 2.2 above, however placed, shall not be binding until confirmed in writing by the Company and may be subject to extra charges.
- Any clerical, typographical or other error or omission in any sales quotations, literature, price list, invoice, acceptance of offer or other documents issued by us is subject to correction without any form of liability on our part.
- Any external Terms & Conditions submitted in any format to Felicity Interiors Ltd or deemed provided as part of the sales order will not be accepted under any circumstances signed or not. Any variance to Felicity Interiors Ltd T&C’s will not be accepted or implemented unless under written agreement by a Director of the company.
- We have a policy of constant Product Development and reserve the right to amend Product Specifications without prior notice in relation to future sales.
- Goods supplied may differ from those advertised or on display. Unless specifically agreed with you, the Products supplied are of equal value, appearance, and functionality. If there are any substantial variations, they will be highlighted on the display model.
- We will do our upmost to match the finish and colour of any Customer samples provided or those chosen, but variations in both colour and texture might occur due to the nature of hand finishing and materials used.
- Other materials such as wood, metal, glass, and stone may be subject to variances in appearance and any images submitted are to be used as a guide only.
MEASUREMENTS & DIMENSIONS
- All drawings supplied serve as a guide only and are not to be scaled. The dimensions indicated are subject to variation due to bespoke hand-made production using natural materials, Felicity Interiors Ltd will therefore not be held responsible for any reasonable variances in dimensions listed.
- The Company accepts no liability in respect of goods being of dimensions unsuitable for the Customers premises or if access to the Customers premises is impossible or impracticable save in circumstances where the Company has inspected and/or measured the Customer’s premises and access thereto.
- Variations to product dimensions may be subject to additional charges and subject to both number of changes required and the complexity.
PRICES & VAT
All prices are subject to VAT at the prevailing rate.
- Prices quoted are valid for a period of 60 days from quotation.
- Felicity Interiors Ltd shall apply interest to any overdue accounts at a rate of 2% of the order total value on a weekly basis.
- Due to fluctuations in global raw materials costs, we reserve the right to amend our costs outside of the 60 days valid quote period.
- No VAT is charged on goods shipped directly to countries outside of the EU on the provision that Felicity Interiors Ltd receives the correct export documentation from the shipping company within one month from the date of the balance invoice.
- VAT is payable on all sales to other EU countries unless the buyer is VAT registered (subject to a valid VAT registration number being provided by the client).
- We require a 50% deposit payment at the point of order placement before any sales order can be processed and any CAD/Line drawings can be produced.
- We require full cleared balance payment one working week before original dispatch date of Goods.
- We provide, as quickly as possible, an approximate week commencing delivery date. One week prior to this date, the full cleared balance payment of any remaining amount is due. We will only be able to confirm your actual delivery date once we receive the balance of any remaining amount in cleared funds.
- Any sales orders not paid within five working days from the outlined delivery date, may be removed from the planned calendar schedule and re-booked at a convenient time to both parties, incurring an additional booking charge of £95.00+vat.
- Any delayed balance payments may be subject to a late payment charge at a rate of 2% of the outstanding value per week.
DELIVERY & INSTALLATION
- Any quoted delivery date is an estimate and is not legally binding on the Seller.
- Initial delivery dates may vary should there be a delay in information, payment and approval of specification or variation to the order. The company requires at least 7 days to organise delivery after receipt of cleared funds have been received.
- The essence of the contract shall not be time of delivery.
- In the event of us being unable to supply goods subsequently to receiving an order, we shall not be liable for any incidental or consequential loss arising thereof.
- In all events, the liability limits for any defect or fault shall not exceed the purchase price of the item.
- We do not accept any liability for delays caused by circumstance beyond our control.
- For easier delivery, we can manufacture the furniture for on-site assembly in case there is restricted access to your premises. However, it is vital that you provide us with this information when placing the order because later changes to the design are subject to charges.
- In the event of delivery dates being delayed by the client, storage charges will be charged at a rate of 2% of the total sales order value per week after the initial 14 days planned delivery date. All quotations do not include for the storage of items on our premises.
- If access to the premises outside or inside is restrictive/difficult and incurs additional time or costs on site, other than that already agreed, we reserve the right to charge you for additional costs.
- The Customer shall ensure that access to the agreed delivery address is possible on the day booked and that installation routes are clear and possible without delay. Where any variation to the agreed delivery and installation takes place, such as additional floor levels, manual carrying, restrictive lift access or restrictions to the property or parking is further than pavement drop access, additional charges may apply.
- The client or a representative for the client must be present to oversee delivery and installation and sign appropriate documentation.
- Any parking restrictions must be informed to Felicity Interiors Ltd, any costs incurred for parking fines may be charged to the client for full reimbursement.
- Any attempted and failed deliveries, including cancellations made within 48hrs of the planned delivery may be charged to the client.
- No deliveries or collections can be made on a weekend or Bank Holidays, unless by special request.
RETURNS AND REFUNDS
We hope you are happy with your purchase, however if you are not, please note the following terms.
- If you discover any product fault due to poor manufacture, we will repair or replace the furniture at no cost to you. We will only replace items as “like for like,” which means you cannot change size, fillings, or fabric. This guarantee does not include normal wear and tear. Changes may be made at an additional cost, please request a quote from one of our representatives.
- We reserve the right of discretion to accept/refuse the return of any Products supplied.
- If returned, Products must be returned to us in an acceptable saleable condition at the buyer’s cost, and we reserve the right to reasonable deductions from the refund amount to you if there are signs of wear and/or damage to the Products.
- Felicity Interiors Ltd will not be held responsible for fabrics that are faulty or fabrics deemed not suitable for use that are issued by the customer as COM (customers own fabrics). Any replacement fabrics or leather will be at the cost of the customer, including any treatments required.
- It is not possible to cancel any order for Bespoke Products either prior to or after delivery. Any requests to cancel standard product orders after receipt as save 2.2 may do so with the incurrence of a 25% charge that of the total order value. This fee is entirely at our discretion.
TITLE OF GOODS
- Notwithstanding delivery, title in Goods shall not pass to the customer until Felicity Interiors Ltd has been paid in full for the Goods.
- Felicity Interiors Ltd will remain the owner of all goods which have been manufacture, supplied and/or fitted, this will only change once payment has been received in full. Felicity Interiors Ltd own the right to remove any of their property if payment is not received.
- The requirements of this clause apply as an addition to your statutory consumer rights and concerns faulty or incorrectly described Products. These rights are not affected by the guarantee.
- For the purpose of this clause the guarantor is Felicity Interiors Ltd., registered address: Unit 3 Browells Lane, TW13 7EQ
- Guarantees cannot be assigned to a third party.
- These guarantees do not cover normal wear and tear, abuse or misuse of your Products, neglect, loss, or damage (including corrosion and rusting) due to unreasonable exposure to weather and water; loss or damage due to fire, explosion, smoke, lightning, sunlight, infestation by animals or insects, theft, accidental loss, or damage caused by a third party.
FABRICS & LEATHERS
- Fabric batches and leather hides can vary in size, colour and finish. Colour is the most common variation – though the variation is often very slight or close to negligible. Some fabrics are more susceptible to colour changes than others, with leather often prone to natural scars and marking.
- While we guarantee to make all furniture in your order from the same batch, we cannot guarantee subsequent orders will match the original.
- We cannot accept responsibility for fading or discolouration due to direct or indirect sunlight exposure. Sunlight affects fabrics differently, however, direct, or indirect sunlight will always affect fabric colour. Darker fabrics are likely to fade and discolour more than light. Also, different fabrics, whether dark or light, are likely to discolour or fade at different rates.
- We cannot accept responsibility for fading or discolouration, due to contact or exposure with any chemicals applied directly or sprayed nearby. Please be aware that certain aerosol sprays, mainly odour and nicotine neutralisers, contain chemicals that may react badly with fabric dyes (these sprays should warn against using them close to upholstery without first covering it).
- When supplying COM (customers own fabric) or COL (customers own leather) to Felicity Interiors Ltd, it is the client’s responsibility to ensure that all materials supplied are suitable for upholstery of furniture and the specific products selected. All fabrics or leathers supplied must be compliant and fire treated with the required British Fire & Safety Regulations Act, including CRIB5 treatments for Commercial use.
- We will not be held liable for any delays of fabric/leather order deliveries, or costs associated due to these delays. Sales order production can only commence upon receipt of all fabrics and/or leathers required.
- We will not be held liable for any flaws or defects in COM (customer’s own material) or COL (customer’s own leather) provided at any stage and cannot inspect fabrics or leathers supplied by the customer or your providers. We will not be held liable for any costs or damages associated to delayed deliveries or damaged goods.
CLAIMS UNDER GUARANTEE
- If you have a claim under guarantee, please contact us at firstname.lastname@example.org or call +44 2088906651
- We will work to repair the defective Good(s) free of charge. If it is not possible to repair the Good(s) we will offer a replacement, and only if a suitable replacement is not available will we provide a refund. Refunds can only be made to the original means of purchase.
- We are not liable for any direct or indirect profit loss or other financial damage or loss happening due to the damaged, defective, or wrongly delivered Good(s) of more than the value of the Good(s) itself. This does not affect your statutory rights.
You agree to indemnify, defend and hold all of Felicity Interiors Ltd directors, employees, information providers, licensees and licensors, officers and parent, (collectively ‘Indemnified Parties’) harmless from and against any, and all liability and costs (including without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants.
- Bespoke designs must be accepted and confirmed by you in writing before production can begin, this is to avoid any misunderstandings between the parties.
- We will provide you with an estimate of the time it takes to complete a particular job depending on the complexity of the design and the materials to be used.
- If you provide us with an image, we cannot guarantee an exact match unless it is accompanied with complete technical drawings. Client drawings produced by us for signing off will be charged at £50 per hour for any drawing revisions after three standard free revisions.
- We reserve the right to modify dimensions to ensure the functionality, look and comfort of the final design.
- There may occur slight differences in dimensions due to the materials within the build. If the furniture is designed to fit a specific space, please let us know when placing the order.
- Once you have confirmed an order any changes are charged at £50, and changes may affect both the delivery schedule and the cost. You are completely liable for any costs due to your requested changes; Felicity Interiors Ltd is not responsible for any costs associated with these changes.
DRAWING APPROVAL AND SAMPLES
- All drawings are to be ‘signed off’ by the client before the order can be processed and placed into produced. If you appoint a 3rd party including Felicity Interiors Ltd to approve, you remain fully responsible for all drawing details.
- Any changes made to the quoted and agreed specification will be invoiced separately, and additional production time may be applied.
- All furniture is manufactured to the signed off drawings.
- By signing off drawings you are accepting the specification shown and noted, particular attention needs to be paid at this stage.
- All furniture is manufactured individually using handcrafted materials, as such variations may occur. Samples may be supplied upon request once an order is confirmed.
- Any additional drawings required may be subject to further charges.
- Wood stain, paint and finish samples can be supplied for approval, Non-standard samples may be charged. As natural variations occur in the woods, the agreed finish is a guide only and Felicity Interiors Ltd cannot be held responsible for variations in the final finish or colour. Any items that require items to be stripped and re-lacquered will be at the client’s expense.
- All CAD line drawings submitted are a guide of the product outline only, Felicity Interiors Ltd will not be held liable for any detail assumed from these drawings.
- Samples that are revised or changed in any way from the original agreed finishes may be subject to additional charges and additional manufacturing time.
LIMITATION OF LIABILITY
In no event will we be liable to you for any third-party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to attention.
Felicity Interiors Ltd Limited is a registered data controller operating in accordance with the Data Protection Act 1998 (the Act). All personal data is processed in accordance with the Act.
RIGHTS OF THIRD PARTIES
For the purpose of Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to provide any rights to enforce any of its provisions to any person who is not a party to it.
These Terms and Conditions of Sales are governed by and are to be construed in accordance with the laws of England and Wales.