Sale of Goods T&C's

THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE

9.1 Discount codes refer to the price exclusive of delivery charges.

9.2 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.

9.3 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.

9.4 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.

9.5 Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

THIS SECTION TELLS YOU WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS

10.1 We are entitled to end this contract at any time including not sending you the goods if:

• any amount due to us is unpaid or charged back;
• you or anyone on your behalf acts inappropriately towards our staff or agents; or
• acting reasonably, we think that you have not complied with these terms or that it is necessary to protect you, us or others.

10.2 Ending this contract will not affect any existing rights and liabilities and all terms in this contract which are stated or intended to continue after termination will continue to apply.

THIS SECTION SETS OUT OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY

11.1 Delivery is only to the countries we specify on our website and is subject to any other delivery restrictions or requirements explained on our site. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

11.2 Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.

11.3 We are allowed to deliver different parts of your order on different dates.

11.4 You agree to alert us in advance to any access restrictions.

11.5 If there is no answer, we may, but aren’t obliged to, leave the goods at the doorstep, hall or reception as available, or with a neighbour.

11.6 If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If our courier returns the item to us because they have been unable to deliver it, we are allowed to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.

11.7 If you have failed to comply with your obligations regarding delivery, we are entitled to abort delivery and you agree to pay us the amount of any delivery, storage, insurance or other costs that we incur. We are entitled to require that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or deduct them from any payment due to you (to the extent legally allowed).

11.8 You agree to dispose of any packaging and waste arising from delivery of the goods in accordance with all applicable laws and regulations.

12.1 You agree to inspect all goods immediately on receipt and within two business days you must give notice in writing in detail of (a) any loss of goods or (b) any damage or any ground on which you claim that the goods are not in accordance with this agreement including appropriate photos.

12.2 If you fail to give such notice, the goods shall be conclusively presumed to have been delivered in full and in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods, and you shall be deemed to have accepted the goods accordingly.

12.3 If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.

IN SHORT: YOU BECOME THE LEGAL OWNER ONCE THEY’VE BEEN PAID FOR AND DELIVERED

13.1 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.

IN SHORT: THE GOODS OR PACKAGING MAY (LEGITIMATELY) BE A LITTLE DIFFERENT TO WHAT YOU EXPECT

14.1 We take reasonable care to ensure that the images and descriptions of goods appearing on our website display their appearance / colour / texture / finish as accurately as possible. However, there may be minor differences between the goods you receive and the way that they appear online. For example, the colour tone may differ.

14.2 The labelling or packaging of the goods you receive may differ from the images of these which you see online. You agree to check the product description for more details and to contact us for further information if anything is unclear.

IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO RETURN UNWANTED GOODS WITHIN 14 DAYS

15.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods if you comply with the requirements explained in the Annex at the end of this document. This right is not affected by the separate returns policy on our website.

15.2 However, there is no right to cancel contracts for the supply of goods made to your specifications, or which are clearly personalised.

16.1 You undertake to comply with all applicable laws and regulations in connection with the resale and promotion of the goods.

16.2 You are free to fix your resale prices according to the applicable laws and regulations in force from time to time. If we communicate any recommended retail prices, these are indicative only except insofar as legally allowed otherwise.

16.3 You undertake not to alter or modify the goods including the trademarks and branding thereon without our prior written consent unless specifically allowed by applicable law.

16.4 When reselling the goods, you undertake not to do anything which would be likely to seriously damage our reputation.

16.5 You undertake not without our prior written consent to make or give any promises, representations, warranties or guarantees on our behalf in relation to the goods.

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and agents, who have the right to enforce this agreement.

17.2 The following clauses apply only if you are a Consumer:

• We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
• Subject to the above, we are not responsible for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
• You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

17.3 The following clauses apply only if you are not a Consumer:

• Subject to the other terms of this agreement, we warrant that, upon delivery and for a period of twelve months thereafter, the goods will be free from material inherent defects.
• To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
• Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:

• loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
• indirect, consequential or special losses.
• Subject to the first paragraph in this section (“Nothing in this agreement…”), our entire liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, shall in no circumstances exceed the price paid for the relevant goods.
• You agree to indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault).
• This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
  
  
  

IN SHORT: YOU DON’T ACQUIRE ANY IPR IN THE GOODS

18.1 Your purchase of goods from us does not of itself give you the right to use or exploit any IPR comprised in or relating to the goods.

IN SHORT: OUR PRIVACY POLICY APPLIES

19.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES

22.1 These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY

23.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

25.1 Company name: Industville Ltd

25.2 Trading name: Industville

25.3 Country of incorporation: England and Wales

25.4 Registered number: 08487674

25.5 Registered office: Wellesley House Duke Of Wellington Avenue, Royal Arsenal, London, SE18 6SS, UK

25.6 Contact address: 24 Quadrant Court, Greenhithe, DA9 9AY, UK

25.7 Contact email address: Support@industville.co.uk

25.8 Other contact information: See our website/contact page

25.9 VAT number: GB 160 9312 25

ANNEX

YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)

a) on which you, or someone you choose, receives the goods;

b) if multiple goods from one order are delivered separately: when you, or someone you choose, receives the last item.

a) 14 days after the day we receive back from you any goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.

a) you are located within one of the UK postcodes that qualifies for a free return and you follow the free return steps explained on our Returns Page; or

b) the item is a rug or one that we otherwise regard as heavy in which case we will let you know your estimated cost of returning the product when you order, e.g., on the checkout page.

MODEL CANCELLATION FORM