Consumer, Trade & Press Terms and Conditions of Sale
This page (together with any other web pages or documents referred to on it) tells you the terms and conditions on which we supply the products (“Products”) listed on our website http://18.104.22.168 (“Website”) to you. Please read these terms and conditions carefully before ordering any Products from our Website. Englander Line is registered under No.09355733 with the Trade Marks Registry. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
1.1. Frenchsofaandchair is website operated by Englander Line Limited (“we”). We are registered in England and Wales under company number 09355733 and with our registered office at Units 103 – 106 12 Imperial Way, Croydon, London UK CR0 4RR.
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or is ready for collection (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch confirmation.
3.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.1. These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business, please complete a trade application form and return it to us at Units 103 – 106 12 Imperial Way, Croydon, London UK CR0 4RR or by email to email@example.com
4.2. Where you are contracting as a consumer, you may cancel the Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price you paid for the Products in accordance with our refunds policy (set out in clause 9 below).
4.3. To cancel a Contract, you must inform us in writing, by post to Englander Line Ltd, Units 103 – 106, 12 Imperial Way, Croydon, London, CR0 RR or by email to firstname.lastname@example.org You must also return the Product(s) to us straight away, in a new and unused condition and in the original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession.
4.4. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4.5. Consumer and Commercial/Trade clients – Please note that you will not have any right to cancel a Contract for the supply of any Products which are made specifically to your order, for example Products which we have upholstered in the fabric of your choice or products which have been altered in size, colour or design.
5.1. We try to show Products on the Website and in our brochure as accurately as possible. Despite this, slight variations may occur. For example the colour of the Product may vary in accordance with the settings of your computer, monitor, software or printer from the colour of the actual Product you receive.
5.2. All sizes of Products specified on the Website are approximate only. As most of our Products are hand-made, their actual sizes can be up to 2 cm larger or smaller than specified on the Website and we ask you to take account of this when carrying out your measurements and/or considering whether to purchase a particular Product.
6.1. Delivery will be made to the address specified when you complete the order. You may alternatively choose, when ordering, to collect your Product(s) from our warehouses in Croydon, CR0 4RR. These options are available at the time of order and therefore please select either “delivery” or “customer collection”.
6.2. We use a variety of delivery methods depending on the size of the Product you order and the speed with which you wish to receive it.
6.3. We aim to fulfil your order by the approximate delivery date provided or within the delivery period set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are circumstances beyond our control which prevent us from doing so. In the event of our products being held up we shall contact you to let you know if we are having problems getting an item to you by the specified delivery date. No compensation will be offered for late deliveries in any event.
6.4. It is your responsibility to check carefully that the Products you have ordered will fit into your home. You should check the dimensions of the space within which the Product will be placed and allow for the fact that the dimensions specified on the Website are approximate only and may vary by 2 cm either way. You should also measure any doorways, corridors or staircases the Product will have to pass through, including space for manoeuvring and turning. Should a Product that you have ordered from us not fit and you want to return it, you will lose your delivery fee and may need to pay for the return transport of the product back to us. You may also be subject to a restocking fee that shall not exceed 25% of the item value.
6.5. An adult must be available at the delivery address to carefully check the Products and sign and acknowledge their receipt in a safe and satisfactory condition. Any defects to either the product or the property, must be reported immediately to Customer Services on 020 3441 6160 and signed for on the Delivery Note. Financial compensation will not be offered for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
6.6. As a respected and honest company, Englander Line remain in line with health and safety requirements – and due to the prevailing culture of litigation we have to point out that we will NOT be held responsible for any damage to goods and/or property as a result of deliveries beyond the threshold of your property. Once you or a person on your behalf has signed the delivery paperwork we shall, in NO event, be held responsible for any damage to either your property or goods delivered. This decision is final. Please note that items delivered via a staircase and/or upstairs are carried out at the property owners own risk.We hope you understand why we have to state this.
6.7. Once a delivery date and time slot has been agreed with you, should you later need to cancel and re-schedule your delivery for whatever reason, you must inform us by 11am the (business) day before your delivery is due. Should you fail to cancel the delivery by 11am on the business day before your delivery is planned, we reserve the right to charge a second delivery fee to re-schedule your delivery. Should you then for whatever reason choose to cancel your order, we will refund you for the goods (excluding your original delivery charge).
6.8. If you require delivery to be made to an alternate address, i.e. a neighbour, we require your consent in advance via email to include the name and address of the person who will be signing for delivery on your behalf. We will not deliver the goods elsewhere without your prior consent via email.
7.1. The Products will be at your risk of loss or damage from the time of delivery or collection.
7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and the delivery/collection note has been signed by you (or your representative).
8.1. The price of any Products will be as quoted on our Website, except in cases of obvious error (for example £0). We reserve the right, in any event, to also cancel and refund any orders we receive which contain Products sold at incorrect prices.
8.2. The prices of the Products include UK VAT at the prevailing rate
(currently 20%) on Checkout point, Delivery costs are then added to the total amount due as set out in our Delivery Guide based on your geographic location.
8.4. Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price or if priced at £0, even after we have sent you a Despatch Confirmation/Receipt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
8.6. Payment for Products can be made by cheque, BACS transfer, credit or debit card acceptable to us or PayPal.
8.7. Price Promise: We will do our best to match cheaper pricing. Product(s) must however be identical and produced from the same supplier. Products must be offered by comparable busineses (not auction sites and online only businesses!) We reserve the right to decline. Our decision is final in any event.
8.8. Gift Vouchers: All gift vouchers expire after 12 months from the purchase date. We do not offer a cash alternative for gift vouchers. Should refunds be necessary then these are presented back to you in the form of a voucher. Expired vouchers will not be accepted in any event. Our decision is final.
9.1. When you return a Product to us because you have cancelled the Contract within the statutory fourteen-day cooling-off period (see clause 4.2 above), once the Product is back with us and has been QC checked, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave us notice of your cancellation. In such a case, we will refund the price of the Product in full, excluding the cost of delivery of the Product. However, you will be responsible for the cost of returning the Product to us or us collecting it from you. We are happy to arrange a collection for you, and we shall discuss a collection charge at the time of enquiry.
9.2. Products cannot be returned to us because they are unsuitable after the fourteen-day cooling off period referred to above unless we agree. If we agree that a Product may be returned, it must be returned in perfect re-saleable condition and in the original packaging and may also be subject to a re-stocking fee. All returned products will be thoroughly QC checked by our internal warehouse staff to ensure that faults reported match faults visible. Our decision on this is final. Restocking fees shall not exceed 20% of the value of the Products plus any delivery and return costs.
9.3. Bespoke products made specifically for you (Both Consumer and Retail//Trade), either in size, colour and/or with fabric changes, will NOT be refunded or cancelled in any event after the initial order has been placed/paid for in full or part. These products are produced specifically for you. If you have any questions or concerns relating to this then please call or email us before placing any orders. Our decision will be final and we hope you understand why we have to highlight this.
9.4. If you believe that any of our Products are of an unsatisfactory quality, please immediately contact Customer Services on 020 3441 6160. Please also send us photographs of any alleged defects so that we may assess the situation.
10.1. We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
10.2. Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us. No financial compensation will be offered to our customers, in any event, for defective products. We aim to resolve the problem (replace the goods), not financially compensate for defective products.
10.3. This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.
10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.1. If you order Products from our Website 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.
11.2. All Products are subject to VAT at the applicable UK rate from time to time. Where VAT is not chargeable on the sale, we will reimburse the VAT element of the transaction, after the delivery has taken place, but not any VAT on delivery or other charges.
11.3. If you order Products for delivery outside the UK, you will be advised to take out standard liability insurance. Please refer to our international section on our website for further details.
11.4. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. 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.
All notices given by you to us must be given to Englander Line Ltd. at Units 103 – 106 12 Imperial Way, Croydon, London UK CR0 4RR or by email to email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.