Dernier Cri > Term & Conditions

Term & Conditions

Terms

RETURNS

We will happily issue a refund for any product purchased from Dernier Cri London Ltd subject to the following conditions:

  • You need to notify us you would like a refund within 14 days of the delivery date
  • You need to return the goods to us within 14 days of notifying us
  • The product must be returned unused and as new, in saleable condition, and in the original product packaging. The refund will be processed after the return has been received and checked by us.
  • You will receive a refund of the amount paid less a return charge per pallet and 25% restocking fee per item. Also, any original delivery costs will also be deducted from the refund. You are responsible for the cost of the return delivery. We may be able to arrange return delivery, the cost of which would also be subtracted from the refund due on return. If we arrange return driver may require assistance loading vehicle.

DAMAGED GOODS

On the odd occasion a small quantity of goods may have broken in transit. Whilst we do our utmost to ensure your goods arrive in perfect condition, it is important to allow a total of 5% for cuts, wastage and for a small number of potential breakages when ordering. We cannot offer replacements or refunds when less than 5% of the goods are received damaged or otherwise unsuitable. We will refund the value of the broken goods or arrange for replacements when possible.

It is your responsibility to ensure that your goods are checked before signing the delivery note. If you have received a pallet or crate that is damaged and have chosen to accept the delivery, it is important that you sign the delivery note as “damaged”.

You must notify us of any damage within 24 hours of receipt by emailing info@derniercrilondon.co.uk and we will require digital photographic evidence of the damage to be supplied to us via email or alternatively printed media via the postal system, but you must have notified us within the first 24 hours of receipt.

We will then arrange to collect and replace your item within the usual time scales as indicated in the terms of delivery or offer an alternative remedy. Signing of the delivery note as “unchecked” (or similar wording) does not waive your right of notification to us for damage.

Signing the delivery note as “unchecked” (or similar wording), will be deemed to have been accepted as undamaged.

We cannot accept claims for damaged goods if the courier has obtained a clean signature or if more than 24 hours have passed since delivery.

FULL TERMS AND CONDITIONS

  1. DEFINITIONS

In these terms and conditions “The Company” shall mean Dernier Cri London Ltd (Registered in England, Company Number 12138195) and “The Purchaser” shall mean the firm, company, corporation, person or body by whom an order is given to the Company.

  1. APPLICATION OF TERMS

These terms and conditions shall apply to all quotations and sales of goods by The Company and unless otherwise agreed in writing shall be the only terms and conditions relating to any contract arising. Any other conditions, representations, warranties, or descriptions whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties as may not be capable of exclusion. Consumers: Your statutory rights are unaffected.

  1. QUOTATIONS

Quotations are given by The Company are in good faith and are based on up-to-date information at the time. Quotations are open to acceptance within thirty days of dispatch by The Company. Prices quoted by The Company are subject to increase without notice in the event of there being any rise in the market price of the goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of The Company. The Company shall be entitled to add to the invoice price and to recover from The Purchaser any Value Added Tax or any other tax which is in force at the time of execution of the contract or any taxes which may be added thereafter and which shall apply to this contract.

  1. PRICES

Goods will be invoiced and paid for at The Company’s prices current at the date of dispatch of the goods, such prices superseding and replacing all previous quotations or other prices unless otherwise specifically agreed in writing. The Company will endeavour to, but shall not be bound to, inform The Purchaser of any such increase.

  1. VARIATIONS

Any variation and/or modification to a contract to be effective must be forthwith confirmed by The Purchaser and approved by The Company in writing.

  1. AVAILABILITY OF GOODS

Any order may be cancelled by The Company without notice if The Company is prevented from obtaining, purchasing or manufacturing the goods or from delivering the same by reason or force majeure, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of The Company, and The Company will not accept liability for delays, damages, breakages, or any other consequences arising from or contributing to any such matters.

  1. RETURN OF NON-FAULTY GOODS

Non-faulty goods which have been delivered correctly as per The Purchaser’s order may only be returned by permission of The Company and must be in the same condition as when the goods were delivered. The Company shall have the right to charge a restocking fee not to exceed 25% of the value of the goods, any transport costs incurred and any other costs incurred as a direct result of the return of the goods.

  1. PAYMENT

Payment will be made in cleared funds at the same time an order is placed unless The Company has agreed credit terms. Monthly credit facilities shall mean that all goods delivered in any one calendar month shall be paid for by The Purchaser in full on or before the last day of the following month. In the event of non-payment of any amount due from The Purchaser the whole balance outstanding on The Purchaser’s account shall become payable forthwith and The Company reserves the right to withhold further deliveries until such payment has been effective, cancel any contact with The Purchaser without being liable to The Purchaser for any loss occasioned or arising therefrom or, at The Company’s discretion, to cancel the monthly credit facilities with effect that all future goods supplied to The Purchaser must be paid for in advance. The Company also reserves the right to disallow any discount that may be applicable to the contract entered into by The Purchaser and to charge interest on such outstanding accounts at a rate not exceeding 15% per annum.

  1. RETENTION OF TITLE

The Company remains the owner of the goods until such time as these and all other sums owed by The Purchaser to The Company are paid in their entirety. The Purchaser can sell the goods in the ordinary course of business, accepts their responsibility for insurable risks for goods in their possession, and hereby assigns to The Company the proceeds due from any selling on of the goods delivered until such time as payment is made for the goods. The Purchaser hereby grants rights of re-entry to The Company for the purposes of recovery of any goods to which it retains title.

  1. DELIVERY

(a)       Quotation (unless otherwise expressed) include The Company’s charge for delivery of goods to the site nominated by The Purchaser, such charges being based upon the assumption of unrestricted site access: level stacking space, firm standing, adequate storage space, assistance for unloading on site and a maximum unloading time of 1.5 hours. Should The Purchaser fail to provide the above facilities, The Company reserves the right to withhold delivery and charge for wasted journey.

(b)       Whilst The Company will make every effort to deliver goods to such points on a site as may be requested by The Purchaser, The Company does not undertake to deliver to any specific point but merely to the nearest accessible point on good hard road.

(c)       The Company will not be liable for any damage done to goods from unloading or handling on site, unless such damage is occasioned by the act or neglect of The Company’s agent or servant.

(d)       Although The Company will use its best endeavour to comply with The Purchaser’s delivery requirements, The Company will not be liable for delay in delivery howsoever occasioned and time shall not be deemed to the essence of the contract unless specifically agreed in writing at the time the order is made.

(e)       If The Company holds goods pending for more than 14 days from attempted delivery to The Purchaser or The Purchaser does not accept the goods within the period The Company may invoice and are entitled to be paid for such goods and also for the storage time.

(f)       Where goods are collected ex-works by The Purchaser or their servants or agent The Company’s responsibility for insurable risks ceases when the goods are handled over to The Purchaser or their servants or agent.

(g)       The Company will not accept liability for shortage or loss of goods unless written notification thereof is given by The Purchaser in compliance with Clause 14(a) of these terms.

  1. SUITABILITY OF GOODS

The Company will accept no liability as to the suitability of the goods for the purpose for which The Purchaser may require them where this purpose differs from that expressly advertised by The Company.

  1. SAMPLES

Samples submitted by The Company in good faith are an indication of texture, size, colours and general appearance only. Bulk supplies cannot be guaranteed to correspond in every respect. Technical data or other specifications are intended as a guide only, and if The Purchaser wishes to rely on any such matter as a term of contract the same must be put in writing by him and agreed to in writing by The Company prior to or at the time or entering into any such contract. If the Company supplies a sample, it is on the express understanding that any subsequent sale will not be a sale by sample (as described in Section 15 Sale of Goods Act 1979 (as amended)) unless the Company agrees otherwise in writing.

  1. QUALITY OF GOODS

The Company warrants that the goods shall be of sound materials and workmanship, and in the event of a defect in the goods being notified to The Company in writing within 7 days of the date of delivery, in respect of which notification time shall be of the essence, and The Company being satisfied that the defect is the result of unsound materials or workmanship The Company will, at its own cost, replace the goods delivered with goods of sound materials and workmanship or otherwise reach an agreed settlement with The Purchaser. In the event of the goods being delivered not those ordered by The Purchaser, and of The Purchaser notifying The Company in writing within 7 days of delivery, in respect of which notification time shall be of essence, The Company will, at its own cost and as speedily as practicable, replace said goods with a like quantity of goods of the nature ordered by The Purchaser. The Company shall not be liable in contract tort or otherwise in respect of any loss or damage suffered by The Purchaser as a result of any defect in the goods supplied. Whilst every effort will be made to avoid variation of shades and sizes in goods delivered, The Company neither guarantees nor warrants that such variations will not occur or that they will conform to sample, either in quality or colour. An allowance for 5% breakages is built into all prices quoted and claims will only be accepted for higher amounts.

  1. RETURNS

The Company will issue a refund subject to the following conditions:

(a)       The Purchaser must notify The Company of the wish to return goods within 14 days of the delivery date.

(b)       The goods must be returned within 14 days of the date The Purchaser notifies The Company of the wish to return.

(c)       The product must be returned unused and as new, in saleable condition, and in the original product packaging. The refund will be processed after the return has been received and checked by The Company.

(d)       The Purchaser will receive a refund of the amount paid less a return charge per pallet and 25% restocking fee per item. Also, any original delivery costs will also be deducted from the refund. The Company may through mutual agreement be able to arrange return delivery, the cost of which would also be subtracted from the refund due on return.

  1. CLAIMS

(a)       Any claim for alleged faults or short delivery must be notified by The Purchaser in writing to the Company within 7 days of the date of delivery, time to be of the essence.

(b)       The Company shall have the right to require The Purchaser to return such goods to The Company at The Purchaser’s cost for examination or submit photographic evidence.

(c)       The liability of The Company shall be restricted to replacing any goods found to be faulty or, at their option, to refund to The Purchaser only that part of the contract price relating to such faulty goods.

(d)       All liability for direct or consequential loss, whether from delay in dispatch, delivery, failure of goods to meet specifications or performance, defects in manufacture or otherwise hereby expressly excluded.

(e)       The Company will not accept claims in the following circumstances:

  1. Loss or damage in transit in The Purchaser’s own transport or on site.
  2. Force majeure or Act of God matters beyond The Company’s control.
  3. Where goods have been improperly used, stored or protected.
  4. Where goods are not suitable for the purpose to which The Purchaser has where this purpose differs from that expressly advertised by The Company.
  5. In respect of general weathering of the goods.
  1. ASSIGNMENT

Any contract entered into between The Purchaser and The Company shall be non-assignable by The Purchaser. The Company has the right to assign the debt to a third-party invoice finance or debt recovery organization.

  1. TERMINATION

Contracts with The Company may only be terminated with The Company’s prior written consent. In cases where The Company has been required to pay a deposit to a manufacturer or supplier in respect of The Purchaser’s order The Company may require reimbursement of such sum from The Purchaser as a condition of consenting to cancellation. In every case The Company consents to cancellation at its absolute discretion.

  1.      JURISDICTION

Every contract to which these terms and conditions apply shall be constructed in accordance with English Law and any dispute shall be submitted to the jurisdiction of the English Courts. If any provisions in these terms is found to be invalid by any court the invalidity of that provision shall not affect the validity of the remaining provisions of these terms which shall remain in full.

  1. INTELLECTUAL PROPERTY

All designs and images used within The Company’s publications in any format are the intellectual property of The Company and any reproduction is allowed only with the express written permission of The Company. The Company has the right to demand the retraction or recall of any publication in which its copyrighted material has been used without such permission.

  1. INSTALLATION

The Purchaser agrees to ensure that materials are inspected prior to installation and every effort is made to blend the materials to the approval of the owner/buyer prior to installation. No claims shall be accepted by The Company for any reason after materials are installed.

  1. GENERAL

Errors and omissions excepted. Any notice which is to be served by either party under these terms may be served by delivering it to the other’s registered office or principal place of business.derni

 

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