Eleganza Group Ltd T/A Eleganza Home – Trading Terms & Conditions 2022
  1. Definitions: “The seller” means Eleganza Group Ltd T/A Eleganza Home “The buyer” means the company which places the order with the seller. “The goods” means the articles or things or any of them described in the order. “The order” means the order placed by the buyer for the supply of the goods.
  2. Unless otherwise agreed in writing by the seller these conditions which supersede any earlier conditions appearing in the seller’s catalogue or elsewhere shall override any terms and conditions stipulated incorporated or referred to by the buyer whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by Statute Common Law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
  3. All descriptions specifications drawings and particulars of weights dimensions and materials have been given by way of identification only and the use of such information shall not constitute a sale by description. The seller’s employees and agents have no authority to make any representation statement or report not contained in or incorporated into the quotation by the seller and the seller shall not be bound by any unauthorized representation statement or report if the seller adopts any changes in construction design or specification of its products the buyer shall accept the product so changed in fulfilment of the order
  4. Eleganza Home goods are designed and supplied for domestic use only. Eleganza Group Ltd T/A Eleganza Home accept no responsibility for any commercial or contract use of goods supplied and no guarantee or warranty will be given on any such items.
  5. To comply with current legislation, cash cannot be accepted for orders in excess of £10,000 (inclusive of VAT).
  6. The seller will notify the buyer orally or in writing of the arrival of the goods at the premises of the seller and the buyer shall agree to a specified date for delivery of such goods. In the event that the buyer fails to offload the goods within 30 minutes (or within 3 hours in the case of a delivery of a container) of their arrival at the buyer’s premises or such other destination as notified to the seller in the order at the time so specified the buyer shall be liable to the seller for the additional costs incurred by the seller. The seller shall not be liable to the buyer for any damage or loss arising directly or indirectly from any delay in delivery
  7. The seller does not guarantee the exact quantity of goods so delivered and the buyer shall accept and pay in full at the order price for all goods actually delivered notwithstanding minor discrepancies between the quantities ordered and the quantities delivered. The seller may at its absolute discretion dispatch and invoice part orders. If goods are returned because ordered in error or not required, the seller reserves the right to apply a handling charge of 20% of the value of goods thus returned. In this instance, future orders will only be supplied on a proforma basis. The seller does not accept returns from buyers who sell on-line and any spares etc., required by the buyer must be purchased.
  8. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller in writing.
  9. All documentation (Invoice, Delivery and Return Notes) must be signed by the buyer and the driver delivering the order. In the event that the quantity of goods delivered falls short of the quantity specified on the documentation the actual quantity unloaded shall be recorded on the documentation and countersigned by the buyer and the driver delivering the goods.
  10. The seller warrants that on delivery, and for a period of 12 months from the date of delivery to (warranty period), the goods shall: a) be free from material defects in design, material and workmanship; and (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (c) be fit for any purpose held out by the seller i.e. domestic furniture.
  11. Subject to clause 11 if; the buyer gives notice in writing to the seller during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 9 (b) the seller is given a reasonable opportunity of examining such goods; and (c) the buyer (if asked to do so by the seller) returns such goods to the seller’s place of business, the seller shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full.
  12. The seller shall not be liable for goods’ failure to comply with the warranty set out in clause 9 in any of the following events a) buyer or its customer failed to follow the sellers oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same; (b) the buyer or its customer alters or repairs such goods without the written consent of the Supplier; (c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
  13. Any claims from goods originating from outside the UK will be handled on an individual basis, with subsequent decision(s) at the discretion of the seller. If the buyer requires replacement goods whilst a claim is being inspected by the seller the buyer shall purchase said goods. If the seller accepts the buyer’s claim then the buyer shall receive full credit against the claim.
  14. The goods shall be at the buyer’s risk from the time of delivery to the buyer’s premises or to such other destination as notified to the seller on the order. a) Title to the goods shall not pass to the buyer until the seller has received payment in full (in cash or cleared funds) for: (i) the goods; and (ii) any other goods that the seller has supplied to the buyer in respect of which payment has become due. (b) The goods and any other goods delivered by the seller to the buyer shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller. The buyer acknowledges that it is in possession of all such goods as bailee for the seller until such time as they become the property of the seller under paragraph 12(a); (c) Until the goods become the property of the buyer the buyer undertakes to store such goods on its own premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the sellers goods; (d) The buyer’s right to possession of such goods shall cease if it does anything or fails to do anything which would entitle a receiver to take possession of its assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer. (e) The seller may for the purpose of examination or recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored. (f) In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller’s money. (g) The buyer warrants that it is not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or bankruptcy or to exercise any other rights over or against its assets.
  15. Limitation of liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE – a) Nothing in these conditions shall limit or exclude the seller’s liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (iv) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (v) defective products under the Consumer Protection Act 1987. (b) Subject to clause 14 (a): (i) the seller shall under no circumstances whatever be liable to the buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract ; and (ii) the seller’s total liability to the buyer in respect of all other losses arising under or in connection with this order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 125% of the price of goods. (iii) The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the contract. (iv) This clause 14 shall survive termination of the Contract.
  16. ALL GOODS ARE SOLD AND/OR HELD OUT FOR SALE ON THE BASIS THAT THE INTENDED PURPOSE OF THE GOODS IS FOR DOMESTIC USEAGE
  17. ALL WARRANTIES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY THE LAW IN CIRCUMSTANCES WHERE THE GOODS ARE SOLD ON BY THE BUYER FOR USE IN A COMMERCIAL APPLICATION AND/OR PURPOSE E.G. TABLES AND CHAIR BEING USED IN A RESTAURANT.
  18. IF YOU HAVE NOT TRADED WITH US FOR 12 MONTHS, YOU MUST COMPLETE A NEW CUSTOMER ACCOUNT FORM
  19. WE RESERVE THE RIGHT TO INCREASE PRICES AT SHORT NOTICE IF APPROPRIATE.
  20. This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
LEAD TIMES
  1. Current lead times on beds are 3-4 weeks and on sofas 4-6 weeks, please note these are approximates and this is also subject to change depending on the season and availability of raw materials
  2. In the event Eleganza Home needs to increase/decrease lead times you will be notified on email
  3. Once an order is placed it cannot be cancelled as it is Made to Order (MTO)
TERMS OF PAYMENT & PLACING ORDERS
  1. All orders are supplied on one of the following basis:- (i) Proforma Invoice
ALL PRICES EXCLUDE VAT Orders can be placed via telephone, e-mail or by post. Our staff are always available to answer any queries you may have. MINIMUM ORDER VALUE There is no minimum order value DELIVERY ARRANGEMENTS Our deliveries are planned on a week-to-week basis and we always contact you to book in delivery at least a day before. Upon booking in, we will confirm exactly which items are being delivered, for DHD orders our courier will book in a time and date with the customer, failed deliveries may incur an additional charge. INTERNET/COURIER CUSTOMERS 1. The Company cannot make any arrangements on your behalf for Couriers to collect orders from the Warehouse Department, this has to be entirely your responsibility. If you do send a Courier into the Warehouse Department to collect goods on your behalf, please ensure the Courier can quote your name and address and have full details of the goods to collect, as they will have to sign for the receipt of itemised goods – ‘Received Unchecked’ or a similar phrase is not acceptable. You should also notify either our Sales Office or Warehouse Department that you are sending in a Courier and provide them with their details. Compliance with these procedures will ensure prompt, trouble free processing of your order. We regret that products collected by Couriers cannot be returned, as damages are likely to have been incurred due to their handling procedures. Any additional administration and labelling requirements are entirely at Eleganza’s  discretion and are liable to a surcharge. 2. Eleganza Home treats ICC Customers as collection Customers. Please note that responsibility for any Goods purchased and dispatched via the Customers chosen courier immediately passes to the customer once Goods have left Eleganza Home distribution centre 3. In particular, Eleganza Home accept no liability for any damage to Goods that may occur in transit or any failed/late delivery once the Customers chosen courier has signed for and collected the Goods from Eleganza Home on the Customers behalf. 4. Any issues with delivery or damage to Goods in transit must be resolved with the Customers selected courier company directly. 5. Eleganza Home will always endeavour to co-operate with courier companies on the collection of Goods. However, Eleganza Home will accept no liability for any failure on the part of the Customers chosen courier, including their failure to collect Goods made available for collection. It is the Customer’s responsibility to check, and the courier company’s responsibility to ensure, that an appropriate vehicle with sufficient capacity collects from the Eleganza Home distribution centre within the expected time slot. 6. To confirm the dispatch of Goods from Eleganza Home distribution centre all courier drivers will sign either a copy of the ICC courier manifest or a Eleganza collection note to confirm receipt of Goods purchased on the Customer’s behalf. This signed manifest or collection note will be considered proof of collection of Goods and will result in an invoice being generated for the amount payable 7. In the unlikely event of non-delivery of Goods by the courier, Eleganza Home will use our internal warehouse picking sheet, stock allocation report and signed courier manifest or Eleganza Home collection note to confirm the dispatch of Goods from Eleganza Home distribution centre. Any such documentary evidence shall take precedence over the courier website delivery status 8. Any Goods lost by the Customers designated courier or damaged in transit will remain fully chargeable and will still be invoiced to the Customer subject to the normal payment terms. 9. In the event of any delivery discrepancies, shortages, manufacturing defects, incorrect products or wrong components (e.g. wrong colour headboard) being supplied the customer must provide written notification to Eleganza Home within five working days by email to customerservices@Eleganzahome.co.uk or fax to 0121 2852730. Failure to provide this notification will mean that Goods remain fully chargeable and will still be invoiced to the Customer subject to the normal payment terms 10. The seller warrants that on delivery, and for a period of 12 months from the date of delivery to (warranty period), the goods shall: a) be free from material defects in design, material and workmanship; and (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (c) be fit for any purpose held out by the seller i.e. domestic furniture. If the product develops a fault in the first 28 days it is the responsibility of the seller to arrange a collection/inspection/repair/replacement of the goods, the buyer shall inform the seller in writing, once this time exceeds it is the responsibility of the buyer to send the goods back to the seller for inspection/repair/replacement of the goods. 11. Subject to clause 10 if; the buyer gives notice in writing to the seller during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10 (b) the seller is given a reasonable opportunity of examining such goods; and (c) the buyer (if asked to do so by the seller) returns such goods to the seller’s place of business, the seller shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. The buyer is responsible for the cost of return to the seller, upon inspection/repair/replacement the seller shall notify the buyer who will in return arrange a collection/courier to pick the goods up. It is up to the sellers discretion to arrange a delivery of a repaired/replacement part. RETURNS
  1. If any item(s) has to be returned/ exchanged, please ensure it is in its original packaging. Notify us immediately with full details of the reason for the exchange and the invoice number against which the goods were purchased. Please note returns and exchanges are only valid if the goods have a manufacturing defect or courier damage.
  2. Please note our Drivers are not authorised to accept ‘Returns’ unless instructed to do so by our After Sales Department, and After Sales cannot give this instruction unless you, the customer, has advised them accordingly.
  3. If you are returning goods to our Warehouse Department you must give them prior notice of your intention to return goods.
  4. Returned goods must be in their original packaging
  5. Please note that all exchanges are charged and credit notes issued for goods returned.
  6. Any claims originating from outside the UK will be handled on an individual basis, with subsequent decision(s) at the discretion of the Company.
  7. All Goods to be processed for a return must be returned within 28 days of purchase. Failure to do so will result in the associated invoice becoming payable subject to the agreed payment terms.
  8. Credits on returns will only be processed upon receipt and inspection of returned items.
  9. Any credit notes due to any Customer account will be allocated within 14 days of returned items being received in our warehouse or our acknowledgement that a credit note is warranted.
  10. Where credit notes are raised, for whatever reason, these will only be for the amount invoiced. Under no circumstances will the value of credit notes be increased to cover administration or other direct or indirect costs.
  11. Under no circumstances will any debit note raised by the Customer be accepted by Eleganza Home, a credit note request should be made instead
  12. As our products are MTO (Made to order) once production has started the order cannot be cancelled
CANCELLATION OF SCHEDULED DELIVERIES Cancellation of ICC (INTERNET/COURIER CUSTOMERS)
  1. As all goods are made to order they cannot be cancelled once it goes into manufacturing
  2. Cancellations will only become effective once acknowledged by Eleganza Home via email.
SERVICE REQUESTS
  1. All service requests must be made in writing by email.
  2. Service requests will be processed within 24 hours subject to sufficient information being provided to process the request. Wherever possible photographic images of the defects should be supplied in order to ascertain the nature of the fault. Multiple images from different angles are the most helpful in this regard.
  3. Failure to provide the relevant information and images may result in the processing of your service request being delayed.
  4. The following information must be provided in writing for any service request: Invoice Number or Sales Order No, Date of Purchase, Nature of the fault/defect, The product code from each box supplied. Where individual parts are damaged or missing these should be identified from the Assembly Instructions and the exact description from the instructions provided
SPARE PARTS
  1. When ordering spare parts via a service request, it is at the Company’s complete discretion whether the parts ordered are sent out via our delivery vehicle, courier or royal mail postal services.
  2. Delivery will be to the default delivery address on our system and delivery to any alternative address will only be considered at the discretion of Eleganza Group Ltd T/A Eleganza Home.
TERMS OF PAYMENT
  1. Subject to Condition 4 (below), payment for Goods is due in pounds sterling (unless otherwise stated or agreed in writing by Eleganza Group Ltd T/A Eleganza Home) in accordance with the terms assigned at the time your account with the Company was opened (“payment terms”).
  2. All payment terms must be adhered to. Failure to do so may result in your account being suspended and your scheduled delivery dates being put on hold until any outstanding payments are received and your account is in compliance with the agreed payment terms.
  3. Please note that customers are not permitted to withhold payment of an entire invoice when disputing individual items on that or any other invoice. In such cases the item(s) not in dispute must be paid for within the agreed payment terms. Again failure to do so will result in your account being suspended and your scheduled delivery dates being put on hold.
  4. Under no circumstances can payment of valid invoices which are not in dispute be withheld or delayed as a result of a query or dispute relating to another invoice.
  5. Payment must be made within agreed individual account terms, from the time Goods are delivered or deemed to be delivered, to a bank account nominated in writing by the Company.
  6. Prompt payment shall be of the essence.
  7. No discounts will be applicable against the standard Eleganza Home Price list unless previously agreed in writing.
  8. Any price discrepancy must be queried with the accounts department in writing (by email to info@Eleganzahome.co.uk or to call 0121 2852730) within 5 working days of receipt of the disputed invoice. Failure to do so will result in all amounts quoted on the invoice becoming payable.
  9. No payment shall be deemed to have been received in respect of any Goods until the Company has received cleared funds.
  10. All payments payable to Eleganza Group Ltd T/A Eleganza Home under any Contract shall become due immediately on its termination.
  11. All payments are via BACs only.
LIMITATION OF LIABILITY
  1. Eleganza Home shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract
  2. Our total liability to the Customer in respect of all other losses arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods to which the loss relates.
  3. Nothing in these terms and conditions shall limit or exclude the Company’s liability for: death or personal injury caused by its negligence, the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation.
FORCE MAJEURE  Eleganza Home shall not be liable for any failure or delay in performing our obligations under any Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors. GOVERNING LAW AND JURISDICTION 1) These terms and conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law. 2) The parties irrevocably submit to the exclusive jurisdiction of the courts of England. Eleganza Group Ltd T/A Eleganza Home is a company registered in England & Wales. Company Registration Number 14214976. Registered Office: 41 Great Lister St | Birmingham | West Midlands | B7 4LW| United Kingdom