Simply Bespoke Furniture Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website www.simplybespokefurniture.com to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Order collection
Place your order online and save the delivery charge by collecting from our workshop in Bethnal Green, London E1.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Information about us
1.1 www.simplybespokefurniture.com is a site operated by Louis Baker Construct Limited. We are registered in England and Wales under company number 04762407 and with our registered office at 29 Benn Street, London E9 5SU. Our main trading address is 108 Tent Street, London, E1 5DZ. Our VAT number is 815459320.
Service availability
Our site is only intended for use by people resident in the mainland United Kingdom. We do not accept orders from individuals outside of England, Scotland and Wales. Some restrictions are placed on the extent to which we accept orders from specific countries, for example, we do not currently deliver to the Highlands of Scotland.
Your Status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; [and]
(b) You are at least 18 years old;
(c) All the information given by you in your order form is complete and accurate;
(d) You are resident in the mainland United Kingdom; and]
(e) You are accessing our site from the United Kingdom and any furniture you purchase is for delivery within the mainland United Kingdom, excluding the Highlands of Scotland.
How the contract is formed between you and us
1.2 After you have placed your order, you will receive an e-mail to acknowledge that we have received your order and confirming our acceptance of it. However, if for any reason we are unable or temporarily unable to supply some or all of the items referred to in your order we will as soon as possible send you an email stating what the position is and giving you the option to cancel all or part of your order.
1.3 When you advise us of your wishes to us we will again send you an email confirming that we have received your amended order or cancellation but the Contract between us will not be formed and we will not be bound until we have despatched that further Confirmation.
1.4 All orders are subject to acceptance by us and the contract between us and you is formed when we send our Confirmation.
1.5 The Contract will relate only to those Products to which our Confirmation relates. We will not be obliged to supply any other Products which may have been part of your order until we despatch our Confirmation.
Our Status
1.6 Please note that all bespoke made furniture is designed and manufactured [exclusively by us] to your exact measurements once you have placed your order.
1.7 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you if a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
Consumer Rights
1.8 If you are contracting as a consumer, but subject to the exceptions set out below, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
1.9 To cancel a Contract, you must inform us in writing by email to [sales@lbconstruct.co.uk]. You must also return the Product(s) to us immediately, in the same condition in which you received them, 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. If you fail to comply with this obligation, we may have a right of action against you for compensation.
1.10 You will not have any right to cancel a Contract for the supply of Products made to your specification. At the present time all Products available from this website are made specifically to customer specifications.
1.11 Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
Availability and delivery
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within [30 days] OR [a reasonable time] of the date of the Despatch Confirmation, unless there are exceptional circumstances.
Risk and Title
The Products will be at your risk from the time of delivery.
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.
Price and payment
1.14 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
1.15 These prices include VAT but exclude delivery costs, which will be added to the total amount due on the Google checkout page.
1.16 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
1.17 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site 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 despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
1.18 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Our refunds policy
1.19 When you return a Product to us:
(a) if you have (where you are entitled to do so – please see 6.3 above, which indicates that you will not have any right to cancel a Contract for the supply of Products made to your specification) cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) if we have sent you an incorrect Product, please notify us immediately by email to info@simplybespokefurniture.com The email must include the [order number] and make it clear that you wish to return the Product in question because it has been wrongly delivered. You must also return the item in question to the returns address set out below.
Our returns address is: 108 Tent Street, London, E1 5DZ
(c) for any other reason, for instance, because
(i) we have sent you an incorrect Product; or
(ii) you have notified us in accordance with Clause 20 that you do not agree to any change in these terms and conditions or in any of our policies, or
(iii) you claim that the Product is defective
then please notify us immediately, by email to [sales@lbconstruct.co.uk]. The email must include the [order number] and make it clear that you wish to return the Product in question because it has been wrongly delivered / you have already notified us in accordance with Clause 20 / you claim the product is defective.
You must also return the item in question to the returns address set out below.
Our returns address is: 108 Tent Street, London, E1 5DZ.
We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
(d) products returned by you because of a defect or because we have sent you an incorrect Product will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
1.20 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Our liability
1.21 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
1.22 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
1.23 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
1.24 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 and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
1.25 If at any time any Products listed on our site are offered by a third party seller, this condition applies. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
Notices
All notices given by you to us must be given to Louis Baker Construct Limited at 29 Benn Street, London E9 5SU OR info@simplybespokefurniture.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.
Transfer of Rights and Obligations
1.26 The contract between you and us is binding on you and us and on our respective successors and assigns.
1.27 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
1.28 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside Our Control
1.29 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
1.30 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
1.31 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
1.32 A waiver by us of any default shall not constitute a waiver of any subsequent default.
1.33 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
1.34 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
1.35 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
1.36 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our rights to vary these terms and conditions
1.37 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
1.38 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Law and Jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.