These trading terms and conditions apply to purchases of any products or goods from P&S Furniture Ltd.
Business Policies
Please read the terms and conditions carefully as they contain important information. All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer. You are also directed to our terms and conditions of using this website and to our private policy which are applicable to your use of this website.
Standard conditions of sale
1. Definitions
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products including VAT at the time of acceptance of the order.
1.6 "Seller" means P&S Furniture.
1.7 "Consumer" shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2. Conditions and stock availability
2.1 Nothing in these conditions shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written and/or electronically communicated quotation of the Seller which is properly accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without prior notice or any liability attaching to the error on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form or via email or phone. The refund will be made as soon as possible and, in any event, within 30 days of your order. The Seller will not be obliged to offer any compensation for disappointment or any other consequential loss suffered. If an item cannot be delivered within the quoted delivery window the buyer will have the option of a full refund.
3. The price and payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller's published price list current at the date of acceptance of the order of the Products. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice being given to the Buyer. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
3.2 Payment of the full Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the full Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
3.4 We try very hard to ensure that all information on this site is accurate. However, occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
4. The products
4.1 The quantity and description of the Products shall be set out in the Seller's quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself. Photographs do not comprise any contractual warranty on the part of the Seller and should not be relied upon by the Buyer as an exact representation of Products.
5. Warranties and liability
5.1 We warrant that our teak garden furniture sets, teak garden furniture tables, teak garden benches and teak garden chairs are fit for its intended purpose and reasonable domestic use for a period of ten years from the delivery date only if purchased on or after 19th February 2010. P&S Furniture Furniture's (---) year guarantee is a full and comprehensive warranty which cover both parts and labour. All teak garden furniture sets purchased on or after 1st January 2009 is covered by a full five year guarantee. All teak garden furniture sets purchased on or before 31st Dec 2008 is subject to a full three year guarantee. Please note parasols, cushions, furniture covers, storage bags are all covered by the manufacturers 1 year guarantee. If you find a defect in the workmanship in any part or component P&S Furniture Furniture will repair or replace the furniture free of charge. A defect under these terms means any imperfection in the material or workmanship that will impair the use of this furniture product. The warranty is applicable only at the original delivery address unless the dismantling and moving of the furniture is done professionally by P&S Furniture Furniture employees at the current cost. A notice of 14 days prior to the move is required via email or in writing.
5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department.
5.3 The Seller does not provide any warranty cover against defects in his own right.
5.4 If the Buyer is dissatisfied with his purchase for any reason he may, within fourteen days of delivery, contact the Seller's customer service department to arrange for collection of the goods at the Buyer's expense. Any money which you have paid excluding the delivery cost will be refunded within 30 days provided that the Seller receives the goods unused, in its original packaging and in the same condition as they were in at the time of delivery to you. The Buyer's account shall then be credited with the full purchase Price of the goods. This credit may be used to buy items from the Seller's online catalogue. It may alternatively be exchanged for a refund. We recommend that you use an insured registered carrier to return your item. P&S Furniture Furniture will not be held liable for the cost of return or lost or damaged items.
5.5 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.6 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6. Delivery
6.1 Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
6.2 We offer our customers a delivery experience which is quick, efficient and hassle-free. This is why we have selected the best specialist removal teams in the country to carry out your delivery. Our home delivery service is designed to offer you convenience and value. We offer delivery service to best meet the needs of our customers and aim to deliver As Soon AS Possible. Most deliveries are done within 1-2 Days.
6.3 In any event time of delivery shall not be of the essence.
6.4 The Seller shall not be liable for any delay in delivery howsoever caused.
6.5 In the case of goods purchased by credit card, those goods can only be delivered to the credit card holders address (in order to protect you, we carry out extensive checks to ensure that your card is not being used fraudulently) and an invoice must be signed by the credit card holder on delivery. A deferred payment system is used for all debit and credit card payments whereby an authorisation 'shadow' is placed on the transaction. Once the order is delivered the transaction is released and payment is released.
6.6 Orders over $999.99 total value for delivery to addresses within mainland Toronto are delivered free of charge.
6.7 Delivery with a total value under $1000 does not include free delivery.
7. Acceptance of the products
7.1 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 5 working days after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9 Website Content
The content of the website (Product images and Textual matter) is as provided by the owner and the website designing company does not own any kind of responsibility for the website content.
