Terms & Conditions
In these conditions, unless the context requires otherwise:
‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions in writing by the Seller;
‘Delivery Date’ means the date on which the Goods shall be delivered, which shall be within 3 weeks of the order being placed however if for some unforeseen reason the delivery cannot be met the Seller shall give the Buyer notice of the new Delivery Date;
‘Goods’ means the articles the Buyer agrees to buy from the Seller;
‘Price’ means the price for the Goods excluding carriage, packing, insurance; and
‘Seller’ means Jo Alexander Ltd.
1. Conditions Applicable
1.1 These conditions shall apply to all contracts of sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms of conditions the Buyer may purport to apply under any purchase order, confirmation of order or similar document;
1.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions;
1.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions;
1.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2. Price and Method of Payment
2.1 The Price quoted, in whatever format it is exhibited, is inclusive of VAT and exclusive of any related delivery charge(s);
2.2 Any discounted prices or offers made at any exhibition or similar event are only applicable to the said event/exhibition and do not extend past the duration of the said event/exhibition;
2.3 Full payment will be taken at the time the order is placed;
2.4 The Price of the Goods shall be the Seller’s quoted price at time of press, however, the Seller reserves the right to alter such prices at their own discretion, including any variation to the rate of VAT;
2.6 The Price of the Goods shall be the Seller’s quoted price which shall be binding on the Seller. The Seller may by giving notice to the Buyer at any time up to 7 days before delivery increase the Price of Goods to reflect any increase in the cost to the Seller which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Seller (including, without limitation, delivery charges, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). Provided that the Buyer may cancel this contract within 7 days of any such notice from the Seller. The Price is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.
3. The Goods
3.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation;
3.2 All orders for Goods are subject to availability;
3.3 ‘On Order’ items are currently not in stock but can be ordered by the Seller from our suppliers. Delivery will take place approximately 10-12 weeks after a request is made, however this time period is not guaranteed;
3.4 The Seller reserves the right to discontinue Goods.
4. Measuring Up
4.1 It is your responsibility to measure both the access and final resting space of your pieces of furniture. Should the Seller deliver an item and find it will not fit due to incorrect measuring by the Buyer, the Seller will be obliged to charge a collection fee to recollect the Goods;
4.2 The Seller makes the Buyer aware that much of the indoor collection may differ by up to +/- 3cm from sizes given in our brochure and on our website, due to it being handmade, and so it is at the Buyer’s risk that they ensure there is adequate space to accommodate for such difference.
5.1 All furniture is guaranteed for one year, on condition that each item is cared for in accordance with the advice contained on the Seller’s website. The guarantee does not extend to usual wear and tear;
5.2 Where appropriate, the Seller will agree to repair the item free of charge during this period.
6. Delivery of the Goods
6.1 Delivery of the Goods shall be made to the Buyer’s address on the Delivery Date. The goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery;
6.2 Charge for delivery shall depend completely on the size of your order, it is at our discretion at what rate this shall be;
6.3 Signature is required to receipt delivery of the Goods;
6.4 Should no one be present to receive and sign for the Goods at a time that has been pre-arranged, a relevant additional delivery fee will be charged for the re-delivery of the Goods to the Seller, such fee being calculated as stated under 6.2/the invoice;
6.5 Delivery is deemed as completed upon deliverance of the Goods at the agreed address. The Seller has no responsibility to transport the Goods further than this, for example, to any chosen part of the agreed address.
7. Acceptance of Goods
7.1 The Buyer shall be deemed to have accepted and examined the Goods to the extent that they are not damaged or faulty in anyway upon signing the delivery form;
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8. Title and Risk
8.1 Title shall pass on delivery of the Goods;
8.2 Risk shall pass on delivery of the Goods. Pursuant to this, where no signatory delivery service is requested or where written/verbal instructions are given to leave the Goods in a safe place, the Seller shall be under no liability for any subsequent loss or damage to the Goods.
9. Remedies of the Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale;
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods;
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10. Proper Law of Contract
10.1 This contract is subject to the law of England and Wales
11.1 The Seller may cancel this contract at any time before the Goods are delivered by giving written notice of 48 hours. On giving such notice the Seller shall promptly repay to the Buyer any sums in respect of the Price. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation;
11.2 The Buyer must give 48 hours notice to cancel a pre-arranged delivery.
12. Faulty Goods
12.1 In the rare event that an item arrives faulty or damaged the Buyer may request in writing within 14 days for them to be returned and the Seller shall redeliver the Goods.
12.2 Faulty items must be placed in their original packaging in a secure, dry place. Collection will then be arranged.
13.1 Any notice under or in connection with this contract of sale shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or e-mail at or to the address of the party set out in this contract or at or to such other address as may be subsequently notified by one party to the other.
13.2 In the absence of evidence of earlier receipt any notice shall be deemed to be duly served:
13.3 if delivered personally when left at the address in clause 13.1;
13.4 if sent by recorded delivery 3 days after posting; and
13.5 if sent by e-mail, when received.
14.1 Your privacy is important to us so we only use the information you provide about yourself when using this website to assist us in improving our service to you. We do not share this information with any 3rd party except where you have previously consented.
15. Data Protection
15.1 To comply with the Data Protection Act 1998 we are required to inform you that we have recorded your name and address on our computer system for the sole purpose of processing your order;
15.2 Your name and address will not be given or sold to any 3rd parties;
15.3 You have the right to access details of the personal information we are holding and to correct any discrepancies in that information. In accordance with the applicable Data Protection laws, we reserve the right to charge an administrative fee in respect of such requests. Given the nature of the information you are seeking access to, we are entitled to request identification from you before dealing with any requests of this nature;
15.4 Should you wish to access your personal information, please confirm in writing to us.