1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are DIO DAVIES LTD, a private limited company Registered in England and Wales. Registration No. 9969894 Registered Office: The Old Chapel Union Way Whitney OX28 6HD
2.2 How to contact us. You can contact us by telephoning our customer service team at 0207 854 1198 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How and when we will accept your order. An order from you constitutes an offer to purchase a product or several products from us pursuant to these terms. Our acceptance of your order will take place when we call or email you to confirm we are able to provide you with your desired product, at which point you will be assigned an order number and a contract will come into existence between you and us. Your rights in relation to the products differ depending on how the contract came into existence. If the contract is negotiated and concluded either on-line, via emails or by telephone exchanges or if you have visited an exhibition or a store or other premises where our products are exhibited to gather information about the products and subsequently conclude the contract via email or telephone a ‘distant contract’ is formed. If you have visited an exhibition or a store or other premises where our products are exhibited and you make an offer to purchase a product and such offer is accepted on the premises the contract will be an ‘on-premises contract’. These terms cover your rights in respect of a distant contract and on-premises contract but some of the terms relating to returns and refunds only apply to ‘distant contracts’; these are clearly marked.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our exhibitions, brochure and website are solely for the promotion of our products in the UK.
4. Our products
4.1 Our products are made up of a free standing item such as a table or piano structure and within that structure a clear display box contains a centre piece to be chosen by you.
4.2 Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a display of colours on a device or print accurately reflects the colour of the final product that you receive. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website or described to you on the telephone or via email may have a 5% tolerance.
4.3 Making sure your measurements are accurate. If we are making the product to your measurements, you are responsible for ensuring that these measurements are correct.
5. Providing the products
5.1 Delivery costs. All products are manufactured to order.Prior to the acceptance of your order, we will let you know via email or over the telephonethe costs of delivery.
5.2 When we will provide the products. During the order process we will give you an estimate date when the product will be ready for delivery; which will usually be between 6 to 8 weeks following acceptance of your order. As soon as the product is ready for delivery we will contact you and request the balance of the payment. After receipt of payment we will contact you to arrange a suitable date for delivery, which must be no less than 5 days and no more than 30 days after receipt of payment. Please inform us if it is material that a product is delivered by a certain date.
5.3 We will deliver the product you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to addresses within mainland UK, Scotland and Wales. Some Scottish regions will incur an additional delivery charge which will be notified to you on placing an order. These charges must be paid with the balance of the price.
5.4 If you require the goods to be delivered to any address outside the UK mainland, you must make your own arrangements for collection and delivery. We will, at your request, deliver the products to an address or location within the UK mainland for collection by you.
5.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery.
5.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract, resell the product and deduct from any sums held by us any loss of profit together with a reasonable sum not exceeding £250 for costs of storage and administration charges. If the sums already paid do not cover such costs in full, we shall raise an invoice and you agree to pay the difference.
5.8 Your responsibilities: you must ensure your own availability to take delivery. You must ensure that there is adequate access to the property where the goods are to be delivered. The product is delivered in a single unit and cannot be dismantled or installed in parts. It is therefore vital that you check dimensions of internal and external access points to ensure access is possible.
5.9 When you become responsible for the goods. A product will be your responsibility from the time we unload the product at the address you gave us.
5.10 When you own products. You own a product once we have received payment in full of the price of the product together with any delivery or other charges that you are required to pay.
5.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.12 Reasons we may suspend the supply of products to you. We may have to make minor changes to the products and/or have to suspend the supply of a product to deal with technical problems or make minor technical changes and/or update the product to reflect changes in relevant laws and regulatory requirements.
5.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months, you may end the contract and we will refund any sums you have paid in advance for the product.
5.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.3).
6. Installation: When you purchase one of our products you will have the choice of what is contained in the table centre piece for example you may choose gold leaf, silver leaf, cooper leaf or crystals (Centre Piece). On delivery a product will not contain a Centre Piece. You may either choose to install the Centre Piece or purchase the installation services from us. If you choose to install the Centre Piece we shall not be responsible for the finished result of the Centre Piece or any damage caused to it by you during the installation process. The Centre Piece is extremely fragile and great care must be taken on installing it.
6.1 We provide a free installation service if the delivery address is within the M25 and provided the date arranged for us to provide the service is within 4 weeks of the delivery date. If you require the services to be delivered at a delivery address outside of the M25 you will be notified of the charges for the installation service during the order process.
6.2 If you do not allow us access to provide the installation. If you do not allow us access to your property to perform the installation service as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or rearrange access to your property we may cancel the installation service.
6.3 On completion of the installation service, we will ask you or someone nominated by you to inspect the Centre Piece and provide written confirmation that the Centre Piece complies with its description and is satisfactory. If you are not available to provide written confirmation on the date of installation, you must notify us immediately, and within a maximum of 7 days, of any alleged defect, damage or failure to comply with the description. You must allow us the opportunity to inspect the product within a reasonable time frame and before you make use of the goods. If you fail to comply with these provisions, the product will be conclusively presumed to be in accordance with the agreement between you and us and free from any damage which would be apparent upon a reasonable examination of the product and you will be deemed to have accepted the installation service.
7. Your rights to end the contract
7.1 Whether you have any rights to end the contract will depend on how you purchased the product, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get the product repaired or replaced or to get some or all of your money back, see clause 9; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause
7.2; (c) Distant Contract only: If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; (d) In all other cases if we are not at fault there is no right to change your mind. 7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; (b) there is a risk that supply of the products may be significantly delayed because of events outside our control; c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or (d) you have a legal right to end the contract because of something we have done wrong.
7.3 Distant Contracts only: Exercising your right to change your mind. For products bought by means of a distant contract you have a legal right to change your mind within 14 days after you (or someone you nominate) receives the product. If you paid for any installation services, you have 14 days after the day we email you to confirm we accept your order to change your mind. However, once we have completed the services you cannot change your mind, even if the period is still running.
7.4 Distant Contracts only: Your right to end the contract is conditional on you notifying us that you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call customer services. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) Online. Complete the form on our website. (c) By post. Print off the model cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
7.5 Distant Contracts only: Returning products after ending the contract. If you end the contract in accordance with clause 7.3 after products have been dispatched to you or you have received them, you must call customer services to arrange for us to collect them from you. You must be available and allow us to collect the goods within 14 days of telling us you wish to end the contract. The cancellation will be subject to you taking reasonable care of the product, if you have not installed the Centre Piece that this is not subsequently installed, that you refrain from using the product and that the products are made available for collection.
7.6 When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or misdescribed; (b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind for a distant contract) you must pay the costs of return, which is likely to be similar to the original cost of delivery.
7.7 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
7.8 How we will refund you. We will refund you the price you paid for the product less any collection costs by the method you used for payment. However, we may make deductions from the price, as described below.
7.9 Distant Contracts only: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling of them. You accept that any materials used for the Centre Piece once positioned due to their extremely sensitive nature are unlikely to be recovered in a condition where we can re-use them for this reason and where they are not re-usable we will deduct the net cost of the materials from any refund. If we refund you any part of the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.10 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind for a distant contract then your refund less any deductions will be made within 14 days of your telling us you have changed you mind.
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if: (a) you do not make any payment when due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; (c) you do not, within a reasonable time, allow us to deliver the products to you.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause
8.1 and we have not started work on your product we will refund any money you have paid in advance but we may deduct or charge you £100 as compensation for the net costs we will incur as a result of your breaking the contract. If we end the contract in the situations set out in clause 8.1 and we have started work on your product we will refund any money paid in advance but will deduct a reasonable fee to reflect the production costs which shall be between ten percent (10%) to one hundred percent (100%) of the original price. If the sums already paid to us do not cover such costs in full, we shall raise an invoice and you agree to pay us the difference.
9. If there is a problem with the product
9.1 We ask that you inspect the products as soon as they are delivered. Every effort will be made to ensure that the products you have ordered arrive undamaged and without defect. If the products are found to be either damaged or defective in any way at the time of delivery, you must notify us immediately. If damage is discovered after delivery, you must contact us within 30 days of delivery of the goods. You must allow us to collect and/or inspect the products within a reasonable time after delivery and before you make use of the product. If you fail to comply with these provisions, the products will be presumed to be in accordance with the contract and free from any defect or damage which would be apparent upon a reasonable inspection, and you will be deemed to have accepted them. After 30 days, the provisions of clause 14 apply.
9.2 If the goods are damaged, we will make good any damage by repairing the products, If we are unable to repair the product to manufacturing standards, we will send a replacement product within 6-8 weeks of collection of the damaged item.
9.3 If we decide not to repair or replace the product or if having undertaken to repair or replace the product, we fail to rectify the damage or defect within a reasonable time, we will: (a) offer a further repair or replacement; (b) issue a full refund of all monies paid by you for the products; or (c) offer a proportionate deduction of the price of the products should you wish to retain them. No further responsibility will be accepted for the damage or defect in such circumstances.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) shall be our quoted price.
10.2 When you must pay and how you must pay. When you place your order you must pay fifty percent (50%) of the price of the product and you must pay the remaining fifty percent (50%) along with the delivery costs and any installation fee when the product is ready for delivery.
10.3 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest on the balance at the rate of 4% for each month or part month until such time as the balance has been repaid in full.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer, that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
11.3 When we are liable for damage to your property. If the installation of the Centre Piece will be provided by us, we can confirm that we will make good any damage to your property caused by us while doing so.
11.4 If you take responsibility to install the Centre Piece, we will not be liable for damage which was caused by you failing to correctly follow installation instructions.
11.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us: (a) to supply the products to you; (b) to process your payment for the products; and (c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
12.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
12.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
13. Intellectual property rights. All intellectual rights in the products shall belong to and remain vested in Dio Davies Ltd.
14.1 These guarantee provisions apply between you and us as part of our contract. Guarantee provisions are not transferable without our written agreement.
14.2 All our products are guaranteed against manufacturing defects which become apparent and are notified to us within 2 years of the first date upon which the products are delivered to you. Our guarantee is limited defects in materials and/or workmanship and we do not accept liability caused by improper use or abuse of the products.
14.3 All tables sold will include a 10 year frame guarantee. This guarantee is limited to inherent defects in the structural frame of the table and will not include the Centre Piece This guarantee does not cover general wear and tear and we do not accept liability caused by improper use or abuse of the products.
14.4 All inherent defects notified to us within the relevant time scales will at our discretion be repaired or replaced.
14.5 The guarantee is only applicable to products made available for collection at an address in the UK mainland.
14.6 The guarantee will apply to products purchased for domestic use only and we reserve the right to withdraw the guarantee provisions if the products are used within a commercial, rented or sub-let environment.
15. Other important terms
15.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by and construed in accordance with the laws of the England and Wales.