Terms And Conditions Of Sale
Last updated February 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER ON THE VINTERIOR SITE.
TERMS OF SALE
1. These terms
1.1 These terms and conditions of sale (“Terms of Sale”) are the terms of sale referred to in the Vinterior Website Terms and Conditions (“Site Terms”) and govern the contractual relationship between Vendors and Customers in relation to transactions made using the marketplace website, www.vinterior.co (“Site”), owned and operated by Vinterior Group Limited (“Vinterior”).
1.2 Vinterior is not a party to these Terms of Sale. Throughout these Terms of Sale, you, the Customer, are referred to as ‘you’, and we, the Vendor, as ‘we’ or ‘us’.
1.3 Capitalised words within these Terms of Sale shall have the meaning given to them in the Site Terms.
1.4 Please read these terms carefully before you submit an order for Goods via the Site. These terms tell you how Goods will be provided to you, how you or we may change or end the contract, what to do if there is a problem, how to cancel or return Goods, and other important information.
1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- (a) you are an individual; and
- (b) you are buying Goods via the Site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.6 If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 We are permitted by Vinterior to advertise for sale and sell Goods via the Site. Please contact us via Vinterior Site.
2.2 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order for Goods will take place when you receive a notification that your order has been confirmed, at which point a contract will come into existence between you and us. The confirmation will also include the shipping cost that will be automatically processed on the card provided for the payment of the Goods, unless a collection is organised or the option for payment in cash at delivery is chosen. If you do not accept the shipping charge you can cancel and receive a full refund, provided: the order has not yet been dispatched and you cancel within 24 hours of receiving the order confirmation.
3.2 If we are unable to accept your order, we will inform you of this via the Site and you will not be charged, or will receive a full refund if you have been already charged. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
3.3 You will be assigned an order number to your order and you will be notified what it is when we accept your order. It will help us if you can refer to the order number whenever you contact us (via Vinterior) about your order.
3.4 Please note that if your order contains more than one item, it will be marked as confirmed once all the items have been confirmed, which may include confirmation from multiple Vendors. Each item constitutes a separate contract with the respective Vendor.
4. Providing the goods
4.1 The expected timeline and costs of delivery will be as displayed to you in the order confirmation email sent to you after we accept your order.
4.2 You will pay for the costs of delivery of Goods unless free delivery is offered or you choose to collect the Goods.
4.3 The cost of delivery will be displayed in the confirmation email and Vinterior will charge it upon confirmation of the order on the card used for the payment of the item (unless the payment method is cash at delivery).
4.4 The cost of delivery is calculated based on the size, weight and fragility of each item and the distance between the Goods location and your delivery address. The costs of delivery may vary depending on access restrictions or the type of courier required.
4.5 Our standard delivery service includes basic packaging and will be carried out by one delivery person delivering to the Goods to the outside of the Customer’s premises.
4.6 You may request additional delivery requirements at a further cost which will be determined before delivery is carried out.
You will be responsible for informing us of any special request for delivery otherwise delivery will be standard. If we cannot accommodate the request, we will inform you by a message on the Site.
4.7 You may cancel or return your Order in accordance with our Cancellations and Return Policy.
4.8 Subject to 4.3 above, we will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order unless otherwise agreed in writing. If the item has not been delivered within 30 days after confirmation, you may ask for a return of the item at our cost.
4.9 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, you will be contacted 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 (via Vinterior) to end the contract and receive a refund for any Goods you have paid for but not received.
4.10 If no one is available at your address to take delivery of the Goods, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
4.11 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 under clause 6 of these terms.
4.12 It is your responsibility to inspect the Goods on receipt and report any damage that has occurred during delivery. If you do not report damage promptly, you may be responsible for the cost of returning the Goods in accordance with our Cancellations and Return Policy.
4.13 Goods will be your responsibility from the time we deliver them to the address you provided to Vinterior.
4.14 You own the Goods once Vinterior or its payment providers have received payment in full. Payment will be taken in accordance with the Site Terms.
4.15 We may need certain information from you so that we can supply the Goods to you, for example, dates and times and preferred locations for delivery. If so, this will have been stated in the description of the Goods on the Site. We will contact you to ask for this information.
4.16 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 (and clause 6 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
4.17 We will not be responsible for supplying the Goods 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.
4.18 We may have to suspend the supply of Goods where we no longer have the Goods in stock. We will contact you in advance to tell you we will be suspending supply of the Goods.
4.19 You may contact us (via Vinterior) to end the contract for Goods that we have suspended supplying and we will refund any sums you have paid in advance for the Goods.
5. Your rights to end the contract
5.1 This clause five is subject to our Cancellations and Returns Policy Cancellations and Return Policy.
5.2 If you are a consumer based in the European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract via Vinterior and receive a refund for Goods. This right does not apply if you use the Goods or alter or repair the Goods (such as by waxing, repairing, sanding, or otherwise changing the Goods so that they are different from the condition they were in when delivered). The right to cancel does not apply to the following types of Goods, which are non-refundable: Goods that are personalised, bespoke or made-to-order to your specific requirements.
5.3 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been confirmed), which is when the contract between us is formed (“Contract Date”). The deadline for cancelling the contract under this clause 5 is 14 days following the reception of the item.
5.4 To cancel the contract, you must let us know by creating the return on the Site.
5.5 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract, provided that you have returned the Goods to us, where applicable. Please note that if the item has been damaged or is not in similar conditions, you will not be refunded.
5.6 You will be refunded using the method you used to pay for the Goods. If Vinterior is unable to use the same method, they may contact you to process payment by bank transfer.
5.7 Even if you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us is completed when the Goods are delivered and Vinterior or one of its payment providers has received payment for the Goods.
6. Our rights to end the contract
6.1 We may end the contract at any time by writing to you if:
- (a) you do not provide us with information that is necessary for us to provide the Goods within a reasonable time of us asking for it. For example, the address for delivering the Goods to you;
- (b) you do not, within a reasonable time, allow us to deliver the Goods to you.
6.2 If we end the contract in the situations set out in clause 6.1, we will refund the price of the item and the delivery, deducting any costs we will incur as a result of your breaking the contract.
7. Your rights in respect of defective goods if you are a consumer
7.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
7.2 If you wish to exercise your legal rights to reject defective Goods you must return them to us in accordance with this contract.
8. Your rights in respect of defective goods if you are a business
8.1 If you are a business customer we warrant that on delivery, any Goods shall:
- (a) conform in all material respects with their description;
- (b) be free from material defects in design, material and workmanship, unless previously disclosed, unless it is a vintage or an antique item the defects are clearly communicated in their description.
8.2 Subject to clause 8.3, if:
- (a) you give us notice in writing within 72 hours after delivery of discovery that the Goods do not comply with the warranty set out in clause 8.1;
- (b) we are given a reasonable opportunity of examining the Goods such as clear pictures of the defective good; and
- (c) you return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.
8.3 We will not be liable for the Goods failing to comply with the warranty in clause 8.1 if:
- (a) you make any further use of the Goods after giving a notice in accordance with clause 8.2(a);
- (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- (c) you alter or repair the Goods without our written consent; or
- (d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
8.4 Except as provided in this clause 8, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 8.1.
8.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 8.2.
9. Price and payment
9.1 The price of the Goods (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order on the Site. We take all reasonable care to ensure that the price of the Goods advised to you is correct. The cost of the shipment will be charged on the card used for the item when we will confirm the order. You will receive a confirmation message with all shipping information. If the card payment fails, Vinterior will contact you to request alternative payment details. If you require an invoice for your purchase, please request it via the Site.
9.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
9.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9.4 You will be charged interest on any overdue payments at a rate of 4% above the Barclays Bank base rate (Interest), which shall accrue daily.
9.5 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any Interest until the dispute is resolved. Once the dispute is resolved we will charge you Interest on correctly invoiced sums from the original due date.
9.6 All online credit card payments will be conducted in accordance with the Payment Card Industry Data Security Standards.
10. Our responsibility for loss or damage suffered by you if you are a consumer
10.1 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.
10.2 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.
10.3 We do not exclude or limit 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 Goods, including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act 1987.
10.3 If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 11.
11. Our responsibility for loss or damage suffered by you if you are a business
11.1 Nothing in these terms shall limit or exclude our liability for:
- (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
11.2 Except to the extent expressly stated in clause 8.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.3 Subject to clause 11.1:
- (a) we shall not be liable to you, 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 between us; and
- (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.
12. How we may use your personal information
13. Other important terms
13.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.2 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.
13.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You may also bring proceedings in the country in which you live.
13.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.