We put together this guide to set out the terms and conditions on which we supply
any of DIA Art Design products listed on our website www.diaartdesign.com to you.
We tried to keep it clear and short without unnecessary technical jargon.
Please have a quick look through and keep it as reference in case of any questions you might have.
If in doubt, please ring us: +44781241693 or email: email@example.com and we will be more than happy
to assist you in answering your questions. As we expand as the company, we might change these terms
from time to time and the updated version will be available for you to view on our website.
TERMS OF SALE
Last updated: 27 February 2018
1. INFORMATION ABOUT US
www.diaartdesign.com is a site operated by DIA Art Design LTD company registered in England and Wales under number 11113780. Our registered office is at 58 High Street, Potterspury, Northants, NN127PQ. You can email us on firstname.lastname@example.org or phone us on 0044781241693.
2. PRODUCT AVAILABILITY
Our site is intended primarily for use by people resident in the UK mainland. Please note that at this time we do not deliver to non-mainland UK and another European Union countries.
All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
If we are unable to supply you with a Product, for example, because is out of stock or because of an error in the price we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
3. PRODUCTS AND VARIATIONS
Although we have made every effort to be as accurate as possible, the measurements indicated on our site including weights, dimensions and capacities shown on our site are approximate only.
The final dimensions of the finished products in bespoke sizes will be within 2cm of the requested measurements.
It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.
Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
Due to the nature of the natural materials used and traditional craftsmanship methods applied, finishes may vary and shade variation can occur between different batches. These variations also include: changes in colour with time, surface texture of concrete, wood grain. These variations are typically very subtle and are integral to the character of our products and should not be seen as defects.
We always try our best to make sure that the descriptions, images and prices on our website are accurate. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4. ORDERING PRODUCTS
You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
5. PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
It is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. 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 dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Our website has been designed to make shopping easy and secure. Our products are arranged in easily identifiable categories.
We accept payment with the payment methods listed on our site, which are processed using a secure server – our payment processors are Stripe, one of the world’s leading online payment providers. Our system is set up to charge in Pounds Sterling. Please note that if you are shopping from outside the UK, your card company will convert our Sterling price into your local currency and the amount will appear on your next card statement.
You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates.
Please note that we only deliver to mainland addresses in United Kingdom, excluding Northern Ireland.
Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner.
Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
Either we or our nominated delivery partner will contact you to notify you when your Products are available and will arrange a date for delivery to the address specified by you.
Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery.
Our delivery partner for large items (eg. tables, desks, heavy items) will contact you to schedule a delivery date. They will provide an estimated delivery time slot approximately 48 hours before delivery, once the delivery route has been planned. If you cancel the delivery later than 8am on the day two days before your delivery date or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid.
Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay.
For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions.
Our nominated delivery partner will endeavour to deliver the purchased goods to you within 15 working days of them arriving in their warehouse. Failure for you to accept delivery of these items within 20 working days will result in our having the right to charge you storage charges at £10 per week for each large item (these are items which cannot be sent by postal carrier due to their size). Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly. If you decide to cancel the contract, any storage fees will not be refunded.
Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk).
You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time.
We promise that your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on 0781241693.
From design to making, a great deal of care and attention goes into each of our designs. We believe our products will serve generations and we doubt you’ll ever need to use this paragraph.
On all our products there is 1 year guarantee.
This guarantee is against faulty workmanship and/or faulty materials or mis-described goods.
The statutory guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party. Advice about your legal rights is available from your local Citizens' Advice Bureau of Trading Standards Office.
In the event of a claim under guarantee occurring, please contact email@example.com giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time.
In the event of an accepted claim we will endeavour to repair the defective goods free of charge. If a repair is not possible you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the actual goods themselves supplied by us. This does not affect your statutory rights.
Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland) and used solely in private residences and not in commercial or rental properties.
We believe you will be thrilled with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
Right to cancel
clause 8.1 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason.. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. This does not apply to any bespoke and made to order Products you purchase from us such us tables and benches
The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team on firstname.lastname@example.org or by phone 07812431693.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
9. REFUNDS AND RETURNS
If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described
If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described.
We will refund you through the payment method used by you to pay.
How to return the Products
If you change your mind and exercise your right to cancel under clause 9 above after delivery, then the Products must be returned to us. In this case, this may be done by either:
(a) For most small items and certain, you will need to arrange for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days for the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us
(b) For certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection (this does not apply to the “One by Made” mattresses which we will collect from your address at no cost to you.
If you exercise your right to return the Products under clause 8.1, because the Products are faulty or were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address. However, in this case, the return or collection will beat no cost to you.
Please contact Customer Services email@example.com to arrange a return or collection of the Products.
You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
10. YOUR INFORMATION
11. OUR LIABILITY
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.
Our liability for losses you suffer as a result of us breaking this agreement 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.
This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence
- under section 2(3) of the Consumer Protection Act 1987
- for fraud or fraudulent misrepresentation
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
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, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause.
12. RESOLVING DISPUTES
If you have any complaints about the products or service that we have provided, please contact firstname.lastname@example.org and we will do our best to resolve it.
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13. CONTACT US
If you have any queries about these Terms of Sale, please send us an email email@example.com or contact us on the phone: 07812431693 (Mon – Fri: 10 am – 5 pm). We’ll be happy to help.