Terms and conditions of sale of goods to consumers

Cube Upholstery Limited, Terms & Conditions of Sale of goods (on premises)  B2C

 

We are Cube Upholstery Limited and these are the terms and conditions relating to purchases made at our factory premises (the “terms and conditions”). Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our premises. By ordering, you agree to be bound by these terms and conditions. Please understand that if you are unable to accept these terms and conditions, you will not be able to order any Goods from our factory premises.

 

1) Information about us and how to contact us.

 

Cube Upholstery Limited is a company registered in England and Wales. Our company registration number is 8340235 and our registered office is at 39 Oakdale Road, Nottingham NG3 7EL. Or registered VAT number is 142841522.

 

You can contact us by telephoning our customer service team at 01159 346 517 or by writing to us at cubeupholstery@gmail.com, or at Unit 3 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.

 

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) Your status

 

By placing an order through our factory premises, you warrant that:

(a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; and (c) you have provided accurate details about yourself including your name, address and payment details and a contact number on which you can be easily reached.

 

3) How the contract is formed between you and us

 

Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.

We shall assign a reference to your Order and inform you of it at the time of sale. Please quote your reference in all subsequent correspondence with us relating to the Order.

 

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

 

4) Cancellation and Return of Goods

 

Should you wish to cancel and/or amend your order you should contact your sales contact at our factory premises. This provision does not affect your other statutory rights as a consumer.

 

Advice about your legal rights is available from your local Citizen Advice Bureau or trading standards office.

 

Should you wish to cancel your Order once you have received the Goods, you will not be able to unless you have a statutory right to do so because the Goods are faulty or not as described. You also have a statutory duty to take reasonable care of the Goods. If you breach this duty, we may have a right of action against you.

 

If you wish to return the Goods to us after collection we will discuss the issue with yourselves and, if necessary, examine the Goods. You will be responsible for returning the Goods to us at your own expense, unless we agree otherwise in writing.

 

We shall process refunds due to you as soon as possible, and in any case, within 14 days of the day we confirmed to you that you were entitled to a refund.

 

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

The right to cancel or amend an Order – you can cancel or amend your order within 7 days of placing it without a charge. In the event that you cancel or make amends after this however, Cube Upholstery Limited may charge you 20% of the order value to cover our costs of processing your order and for any works carried out and for materials used. If you have requested that we start work on your order before the 7 days are up, then by doing so you agree to waive the 7 day cooling off / amendment period.

 

We will not be responsible for any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

 

The Contract applies to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to the Contract.

 

5) Product Specification

 

We are under a legal duty to supply goods that are in conformity with the Contract.

 

Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, emails, on our website, or on our social media platforms are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances.

 

All Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, particularly with natural products such as wood and leather. Leather products are made from quality hides and may not be uniform in colour or texture and will show natural marks and scars. Colours may also change with age and exposure to sun and other climatic conditions.

 

Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and any guarantee we may offer will continue to apply.

 

6) Title and risk

 

The Goods will be your responsibility from the time of collection.

 

Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods.

 

7) Price and payment

 

We will require payment in full of the value of the Order inclusive of VAT upon collection.

 

The price of the Goods will be as quoted to you in our factory premises. If however we need to amend the price first quoted to you, we will contact you to discuss this with you via either the phone number or email address you supplied us.

 

The prices of Goods include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

 

The prices of the Goods are liable to change at any time, but changes, other than changes in the VAT rate as set out above, will not affect orders which are confirmed.

 

8) Cancellation by Cube Upholstery Limited

 

We reserve the right to cancel an Order and terminate the Contract if: (a) we do not have the stock to fulfill an order, (b) we are unable to deliver your order, (c) your payment was not authorised, (d) the Goods contained in your Order were incorrectly described or priced on the website, (e) you have not complied with the Contract; or (f) there is some other substantial reason which means we need to cancel the order.

 

If the order is cancelled by Cube Upholstery Limited, we shall aim to notify you as soon as possible.

 

If you are not entitled to a full refund then we shall treat the Order as if it were cancelled by you.

9) Our liability

 

Subject to the provisions of this paragraph, if we fail to comply with the terms and conditions of the Contract, then our liability to you will be limited to the value of the Goods contained in the Order to which your complaint relates and for which you have paid.

 

We only supply your Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Nothing in the Contract excludes or limits in any way our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation:

(c) any breach of the obligations implied by the Consumer Rights Act 2015;

(d) defective products under the Consumer Protection Act 1987; or

 

(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

Subject to the provisions of this paragraph, we are not liable to you for loss or damage you suffer that is indirect, consequential or special.

 

Subject to the provisions of this paragraph, the express terms of the Contract are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for the Contract, would be implied or incorporated by law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

 

10) Data Protection

 

Cube Upholstery Limited is a data controller and we are responsible for your personal data.

 

You can find our privacy policy at: https://www.cubecamperupholstery.co.uk/privacy-policy/

 

Your information (or the information of the nominated adult) will be used to process your Order and/or to handle any claims made under any guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.

 

If you so choose, your personal data can also be used to enable us, to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.

 

11) Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is
caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in
particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action
(b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation
for war;
(c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event
to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. Should the
Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any contract that exists
between us forthwith without any further liability to the other party. The party terminating the agreement must serve a Force Majeure notice
to the other party within 5 days of deciding to terminate the contract. This should be delivered in writing either by post, or by email.

 

12) Transfer of rights and obligations

 

You may not transfer any of your rights or obligations under the Contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the Contract to another organisation, but this will not affect your rights under the Contract.

 

13) Written communications

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our factory premises or telephone sales system, you accept that communication with us will be mainly electronic. We may contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.

 

14) Notices

 

All notices given by you to us must be given to our Customer Services using the details provided below.

You can contact us by telephoning our customer service team at 01159 346 517 or by writing to us at cubeupholstery@gmail.com, or at Unit 3 Parkway Court, Glaisdale Parkway, Bilborough, Nottingham NG8 4GN.

 

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or by text message. Notice will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent from the UK). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the UK that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

General

If any court or competent authority decides that any of the provisions of the Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

If we fail, at any time while the Contract is in force, to insist that you perform any of your obligations under the Contract, or if we do not exercise any of our rights or remedies under the Contract, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions of the Contract shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

 

The Contract applies between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply). You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these documents or otherwise provided in writing.

 

A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

 

The Contract shall be governed by English law and we both agree to the non- exclusive jurisdiction of the English courts.

 

Alternative Dispute Resolution

 

If you are not entirely satisfied with your purchase please contact our Customer Services at Customer Services, Cube Upholstery Limited, Unit 3 Parkway Court. Glaisdale Parkway, Bilborough, Nottingham NG8 4GN. Alternatively, email us at cubeupholstery@gmail.com. We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure.

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