NEVILLE JOHNSON LTD
Terms of Sale for Neville Johnson Sofas and Related Products
[Neville Johnson Ltd also design, manufactures and installs bespoke fitted furniture and staircase components to which separate terms of sale apply and are presented to clients with any quotation for those goods or services.]
1. Terms of Sale
These terms of sale (“these Terms”) apply to all orders for the sale of sofas and related products made on or after the date of this version of these Terms. Please read these Terms carefully before ordering Products from Us. By ordering any of our Products, you acknowledge that these Terms will be incorporated into the Contract to the exclusion of all other express terms and that you will be bound by them.
2. Information About Us
www.nevillejohnson.co.uk (“Our Website”) is a site operated by Neville Johnson Ltd (“We” / “Us”), a subsidiary of BHID Group Ltd. When you purchase our Products, your Contract will be with Us. We are a company registered in England and Wales, with company number 1701103. Our registered office is at Broadoak Business Park, Ashburton Road West, Trafford Park, Manchester M17 1RW.
In these Terms:
(i) “Bespoke” means Products that are made up in a fabric of your choice or are manufactured to your required specification;
(ii) “Contract” means the contract between you and Us which incorporates these Terms and which comes into existence when We accept your Order;
(iii) “Delivery Charges” means the delivery charges as stated in your Order or any Order confirmation email We send to you;
(iv) “Delivery Address” means the delivery address as determined in accordance with Clause 8.2;
(v) “Products” means the products (including any services) stated in your Order which you agree to purchase from Us on the terms of the Contract;
(vi) “Price” means the price of the Products as stated in your Order;
(vii) “Order” means your order to us for any Products as set out in the checkout and other ordering pages generated by Our Website and submitted by you through Our Website our acceptance of which will create the Contract.
4. Creation of the Contract
4.1 Your Order
Your Order to us constitutes your offer to purchase the Products on and subject to these Terms and subject to our acceptance of your Order. You may withdraw your Order at any time until We accept it.
You must be at least eighteen (18) years old to place an Order, and in doing so you warrant and represent that such is the case.
4.2 Our acceptance
Your Order is accepted, and the Contract made, when We send you an email or other written communication confirming receipt of your Order or, if We do not send such an email, when We despatch to you the Products or the first instalment of them.
4.3 If we decline your order
We may for any reason at our sole discretion decline your Order in whole or in part before We have accepted it, but if We do so then We will normally telephone or email you to tell you why We have done so.
5. Contract Terms
The terms of the Contract will comprise:
5.1 Order-specific terms
The specific terms of your Order (including description and quantity of Products, Price, Delivery Charges and any other applicable charges, your details, Delivery Address, billing address, payment method and payment details) as provided in the checkout pages generated by Our Website; and
5.2 General Terms
These Terms, any general information published on Our Website and any terms implied by law and not excluded.
The Products will correspond to the description and specifications set out on Our Website and in your Order at the time when you submitted your Order. All images are intended to show the Product as accurately as possible but they may appear slightly different on different computer screens and We cannot guarantee that your computer will display colours of fabrics and leather exactly.
Leather is a natural product, therefore every shade is unique and will exhibit colour fluctuations, and naturally occurring markings are normal.
6.2 Alteration of specification
We may alter the specification of the Products provided that such alteration does not materially affect their quality or performance.
We endeavour to manufacture our Products as accurately as possible. However, measurements are approximate and the Products may not precisely conform to any measurements provided. The dimensions of Products may vary within a tolerance of up to +/- 20mm of the stated dimension (including allowing for variances in fabric pile).
Fabric batches may vary and there may be a shade variation between batches. We endeavour to use material from the same batch for all the Products in your Order but We cannot guarantee that all the Products in your Order will precisely match or that Products we supply pursuant to subsequent Orders will match Products with the same type of fabric which we have supplied pursuant to a previous Order.
Products may fade or discolour due to exposure to direct or indirect sunlight as is normally to be expected for products of this type in the industry. We cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
We try to ensure that Products are as close as possible to those displayed online or in any fabric swatch We supply, but We cannot guarantee a perfect match.
7. Price and Payment
7.1 Price, Delivery Charges and other charges
The Price, Delivery Charges and any other charges stated in your Order or these Terms are inclusive of value added tax and you agree to pay them.
7.2 Payment with Order
The Price, Delivery Charges, and any other charges stated in your Order or these Terms must be paid when you submit your Order, otherwise your Order will not be accepted and We will not be obliged to process your Order or produce or dispatch any Products until We accept your Order upon receipt of full payment.
7.3 Payment currency
You must pay the Price, Delivery Charges and any other charges stated in your Order or these Terms in pounds sterling.
7.4 Payment methods
We accept payment by MasterCard and Visa and such other cards as may be stated on Our Website from time to time. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason We will tell you.
8. Delivery Arrangements – General
8.1 Arranging delivery
When your Products are ready We will contact you to arrange a delivery date and time window. Once you have agreed a delivery date and time window you must strictly adhere to them and ensure that you are available to take delivery in accordance with them.
8.2 Delivery Address
We only deliver to a Delivery Address in mainland Great Britain.
Delivery will be to the delivery address stated in your Order. If no address was stated, then delivery will be to the address at which your payment card is registered or, if that is not available, to any other address you have provided in any website account with Us or an address which you provide when We contact you to arrange delivery.
We will try to deliver all Products in your Order at the same time, but if We are unable to do so We will contact you and may deliver Products by instalments as they become available.
9. Delivery Timescales
9.1 Delivery date
Once We have accepted your Order We will use reasonable efforts to deliver the Products within the 8-10 week period indicated on Our Website and will contact you within that period to indicate when We anticipate delivering the Products. Time is not of the essence of the Contract.
9.2 Events outside our control
We are not responsible for delay or failure to deliver Products if this is due to unforeseen events beyond our reasonable control. We will let you know as soon as possible if there is going to be a delay. If you choose to cancel your Order you may do so, in which case We will refund all amounts you have paid to Us pursuant to the Order. Alternatively if We are able to continue with the Order and you wish Us to do so We will agree with you a revised delivery date as soon as we can.
10. Receipt of the Products
10.1 Your failure to accept delivery of the Products
If we attempt delivery within the time window in Clause 8.1 but you are not present to accept delivery or you unreasonably refuse to accept delivery then Clause 10.6 will apply.
10.2 Access for delivery
You must ensure that there is a safe adequate access from the delivery vehicle to the Delivery Address for the Products, taking into account their size, weight and bulk. If we are unable to offload the Products ordered due to inadequate access then Clause 10.6 will apply.
10.3 Installation of products
We will install the Products in such room at the Delivery Address as you may choose, and to do so will this carry the Products to that room, unpack them, remove and dispose of the packaging and assemble any of the Products which do not arrive fully assembled. If necessary and if the Product is designed to have removable arms, legs or castors We will remove arms legs or castors and re-assemble them once in the chosen room. You must allow us to do this at the time of delivery.
You must ensure that the chosen room is adequate for the size of the Products and that there is an adequate access route from the entrance to the Delivery Address to the chosen room taking into account the size, weight and bulk of the Products. You must measure the chosen room and the access to it, and ensure they are sufficient for the dimensions of the Products. If We are unable to deliver the Products to the chosen room due to them being too big to fit in the chosen room or to fit through the interior of the Delivery Address (including stairwells and doors) then Clause 10.6 will apply.
10.4 Checking on delivery and signing delivery note
All Products must be unpacked and checked on delivery, and you must sign our delivery papers before ownership of the Products passes to you. Signing for delivery is to confirm receipt of the Products and will not affect any of your other rights.
10.5 Your inspection on delivery
You should check that you have received all of the Products, and inform Us as soon as you can if you think anything is missing, not as ordered, damaged or not in working order. You should call us on 0161 873 8333 or email us at [email protected] as soon as you can and in any event within 48 hours of delivery to let Us know about any item which is damaged. We may require proof of damage from you by way of photograph to help us assess the damage and facilitate a repair, replacement or refund, although failure to provide such proof will not affect your statutory rights.
10.6 Consequences of delivery failures caused by you
Where this Clause 10.6 is applied by a Clause above, We will have the following rights:
(i) Delivery will be deemed to have been effected (including for the purposes of your cancellation rights);
(ii) We may charge you our reasonable costs of returning the Products to our depot and for storage thereafter;
(iii) We may make a reasonable charge or additional delivery charge for subsequently re-delivering the Products.
Risk in the Products will pass to you when they come into your physical possession or that of any person identified by you to take possession of them. Risk in any returned Products will pass back to Us only when they come back into our physical possession or that of any person identified by Us to take possession of the returned products (including any carrier commissioned by Us to collect the Products from you and transport them back to Us).
Title to the Products passes to you on delivery EXCEPT that if the Price or any other amount payable by you is then outstanding, title is retained by Us until you have paid all amounts due to Us under the Contract and any other Contract which may exist between you and Us. Until then you will (i) hold the Products on a fiduciary basis as Bailee (ii) keep them in the same condition as at delivery (iii) permit Us to enter the Delivery Address at any reasonable time on reasonable notice to collect the Products.
13. Your Statutory Cancellation Rights
If you are a consumer (as defined in Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) then you have the right under those Regulations to cancel the Contract without giving any reason. This right is in addition to your statutory rights for defective products as summarised in Clause 15.1 below. The following terms summarise the right and set out the applicable procedures.
13.1 Cancellation deadline
You can exercise this right by giving Us notice before you receive the Products, or by giving notice no later than 28 days after the day you received the Products (the “cancellation deadline”). If the Contract covers multiple Products, then the 28 days runs from the delivery of the last of those Products.
13.2 How to exercise your right to cancel
To exercise your right to cancel, you must inform Us of your decision by a clear statement to Us. You can, but are not obliged to, exercise your right to cancel by telephoning Us on 0161 873 8333, emailing Us at [email protected] or writing to Us at Broadoak Business Park, Ashburton Road West, Trafford Park, Manchester M17 1RW. It would be helpful if you could quote your order reference number in any communication. You may use the model cancellation form below but it is not obligatory:
Model cancellation form:
To: Neville Johnson Ltd, Broadoak Business Park, Ashburton Road West, Trafford Park, Manchester M17 1RW
[I/We] hereby give notice that [I/we] cancel [my/our] contract of sale of the following products:
Product Name Ordered On Received On
[ ] [ ] [ ]
Customer Name: [ ]
Customer Address: [ ]
Date: [ ]
14. Refunds and Returns Policy
14.1 Return of the Products and costs of return
If you exercise your right to cancel, We will collect the Products from the Delivery Address at no additional charge to you. You must make them available to Us for collection without undue delay and in any event not later than 14 days after you informed Us of your decision to cancel. However, if the Products are at a different address then you must pay our direct costs of collecting the Products. If you do not release the Products when arranged, then We may also charge you our direct costs for each failed collection attempt. We may deduct any costs payable by you under this Clause from any refund which We are obliged to make to you. The Products remain at your risk until they have been returned to Us, and accordingly we recommend that you make sure they are insured.
If you cancel, We will reimburse to you all payments received from you under the Contract which relate to the cancelled Product, including the Price, Delivery Charges and any other charges.
14.3 Removal of customers own product
We will take away your old product at a cost shown on the website. If we take your product away title to the goods passes to us as soon as we remove the product and the goods cannot be returned to you.
15. Guarantee and Warranties
Each Product has been individually hand crafted in the UK. Subject to the Specific Exclusions at Clause 15.2 We guarantee that frames in our footstools, armchair and sofa products will be fault-free for twenty years (“the Guarantee”). The Guarantee is in addition to and does not affect your statutory rights (such as the implied term that the Products will be of satisfactory quality).
On fabrics and any working parts We offer the manufacturer’s or supplier’s full warranty of two years.
You may not assign or transfer the benefit of the Guarantee to anyone else.
15.2 Specific exclusions
Damage, wear and tear or failure arising from any external cause (including (without limitation) overloading the Product or failing to take reasonable care of the Product) is excluded from the Guarantee.
Use of the Product at any time other than for your own domestic household use will automatically void the Guarantee.
15.3 What is your remedy under the Guarantee?
If you make an eligible and valid claim under the Guarantee then at our sole discretion We will either repair or replace the Product or refund the Price. You must allow Us access to the Product at reasonable times on reasonable notice in order to examine it and either repair it in situ or remove it for repair elsewhere or replacement.
15.4 No other remedy available and maximum liability
Your sole remedy and our sole liability under the Guarantee is that provided by Us under this Clause 15. Our total maximum liability under the Guarantee is limited to the Price.
15.5 When can you make a claim?
You must make your claim under the Guarantee without undue delay after discovering the problem and within the guarantee period. To do so you must contact Us by telephoning Us on 0161 873 8333, emailing Us at [email protected] or writing to Us at Broadoak Business Park, Ashburton Road West, Trafford Park, Manchester M17 1RW, if possible quoting your order reference number, setting out the nature of the fault and when you discovered it.
16. No Liability for Business Losses and Unforeseeable Losses
We will not be liable to you (whether in contract tort or otherwise) for any loss of profits or other business or consequential losses, or for any losses which were not foreseeable by us when the Contract was made, or for any losses caused by your breach of the Contract.
17.1 Non-waiver: if We decide not to exercise or to delay in exercising our rights that will not prevent Us from enforcing our rights later.
17.2 Severability: each provision of these Terms is separate and severable. If any is held by a court of competent jurisdiction to be void or unenforceable then the remaining provisions will continue to have full force and effect.
17.3 Sub-contracting: We may sub-contract any of our obligations under the Contract.
17.4 Rights of Third Parties: no-one who is not a party to this contract will have or acquire any rights under it.
18. Entire Agreement
The Contract Terms described in Clause 5 represent the entire terms of the Contract. There has been no reliance upon any misrepresentation and there is no collateral contract.
19. Future Changes to these Terms
We reserve the right to change these Terms from time to time and may update Our Website accordingly. Any such change will only apply to Orders made by you after the date of the change. By ordering from Our Website you agree to be bound by the latest version of these Terms at the time of your Order.
20. Our Right to Cancel and Vary the Contract
We may cancel the Contract as a whole or in respect of any Products we may decide, if: (a) We are not able to supply any of the Products for reasons beyond our control; (b) We do not have and are not able to obtain sufficient Products, fabric, raw materials, or parts to produce or supply the Products; or (c) We are unable to collect any payment from you.
If We exercise this right We will offer you a full refund, and we may also at the same time offer you the opportunity to continue with your Order subject to variations, or make an alternative offer, in which case We will identify any changes to the offer and state for how long the alternative offer will remain open.
21. Data Protection
We operate in accordance with the Data Protection Act 1998 and any data obtained from you will be processed in accordance with that Act.
22. Applicable Law
The Contract will be governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction.