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TERMS AND CONDITIONS

Please read these terms and conditions carefully as they contain the legal terms and conditions that you agree to on each occasion when you use the Garretts Furniture Conpany Ltd website, (www.garritalia.com) and to any correspondence by e-mail between us. Please read these terms carefully before using this Website.

Definitions

We Are: Garretts Furniture Company Ltd
trading as Italianbuys.co.uk

Head Office Located at

70 London Road
Sawbridgeworth
Hertfordshire
CM21 9JN

Email customersupport@italianbuys.co.uk
Telephone: 01279 600225

Fax: 05601526041

You Are: A visitor browsing Our Web Site / An existing or potential customer

In this agreement:

"Carrier"

Means any person or business contracted by us to carry Goods from our dispatch point, to you, whether for all or part of the distance.

"Our Web Site"
Means the entire computing hardware and software installation that is provided by our appointed internet service provider and/or supports Our Web Site.

"Goods and Services"
Means any of the products/goods and services that we offer for sale on our Web Site.

"Content"
Means information in any form published on Our Web Site by us or any third party with our consent.

Our Contract with You
These terms and conditions apply:
So far as the context allows, to you as a visitor to Our Web Site.
In any event to you as a buyer or prospective buyer of our Products/Goods.

We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase, the purchase reference number and will inform you of the expected dispatch date of your order. That is when our contract is made. Any variation to our advertised price will be notified to you within the confirmation e-mail.

Terms that apply to you, our customer or prospective customer are those posted on this Our Web Site on the day you order Goods and Services. Any change to these terms made from time to time, will not affect any prior contracted arrangement .

Price & Payment
All prices are in Pounds Sterling.
Payment must made in full for your order inclusive of VAT (UK) before we will dispatch any part of it.

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by the purchaser.

Details given by us in relation to exchange rates are approximate only and may vary from time to time.

You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

Your Order
Most items are in stock or in transit to us and as our finest quality Italian furniture is hand-crafted the re-order time for goods can vary between 6-10 weeks. We aim to be as accurate as we can with delivery estimates but they cannot be considered to be binding. It is possible that delays may occur in shipping which we may have no control of and we ask our customers to be patient should unforeseen delays occur. All our furniture is hand made and as such some pieces may vary in colour. Every effort is made to avoid this and therefore it will not be possible to refund or accept return of furniture simply because its does not match, suit or fit or because the item or items are unsuitable to the position the customer envisaged. Each piece is ordered for you and cannot be returned to the manufacturer. We ask all our customers to check their measurements and access to avoid disappointment.

Ordering errors
You are able to correct errors on your order up to the point at which you click on ?submit? on the final page of our ordering process.

We ensure that Items/Goods that are picked up by the Carrier from our warehouse are in good condition and it is therefore your responsibility to examine and check goods are satisfactory before signing for receipt.

Information You Give Us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and Services.

Delivery

We carefully choose an appropriate Courier Company to deliver to you, the items that you order.
Once the product is picked up from us, the Carrier will make deliveries to the address stipulated in your order. Please note that all deliveries are to the Door Only. You must ensure that someone is present to accept delivery. Please allow 10 to 12 days for delivery of standard orders and up to 28 days for heavy items.

Delivery charges
Delivery charges do vary depending on the type of products ordered and the service you select and cannot be refunded

It is the customer's responsibility to ensure that all ordered goods fit into the home and that there is no restricted access. We cannot accept refunds for goods that cannot fit into the home or cannot be delivered due to access, unsuitability or any fault of the customer.

Subject to the other provisions of these conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery, nor shall any delay entitle the customer to terminate or rescind the contract, unless such delay exceeds 120 working days.

If for any reason other than severely damaged Items/Goods the customer fails to accept delivery of any of the goods when they are delivered we will bring the goods back and charge of between ?50.00 - ?175.00 for each failed delivery

Unless we have stated otherwise in writing, delivery dates are not guaranteed, although we shall make every reasonable effort to deliver the goods by any quoted delivery date.

We may deliver the goods in installments if the goods are not available at the same time for delivery.

Please check all items on delivery, as refunds and exchanges can only be made if a breakage or damage is spotted upon delivery. Before signing for your item check your items thoroughly the before signing, even if the boxes appear to be in perfect condition. If the items are not in perfect condition please do not accept them and contact us for a replacement to be sent. Once items are signed for we will not be held responsible for any loss or damage whatsoever. Please telephone us straight away and whilst the delivery driver is with you if your item is damaged or broken 01279 600225 - so the item can be returned immediately.

Descriptions
Garretts Furniture Company Ltd has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colour of our products that appear on the website. However, as the actual colour you see will depend on your monitor or Printer, we cannot guarantee that your monitor's / Printer?s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Garretts Furniture Company Ltd disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
Garretts Furniture Company Ltd shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.

Promotions
From time to time we will offer promotions to our customers.
Any item purchased prior to a price reduction either delivered or pending delivery cannot be reduced.

Taxes, Duties & Import Restrictions
We have no knowledge of, and no responsibility for, the laws in your country of residence.
You are responsible for purchasing Goods, which you are lawfully able to import, and for the payment of import duties and taxes of any kind levied in your country of residence.

Goods Returned
We hope that you are happy with your purchase; however, because you are buying the Goods by mail order, you may have a right of cancellation.

If you do, these are the terms that apply: You must tell us you wish to cancel within 7 days of your receipt of the Goods;

In any event, you may not cancel orders for handmade, specially commissioned or personalized goods;

The Goods must be returned to us within 21 days of your telling us you wish to cancel:
with both goods and all packaging in their original condition;
securely wrapped to prevent damage;
including our delivery slip and completed returns form;
At your risk and cost.
After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt; if you do not return the Goods to us, you are still liable to us for the cost. Unfortunately, we cannot accept responsibility for returned items lost in the post and recommend that you get a certificate of posting.

We are under no obligation to collect or recover Goods from you, but should we agree to so, our costs will be payable by you.

Disclaimers
Our Content suppliers or we may make improvements or changes to Our Web Site, the Content, or to any of the Goods and Services, at any time and without advance notice.

You are advised that Content may include technical inaccuracies or typographical errors.
We give no warranty and make no representation, express or implied, as to:
The adequacy or appropriateness of the Goods and Services for your purpose.
the accuracy of any information given on Our Web Site;
any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
Compatibility of Our Web Site with your equipment software or telecommunications connection.
compliance with any law;
Non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.

In any claim against us our liability is limited to the value of the goods you have purchased in the contract, which is the subject of the dispute.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
Nothing in these conditions excludes or limits the liability of Garretts Furniture Company Ltd:
a) For death or personal injury caused by Garretts Furniture Company Ltd negligence; or
b) under section 2(3), Consumer Protection Act 1987; or
c) for any matter which it would be illegal for Garretts Furniture Company Ltd to exclude or attempt to exclude its liability; or
d) for fraud or fraudulent misrepresentation.
Subject to the above
i.) Garretts Furniture Company Ltd total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and
ii.) Garretts Furniture Company Ltd shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.

Content & Intellectual Property Rights
Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

You may not copy, modify, publish, transfer or reproduce, create works from, distribute, perform, or display in any way any of the Content, of this web site in whole or in part, except as agreed with Garretts Furniture Company Ltd.

You may download or copy the Content only for your own personal use.

System Security

You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site.

Contractual Limitation
Where we provide goods or services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such goods or services.

Rights of Third Parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you the customer and us Garretts Furniture Company Ltd, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.

Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Changes to legal notices
We reserve the right to change these terms & conditions from time to time and you should look through them as often as possible.


 

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