TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. Defined Terms
“Seller” means Emerge NE Ltd, unit 1-3 Derwentside business centre, Consett, DH8 6BP
“Terms” means these terms and conditions of sale.
“Products” means any products listed in this catalogue for which the Buyer places an order which is accepted by the Seller.
“Buyer” means the firm, company or organisation with whom the contact is made via the website by the Seller.
These Terms govern the sale by the Seller to the Buyer of Products for which the Buyer places an order that is accepted by the Seller. Note that the Seller’s catalogues and websites are intended for business users only, and the Seller reserves the right to refuse service and cancel orders to non-business customers. No other terms and conditions shall apply. The Buyer’s acceptance of the Products shall be deemed to constitute acceptance of these Terms.
The Buyer can order anytime at www.emerge-shop.co.uk or by phone on 01207 610336. The Seller’s lines are open Monday to Friday 8.30am to 5.30pm. Although the Seller aims to process all orders same day, if the Buyer orders after 5.00pm or at the weekend please assume that delivery will be as if the order had been placed the next working day.
By placing an order, the Buyer warrants that the Buyer is a business user. All orders placed by the Buyer are subject to acceptance by the Seller. The Seller reserves the right to revise prices, limit quantities, correct errors in its catalogue and refuse orders at its discretion including, without limitation, orders from distributors, dealers and warehouse stores, or orders in a size that are unlikely to be for business purposes.
If an error is discovered in the price of the goods that the Buyer has ordered, the Seller will inform the Buyer as soon as possible. In the event that the Buyer orders an item and the price published on the Site is incorrect for any reason, the Seller will contact the Buyer upon discovery of the error to let the Buyer know the correct price and ask the Buyer whether they still wish the Seller to fulfil the order at this price. The Seller shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. Should the Seller have fulfilled the order before discovering the error, the Seller reserves the right to take back the goods and refund the Buyer the purchase price or charge the Buyer the correct amount.
Except as may otherwise be permitted by applicable law, the Buyer may not cancel an order which The Seller has accepted without the agreement in writing of the Seller, which requirement may be waived by the Seller from time to time in its sole discretion. Prices are exclusive of VAT at 20% (subject to government alterations). Ownership and title remain with the Seller until full payment for products has been received.
Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery. The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods.
Note that oversized or bulky items may require additional delivery time and some products are delivered to customers directly by the manufacturer and some manufacturers are unable to deliver outside of the UK mainland; the Seller shall endeavour to inform the Buyer of extended delivery times at the time the Buyer places the order. In any case, the Seller shall not be liable for any cost or damage caused by late or non-delivery of the Products. Any delay in delivery of the Products shall not give the Buyer a right to reject the Products or cancel the order. the Seller reserves the right to deliver the Products in instalments.
Delivery times are between 8.00 am and 6.00 pm. The Seller cannot specify an exact time for the delivery. The delivery driver needs to obtain a signature for all parcels. If the Buyer is unavailable to accept delivery, the order may be left with a neighbour if they are willing to sign for it.
Delivery is generally free for orders over £50 (excluding VAT) and £5.95 for orders under £50 (excluding VAT). However orders for Copier paper only or postage stamps only will incur a £5.95 charge, in some circumstances (for example because the delivery address is particularly remote, or where the Product ordered is a safe or furniture and access is difficult) a higher delivery charge may be applicable. We will usually inform you of the delivery charges at the time of your order but, if these cannot reasonably be calculated in advance, we will notify you of the delivery charges by email afterwards and give you an opportunity to confirm whether or not you want to proceed with your order.
Timescales for furniture deliveries are usually between 3 and 5 working days, although certain ranges may take up to 8 weeks. Unfortunately, the Seller is unable to deliver furniture outside of the UK mainland. Please note that delivery days quoted are working days, and for some areas of Northern Scotland, the Scottish Highlands and the South-West delivery could take longer. Also, additional carriage costs may apply to these areas. For further information on carriage costs or delivery timescales, please contact Customer Services on 01207 610336. Information regarding assembly services can be found on individual furniture ranges. Please note the use of an electric screwdriver for the assembly of chairs will void the guarantee.
Unless the Buyer is a Credit Account Holder, the Buyer must pay for the Products at the time the Buyer places the order. If the Buyer is an account holder, please be aware that under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, the Seller is entitled to levy interest and a late payment compensation fee on overdue debts. Credit accounts are not available for first time orders. If paying by credit card on an order and the Buyer requires the goods to be delivered to an alternate address other than that which the Buyer’s credit card is registered to, the Seller may need to verify the details before the order can be processed. The Seller reserves the right, by giving the Buyer notice at the time the Buyer places the order, to increase the price of the Products to reflect any increase in the cost to the Seller which is due to any factor beyond its control.
6. Return of Unwanted Products
The Buyer may return unwanted items within a 7-day period of the date the order was placed for a full credit of the price paid for Products. Costs incurred by the Buyer for postage or carriage to return the Products may be refunded at the Seller’s discretion.
All unwanted goods for return must be in a re-saleable condition i.e. unused, complete, and in as new condition and in their original and unmarked packaging (not resealed with brown tape). Once the goods have been received back into the Seller’s warehouse and their condition checked, the Buyer will receive the credit, either in the form of a credit note or direct to the Buyer’s credit card, if that was how the Buyer purchased the goods originally. If they are not in a suitable condition, the Seller reserves the right not to issue a credit.
Products such as laptops, selected business machines and software are excluded from our standard returns policy. Food and drink, made-to-order and personalised items are also non-returnable at any time.
7. Damaged, Missing or Faulty Items
If any items are damaged or missing from an order, the Buyer must contact us within 24 hours of delivery on 01207 610336. The Seller will the investigate your claim and if acceptable, either
- a) Directly replace the item, or
- b) Issue a credit and make arrangements for the return of the products.
- c) Where a credit is issued it will be for the full price paid for the Products plus any cost incurred by the Buyer for postage or carriage to return the Products.
All products purchased through the Seller benefit from the manufacturer’s warranty or guarantee, if any. Legally, this clause only applies to business customers. Please note that the use of an electric screwdriver for the assembly of chairs will void your guarantee.
Nothing in these Terms shall exclude or limit the Seller’s liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that the same may not be excluded or limited as a matter of law. Without prejudice to the previous sentence, the Seller shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of the Seller, its breach or non-performance or any of its obligations under these Terms or otherwise. These Terms set out the full extent of the Seller’s obligations and liabilities in respect of the sale of the Products. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on the Seller except as specifically stated in these Terms. Any condition, warranty or other term concerning the sale of the Products, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. If you are a consumer the exclusion of terms implied by law will not apply to you.
The Seller shall not be liable to the Buyer for any loss or damage which the Buyer might suffer arising from the Seller delay in fulfilling or failure to fulfil any of its obligations under these Terms to the extent that such delay or failure is caused by any circumstance beyond the Seller’s reasonable control. If due to such circumstances or events the Seller has insufficient stocks to meet all its orders, the Seller may apportion available stocks between its customers at its sole discretion. These Terms and any terms appearing on any order form to which these Terms apply constitute the entire agreement between the Buyer and the Seller relating to the Products. The failure of the Seller or the Buyer to enforce any of these Terms does not constitute a waiver of that term and shall in no way affect the right later to enforce the term. The invalidity or unenforceability of any clause of these Terms shall not adversely affect the validity or enforceability of the remaining provisions. No amendment, variation or addition to these Terms shall be binding unless agreed to in writing by an authorised representative of the Seller. The Seller may transfer any contract with the Buyer concluded on these Terms or any of its rights or obligations under any such contract. These Terms will be construed in accordance with the laws of England and any disputes shall be settled by the English courts.