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The following terms and conditions apply to all purchases of products made from Tobias Oliver Interiors.
Your attention is particularly drawn to paragraphs (xv) and (xvi) below.
These terms and conditions may be changed at any time without the need to let you know. It is therefore your responsibility to check them every time you wish to order products.
These terms and conditions and the purchase by you of any products from us shall be governed in all respects (including formation and interpretation) by English Law and any dispute arising under or in connection with the foregoing shall be determined through the English Courts.
No order for products shall be binding upon us unless and until accepted by us in writing. Once an order has been sent through from the website, it will be confirmed once we have checked availability in the warehouse. We reserve the right to decline any order placed with us at our discretion.
(ii) availability of products
All products are subject to availability and may be withdrawn at any time. If for any reason the products ordered are not available you will be offered an alternative or given a full refund. We will not be held responsible for compensating you for any losses you may suffer if we are unable to supply the requested products.
(iii) description of products
We take care to ensure that details, descriptions and prices within our website are correct but errors may occur and we reserve the right to alter the same at any time. We also reserve the right to change the specification of the products we sell.
(iv) suitability of products for purpose or use
Our website gives a general indication of the suitability of our products for particular applications such as “suitable for curtains” or “suitable for upholstery” etc. These suitability indications should be considered as a guide only. It is your responsibility to make sure the products you order are fit for purpose. This should entail discussing with your maker / manufacturer as such. You can request and pay for samples via the website to be sent to your maker if required.
It is highly recommended that you discuss with your maker / manufacturer the quantity of product that you will need to order. You will need to pass to them the details of the product you wish to order including width repeat and composition so they can calculate the quantity you should order.
All prices quoted are in pounds sterling and include all taxes at current rates. Prices are subject to change at any time before we accept an order from you. Delivery where applicable will be charged separately (see Delivery and Returns page).
All payments processed via the Tobias Oliver Interiors Ltd. website are processed through SquareUp. Their encrypted servers ensure your card and other personal details cannot be accessed by any third party. We do not retain your card details ourselves, although we do collect your personal information through the ordering process and in order to facilitate delivery. We will never pass on your personal information to any third party. All retail sales are supplied with a full invoice giving a description of the products purchased, the price paid and delivery charges.
(viii) your right to cancel or end the contract with us
You can always end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
We will contact you with an estimated delivery date; this may be delayed by an event of force majeure – please see paragraph (xi) below for our responsibilities when this happens. Delivery will be completed when we deliver the products to the address you gave us at the time of ordering. Please ensure someone is available at the address to receive the products at the agreed time, but if no one is available you will be left a note that the products can be redelivered at a time to suit you, or collected from a UPS collection point. If for any reason the delivery date is delayed by you for more than a month, we may demand (and send an invoice for) full payment of any storage and insurance costs and any other sums arising from the delayed delivery.
(x) risk and title
You will own the products once we have received payment in full for them and the products will be your responsibility once delivered safely to the address you provide to us.
(xi) force majeure
Notwithstanding anything set out in these terms and conditions, we will not be liable for any failure or delay in performance of our obligations if it is due to an event beyond our reasonable control, including, without limitation, acts of God, war, industrial dispute, fire, flood, tempest or national emergencies. If so, delayed we will be entitled to a reasonable extension of time for performing our obligations. Any dates we specify for the delivery of the products are only approximate and we shall not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the products.
(xii) entire agreement
These terms and conditions constitute the entire and only agreement between us. Other than information on our website and information supplied with our products you acknowledge that you have not relied on any statement, warranty or representation given in relation to our products (whether given by us or a third party). Please note that nothing in the previous sentence shall purport to exclude liability for fraud or deliberate concealment.
(xiii) personal injury
Except where we, or any third-party supplier engaged by us, are negligent we accept no liability for injury or damage caused by the improper use of any products.
We only supply the products for domestic and private use. You agree not to use the products for any commercial, business or resale purposes and accept that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. The exclusions and limitations set out in these terms and conditions do not affect (and are subject to) those of your statutory rights as a consumer which cannot be excluded by Law. For example, under current legislation, liability for fraud or injury/damage caused by our negligence cannot be excluded. We will not be liable for any damage arising out of defective, damaged or wrongly delivered products, over and above the value of the products themselves.
(xv) third party rights
Only you and we shall be entitled to enforce these website terms. No third party shall be entitled to enforce any of these website terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
(xvi) customer care/complaints
If you have any queries regarding your purchase of products from the Tobias Oliver Interiors website you can contact firstname.lastname@example.org. We will endeavour to answer all concerns within 24 hours or on the next following business day.