Terms and Conditions of Sale

Welcome to London Essentials.

 

These terms and conditions apply to any sales transactions conducted and website activities. Your statutory rights as the buyer are not affected by these terms and conditions.

We reserve the right to adjust any product prices, specifications and availability at any time without notification. Any revisions to this subject matter, or product details supersede all listed in previous publications or agreements.

By accessing the website and/or engaging in sales activities, you signify your agreement to adhere by these Terms & Conditions.

 

1. These Terms

1.1  These Terms and Conditions of Trading (‘Terms’) apply to all contracts between London Essentials and/or our subcontractors (‘us/we/our’) and the customer (‘you/your’) in relation to all sales of our products and services.

1.2  By accessing and using our Website you agree to the terms contained in our Privacy Policy and Cookie Policy. If you do not agree with or accept any of these terms, you should stop using the Website immediately.

1.3  Any sales order placed with us either verbally, in writing, via purchase order or electronic communication is accepted as official and is subject to our Terms & Conditions.

1.4  Any orders you place with us is not accepted until we have provided you with a written sales order confirmation (by email, post or in person).

1.5  Clause 14 (Website purchases) applies only to sales made through our Website www.londonessentials.com

1.6  Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by us is subject to correction without any liability on our part.

1.7  Any other external customer Terms & Conditions submitted in any format to London Essentials Ltd., or deemed provided as part of the sales order will not be accepted under any circumstances signed or not. ­­­­­­­­­­­­­­

1.8  We reserve the right to update these Terms from time to time by posting the updated version on our Website, at which point they will apply to any future orders made (but will not affect any existing orders). Examples of reasons for change include changes to our Products, prices, guarantee or delivery terms, changes to our business needs or supply structure, or for technical or legal reasons.

 

2. Interpretation

2.1  This Agreement is subject to the following definitions and rules of interpretation stated in this clause.

2.2  We, us, our, you and your: In these Terms & Conditions, the words you and your refer to any person accessing data via the website or electronic communication and the words we, us and our, refer to London Essentials Ltd.

2.3  Bespoke: Goods made in a fabric of your choice or subject to any form of customisation at your request.

2.4  Clearance Item: A product sold at a reduced price compared to what is advertised on our website and as a direct consequence of warehouse or showroom clearance.

2.5  Customisation: The modification of any dimensions, stitchings or cushion fillings that deviate from what is shown on our website.

2.6  Delivery Note: A document provided by us station ‘Delivery Note’

2.7  Domestic Purposes: Any use of the product at a residential home and not used in connection with running any form of business.

2.8  Good(s): Any chairs, sofas, beds, footstools, benches, cushions or related products shown on our website, including accessories, rugs and fabrics.

2.9  Product(s): This has the same definition as Good(s).

2.10 Standard Range: Any upholstered products or goods shown on our website.

2.11  Sales Receipt: A document provided by us stating ‘Sales Receipt’

2.12 Quote: A document provided by us stating ‘Quote’

2.13 Pro Forma Invoice: A document provided by us stating ‘Pro Forma Invoice’

2.14 Invoice: A document provided by us stating ‘Invoice’

2.15 UK Mainland: This covers the island of Great Britain, excluding Northern Ireland and any of the British islands geographically separated from the island of Great Britain.

 

3. Customer location

3.1  Our Website is intended primarily for use by individuals who are resident in the UK. However, we may at our discretion also accept orders from individuals who are resident outside the UK.

 

4. Products specifications

4.1  We have a policy of constant Product Development and reserve the right to amend Product Specifications without prior notice in relation to future sales.

4.2  Goods supplied might differ from those advertised or on display. Unless specifically agreed with you, the Products supplied are of equal value, appearance and functionality. If there are any substantial variations they will be highlighted on the display model.

4.3  If we experience difficulties in supplying certain Products we may need to substitute them with alternative Products of equal or better standard and value. We will email you to let you know if we intend to do this, and your order will be put on hold pending your acceptance of the change. However, an appropriate substitute Product may not always be possible. If you do not accept a substitute Product, which is materially different from the Product you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.

4.4  We try to ensure the colours of our Products are as accurately displayed as possible on the Website, however; the actual colours you see on your computing device may vary depending on the monitor you use. Clearance products may not necessarily be in perfect condition, so please check before you buy that they are of a satisfactory quality for their intended particular use. Please see our returns policy for Clearance Products.

4.5  We aim to match as accurately as possible the colour and texture of the fabric of your Products to the samples chosen, however; variations in both colour and texture may occur. By placing your order, you do not hold London Essentials or its partners liable for slight deviations in colour and texture.

4.6  Leather Products are made from natural leather and accordingly they may not be uniform in colour or texture. Only the finest hides are selected but they will show natural marks and scars on the hide. Some leathers mellow with age and exposure to sunlight and heat. By placing your order, you do not hold London Essentials or its partners liable for slight deviations in colour, marks and scars.

4.7  Other materials such as wood, metal, glass and stone may be subject to variances in appearance and any images submitted are to be used as a guide only.

4.8  We continuously develop our product portfolio, and reserve the right to amend the specification of Products without prior notice in relation to future sales.

 
5. Measurements & Dimensions

5.1  We require the measurements of all Products made by us to be as accurate as possible, but are nevertheless approximate.

5.2  All drawings supplied serve as a guide only and are not to be scaled. The indicated dimensions are subject to variation due to using natural materials, London Essentials Ltd. is therefore not held responsible for dimensions that may fluctuate both lower and higher than that noted, within reasonable tolerances.

 

6. Prices & VAT

6.1  All prices include VAT unless stated otherwise. Prices including VAT are set at the current rate and are subject to any promotional discount or offer. If you live outside of the UK, please note that prices on the Website may be different from what we charge you because of, for example, variations in your country’s VAT rate.

6.2  All prices we quote for you are valid up to 30 days from the date sent, unless otherwise indicated by us.

6.3  All prices quoted are ex-works; packaging costs shall be at the discretion of the company and may be subject to charge dependent on the type required.

6.4  London Essentials shall apply interest to any overdue accounts at a rate of 4% on a daily basis.

6.5  Due to fluctuations in global raw materials costs, we reserve the right to amend our costs outside of the 30 days valid quote period.

6.6  No VAT is charged on goods shipped directly to countries outside of the EU on the provision that London Essentials receives the correct export documentation from the shipping company within one month from the date of the balance invoice.

6.7  VAT is payable on all sales to other EU countries unless the buyer is VAT registered (subject to a valid VAT registration number being provided by the client).

 

7. Payments

7.1 For online orders we accept payment with the payment methods listed on our site. You must pay for the Products and any related delivery charges in advance of delivery of the Products. Please get in touch for additional payment options via info@londonessentials.com

7.2 By submitting an order to us through our site, you confirm that the payment details provided on your order are valid and correct.

7.3 For special quoted orders we require 50% deposit before commencing production and creation of CAD/line drawings, with the remaining 50% balance due one week before delivery. Any delay in payment will affect the delivery of your Products and London Essentials cannot be held liable for any inconvenience because of this delay.

7.4 We provide, as quickly as possible, an approximate week commencing delivery date. One week prior to this date, the full cleared balance payment of any remaining amount is due. We require full cleared balance payment one working week before original dispatch date of Goods, and will only be able to confirm your actual delivery date once we receive the balance of any remaining amount in cleared funds.

7.5 Any sales orders not paid within five working days from the outlined delivery date, may be removed from the planned calendar schedule and re-booked at a convenient time to both parties, incurring an additional booking charge of £95.00+VAT.

 

8. Delivery & Installation

8.1 Any quoted delivery date is an estimate and is not legally binding on the Seller.

8.2 Indicated delivery dates may vary should there be a delay in information, payment and approval of specification or variation to the order.

8.3 The essence of the contract shall not be time of delivery.

8.4 In the event of us being unable to supply goods subsequently to receiving an order, we shall not be liable for any incidental or consequential loss arising thereof.

8.5 It is your responsibility to ensure the goods delivered are as ordered, and that they are of satisfactory quality within the same day of delivery.

8.6 We strongly recommend you check that the description and quantity of the good(s) is correct per the delivery note. In the event of any discrepancy, you must notify us before the end of the same working day you received the goods, and before the goods are used in any way.

8.7 When you accept your delivery please be sure to sign the delivery note. We highly recommend all goods be checked upon delivery. Unfortunately writing, “unchecked” or “unexamined” is not acceptable. If the item is damaged, please keep the packaging. All claims for damage or loss must be made before the end of the same working day of the delivery.

8.8 In all events, the liability limits for any defect or fault shall not exceed the purchase price of the item.

8.9 We do not accept any liability for delays caused by circumstance beyond our control.

8.10 For easier delivery, we can manufacture the furniture for on-site assembly in case there is restricted access to your premises. However, it is vital that you provide us with this information when placing the order because later changes to the design are subject to charges.

8.11 In the event of delivery dates being delayed by the client, storage charges will be charged at a rate of 2% of the total sales order value per week after the initial 14 days planned delivery date. All quotations do not include for the storage of items on our premises.

8.12 If access to the premises is difficult and incurs additional time on site, the client will be charged accordingly.

8.13 If there are any concerns on access to the premises outside or inside, a chargeable site visit must be noted by the client to London Essentials in order to avoid incurring additional costs. The client is subject to a small charge to additional site visits or site visits required outside of Central London.

8.14 The client or a representative for the client must be present to oversee delivery and installation, and sign appropriate documentation.

8.15 Any parking restrictions must be informed to London Essentials Ltd, any costs incurred for parking fines may be charged to the client for full reimbursement.

8.16 Any attempted and failed deliveries, including cancellations made within 48hrs of the planned delivery may be charged to the client.

8.17 You, the client, must notify us of any site access restrictions that may cause a failed delivery of goods. If goods are delayed or failed for delivery due to access restrictions, or due to high level floor access not notified in writing, you will be liable to additional charges.

 

9. Returns and Refunds

We hope you are happy with your purchase, however if you are not, please note the following terms.

8.1 If you discover any product fault due to poor manufacture we will repair or replace the furniture at no cost to you. We will only replace items as  “like for like,” which means you cannot change size, fillings or fabric. This guarantee does not include normal wear and tear. Changes may be made at an additional cost, please request a quote from one of our representatives.

8.2 We reserve the right of discretion to accept/refuse the return of any Products supplied.

8.3 If returned, Products must be returned to us in an acceptable saleable condition at the buyer’s cost, and we reserve the right to reasonable deductions from the refund amount to you if there are signs of wear and/or damage to the Products.

8.4 Mattresses must be returned unused and in original packaging.

8.5 It is not possible to cancel any order for Bespoke Products either prior to or after delivery. We are not obligated to take back these Products, though may do so with the incurrence of a 30% restocking fee. This fee is entirely at our discretion.

8.6 In the event of a customer ordering different cushion fillings because of a proven allergy, these products can be returned or cancelled within 14 days of delivery and means clause 8.2 does not apply.

8.7 In the event that you order products and arrange for them to be shipped to a location outside the UK Mainland, clause 8.1 is revised to the extent explained below. You still have the right to return the products, however, it is your responsibility to arrange for the products to be shipped back to the UK Mainland. We can collect the products from any address on the UK Mainland (e.g. a relative’s house or a storage and shipping facility at your cost, unfortunately we cannot collect products directly from a vessel at a port).

8.8 Clearance Items are not subject to automatic right of return because they are sold as seen. However, your statutory rights are not affected.

 

10. Guarantees

10.1 The requirements of this clause apply as an addition to your statutory consumer rights and concerns faulty or incorrectly described Products. These rights are not affected by the guarantee.

10.2 For the purpose of this clause the guarantor is London Essentials Ltd., registered address: St. James House, 13 Kensington Square, London W8 5HD, United Kingdom.

10.3 Guarantees cannot be assigned to a third party.

10.4 All London Essentials furniture carries a 15-year frame and construction guarantee on faulty materials and faulty workmanship. Cushion coverings and fillings are guaranteed for one year from the date of delivery, exceptions include fabrics (or other items) supplied by you, at your specification, by a third party, or any Product defect caused by any unsuitability or failure of any fabric or other items supplied.

10.5 These guarantees do not cover normal wear and tear, abuse or misuse of your Products, neglect, loss or damage (including corrosion and rusting) due to unreasonable exposure to weather and water; loss or damage due to fire, explosion, smoke, lightning, sunlight, infestation by animals or insects, theft, accidental loss or damage caused by a third party.

10.6 For defective Products covered by our Guarantees, we will try to repair them free of charge. If a repair is not possible we will offer you a replacement and only if a suitable replacement is not available will we offer a refund. Refunds are processed using the same means of payment as you used to purchase the Product(s) in question. In the case of card payments, refunds are made to the original card of purchase.

10.7 We are not liable for any direct or indirect profit loss or other financial damage or loss happening due to the damaged, defective or wrongly delivered Good(s) of more than the value of the Good(s) itself. This does not affect your statutory rights.

10.8 If you wish to make a claim under our Guarantees, please contact us by phone at +44 (0) 344 257 0911 or by e-mail at info@londonessentials.com

10.9 UK law gives you certain statutory rights for repairs, exchanges or refunds of faulty products. Clause 8 does not affect these rights

 

11. Fabrics

11.1 Fabric batches might deviate. The majority of our fabrics are made from natural materials, which means there may be small variations between batches. Colour is the most common deviation, and the actual variation is often very slight or almost negligible. However, some fabrics are more susceptible to variation than others.

11.2 We guarantee to produce your order from the same batch of fabrics. However, we cannot guarantee subsequent orders will match your original order 100%.

11.3 Because of the nature of the materials used, any finishes applied to the exterior of our Products may alter the final colour and feel of the fabric.

11.4 We cannot accept responsibility for discolouration or fading caused by direct or indirect exposure to sunlight. Sunlight affects fabrics differently depending on the type of fabric, however, direct or indirect sunlight will always affect fabric colour. Darker fabrics are likely to fade and discolour more than light. Also, different fabrics, whether dark or light, are likely to discolour or fade at different rates.

11.5 Post delivery, we cannot accept responsibility for discolouration or fading due to contact or exposure with any chemicals applied directly or sprayed nearby. Please note that certain aerosol sprays like nicotine and odour neutralisers, which contain specific chemicals, can react badly with fabric dyes (these cans should alert against spraying close to upholstery without covering it first).

11.6 We recommend you dry clean all removable covers from our Products.

11.7 Clause 9 also apply to any fabric (or other material) you supply us with, or material that you specify, which are not displayed on our Website (‘Customer Own Material’). We refer to any Product that you request to be made with Customer Own Material as a ‘Customer Own Material Product’.

11.8 We may refuse to use any Customer Own Material that we consider unsuitable.

11.9 When supplying Customer Own Material, you agree to that the item(s) supplied are in all respects suitable and safe for application to the Product, including but not limited to it being compliant with the British Fire & Safety Regulations Act.

11.10 Customer Own Material will be considered the property of London Essentials when we receive them; the ownership will revert back to you when we return/deliver the items to you (whether incorporated in the Product or unused).

11.11 Where possible, the application of an inter-liner option can be applied but will be subject to extra charges.

11.12 We will not be held liable for any delays of fabric/leather order deliveries, or costs associated due to these delays.

11.13 We will not be held liable for any flaws or defects in COM (customer’s own material) or COL (customer’s own leather) provided at any stage and cannot inspect fabrics or leathers supplied by the customer or your providers. We will not be held liable for any costs or damages associated to delayed deliveries or damaged goods.

11.14 If you cancel your order for a Customer Own Material Product in accordance with our cancellation policy, we will return your Customer Own Material to you (upon request) unless we have already begun the manufacture of the Customer Own Material Product using your Customer Own Material. If you cancel your order for a Customer Own Material Product after we started the manufacturing process, we will not return the Customer Own Material to you and may dispose of it as we deem fit.

11.15. We may work on, cut and otherwise deal with and treat your Customer Own Materials as we consider appropriate for the making of the Product and (unless you place in writing with your order that left-over material should be returned to you) we may use or dispose of surplus fabric or items as we deem fit.

11.16 All fabric and leather orders are required to be paid in full at the placement of order.

 

12. Bespoke Orders

10.1 Bespoke designs must be accepted and confirmed by you in writing before production can begin, this is to avoid any misunderstandings between the parties.

10.2 We will provide you with an estimate of the time it takes to complete a particular job depending on the complexity of the design and the materials to be used.

10.3 If you provide us with an image we cannot guarantee an exact match unless it is accompanied with complete technical drawings. Client drawings produced by us for signing off will be charged at £50 per hour for any drawing revisions after three standard free revisions.

10.4 We reserve the right to modify dimensions to ensure the functionality, look and comfort of the final design.

10.5 There may occur slight differences in dimensions due to the materials within the build. If the furniture is designed to fit a specific space, please let us know when placing the order.

10.6 Once you have confirmed an order any changes are charged at £50, and changes may affect both the delivery schedule and the cost. You are completely liable for any costs due to your requested changes; London Essentials is not responsible for any costs associated with these changes.

 

13. Drawing Approval and Samples

13.1 All drawings are to be “signed off” by the client before the order can be processed and produced.

13.2 Any changes made to the quoted and agreed specification will be invoiced separately, and additional production time may be applied.

13.3 All furniture is manufactured to the signed off drawings.

13.4 By signing off drawings you are accepting the specification shown and noted, particular attention needs to be paid at this stage.

13.5 All furniture is manufactured individually using handcrafted materials, as such variations may occur. Samples may be supplied upon request once an order is confirmed.

13.6 Any additional drawings required may be subject to further charges.

13.7 Wood stain, paint and finish samples can be supplied for approval, Non-standard samples may be charged. As natural variations occur in the woods, the agreed finish is a guide only and London Essentials cannot be held responsible for variations in the final finish or colour. Any items that require items to be stripped and re-lacquered will be at the client’s expense.

13.8 All CAD line drawings submitted are a guide of the product outline only, London Essentials will not be held liable for any detail assumed from these drawings.

 

14. Indemnification

You agree to indemnify, defend and hold all of London Essentials Ltd directors, employees, information providers, licensees and licensors, officers and parent, (collectively “indemnified Parties”) harmless from and against any and all liability and costs (including without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants.

 

15. Website Purchases

15.1. The following Terms and Conditions in this clause 10 only apply to purchases made on our Website www.londonessentials.com

15.2. We strive to display as accurately as possible the colours of our Products on our Website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.

15.3. Our contract with you will not be concluded until we receive your valid payment details and accepted the order by confirmation of returned e-mail to the email address you gave us during the online payment process.

15.4. We do everything to ensure the complete accuracy of our Website. However, some details/prices may change from time to time and it is possible errors can occur. If we discover a mistake in the price of the Product(s) you ordered, we will inform you as soon as possible. If a price changes, we will offer you the option of re-confirming your order at the correct price or cancelling your order. If we cannot contact you via the contact details you provided during the order process, we may treat the order as cancelled and notify you of this by email. If an order is cancelled in accordance with this clause and you have already paid for the Products, we will provide you with the full refund as soon as possible (no later than within thirty (30) days of cancellation).

15.5. We reserve the right to refuse any order placed by you.

15.6. To the maximum extent permissible by law, we exclude all warranties, implied or expressed as to the accuracy of the information contained in any of the material on the Website. We cannot accept any liability for any specific use of the material on the site or any reliance placed upon information on the site.

15.7 Any downloaded material or material otherwise obtained through this website is done at your own risk and discretion. You are the sole responsible party for any damage to your own computer systems, as well as any data loss from the download of any materials on this site.

15.8 We operate and control the website from our offices within England. Consequently, the laws of England & Wales govern any claims related to this website, including the use of the site and its materials. If you decide to access our website from a location outside England and Wales, you do so at your own initiative and risk, and you hereby agree that should a dispute between www.londonessentials.com and you occur, the laws of England and Wales applies at all times.

 

16. Limitation of Liability

In no event will we be liable to you for any third-party claim or for any consequential, direct, incidental or special damages, including without limitation, any lost profits or lost savings, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it was foreseeable or the possibility of such damages was brought to attention.

 

17. Data Protection

London Essentials Limited is a registered data controller operating in accordance with the Data Protection Act 1998 (the Act). All personal data is processed in accordance with the Act.

 

18. Rights of Third Parties

For the purpose of Contracts (Rights of Third Parties) Act 1999, this Agreement does not and is not intended to provide any rights to enforce any of its provisions to any person who is not a party to it.

 

19. Privacy

19.1. We process information about you in accordance with our Privacy Policy. By submitting your personal information, you consent to this processing and warrant that all data provided by you is accurate to the best of your knowledge and that, if changes occur, you will inform us promptly.

19.2. The Website uses cookies. For more information about cookies please see our Cookie Policy.

 

20. Applicable Law

These Terms and Conditions of Sales are governed by and are to be construed in accordance with the laws of England and Wales.

London Essentials Limited is obliged by law to provide the following information:

The website www.londonessentials.com is operated and owned by London Essentials Limited.

 

Our address and all communications can be addressed to us at:

London Essentials Ltd

St. James House, 13 Kensington Square, London W8 5HD, United Kingdom

Registered in England No.: 1035 1419 VAT GB: 249 589 544