Commware Interiors Terms & Conditions of Trade

Please ensure you read our trading terms and fully understand them as they contain Legal terms and conditions that we deem you to have read, understood and agreed to them prior to placing your order with us. We may update these terms and conditions at any time without prior notice.

Correspondence address: Commware Interiors, Croskells Farm, Denny Beck, Lancaster, LA2 9HG, United Kingdom.

1. Definitions
In clarification of these terms & conditions, the following words have the following meanings:

1.1 The seller shall mean Commware Interiors. (Sole Trader (N Cullingford) trading as Commware Interiors).
1.2 The Customer shall mean any individual, individuals, partnership or company to whom Commware Interiors sells goods or services to.

 

2. Application
The seller's terms & conditions only apply to the sale of goods & services to the customer.

 

3. Orders & Delivery
3.1 A contract between the seller and the Customer for the sale will only exist once the order has been accepted, processed and dispatched.
3.2 Stock items are dispatched from various warehouse locations depending upon the product. Delivery lead times for stock items is between 2 to 28 days. However for non-stock items (i.e. bespoke, made to order)/items that are out of stock, production lead times can be up to 12 weeks.
3.3 Whilst we try to be as accurate as possible with delivery estimates they may be subject to change for reasons out of our control. We will pass on this information to you when it is known and ask our Customers to be patient if an unforeseen delay occurs. The Customer must pay for the goods and any carriage costs in full upon order placement.
3.4 Delivery charges vary depending on the type of products ordered and the service you select and cannot be refunded.
3.5 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.
3.6 If for any reason the customer fails to accept delivery of any of the goods when they are delivered we will bring the goods back and charge between £10.00 - £200.00 for each failed delivery depending upon the item(s) ordered.
3.7 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.
3.8 We may deliver the goods in instalments at our discretion if the goods are not available at the same time for delivery.
3.7 The seller does not accept any responsibility for damaged items once they have been accepted. Items signed as “unchecked” is NOT acceptable.
3.8 We have carefully chosen Courier companies to deliver the items that you order to you. We will instruct the Carrier to 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.
3.8 Please check all items on delivery, as refunds, exchanges or repairs can only be made if a breakage or damage is spotted upon delivery. Before signing for your item check your items throughly the before signing, even if the boxes appear to be in perfect condition. If the items are not in perfect condtion please do not accept them and contact us for a relacement 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 on: 0845 388 1023 or via email: info@commware-int.com

 

4. Delivery - Cancellation/Claims/Shortages/Storage
4.1 No responsibility for late or cancelled deliveries owing to circumstances beyond the seller's control shall be accepted & the seller shall in no circumstances be liable for any loss or damage arising from delay however caused.
4.2 Risk shall pass to the customer on any item on delivery to the outside of the premises at the agreed delivery location.
4.3 A customer shall be required to sign a delivery note on delivery from the applicable carrier firm in acknowledgement of the receipt of goods.
4.4 Claims for shortages or damage must be recorded by the customer at the time of delivery as detailed in clause 3.8 above.
4.5 We are not in a position to store furniture and a storage charge will be incurred. The goods become the responsibility of the carrier after dispatch.

 

5. Returned Goods/Cancellations/Refunds
5.1 We want you to be completely delighted with your purchases and if the goods you have chosen do not meet your approval and not because of any product fault, you must inform us of this within seven (7) days and return them within seven (7) days of receiving your goods or of your intent to cancel your order (this excludes our custom made and made to order products - returns are not accepted for these items. If custom made and made to order products are found to be faulty upon receipt of delivery, we may offer to repair, replace or refund the item as appropriate at our discretion). After this time period we are under no legal obligation to accept the return of your item(s), as stated in The Consumer Protection (Distance Selling) Regulations Act 2000.
5.2 To cancel your order, you must inform us in writing, by post to: Commware Interiors, Croskells Farm, Denny Beck, Lancaster, LA2 9HG or by email to: info@commware-int.com. You must also return the product(s) to us straight away, in a new and unused condition and in the original packaging and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. You must return the product within 7 days of receipt and we will be happy to credit your account with the paid amount less postage/courier charges. Please return the item(s) unused in perfect condition and in their original packaging.
5.3 All returns must have a returns note put in the package you are returning. To obtain this note and relevant return address details, please email us at info@commware-int.com giving a brief reason for the return and quoting your order reference number. You will receive the returns note by email. We cannot accept responsibity for returns unless the relevant note is included in your package - failure in including the returns note could delay your return being processed and may also slow down your refund. Refunds: Once we have received, checked and processed your returned item - we will aim to refund you within 28 working days. If you do not return the goods to us, you are still liable to us for the cost. We advise all returns are sent by a traceable method such as recorded delivery. You are responsible for any insurance and costs for returning the goods to the relevant despatch office. We recommend obtaining proof of postage for items being returned as no refund will be given for items lost in transit back to us.
5.4 Please note that we cannot use our own courier to collect unwanted goods nor issue SAEs.
5.5 We do not accept cancellations/returns for: bespoke, handmade, made to order or specially commissioned items.
5.6 All our furniture is hand made and as such some pieces may vary in colour. Every effort is made to avoid this.
We will not refund furniture simply because its does not match, suit or fit or because they are unsuitable to the position the customer envisaged. 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. It is your responsibility to ensure that furniture will pass freely through the doorways, restricted passageways, stairs and awkward corners or turns. prior to order placement. 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.
5.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.

 

6. Prices
6.1 All prices are subject to alteration without notice.
6.2 Prices quoted on the seller’s website are excluding carriage.
6.3 Unless stated, the seller's price is nett & no deduction for early settlement or counterclaim may be made.

 

7. Payment
7.1 In the case of all customers, full payment must be made upon order placement. Funds must be cleared before delivery of any goods.
7.2 The seller offers no credit facility & payment must be either credit card, Paypal, cheque or Internet Banking.

9. Ownership & Title
9.1 The goods, which the seller supplies, will remain fully with the seller until the full purchase price has been honored.
9.2 After any default in payment the seller shall be entitled to repossess any goods in which the ownership remains with the seller.
9.3 Until payment is fully honored, the customer shall take proper care of such goods & keep them identifiable as the seller's property.
9.4 If before payment the customer sells the goods, the seller shall be entitled absolutely to the proceeds of the sale even though the proceeds exceed the sale price of the goods to the customer.
9.5 The rights accruing to the seller pursuant to Clause 7.1 shall be binding to any customer, liquidator, receiver, administrator, receiver, supervisor, or nominee appointed in respect of the customer’s estate (notwithstanding the prior termination of these conditions for any reason) & the seller's possession of the goods shall be subject to these rights.
9.6 Even where goods are attached by customers to building or plant, the goods shall remain as chattels of the seller & be severable from buildings & plant.

10. Export
10.1 The nett price of goods is ex-warehouse & remain the responsibility of the customer after dispatch from the warehouse premises.
10.2 The customer shall be responsible for ensuring that any regulations relating to the importation of goods into the country in question are complied with.
10.3 Any costs related to the importation are the customer's responsibility.
10.4 Where goods are delivered by the seller to a customer's agent in the UK, goods must be inspected by that agent & acknowledged to be in good condition.
10.5 Unless otherwise agreed between the seller & the customer, all payments by the customer shall be paid in sterling by means of a bankers draft or telegraphic transfer.
10.6 The customer shall be responsible for all banking charges incurred.
10.7 The seller requires the payment of all amounts due to be made prior to goods dispatch.

11. Customer Fabrics & Images/Artwort
11.1 In the case of a customer who supplies the fabric to the seller, it shall be the customer's responsibility for ensuring that the material meets all relevant safety regulations & the chosen fabric is suitable for the intended use.
11.2 The seller shall not be responsible for any delay as a result of any changes in the specification of the material caused by a customer.
11.3 If a customer supplies their own images or artwork for print reproduction, the seller accepts no liability for reproduction permisssion licences. The seller assumes that the customer owns the rights to or has relevant permissions to reproduce the artwork/images provided. 

12. Liability of the seller
If the goods appear to be defective after purchase the seller undertakes as an option to replace the goods or refund to the customer the price of the goods but is not obligated to do so. If goods leave the warehouse uninspected with the permission of the customer, the seller is not obligated to replace or refund monies on the goods if they prove to be defective. Save only in is not obligated to change or refund monies to the customer if the aforementioned respect of personal injury or death due to negligence of the seller, any other type of liability of the seller under the contract or other wise in respect of the goods shall be limited to the amount of the price of the relevant goods.

13. Miscellaneous
Goods manufactured from wood must be treated with respect according to accepted practice. The seller will review responsibility for problems with materials or workmanship only if:
13.1 Recommendations by the seller to the customer i.e. with regard to atmospheric conditions (central heating, air conditioning, humidity, extremes of temperature) - any of the aforementioned may cause shrinkage &/or splitting. In this case the seller conditions are not considered.
13.2 No attempt has been made by a customer to rectify, alter or dismantle the goods in any way.
13.3 Goods have been subject to normal wear & tear.

14. Errors & Omissions
We are not responsible for pricing errors or errors in product descriptions. Pricing & specials are constantly changing & we reserve the right to cancel sales if a pricing error or not updated price increase was discovered.

Website Terms & Conditions

None of the material on this website may be published, broadcast, re-written or re-distributed in any form without the expressed written permission of Commware Interiors or the copyright holder of the material.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

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Trademarks

The trademarks, service marks, trade names, logos and other indications of origin displayed in this website ("Trademarks") are owned by Commware Interiors or a third party who has granted Commware Interiors a right to use them in this website. Nothing contained herein should be construed as granting the browser or user of this website the right to use any Trademark displayed in this site without the written permission of the owner of the Trademark.

Disclaimer

By using this website you agree that:

• If you are dissatisfied with any portion of the Commware Interiors Web Site, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using this website,
• You will be bound by these Rules of Use. Commware Interiors reserves the right to revise the Rules of Use at any time, without notice, and you hereby agree to be bound by such changes. The permission granted herein by Commware Interiors may be terminated at any time without cause or notice,
• You may not, without express permission from Commware Interiors, take any pages from this Web Site and reformat and display them. You also may not mirror any pages on your website,
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Commware Interiors are not responsible for the content of, nor aware of all sites that are linked to this website. The fact that another website is linked to this website does not imply that:

• Commware Interiors sponsors, licenses, endorses, is affiliated with or is otherwise connected to the site, the products or services described therein or its owner,
• Commware Interiors have authorised the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of Commware Interiors.

In general, Commware Interiors believe that persons who make information available on the World Wide Web or in newsgroups do so with the expectation that such information will be publicly and widely available. Commware Interiors further believes that its making newsgroup postings and links to publicly accessible Web pages available at this site is legally permissible and consistent with the common, customary expectations of those who make use of the Web and Usenet communications media.

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We catalogue traffic patterns throughout the site, including identifying browser and system data. We gather this data to optimise site conditions for our users. This data, with no personal information, may also be provided to advertisers and potential advertisers so they may better evaluate their advertising options.

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License Disclaimer

Nothing on any Commware Interiors document shall be construed as conferring any license under any of Commware Interiors or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.

Content and Liability Disclaimer

Commware Interiors shall not be responsible for any errors or omissions contained at this website and reserves the right to make changes without notice. Accordingly, Commware Interiors and third party information is provided "AS IS". Commware Interiors disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

In no event shall Commware Interiors be liable for any damages whatsoever, and in particular Commware Interiors shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to Commware Interiors website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.