TERMS AND CONDITIONS
This contract shall exist between Chelsea Upholstery & Interiors Ltd and the client. The contract will include those instructions written into the contract only.
This page (and documents referred to on it) tells your the terms and conditions on which we supply to you any of our products and/or services. Please read these terms and conditions before doing business with us.
1. INFORMATION ABOUT US
1.1 www.chelseaupholstery.co.uk is a site operated by Chelsea Upholstery & Interiors Limited. We are registered in England and Wales under company number 5628633 and our registered office is at 216 New King’s Road, London, SW6 4NZ. Our workshop address is 162 Hurlingham Road, London, SW6 3NG. Our email address is firstname.lastname@example.org. Our VAT number is 872 2772 06.
2. DEFINITIONS AND INTERPRETATIONS
2.1 In this Agreement the following terms shall have the following meanings:
3.1 All quotations for work by Chelsea Upholstery & Interiors Ltd are valid for a period of 90 days from written quotation. Any quotation given by Chelsea Upholstery & Interiors Ltd is an invitation to place an order with the company only.
4. ORDERS AND PAYMENT
4.1 Lead times are valid from the acceptance of work and receipt of 50% deposit.
4.2 A binding contract arises only when a contract including these terms and conditions is agreed between and signed by the customer and Chelsea Upholstery & Interiors Ltd’s authorised representative.
The contract's specification of goods and services is provisional, being subject to placement and confirmation of subcontracts with third party suppliers and to detailed surveys of the site by Chelsea Upholstery & Interiors Ltd and subcontractors. The customer agrees to allow Chelsea Upholstery & Interiors Ltd and subcontractors full access to the site for surveys. When the surveys are complete and subcontracts placed, Chelsea Upholstery & Interiors Ltd must give the customer a confirmed contract specification.
Times or dates in the contract for delivery, installation or completion or works are estimates only and are not binding. The customer must from time to time notify Chelsea Upholstery & Interiors Ltd of progress with and completion of prior works (such as structural alterations to the customer's premises).
If asked by the customer, Chelsea Upholstery & Interiors Ltd will provide materials from third party companies, but accepts no responsibility for any defect in the specification.
4.3 A deposit of 50% will need to be taken prior to beginning production.
4.4 Full payment is due on arrival of goods. We reserve the rights to hold goods until full payment has been made.
4.5 Chelsea Upholstery & Interiors Ltd rely on the accuracy of the information that the customer provides. We are not liable for any incorrect orders resulting from wrong measurements or information given to us.
4.6 Any additional instructions must be confirmed in writing and a price agreed for the additional work and materials, before the work can proceed. Additional work, which may not be apparent when the estimate was provided, will be advised to the client on discovery, and a course of action agreed.
4.7 Chelsea Upholstery & Interiors Ltd has the right to amend the contract (for example to change specifications, times or price) where:
- Any goods or services to be provided by a third party become unavailable or become available only on changed terms
- Before completion by Underwood, the customer's premises are changed or do not conform to plans on which Underwood's quotation was based (for example, the customer's builder changes the position of a wall).
4.8 We endeavour to deliver items forming part of this contract at the specified time, our obligation however, is to deliver on time providing that the materials to complete the work are available at the time the work is to be undertaken. We will keep you, the client, informed at all times of supply problems, or other factors, which can affect delivery times.
4.9 Chelsea Upholstery & Interiors Ltd reserve the right to cancel orders up until full payment has been made.
4.10 Any disputes arising between the buyer and Chelsea Upholstery & Interiors Ltd under these terms and conditions shall be determined under English law.
5. DELIVERY AND INSTALLATION
5.1 Delivery and installation will be carried out if quoted and required. Chelsea Upholstery & Interiors Ltd will not be held responsible for any damages out of our control. Chelsea Upholstery & Interiors Ltd will be be released from any liability to the client if performance of the agreement is delayed or prevented by any cause whatsoever beyond our control. We reserve the right to delay delivery and installation if Underwood believes the site is or will not be ready in time to for fitting to start.
5.2 Chelsea Upholstery & Interiors Ltd cannot be held responsible for any loss arising from delays.
5.3 The client agrees to allow Chelsea Upholstery & Interiors Ltd and its sub-contractors full access to the installation address for delivery and / or installation.
6. VARIATIONS AND TOLERANCES
6.1 The client understands that some of the materials that Chelsea Upholstery & Interiors Ltd use are natural materials and so are subject to variations in colour, texture and appearance. No guarantee is given that the items supplied to the customer will be exactly the same as those displayed in showrooms, illustrations or samples. Occasionally Underwood may vary details of the design or manufacture of items, which may result in the items supplied differing slightly from showroom displays, illustrations or samples.
6.2 Chelsea Upholstery & Interiors Ltd guarantees all goods for twelve months from the date of completion. All goods must be inspected by the buyer upon delivery and any defects must be reported immediately.
TERMS AND CONDITIONS FOR USE OF WEBSITE
This agreement applies as between you, the User of this Website and Chelsea Upholstery & Interiors Ltd, the owner of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should not continue to use the website.
3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. INTELLECTUAL PROPERTY
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Chelsea Upholstery & Interiors Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Chelsea Upholstery & Interiors Ltd.
5. THIRD PARTY INTELLECTUAL PROPERTY
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. FAIR USE OF INTELLECTUAL PROPERTY
6.1 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. LINKS TO OTHER WEBSITES
7.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Chelsea Upholstery & Interiors Ltd or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. LINKS TO THIS WEBSITE
8.1 Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.chelseaupholstery.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Chelsea Upholstery & Interiors Ltd.
9. LIMITATION OF LIABILITY
9.1To the maximum extent permitted by law, Chelsea Upholstery & Interiors Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
9.2 Nothing in these terms and conditions excludes or restricts Chelsea Upholstery & Interiors Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Chelsea Upholstery & Interiors Ltd.
9.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
11.1 Chelsea Upholstery & Interiors Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
11.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.3 No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only.
11.4 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Chelsea Upholstery & Interiors Ltd correspond to the actual products and / or services, Chelsea Upholstery & Interiors Ltd is not responsible for any variations from these descriptions.
11.5 Chelsea Upholstery & Interiors Ltd does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
11.6 Whilst Chelsea Upholstery & Interiors Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12. AVAILABILITY OF THE WEBSITE AND MODIFICATIONS
12.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 Chelsea Upholstery & Interiors Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 Chelsea Upholstery & Interiors Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. NO WAIVER
13.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. PREVIOUS TERMS AND CONDITIONS
14.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. THIRD PARTY RIGHTS
15.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Chelsea Upholstery & Interiors Ltd.
16.1All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2Chelsea Upholstery & Interiors Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please send an email entitled “unsubscribe” to firstname.lastname@example.org.
17. LAW AND JURISDICTION
These terms and conditions and the relationship between you and Chelsea Upholstery & Interiors Ltd shall be governed by and construed in accordance with the Law of England and Wales and Chelsea Upholstery & Interiors Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
1.2 For the purpose of the Data Protection Act 1998 (Act), the data controller is Chelsea Upholstery & Interiors Ltd, 216 New King’s Road, London, SW6 4NZ.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1 We may collect and process the following data about you:
- Information that you provide by filling in forms on our site www.chelseaupholstery.co.uk. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site and the resources that you access.
3. IP ADDRESSES AND COOKIES
3.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
3.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern,
- To store information about your preferences, and so allow us to customise our site according to your individual interests,
- To speed up your searches,
- To recognise you when you return to our site.
4. WHERE WE STORE YOUR PERSONAL DATA
4.2 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.
4.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5. USES MADE OF THE INFORMATION
5.1 We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
6. DISCLOSURE OF YOUR INFORMATION
6.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
6.2 We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; or
- if Chelsea Upholstery & Interiors Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or
- to protect the rights, property, or safety of Chelsea Upholstery & Interiors Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7. YOUR RIGHTS
7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by selecting the "unsubscribe" button on any marketing materials which you receive.
7.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8. ACCESS TO INFORMATION
8.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.