TERMS AND CONDITIONS
When you place an order or make a request for products and services from Gerard Lewis Designs you are deemed to have unreservedly agreed to the following terms and conditions. Please read them carefully.
1. PRODUCT INFORMATION
1.1 For trade customers prices are quoted in British pounds sterling and are exclusive of UK Value Added Tax and delivery charges. In the unlikely event that the price quoted is wrong we reserve the right to make price adjustments. A purchase contract is not formed until the price has been checked by Gerard Lewis Designs. If it becomes apparent that a price adjustment is required, we will notify you before arranging delivery of your product. Should the correct cost be higher than the quoted price we will advise you of the true cost before accepting your order. We will not process your order unless you confirm your order at the higher price.
1.2 We make every effort to ensure that descriptions and measurements are accurate however most of our furniture is created from natural products including wood, fabric and leather and for this reason it is not possible to guarantee that items will have exactly the same colour, grain, texture or finish as those depicted on any photograph of our products. Similarly, products ordered from the same range but at different times are not guaranteed to be an exact match. If purchasing from the web site you should be aware that due to the constraints of digital reproduction on different web browsers, we cannot guarantee that the colour, grain, texture or finish of the product on screen will be identical to the product you purchase.
2.1 Once you have selected your product(s) and sent via post or e-mail a written order specifying the products you require you will be sent via email or by post a confirmation of order. Your order represents an offer by you to purchase goods from us and it is your responsibility to check the confirmatory email and notify us immediately by telephone or email of any errors. We will always respond by telephone or email to any queries you raise.
2.2 You must provide true, accurate, current and complete personal information when ordering and should not impersonate another person or entity. You should not use any false name or any name that you are not authorised to use. If a deposit is requested by Gerard Lewis Designs we will not process your order or be liable for any delay or non-delivery of product(s) if payment of the deposit is not forthcoming.
3.1 You will be notified of the delivery costs at the order confirmation stage.
3.2 We will endeavour but do not guarantee to deliver all products from our standard range to destinations inside the UK mainland within 30 working days of your order. In the event that we are unable to comply with this time estimate we will notify you and identify another delivery date. Please note it may not be possible for us to deliver to some locations. Should delivery time be delayed for any reason we do not accept liability for any consequential loss.
3.3 Bespoke items of furniture are not subject to the same delivery time estimates as items ordered from our standard range.
3.4 Orders destined for remote areas and or a country outside the UK mainland are subject to different terms and conditions and must be negotiated on an individual basis. For further information and details of transportation costs please email or telephone us with your query before placing your order. Delivery times to remote areas may be extended. Items delivered overseas may be subject to import duties and taxes. Such taxes will be payable when the products reach their destination. The liability for payment of such customs duties rests solely with you and Gerard Lewis Designs has no control or liability for them.
3.5 Before we deliver your product(s) we will contact you to arrange a mutually convenient delivery time and date. Most deliveries are made by our driver who may require assistance to unload your product(s) from the delivery van. This will be confirmed when we arrange the delivery date. If you are not able to assist our driver we can send another member of staff but this will incur an additional cost.
3.6 In the event that we instruct a carrier service to deliver your product(s) we will notify you. Please be aware that from the moment a carrier attempts to deliver your product(s) you become fully responsible for them and you must accept your product(s) when they are ready to be delivered.
3.7 In the event that you do not comply with our attempts to deliver your product(s) you may incur additional charges to cover storage, shipping and insurance of your product(s).
3.8 We will deliver your product(s) to your main entrance unless an alternative entrance has been identified and agreed with us prior to the delivery date. Please check the dimensions of your premises against the dimensions of your purchase(s). Gerard Lewis Designs will not accept liability for any damage caused to your products, your premises and or your property as a consequence of delivering to a location where access is restricted.
3.9 Please note that for an additional cost we can construct your product(s) on site but this must be arranged and paid for prior to delivery.
3.10 Normally deliveries do not include unpacking, assembly or installation.
3.11 In the event that a carrier has been employed to deliver your goods and the packaging appears damaged at the time of delivery or it appears the product(s) have been opened in transit, please examine the contents whilst in the presence of the delivery driver.
3.12 In all circumstances, when your product(s) are delivered, you will be asked to provide a signature confirming that you have received your products and you are satisfied with them.
4. REFUNDS AND RETURNS
Products from our standard range
4.1 Gerard Lewis Designs has no liability for items ordered that you no longer require. Once your order has been processed you are liable to purchase the item(s).
4.2 We make every effort to ensure that your product(s) are in perfect order and quality checked before dispatch. If a product is found to be faulty we will replace it but only if you have complied with the following procedure.
4.2.1 Inspect your purchases immediately upon receipt as no claim for replacement can be made after 2 days.
4.2.2 Any claim regarding an item(s) defect must be made initially by telephone or email and followed by a written claim.
4.2.3 In all cases the product(s) must be adequately packed and prepared for collection in the original packaging.
4.4 Some items may be regarded by Gerard Lewis Designs as large or fragile in which event we reserve the right to nominate a specialist furniture handler for return transit. You are liable for the full cost of the specialist furniture handler and a transportation charge will be added for each occasion that you accept a return collection date but then fail to ensure that your product(s) are available for collection on the agreed date.
4.5 Once product(s) have been returned to us we will refund the cost of your product(s) but will deduct any cost of delivery or collection if collected by Gerard Lewis Designs. The refund will be provided within 30 days of receipt of your product(s).
4.6 If you fail to notify of us of your wish to return a product within the above specified 48 hours we reserve the right to issue a credit note instead of a refund. Refunds and or exchanges will only be given where the item(s) are faulty and if they have not been installed.
5. BESPOKE ITEMS
5.1 We are able to produce bespoke items of furniture and fixed units. Once you have notified us that you would like to purchase a bespoke item of furniture we will contact you to discuss product specifications. We may have to contact you on several occasions to ensure that we understand the precise details of your request. We aim to notify you in writing within fourteen days with a final draft clarifying your product specifications and the total cost of your item(s) but we accept no liability for consequential loss if for any reason we are unable to comply with this expectation.
5.2 Prices are quoted in British pounds sterling and are exclusive of UK Value Added Tax and delivery charges. A purchase contract is not formed until you receive notification of the cost of the item accompanied by clarification of your product specifications; we will not begin to manufacture your product unless you authorise us to do so on these terms. A deposit of 50% of the total cost of the item specified will be required before we start to manufacturer your bespoke item of furniture. It is your responsibility to inform us if there is any error or oversight in the specifications we send so please check these carefully. We do not accept liability for producing a product that fails to meet your requirements if the error or oversight was reasonably foreseeable at the time you confirmed your order.
5.3 As with our standard range, we will deliver your product(s) to your main entrance unless an alternative entrance has been identified and agreed with us prior to the delivery date. Please check the dimensions of your premises against the dimensions of your purchase(s). Gerard Lewis Designs will not accept liability for any damage caused to your products, your premises and or your property as a consequence of delivering to a location where access is restricted. Bespoke items that do not fit properly, or at all, cannot be returned.
5.4 Please note that we will not be able to change the order, make a refund or exchange any item that has been entered into production as per your specification. Bespoke items cannot be returned and we do not issue credit notes if for any reason you no longer want the product you agreed to purchase. Once we have begun to produce your bespoke item you are liable in all circumstances for the full cost of the item(s).
6.1 Gerard Lewis Designs will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable by either party when the contract for sale was formed.
6.2 If the product(s) are not what you ordered, are damaged or defective, or the delivery is of an incorrect quantity, we shall have no liability whatsoever unless you notify us of the problem within 2 working days of product delivery.
6.3 We shall not be liable for any defects in the goods caused by any act, neglect or default by you or any third party.
6.4 We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question less the cost of delivery.
6.5 We reserve the right at any time to partially or totally modify or withdraw temporarily or permanently the products and services offered via our website or those listed on price lists and shown in our brochure. Gerard Lewis Designs will meet all obligations concerning prior received offers to purchase our product(s) and you shall be deemed to have confirmed that Gerard Lewis Designs shall not be liable to you or any third party from such modification or withdrawal of services. Your continued use of the website or brochure information following any such changes shall be deemed to be your acceptance of the change.
6.6 When you purchase our products you agree to fully indemnify Gerard Lewis Designs and ensure that we are not held liable for any claims for damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of our website or brochure information, or the use by any other person accessing our website using your shopping account or personal information.
The company will not be liable for; Defects in the goods caused by fair wear and tear, abnormal conditions of storage or use or the application of any treatment or process whatsoever to the goods after delivery or any act, neglect or default of the customer or third party.
The company’s only obligation shall be to make good any shortage or non-delivery and/or to replace or repair any goods found to be damaged or defective on delivery. The company may require any allegedly defective goods to be returned to them at the customers expense before making good or replacing the goods and the company’s aggregate liability to the customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods giving rise to such liability as determined by the net price invoiced to the customer for the said goods.
7. GOVERNING LAW
Our terms and conditions are governed by English law. When you order your product from us you agree to submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising under the contract between us. Our terms and conditions do not affect your statutory rights.
8. SECURITY OF SHOPPING
8.1 We will treat all your personal information as confidential. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation that is in place.
8.2 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
9. DATA PROTECTION AND PRIVACY
9.1 Gerard Lewis Designs is committed to protecting your privacy. The information we collect about you in order to process your order will only be used lawfully in accordance with the General Data Protection Regulation (GDPR) which will take effect on May 25th 2018 and the Data Protection Act 1998. Gerard Lewis Designs will not wilfully disclose any confidential information without your prior permission and your details will not be passed onto a third party for their use in promotional purposes.
9.2 Gerard Lewis Designs will not share any of your information with parties outside our organisation except to the extent required by law, police, court order or as requested by other government or law enforcement authority.
9.3 Your personal details may only be disclosed to other reputable third parties but only for the purpose of processing your order and all such third parties will be required to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection or Consumer Legislation.