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Terms & Conditions


TERMS & CONDITIONS OF SALE


These terms and conditions shall apply to ALL CONTRACTS

between Home and Living UK and the customer and no variation of
these terms and conditions shall be effective unless agreed in
writing and signed by the customer and a duly authorised

representative of Home & Living UK


1. Definition in these terms and conditions and in all contracts to
which these terms and conditions apply:


i) "customer" shall mean yourself


ii) "company" shall mean Home & Living UK


iii) "materials" shall mean HDF (MDF), MFC or NATURAL WOOD


iv) "goods / products" shall mean furniture specified on the website
or in the elevation drawings supplied


2. The goods / products ordered under this contract are purpose
made and bespoke specifically for the customer’s particular
property / requirements and termination of the contract may result in
a financial penalty.


3. Terms of payment: Where a customer approves our invoice (and
at the same time agrees to these contractual terms by making a
deposit payment) the following terms of payment apply to the
contract;
30-50% of the total order value is payable as a manufacturing
deposit upon agreement of the order and the final percentage of the
total
order value falls due upon practical completion and is to be paid
within 2 days or 48 hours of the practically complete installation.


i) The price of the order / invoice is valid for product fitted within 60
days of the documented date after which it may be subject to
change / review.


ii) Cheque payments are no longer accepted with apologies.
(Online payments can be made to)


Bank: Nationwide
Account number: 33904689
Account name: Home & Living UK
Sort Code: 07-08-06


(the reference for payment can simply be your name or postcode)
or by debit / credit card by contacting your designated contact at our
company


iii) Upon agreement to an order by placement of a deposit, the
customer and the company form a binding contract in respect of the
order details of which have been emailed to the customer in the
means of a detailed invoice, the contract shall not be subject to
cancellation by the purchaser once manufacture has commenced or
orders have been placed for ancillary items required to fulfil the
particular order. The company reserves the right to cancel any
order, at any time. The company will refund all monies paid to that
date by the customer as long as the company has not started to
produce the order. In such a case, the amount of costs the
company has incurred with regards production of the order will be
deducted from the customer deposit paid. This is without prejudice
to its rights to claim damages for breach of contract. The company
may, at its sole discretion in appropriate cases, agree to the
cancellation of the order by the customer, upon the payment to the
company of all expenses it incurred prior to the cancellation date.
Installation dates can change for many reasons. The company
reserves the right to change installation dates if the preliminary date
stated on the customer invoice cannot be met. The company will not
be held liable for financial claims made against it by the customer
for installation dates being re-arranged.


iv) The customer shall not be entitled to withhold the final balance
payment by reason of any alleged minor defect. The company will
address any alleged defect by way of a remedial correction post
practical completion within a reasonable time period and a
maximum of 90 days. If the final balance payment is not made on or
by the due date (within 2 days or 48 hours after practical
completion) the company shall have the right to require payment of
interest on the outstanding amount at a rate of 2% above the Bank
of England base rate. This would be on a monthly basis from the
due date until the date at which the final balance payment is made.
If the customer continues to request the company to revisit and
creates awareness of more remedials after the first remedial revisit
post practical completion, the company (at its discretion) will be
entitled to pass on these costs to the customer as the cost of many
revisits is not accounted for in the order price. The cost of returning
to an installation after the first remedial has been attended to will be
charged at £100 per visit. These costs would be waived in most
circumstances as long as the customer has paid the outstanding
balance. If the customer has not paid the outstanding balance and
is using remedial claims to hold back the final balance, the
company will, without delay, commence legal action to recover the
balance due and not be expected to resolve any further remedials
until the practically complete balance is paid. If the company
believed the remedial work amounted to such that it would be
wrong to demand the outstanding balance upon practical
completion it will not request the balance (at its discretion) until the
remedial work has been carried out. This would mean that the
company had accepted that the installation was not practically
complete at that time.
Please Note:- Distance selling laws do apply where the customer
has purchased under stair storage via the website / online
communication, however, responsibility must be accepted by the
customer that by making the deposit payment, the company will
enter into costs to manufacture the order.


4. Practical Completion;
i) The company will ensure that it will complete the installation of the
goods / products within a reasonable time. It is an expressed
condition however that time shall not be of the essence in respect
on the practical completion of the installation of the goods /
products by the company. If the measurements supplied by the
customer are not correct the company cannot be held responsible
for changes required to make the installation fit. Any delays created
on site by the customer providing incorrect measurements are liable
to further charges at the discretion of the company. These charges
would be within reason and discussed with the customer prior to
them falling liable for any costs.


ii) The customer agrees to allow free access to the company
installer/s to carry out installation of the goods / products and shall
ensure that such necessary re-routing of electrical / gas and
plumbing appliances / installations are carried out at the customers
own cost unless otherwise agreed in writing by the company and
the customer in order that the installers can proceed to install the
goods / products.


5. Title of Goods / Products;
Unless otherwise agreed in writing all materials delivered to the
customer’s premises in connection with the work shall be at the
customers risk post delivery. Ownership of such materials shall
pass to the customer once payment in full has been made and
received.


6. Damage;
The company will ensure that all necessary action is taken to avoid
damage to the goods / products when the installation is being
undertaken. The company will ensure that the installation is
installed and fitted in accordance with the specification outline in the
invoice and elevation. The company will not be responsible for any
non-alignment of the install which is due to undulations in the
customers own floor if being fitted on existing flooring at the
customer’s request. Home & Living UK takes care when installing
goods / products but the customer must take reasonable measures
to protect their property and existing flooring to prevent any
damages. Our company installers / sub-contractors will dust sheet
the area they are working in to minimize any dust but we must
advise there will always be an unavoidable element of dust based
on the type of installation we are undertaking.


7. Materials;
i) In the event that any installation requires a panel to be greater in
size / length than is readily available in the open market place then
the company reserves the right to make a joint in the panel making
good the same and in such an instance the customer shall not be
within their rights to raise complaint.


ii) Only items which are included in the invoice will be supplied /
fitted / installed. Customers should not assume that items such as
shelves, mirrors, architraves, skirtings etc will be supplied / installed
unless they are included in writing on the invoice. Any
additional items which the customer requests that are not on the
invoice will be subject to a charge and payment will need to be
made in full at the time of the order or during the order / installation
process or as agreed with the company.


8. Alterations;
i) If the customer wishes to make alterations or additions to the
design or specifications post the placement of an order then the
customer must inform the company by email at;
Info@homeandlivinguk.co.uk
Customers must be aware that this could affect the originally
scheduled installation date. The financial cost of any alterations or
additions out of this timescale will have to be paid in full by the
customer.


ii) Any changes to the agreed scheduled installation date/s must be
advised as soon as is reasonably possible by the customer in
writing to the company at the above address above in clause 8.(i).


9. Installation Image Use;
You agree that we will use images of your installation on our
website & social media pages including Facebook, Instagram,
Twitter, Pinterest & YouTube. All photographs of your installation
along with advertising material / website content including slogans
& associated social media publications remain the copyright of
Home & Living UK If you wish that we do not use your installation
images please contact us and advise of such via email using
info@homeandlivinguk.co.uk

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