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Terms of Sale

Business to Business (B2B) Online Shop

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

(2) Interpretation

This is a Business to Business (B2B) website and in these terms of sale, “we” means The Coventry Office Furniture Warehouse Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:
  • you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;
  • if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
  • once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale
  • you will be transferred to the secure Sagepay website and Sagepay will handle your payment
  • we will then send you an initial acknowledgment; and
  • once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by viewing the total order breakdown details prior to checkout. You may correct any input errors before placing your order by amending the content of your shopping trolley before final checkout.

(4) The products

General office furniture including, but not limited to: Office Chairs, Office Desks, Reception Furniture, Office Storage, Office Screens and Partitions, Conference & Meeting Room Furniture. Executive & Boardroom Furniture, Canteen, Cafe & Bistro Furniture, Second Hand and Refurbished Office Furniture, Office & Desk Accessories and School Furniture.

(5) Price and payment

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.

In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must usually be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

From time to time we may agree to open a customer account for you, enabling you to pay in arrears. Where you hold a customer account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. Payment for authorised account holders can be made by Credit Card, Debit Card, Purchasing Card, Cheque, or by Direct Bank Transfer (BACS)

If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

The prices on the website exclude all value added taxes at the current rate (where applicable).

Payment for all products, by non account holders, must be made by Credit or Debit Card or any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Delivery policy

We will arrange for the products to be delivered to the address for delivery indicated in your order.

The order will be delivered during normal office hours (Monday to Friday 9am to 5pm) excluding public holidays and weekends.

Delivery times listed on our website are approximate and some made to order products may take longer. We will give you the manufacturers estimated delivery date when you place your order for made to order products, although the date cannot be guaranteed as delays inevitably occur during the manufacturing process.

Delivery is to ground floor only (reception or goods inwards/loading bay) As a general rule, larger furniture items will be delivered on a pallet to kerbside only and you must make us aware of any unloading or parking restrictions that may apply when you place your order. Please contact us for a quotation should you require delivery to a location other than the ground floor.

On delivery before you sign to accept, please ensure the packaging is intact and in good condition. If the product or packaging is obviously damaged you must refuse delivery and mark the courier’s document ‘delivery rejected due to transit damage’. Please inform us immediately on 024 7666 4664 in that event.

Once you have accepted delivery of the product/s, you must unpack and inspect the goods within 48 hours of delivery. If there are missing or damaged items, please ensure that you inform us immediately by email or telephone on 024 7666 4664. If we do not hear from you within 48 hours you shall be deemed to have accepted the product/s in good condition and complete. Where a claim of damage or defect is made after delivery, our policy is to send replacement parts to rectify the problem.

Where a delivery and installation option has been requested or has been included within the purchase price, we will require details of the parking and access available, the unloading and access arrangements, together with any specific restrictions, prior to final acceptance of the order. Delivery and installation of any furniture must be to a clear unobstructed site with free unhindered access to loading bays and lifts. The site must be a safe working environment for our operatives with light and power freely available. Removal of any existing furniture and equipment prior to delivery is your responsibility. Should an agreed installation date and time be delayed by reasons outside of our control e.g. lift failure or delayed completion of other works, we reserve the right to make an additional charge to cover downtime and any further costs, such as overtime incurred as a result of any access delays.

We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 2- 15 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

We will only deliver products within England, Scotland and Wales. (Deliveries to the West Country and the Highlands of Scotland may take longer to deliver than stated on our website)

(7) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
  • delivery of the products; and
  • receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, you will store the products separately from other goods, will ensure that the products are clearly identifiable as belonging to us, and you will ensure that they are properly stored in a safe, dry and clean environment.

We will be entitled to recover payment for the products even where ownership has not passed to you.

(8) Product warranties

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
  • conform in all material respects to any applicable specification of such products published on our website / issued by us; and
  • be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.

For the avoidance of doubt, above warranties do not cover any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 13, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract under these terms of sale are expressly excluded.

(9) Returns, refunds and replacements

Products may only be returned to us with our prior agreement at your expense, and according to our directions and our returns policy. Any products returned in contravention of this Section will not be the subject of any refunds or replacements and you will continue to be liable for payment of the price of such products.

Where you return products to us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section 8, then you will be entitled to replacement products (where replacements are available) or, where we agree, a refund of the price paid in respect of those products excluding all delivery charges. All returned products must be securely packed in their original packaging, they must be unassembled and unused and in a resalable condition. Products that have been assembled or part assembled by you or any 3rd party, cannot be returned.

Where a claim of damage or defect is made after delivery, our policy is to send replacement parts.

Any ‘Made to Order’ products cannot be returned or exchanged after delivery. You must contact us immediately on 024 76 664664 should you wish to make a claim of damage or defect with any made to order product.

(10) Your warranties

You warrant to us that:
  • you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
  • the information provided in your order is accurate and complete; and
  • you will be able to accept delivery of the products

(11) Your indemnity

You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(12) Force majeure

In this Section 12 and Section 13 below, “force majeure event” means:
  • any event which is beyond our reasonable control;
  • the unavailability of raw materials, components or products; and/or
  • power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

(13) Limitations of liability

Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.

Subject to this:
  • our liability in connection with any product purchased through our website is strictly limited to the higher of the purchase price of the relevant product and the replacement cost of the relevant product;
  • we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and
  • we will not be liable for any losses arising out of a force majeure event.

(14) Contract cancellation

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if:
  • you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
  • you cease to trade;
  • you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
  • a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
  • the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
  • any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).

(15) Consequences of cancellation

Upon the cancellation of a contract in accordance with Section 14:
  • we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
  • you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
  • all the other provisions of these terms of sale will cease to have effect, except that Sections 7 to 13 and 15 will survive termination and have effect indefinitely.

(16) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(17) General terms

Images of products on our website are for illustrative purposes; actual products may differ from such images.

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 13: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(18) About us

The full name of our company is The The Coventry Office Furniture Warehouse Ltd (trading as ‘The Office Group’)

We are registered in England & Wales under registration number 3636615

Our VAT number is 545 0403 74

Our registered address is;

Unit 1 New Inn Bridge Estate
998 Foleshill Road
Coventry
CV6 6EN

You can contact us by email to info@officefurniturewarehouse.co.uk

(Term of Use Policy updated 11/07/2011)