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Definitions:
“buyer” means the person firm or
company which places the order with
the seller.
“Contract” means the contract between
the buyer and seller for the sale and
purchase of the goods as provided under
these Terms.
“force majeure event” means an event
or circumstance beyond a party’s
reasonable control including but not
limited to failure or delay in performance
by suppliers of the seller.
“goods” means the articles or things or
any of them described in the order.
“order” means the order placed by the
buyer for the supply of the goods.
“seller” means Seconique Furniture Ltd.
“Specification” means, subject to clause
3, any specification expressly approved
in writing by a director of the seller and
otherwise, in relation to any goods,
means goods having the product code
or reference of the seller indicated in the
Contract.
“Terms” means these Trading Terms and
Conditions.
- Unless otherwise expressly agreed in writing by the seller these conditions,
which supersede any earlier conditions
appearing in the seller’s catalogue or
elsewhere, shall override any terms and
conditions stipulated, incorporated,
or referred to by the buyer whether in
the order or in any negotiations. Any
quotation issued by the seller shall not
constitute an offer and shall be valid
(unless earlier withdrawn at any time) for
up to 30 days. The order constitutes the
buyer’s offer to purchase the goods on
these Terms and shall be binding on the
seller only when accepted by the issue of
a written acknowledgment or delivery of
the goods. All guarantees, warranties or
conditions (including without limitation
any conditions as to quality or fitness for
any particular purpose) whether express
or implied by statute, common law or
otherwise are excluded and shall not
apply to the Contract save where such
exclusions are prohibited by the Unfair
Contract Terms Act 1977 or otherwise
under the governing law.
- Goods delivered shall be materially in accordance with the Specification.
Descriptions, drawings and particulars
of weights, dimensions or materials
indicated in catalogues, advertising and
brochures or the like provided by or
for the seller are intended only to give
an approximate idea of the goods in
question. The use of such information
shall not constitute a sale by description
or have any contractual force. Unless
otherwise expressly agreed by the seller
in writing, the goods are intended to be
suitable only for domestic use and no
warranty is given or to be implied that
the goods are suitable for any other use.
The seller reserves the right to make
minor changes to the specification,
description or design of the goods which
are not material in their general use to
comply with any law or regulation or
generally to improve the goods in any
respect. The seller’s employees and
agents have no authority to make any
representation, statement or report not
contained in or incorporated into the
quotation or Contract by the seller and
the seller shall not be bound by any such
unauthorised representation, statement
or report unless confirmed in writing by
a director of the seller.
- To comply with current legislation, cash payment cannot be accepted for
orders or to a value in excess of €10,000
or £8,000 (inclusive of VAT).
- Save where it is agreed in the Contract that the buyer or its agents
shall collect the goods, the seller shall
deliver the goods to the location set out
in the order or such other location as
the parties may agree. The seller shall
endeavour to deliver or make available
for collection the goods on any date or
within any timescale indicated by the
seller but any dates indicated for delivery
are approximate only and the time of
delivery is not of the essence. The seller
will notify the buyer orally or in writing
in advance of the arrival of the goods at
the premises of the buyer during normal
working hours or when the goods are
available for collection. If the seller
delivers the goods, the buyer shall be
responsible for unloading the goods
and in the event that the buyer fails to
offload the goods within 30 minutes (or
within 3 hours in the case of a delivery of
a container) or a reasonable time from
their arrival at the delivery location at
the time so specified the buyer shall
be liable to the seller for the additional
costs incurred by the seller. The seller
shall not be liable for any delay in
delivery of or making available the goods
that is caused by a force majeure event
or the buyer’s failure to provide the seller
with adequate delivery instructions or
any other instructions that are relevant
to the supply of the goods. If the seller
fails to deliver or make available the
goods, its liability shall be limited to
the costs and expenses incurred by the
buyer in obtaining replacement goods
of similar description and quality in the
cheapest market available, less the price
of the goods.
- If the buyer fails to accept delivery of or collect the goods within three
business days of the seller notifying the
buyer that the goods are ready, then,
except where such failure or delay is
caused by a force majeure event or
the seller’s failure to comply with its
obligations under the Contract, delivery
of the goods shall be deemed to have
been completed at 9.00 am on the third
business day after the day on which the
seller notified the buyer that the goods
were ready. The seller may store the
goods until delivery takes place and
charge the buyer for all related costs and
expenses (including insurance). If after
ten business days from the day on which
the seller notified the buyer that the
goods were ready for delivery the buyer
has not accepted delivery of them, the
seller may resell or otherwise dispose of
part or all of the goods.
- If the seller delivers up to and including 5% more or less than the
quantity of goods ordered, the buyer
may not reject them but on receipt of
notice from the buyer that the wrong
quantity of goods was delivered, a pro
rata adjustment shall be made to the
order invoice. The seller may deliver
the goods by instalments which shall
be invoiced and paid for separately.
Any delay in delivery or defect in an
instalment shall not entitle the buyer to
cancel any other instalment. Orders may
only be cancelled with the consent of
the seller and subject to reimbursement
of the costs of cancellation. If goods are
returned because they were ordered in
error or are not required by the buyer
and the seller agrees to the cancellation
of the order, the seller reserves the right
to apply a handling charge of 20% of the
value of goods returned.
- Any spare parts required by the buyer are chargeable and delivery is
subject to availability provided that the
seller will not charge for the necessary
replacement of defective fittings. The
seller may agree to provide replacement
goods or spare parts for goods ordered.
In such circumstances the seller will only
deliver such replacements and/or spare
parts to the UK business address of the
buyer.
- Neither party shall be in breach of contract nor liable for delay in
performing or failure to perform any of
its obligations under the Contract (other
than an obligation to make payment
when due) if such delay or failure results
from a force majeure event. If the period
of delay or non-performance continues
for three months, the party not affected
may terminate this Contract by giving 30
days’ written notice to the affected party.
- The price of the goods shall be the price quoted by the seller or, if no
price is quoted, the price set out in the
seller’s published price list in force as
at the date of delivery. The seller may,
on giving reasonable notice to the
buyer at any time, increase the price
of the goods to reflect any increase in
the cost of supplying the Goods due to
any factor beyond the seller’s control
(including foreign exchange fluctuations
and increases in taxes and duties or
prices of suppliers) or any request by the
Customer to change the delivery date,
quantity or description of the goods
ordered.
- Delivery charges to the delivery location approved by the seller are
included in the price except where
otherwise stated by the seller or agreed
in relation to any Contract. Prices
exclude VAT. The seller may invoice the
buyer for the goods on or at any time
after delivery. Payment shall be made
in accordance with the terms notified or
approved by the seller and in any event
unless otherwise expressly agreed in
writing the buyer shall pay the invoice
in full without set off and shall place
the seller in cleared funds by the end
of the month following the month the
invoice was dated. Time of payment
is of the essence. In the event of late
payment, the seller shall be entitled to
interest on the amount outstanding at
the rate of 4% above the base rate of
Barclays Bank PLC from time to time in
force, calculated from day to day before
and after judgement from the date the
payment falls due until payment.
- All delivery documentation (invoice, delivery and return notes) should be
checked and signed by the buyer and
the driver delivering the order. In the
event that the actual quantity of goods
delivered falls short of the quantity
specified in the delivery documentation,
the actual quantity delivered should be
recorded on the delivery documentation
and countersigned by the buyer and the
driver delivering the goods. In the event
of a container delivery, the driver shall
also record the container Seal Number
and whether the container is “Seal
Broken” or “Seal Intact” on delivery.
- The buyer shall inspect the condition of the goods as soon as
possible after delivery and shall within
48 hours from such inspection and in any
event within five business days notify the
seller of any apparent damage or defect
or missing items by reason of which the
seller believes that the goods delivered
are not in accordance with the Contract.
In order to be verified by video evidence,
shortages need to be notified within
48 hours of delivery. Any goods which
are the subject of a claim by the buyer
shall be retained by the buyer and made
available for inspection by the seller on
request. Goods should not be returned
by the buyer without the prior consent of
the seller in writing. The seller may, at its
option, repair or replace defective goods
or refund the price of any defective
goods.
- Nothing in these Terms shall limit or exclude the seller’s liability for:
death or personal injury caused by
its negligence or the negligence of its
employees, agents or subcontractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section
12 of the Sale of Goods Act 1979; or
defective products under the Consumer
Protection Act 198.
- Subject to clause 14 of these Terms: (a) the seller shall under no
circumstances whatsoever be liable
to the buyer, whether in contract, tort
(including negligence) or otherwise, for
any loss of profit, loss of business or
loss of contracts (in each case whether
directly or indirectly arising) or for any
indirect or consequential loss of any
nature arising under or in connection
with the Contract; and
(b) the seller’s total liability to the buyer in respect of all losses arising under or in
connection with the Contract, whether
in contract, tort (including negligence),
or otherwise, shall in no circumstances
exceed 300% of the price of the goods
ordered in the Contract.
- Unless otherwise agreed in the Contract, the goods shall be at the
buyer’s risk from the time of delivery to
the delivery location.
- Title to the goods shall not pass to the buyer until the earlier of:
(a) the seller receiving payment in full (in cash or cleared funds) for the goods;
or
(b) the buyer reselling the goods in the ordinary course of its business, in which
case title to the goods shall pass to the
buyer at the time specified in clause 19.
- Until title to the goods has passed to the buyer, the buyer shall:
(a) store the goods separately from all other goods held by the buyer so that
they remain readily identifiable as the
seller’s property;
(b) not remove, deface or obscure any identifying mark or packaging on or
relating to the goods;
(c) maintain the goods in satisfactory condition and keep them insured against
all risks for their full price from the date
of delivery;
(d) notify the seller immediately if it becomes subject to any of the events
listed in clause 21; and
(e) give the seller such information relating to the goods as the seller may
require from time to time.
- Subject to clause 20, the buyer may resell or use the goods in the ordinary
course of its business (but not otherwise)
before the seller receives payment for
the goods. However, if the buyer resells
the goods before that time:
(a) it does so as principal and not as the seller’s agent; and
(b) title to the goods shall pass from the seller to the buyer immediately before
the time at which resale by the buyer
occurs.
- If before title to the goods passes to the buyer the buyer becomes subject
to any of the events listed in clause 20,
then, without limiting any other right or
remedy the seller may have:
(a) the buyer’s right to resell the goods or use them in the ordinary course of its
business ceases immediately; and
(b) the seller may at any time: require the buyer to deliver up all goods
in its possession that have not been
resold, or irrevocably incorporated into
another product; and
if the buyer fails to do so promptly, enter
any premises of the buyer or of any third
party where the goods are stored in
order to recover them.
- The buyer warrants that it is not at the time of entering into this agreement
insolvent, and that it knows of no
circumstances which would entitle
any creditor to appoint a receiver or to
petition for winding up or bankruptcy
or to exercise any other rights over or
against its assets.
- If a buyer has not traded with the seller for more than 12 months, the
buyer shall complete and deliver to the
seller a copy of the seller’s New Customer
Detail Form. The buyer warrants and
represents to the seller that to the best
of the buyer’s knowledge and belief all
information provided in such form is true
and complete and agrees to notify the
seller without delay in the event that any
such information ceases to be correct
in any material respect. The buyer also
acknowledges and agrees to comply
with the seller’s operating procedures
a copy of which is included with these
Terms or is otherwise available on
request. In the case of any Contract
for the sale of goods for export where
it is agreed that the Contract shall be
governed by terms provided under any
“INCOTERM” which is inconsistent with
these Terms, the term agreed under the
relevant INCOTERM shall prevail.
- The Contract and any dispute of claim (including non-contractual
disputes or claims) arising out of or in
connection with it or its subject matter
or formation shall be governed by and
construed in accordance with the laws
of England and Wales whose courts shall
have exclusive jurisdiction in relation to
any such dispute or claim.
TERMS AND CONDITIONS FOR DROPSHIPPING ONLINE TRADING
Prior to being set-up as an On-Line Trader
• A signed copy of this agreement is required before we can
consider you as this type of customer. The required signature
must be from the owner of the business or company Director.
• Please advise Seconique of your website URL so that we can
verify if you fall into the category of a Dropshipment customer.
• Please confirm the company that you intend to use to collect
the goods on your behalf. If this carrier is already known to us, we
may be able to us an existing label printer to produce the required
labels. If the carrier is unknown they should make an appointment
with Seconique to install a label printer and to confirm your
password and Log-In details – this will enable us to download your
completed address labels and manifest directly from the carrier
website.
• It will be your responsibility to ‘up-load’ all label details. Failure
to provide labels with accurate information may result in a delay
when transacting your order.
• The timing for receipt of your orders and labels is critical to
the smooth running of the operation – This will be agreed at a
later date. Failure to follow agreed timescales may result in your
delivery being delayed until the next available collection.
• All orders must be paid for before collection – We suggest the
most convenient means is to create a holding fund (to be agreed).
We will use this to debit your daily transactions until it gets to
a point where we will advise you that this needs topping up.
Alternatively we accept bank transfer including FPS service/debit
card/ credit card (although this would be subject to verification).
• All goods that are palletised will be charged the following:
Goods up to £500 – 1 pallet = £3 plus VAT
Goods from £500 to £1000 – 2 pallets = £6 plus VAT and every £500
thereafter will be chargeable up to a maximum of 15 pallets.
• The timing and frequency of carrier collections will be agreed
at a later date.
• A Sales Advisor shall be appointed to administer your orders
– They will be your main contact throughout the ordering process
with the obvious exception of taking payment and after sales.
Credit Control details shall be advised in due course. Please
contact aftersales@seconique.co.uk for any after sales issues.
• If you are not already an existing customer, you shall also be
required to complete and return a Customer Detail Form, together
with proof of trading and a copy of a recent utility bill.
- These terms and conditions apply to contracts for the supply of goods whereby we supply the product to the home of the end user
(your customer) directly from our stock. This process is often referred
to as Dropshipping.
- You acknowledge that this is a business to business contract and the Consumer Protection (Distance Selling) Regulations 2000 do not
apply to this contract..
- These terms are supplemental to our standard terms and conditions of sale (“Standard Terms”) which will also apply to this
contract. To the extent that there is any contradiction between the
terms of the recorded in this document and our Standard Terms, the
terms of this letter shall prevail.
- You will provide subject to our approval and in a format we require designs for the labels which we affix to the exterior of the packaging of
the goods. We are entitled to charge you for the cost of labelling.
- Your designated courier will collect the goods and deliver them direct to the home of your customer. Due to the nature of this process
we have determined that, by their nature, couriers do not always
handle the product with the correct due care and attention that is
needed to prevent damages. Any claims for missing or damaged
items must be initially directed to the courier. Should you also wish
to report any instances of loss/damage/incorrect item delivered etc,
please ensure that this is lodged with our after sales department
within 72 hours from the collection date.
- We will consider warranty claims in accordance with our Standard Terms. Any goods returned to Seconique which we determine to
be outside of the warranty your account will be debited on a weight
returned basis which is currently set at £1.00 per Kilogramme. We
reserve the right to dispose of any items returned after seven days
from first date received. If you would like to collect returns during this
period please contact our after sales department who will arrange for
the items to be made ready for your collection. If you fail to contact
Seconique advising that you wish to collect your items we reserve the
right to dispose of the said items and implement the relevant charge.
If you arrange to, and collect your items during this period no further
action will be taken. Please note that if we have supplied you with
an incorrect goods it must be sent back to Seconique in the original
packaging and in a sellable condition or credit will be refused.
- All warranty claims are subject to the limitations of liability as set out in clause 14 of the Standard Terms.
- It is your responsibility to return the goods to Seconique. Seconique will not be liable for any costs that you incur when
returning goods.
- The representative/courier collecting on your behalf is responsible for all goods and when signing for these items they agree that the
product packaging is in good condition at the point of collection.
- If goods are damaged upon receipt with your customer we may be able to supply you with a replacement part. This may be subject to the
necessary charge and/or availability. Our after sales department will
be able to advise you on this should this ever occur.
- Any goods returned to Seconique will not qualify for automatic credit status. Credit to your account will only take place once the item
has been inspected and we have found that Seconique is liable and a
credit will therefore be due.
- Once established as a customer any additional requests not already previously agreed may be liable for an additional charge to
your account.
- If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be
invalid, unenforceable or illegal, the other provisions shall remain in
force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall
apply with the minimum modification necessary to make it legal, valid
and enforceable.
OPERATING PROCEDURES
In these operating procedures,
”we” or “Seconique” refers to
Seconique Furniture Ltd, the
seller, and “you” refers to the
customer or buyer.
TERMS OF PAYMENT &
PLACING ORDERS
All orders are supplied on one of
the following basis:-
(i) Proforma Invoice
(ii) Payment COD (*Cash – Not Cheque) (Also see Conditions on
Customer Detail Form)
(iii) Banker’s Draft; or
(iv) Debit/Credit Card
*Please note that cash cannot
be accepted for orders in excess
of €10,000 or £8,000 (inclusive of
VAT).
ALL PRICES EXCLUDE VAT
Orders can be placed via
telephone, fax, e-mail, our
website or by post. Verbal orders
should be confirmed in writing.
Queries related to orders
should be made to our sales
department who will be pleased
to assist.
Export orders destined for
the EC may be subject to VAT
exemption, however, a copy
of your EC VAT Registration
Certificate will be required in
support of your application.
Shipping documents providing
proof that goods have left the UK
shall also be required following
collection or delivery of each
order.
If we do not receive evidence of
the above a VAT invoice will be
raised.
MINIMUM ORDER VALUE
Minimum order carriage paid
£400 – £500 (depending on area)
excluding VAT.
Minimum order carriage paid for
Scotland is £500.
DELIVERY ARRANGEMENTS
Our deliveries are planned on
a week-to-week basis and we
will try to contact you to book in
delivery at least a day before.
To enable us to plan your
delivery efficiently, please ensure
section 3 of the Customer Detail
Form is completed.
Upon booking in, we will confirm
exactly which items are being
delivered and you will be given
the total amount for our driver
to collect. If it is not possible for
you to have payment available
for our driver, please advise us at
the time we phone to book in the
delivery, so that we can arrange
an alternative delivery date.
Please note we are unable to
deliver to private addresses.
Orders for export may only be
delivered to bona-fide carriers or
freight forwarders.
We endeavor to deliver as soon
as possible after receipt of order,
but, as this is variable, please
always check current delivery
time when placing order.
It is the customer’s responsibility
to provide staff and any
equipment required to unload
stock at the point of delivery.
Seconique drivers are not
insured to work on customer’s
premises.
INTERNET/COURIER
CUSTOMERS
We cannot make any
arrangements on your behalf for
Couriers to collect orders from
the Cash ‘n Carry Department,
this has to be entirely your
responsibility. If you do send a
Courier into the Cash ‘n Carry
Department to collect goods on
your behalf, please ensure the
Courier can quote your name
and address and have full details
of the goods to collect, as they
will have to sign for the receipt
of itemised goods – ‘Received
Unchecked’ or a similar phrase is
not acceptable.
You should also notify either
our Sales Office or Cash ‘n
Carry Department that you are
sending in a Courier and provide
them with their details.
Products collected by Couriers
will not be accepted for return if
damage has been incurred due
to their handling procedures.
Any additional administration
and labelling requirements of
the customer may be available
only at Seconique’s discretion
and are liable to a surcharge.
All goods that are palletised will
be charged the following:
Goods up to £500:
1 pallet = £3 plus VAT
Goods from £500 – £1000:
2 pallets = £6 plus VAT and
every £500 thereafter will be
chargeable up to a maximum of
15 pallets.
RETURNS
If any item(s) has to be returned/
exchanged, please ensure it
is in its original packaging.
You should also notify us
immediately of the full details
of the reason for the exchange
and the invoice number
against which the goods were
purchased. It would also be very
helpful if you could quote the
order reference number from
the carton(s) of the goods being
returned. Please also quote the
name of the After Sales person at
Seconique to whom you initially
reported your requirement for
an exchange.
Please note our Drivers are not
authorised to accept ‘Returns’
unless instructed to do so by our
After Sales Department, and
After Sales cannot give this
instruction unless you, the
customer, has advised them
accordingly.
If you are returning goods to our
Cash ‘n Carry Department you
must give them prior notice of
your intention to return goods.
Returned goods must be in their
original packaging and you
must bring with you the invoice
on which you were charged for
same.
Please note that all exchanges
are charged and credit notes
issued for goods returned.
Any claims originating from
outside the UK will be handled
on an individual basis, with
subsequent decision(s) at the
discretion of the Company.
LABELLING (GLASS)
All furniture incorporating glass
is clearly and permanently
marked in accordance with BS
7376:2004.
All glass is toughened.
Additional safety information
is supplied in the Assembly
Instructions and on the
Important Information Label. In
the event that you, as a Retailer,
assembles a product for sale,
the Important Information Label
must remain fixed to the product
and the Assembly Instructions
presented to the consumer at
point of sale.
Please note the furniture colours
shown in this catalogue are
approximate only due to the
limitations of the print process.
Mattresses are used to
demonstrate certain beds and
bunks. It should be noted
that mattresses are available
separately, bed and
bunk prices do not include
mattresses.
We reserve the right to alter or
modify these procedures at any
time on notice.
The Company reserves the right to alter or modify the product or information contained herein at any time in the light of technical or other developments.
All prices exclude VAT. We reserve the right to amend prices printed in this catalogue without notice if and when deemed appropriate.
Prices are correct at time of printing but may be subject to change.
Mattresses are used to demonstrate certain beds and bunks.
It should be noted mattresses are available separately, bed and bunk prices do not include mattresses.
