Terms and Conditions of Trading

1. General:

Unless otherwise agreed in writing by the Company, all sales are subject to the following terms and conditions:
Any general terms and conditions printed on the Customer's purchase orders or related documents shall be inapplicable if in conflict with these terms and conditions except specifically accepted in writing by the Company, The Company reserves the right to correct any clerical errors made by its employees at any time.

2. Price:

Unless otherwise quoted, the purchase price for the goods will be shown on the price list of the Company current at the time of despatch plus VAT. The Company reserves the right in its absolute discretion to alter prices without notice to take into account such increase in the costs of labour or materials or any exchange rate fluctuations or import duty variations.

3. Acceptance:

Any order accepted by the Company cannot be cancelled by the Customer except with written consent from the company.
Any requests for cancellation must be made in writing within three days from the date of the customers purchase order to the Head Office by email: [email protected]  

4. Delivery:

Delivery dates are given and intended by the Company as estimates only. Any delay in delivering the goods shall not give rise to a right by the Customer to treat the contract as repudiated or to reject the goods. The Company shall be entitled to make partial deliveries and to invoice such deliveries as made.

5. Design:

The Company reserves the right to change the designs and specifications of goods on the website without prior notice.

6. Force Majeure:

All orders are accepted subject to delays or failure in delivery resulting from force majeure, including without limitation war, demands or requests of Government Authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers transportation disruptions, inability to ship or other causes beyond the Company's reasonable control.

7. Title:

1. Except as otherwise provided below, title to the goods shall remain in the Company until the Company has received payment in full of the price together with any interest and other sums due under the contract and all other sums owing to it whatsoever.
2. The Customer shall be responsible for identifying those goods which are the Company's property. If the Customer shall sell or otherwise dispose of or make any insurance claim in respect of any of the goods prior to acquiring title to them he/she shall do so as principal and not as agent for the Company and shall not give any warranties or incur any liability on behalf of the Company and the proceeds of any such sale or other disposition (or claim thereto) or any such insurance proceeds (or claim thereto) shall belong to the Company and be held by the Customer as trust funds to the extent of all sums due to the Company. Title to any such goods sold or otherwise disposed of by the Customer in circumstances where the acquiree obtains good title to them shall pass to the Customer immediately prior to title becoming vested in the acquiree from him/her
3. If the Customer shall fail to make any payment when due or shall become subject to the bankruptcy laws or be sequested or execute an assignment or trust deed for the benefit of its creditors or enter into voluntary or compulsory liquidation or suffer a receiver to be appointed, the Company shall have the following rights at its option which rights shall be cumulative and shall not prevent the Company from also claiming damages and pursuing any other rights and remedies available to it. 
   1. To cancel any undelivered or completed portion of the contract and to stop any goods in transit;
   2. To pass title to the goods or any of them to the Customer by service of Notice in writing on the Customer, and
   3. to repossess the goods or any of them without prior notice and to enter any premises for the purpose of such repossession.
4. Any goods repossessed by the Company hereunder may be resold by the Company on such terms at it may determine and the Customer shall remain liable to the Company for the difference between the net proceeds of such resale and all outstanding sums due to the Company hereunder and for all costs and expenses incurred by the Company in repossessing, storing and reselling such goods.
5. ) Nothing in this condition shall give the customer any right to return goods sold hereunder. The Company may sue the customer for the price when due notwithstanding that property in the goods may not have passed to the Customer.

8. Terms of Payment:

50% payment will be due at the time of placing the order with us, the balance will be payable on reciept of the goods. Payments received outside of the dates specified above will be treated at strictly nett. Any other terms negotiated within the Company will be indicated on the sales invoice and will form an integral part of the contract. No discount will be allowed on VAT. Invoices not settled by the due date will be considered overdue, interest of 2% per month will be charged on all overdue items.

9. Warranty, Liability and Returns:

The Customer shall examine the delivered goods immediately and shall notify the Company and the carrier within three days of the date of delivery of any damage in transit or any shortage and shall notify the Company within seven days of the date of the invoice of any missing consignments or part consignments. The Customer, shall also on delivery, mark on the Carrier's Delivery Sheet the details of any visible damage in transit. The Company will not consider any claims made by the Customer in respect of shortage or damages in transit or missing consignments or part consignments unless these conditions are observed.

1. The Company will not accept return of any goods other than defective goods unless authority is requested from the Company within seven calendar days of the date of delivery and such authority is given in writing to the Customer by an authorised representative of the Company. The Company will in no circumstances accept the return of goods sold to the Customer at a price less than that set out in the Company's current list of prices. The Company will have no liability for goods (other than defective goods) returned without the authority of the representative of the Company as aforesaid. All goods, including defective goods, returned by the Customer will be returned at the Customer's risk. 
2. The Company will accept the return of defective goods at monthly intervals.
3. If the Company determines that the goods being returned as defective it shall, at its opinions:- 
   1. repair or replace the defective goods in order to remedy the defect or
   2. give credit for the price paid by the Customer for the defective goods to be set off against any sums due from the Customer to the Company in respect of any future contracts made between the Company and the Customer. If credit is given, the Company will not entertain any query on any credit note given by the Company to the customer unless the Customer makes such query immediately upon receipt of the credit note. 
4. The undertakings set out in sub-conditions (b) and (c) above shall not apply to:- 
   1. any goods which have been repaired or altered other than by the Company.
   2. any goods which have been subject to accident or damage caused by any negligent act or omission, circumstances beyond the control of the Company or by improper operation, maintenance, storage or by other abnormal use or service.
   3. any goods which cannot be demonstrated to have been supplied by the Company.
5. The undertakings set out in sub-conditions (a), (b) and (c) hereof are the full extent of the Company's liability in respect of any sale and accordingly the Company shall not be liable for any direct loss or damage save as aforesaid not for any indirect consequential or incidental loss or damage or any kind whatsoever (including without limitataion loss of the projects revenue or contracts or for any damage to or destruction of any property or injury to or death of any person. In additions and without prejudice to the foregoing to the extent permitted by law). The Company shall not be liable for any such loss, damage, destruction, injury or death caused by the Company's negligence or the negligence of it's servants, agents or independent contractors. The Customer acknowledges that except as aforesaid all warranties, conditions and representations express or implied and whether arising by statement under this contract, under any prior agreement or in oral or written statement made by or on behalf of the Company in the course of negotiations with the Customer or his representative are hereby excluded. 
6. The Customer shall fully indemnify the Company in respect of all actions, siuts, claims, demands, costs, charges or expenses arising out of or contributed to by any act or emmision of the Customer.
7. Where the Company determines that there is no defective for which the Company is responsible, the goods (where appropriate) shall be returned to the Customer at the risk and expense of the Customer or made available to the Customer for collection from the Company's premises and the Company shall be entitled to make a reasonable charge for examination of the goods and the time expended thereon and to recover any costs incurred.

10. Alterations to Goods or Trademarks:

The Customer shall not alter, add to, tamper with or otherwise interfere with the goods or remove any part thereof and shall not alter, add to, deface, remove, conceal, or obliterate any trademarks attached or applied to the goods.

11. Acceptance of Goods:

Except as otherwise stated herein the goods shall be deemed to have been accepted by the Customer three (3) days after delivery unless the Customer shall notify the Company in writing within that period of any breach of these conditions herein contained. Not withstanding the foregoing any use of the goods by the customer its, agents employees or licences shall constitute acceptance of the goods by the Customer.

12. Assignment or Transfer:

The Customer shall not, without the consent in writing from the Company, assign or transfer any contract or any part of it made between the Company and the Customer to any other person.

13. Security:

Without prejudice to any other provisions hereof, delivery to the customer shall at all times be subject to the approval by the Company of the Customer's credit. The Company reserves the right even after partial delivery or partial payment on account of the contract, to require from the Customer satisfactory security for the performance of the Customer's obligations. Refusal to furnish such security will entitle the Company to defer any further delivery until such security is furnished or to cancel the contract or so much of it as remains unperformed without prejudice or any rights which the Company may have against the Customer in respect of any breach of contract or otherwise.

14. Relaxation or Forbearance:

No relaxation, forbearance, delay or indulgence by the Company in enforcing any of the terms and conditions of the contract or granting of time by the Company to the Customer shall prejudice, effect or restrict the rights and powers of the Company hereunder nor shall any waiver by the Company of any breach hereof operate as a waiver of any subsequent or continuing breach herof.

15. Jurisdiction and Disputes:

Any dispute arising between the Customer and the Company, in respect of the contract shall be governed by and construed in accordance with the laws of England (to the exclusion of any conflicting usage of the trade) and the parties submit to the jurisdiction of the courts of England.

16. Subcontractors or Agents:

The reference to the Company above shall mean Rugsbespoke.com. and the reference to ˜the Customer" shall mean the person who places an order for goods with the Company and the reference to˜goods" shall mean all goods, articles, and such things supplied under any contract between the Customer and the Company.