1. DELIVERY (Mainland UK Orders)
1.1 Delivery Times
1.1.1 Whilst we will use our reasonable endeavours to deliver the goods in the timescale advised to you, unexpected delays may occur in the supply chain and therefore we cannot guarantee that this timescale will be met.
1.1.2 Following the placement of an order it will be scheduled for delivery by the Transport Department. The Transport Department will then notify the customer of the approximate delivery week. Approximately three weeks prior to this week the Transport Department will again contact the customer to advise of the exact day of delivery and wherever possible the exact half day.
1.1.3 If a notified delivery week or day is put back at the customers request we will endeavour to reschedule the delivery to the soonest date, but the time scale for the new delivery will depend upon transport availability and the full quoted delivery time prevailing may be applicable.
1.2 Delivery Process
1.2.1 The goods will be delivered into the room that you have selected.
Good clear access should be provided from the outside of the property into the room prior to the delivery team's arrival. All ornaments, pictures and furniture items that could restrict the delivery process should be removed.
1.2.2 Floor coverings should be protected prior to the delivery where necessary in order to withstand use by outdoor footwear. Health and safety regulations dictate that the delivery team must wear the appropriate footwear at all times.
1.2.3 Any damage to your property caused by the delivery team is to be reported to us as soon as possible.
1.2.4 The dimensions of the Goods are quoted in our sales literature in all published formats but are a guide only as there can be minor variations in the dimensions of the finished goods due to the hand made nature of the products. If you are in any doubt as to whether access is going to be adequate, we advise you to make an Access Request.
1.2.5 If items are delivered without a prior access report and it is found that they will not go into the property then an additional delivery charge will be made for the re delivery.
1.2.6 If you make an Access Request, we will arrange for a representative of the delivery team to visit the property and determine whether delivery is possible and, if so, the means of access and what arrangements might need to be made so that access by that means is adequate.
1.2.7 Reports in respect of Access Requests are indicative only and do not guarantee that the Goods can be delivered to the premises and into the room as requested.
1.2.8 The delivery team will give enough time for you to inspect the items to your satisfaction and they will then ask you to sign a receipt for the goods stating that they have been received in good condition.
1.2.9 Please note that all of the above points also apply to any visit to your home by any Saxon staff for whatever reason.
1.3 Delivery Costs
1.3.1 The charge for a Standard Delivery is as shown on the confirmation order.
1.3.2 A Standard Delivery is a delivery made Monday to Friday to a ground floor room at an address in mainland UK.
1.3.3 Deliveries to remote Scottish regions may incur an additional delivery charge.
1.3.4 Delivery to other destinations in the world is available on request and with prior agreement of the charges.
1.3.5 Deliveries that are not through a door at ground floor level and/or which involve the use of winches or similar equipment or are through windows or across terraces will incur additional charges to be agreed before delivery.
1.3.6 Access Request Inspection and Report will incur a cost payable prior to or at the time of the visit.
2 PAYMENT
2.1 CASH SALES
2.1.1 Payment of the appropriate deposit amount as shown on the confirmation of the order must have been received in cleared funds prior to the manufacture of the goods.
2.1.2 The balance payment is due prior to, or at the point of delivery.
2.1.3 Balance payments at the point of delivery are only acceptable by either Bank Draft or Building Society Cheque made payable to Saxon Leather Upholstery Ltd or by Cash.
2.1.4 The delivery team accepting the payment will sign the customers' confirmation order copy to confirm receipt of the payment.
2.1.5 This dated signature also commences the guarantee term for the goods.
2.1.6 Payments by Credit or Debit Card must be made within office hours prior to delivery. Payments can only be made with Credit or Debit Cards which are registered at the delivery address.
2.2 FINANCE SALES
2.2.1 Payment for goods which have been purchased on finance will require a deposit payment as specified in the particular credit option shown within the price list.
2.2.2 The approved and signed Credit Agreement must be received by Saxon Leather either prior to, or at the point of delivery.
3 EXPORT
3.1 International shipping can be arranged by the customer or we will arrange on the customers behalf.
3.2 Packaging suitable for export is compulsory and will be made especially to fit the items.
3.3 Insurance for damage to or loss of the items in transit is compulsory.
3.4 Acceptance of a specific shipping quotation, insurance and packaging cost must be confirmed by the customer in writing prior to the manufacture of the goods.
3.5 For standard items a deposit of 10% is payable by bank transfer before manufacture commences.
3.6 The balance payment is due when the items are ready for despatch and must be made by bank transfer prior to the items leaving the Saxon factory.
3.7 Delivery by the shipper will be to either the "customer's address" or "docks only" which ever is specified on the original quotation.
3.8 "Customer's address" deliveries should be treated as a kerbside delivery and the customer must arrange for the items to be unpacked and placed in the property concerned. Disposal of the packaging is the responsibility of the customer.
3.9 "Docks only" deliveries are delivered to the docks or port only prior to clearing customs.
3.10 Customers full contact details will be provided to the shipper who should then be the customers' first point of contact for the progress of the shipment.
4. SPECIFICATION AND QUALITY
4.1 Sizes
4.1.1 Goods are manufactured to be within reasonable commercial standards of tolerances for goods of their type and there can be minor variations in the dimensions of the finished goods as compared to any dimensions given in sales literature.
4.2 Quality
4.2.1 Each of the items that we produce are individually hand made. There can be minor variations in colour, size and appearance between the Goods and items displayed in our showroom, in our advertising literature, on our web site and in our advertisements.
4.2.2 Every piece of leather is unique. Each and every hide is hallmarked with its own character and qualities. Such hallmarks include growth lines and scars. These hallmarks are a testament to the natural origin of the product and should not be regard as a defect or fault. Also each hide has variations in the texture of the grain and shade variations within and between hides. For the discerning owner, such hallmarking has long been considered one of leathers principal attractions. It is also quite normal to expect crease lines and some stretching to occur particularly on cushion tops. We are unable to accept the return of goods based on the complaint of natural marks and scars or stretching.
4.2.3 The Antique Effect finish that is used on some leathers is produced by over laying two different dyes and florenteaks to create an artificially aged look. It can be expected that everyday usage abrasion will accentuate this colour change and is an inherent feature of this kind of leather finish.
4.2.4 Certain medications can cause abnormal amounts of excretions from the skin which in term can adversely affect the surface of some leathers. The gauge for leather's suitability for purpose will always be the relevant European Production Standards applicable. These test standards and the leathers characteristics are printed on the reverse of the customer's confirmation order.
4.2.5 We reserve the right without affecting our liabilities to you to make minor technical changes to the specification of Goods, provided that the changes do not materially affect the use quality, appearance or performance of the Goods.There will be no price adjustment on account of specification changes.
4.2.6 The contact details for our Customer Services Department can be found on the heading of the Confirmation Order.
5. CANCELLATIONS
5.1 We are prepared to accept the return of non-faulty Goods subject to the following conditions.
5.2 If you wish to return non-faulty Goods, you must notify us within 28 days of delivery, by email at info@saxonleather.co.uk or by telephone or by letter The Goods must:
5.3 not have been personalised to your requirements. A personalised order is one which has been made especially for the customer and which does not feature as a standard item within our website or sales literature. If these conditions are satisfied we will either exchange the goods or make a refund.
5.4 In the case of an exchange, any price adjustments will be made as per the price list relevant at the time of the original order. A delivery charge will apply to the re delivery.
5.5 In the case of a refund, we will arrange to collect the goods and refund the total amount of monies paid less the delivery charge and less a collection charge equal to that of the original delivery charge.
5.6 If a personalised order is cancelled prior to delivery, we reserve the right to withhold some or all of monies already paid to cover any costs incurred up to that point.
6. GUARANTEES
6.1 The wooden frames of all of our items are guaranteed against faulty materials and workmanship, allowing for fair wear and tear for a period of ten years from the date of receipt. All other parts are guaranteed against faulty materials and workmanship, allowing for fair wear and tear for a period of two years.
6.2 All guarantees apply to the original purchaser.
7. TITLE TO GOODS
7.1 You acknowledge that before placing your Order you represented and warranted to us that you are not insolvent and have not committed any act of bankruptcy, or, being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for your winding up or exercise any other rights over or against your assets.
7.2 Title in the Goods shall pass upon payment of the whole of the price of all the Goods in the Order (including any Interest accrued on the price) and until then all the Goods shall be and remain our sole and absolute property as legal and beneficial owner.
7.3 Until title passes in accordance with conditions in 7.2 you will be in possession of the goods solely as the bailee of the Company.
7.4 Until title in the goods has passed in accordance with condition 7.2 you will not remove alter or deface any identification sign mark label or serial number of ours.
7.5 If you sell on our Goods before title in them has passed from us, the entire proceeds of sale of the Goods shall be held by you on trust for us and placed in a separate account identified as our monies and until you receive such sale proceeds you shall hold on trust for us your rights against the person to whom the Goods were sold and will assign those rights to us on request.
8. RISK AND INSURANCE
8.1 Goods supplied by us shall be at your sole risk as soon as they are delivered to the deliver address and it shall be your responsibility at your own cost to insure the Goods in their full reinstatement value against all usual risks and to properly keep them until title has passed.
9. LIABILITY
9.1 Without prejudice to condition 9.3 our liability for breach of contract shall not exceed the invoiced value of the Goods to which the Order relates and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
9.2 Without prejudice to condition 9.3 our liability for damage to property caused by negligence or otherwise shall not exceed [this should be your third party liability insurance limit of cover, or less if you prefer] and we shall not be liable for loss of profits loss of revenues loss of anticipated profit loss of goodwill loss of amenity or use or any type of special indirect or consequential loss.
9.3 If you are a consumer, nothing in these terms and conditions shall exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.
10. WEBSITE
10.1 The website on which these terms and conditions appear is the website of Saxon Leather Upholstery Limited. Commercial reproduction, distribution or transmission of any part or parts of the website or any information contained therein by any means whatsoever without the prior written permission of Saxon Leather Upholstery Limited is not permitted. The website and all intellectual property rights in its design, text, graphics and the selection and arrangement thereof belong to Saxon Leather Upholstery Limited or its licensors. The trade marks, logos and trade names on the website belong to Saxon leather Upholstery Limited.
11 MISCELLANEOUS
11.1 Each of our remedies is a separate remedy and operates without prejudice to any other remedy.
11.2 Any payment or reimbursement to be made by you under our contract with you or under these Terms and Conditions shall bear Interest (both before and after judgment) from the date the payment or reimbursement fell due until payment is made. Interest is at the rate 4% above the base rate from time to time of Barclays Bank plc.
11.3 Any notice agreement approval or decision of ours under these Terms and Conditions shall be in writing and no person dealing with or handling the Goods or providing services other than us has any right or authority to bind us in any way or to assume on our behalf any obligation express or implied.
11.4 Each of these Terms and Conditions shall be severable and distinct from one another and if one or more of such provisions is invalid or unenforceable the remaining Terms and Conditions shall not in any way be affected.
11.5 None of these terms and conditions affects your statutory rights and in case of conflict between these terms and conditions and your statutory rights, your statutory rights will prevail.
11.6 If you are two or more persons then your obligations shall be joint and several.
11.7 Any failure by us to enforce any of the Terms and Conditions or any delay in enforcing them shall not constitute a waiver of those Terms and Conditions.
11.8 We and you agree that persons who are not parties to the contract we make with you shall not be entitled by virtue of the Contracts (Rights of Third Parties) Act 1999 to the benefit of the contract or be entitled to enforce any of its terms.
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11.9 These Terms and Conditions shall be governed by and construed in accordance with UK law and you hereby submit to the non-exclusive jurisdiction of the UK Courts.