These are the Terms and Conditions of Sale (“TCS”) of Christopher Farr Cloth Ltd. postal address Block E, 2nd floor 32/33 Chelsea Wharf, 15 Lots Road London, SW10 0QJ, Company Registration number: 3868176. VAT Registration Number GB744359612 (the “Company”)
They are to be read in conjunction with the Terms and Conditions for Users of the Company’s website (“TCW”) and together the “T&C”.
The Company shall sell and a customer shall purchase the Company’s goods and services (the “Goods”) in accordance with an order from a customer which is accepted by the Company and the T&C shall apply whether the sale is via the Company’s website (the “Website”) or otherwise.
“Goods” includes both Cloth fabrics and Accessories.
Purchasing of Goods via the Website is currently limited to customers in the UK and to the Goods so identified on the Website.
It is a condition of placing an order on the Website and purchasing Goods that the customer confirms having read, understood and agreed to these T&C. If the customer does not do so for any reason whatsoever, they will not be able to purchase goods from the Website or otherwise.
An order or acceptance of a quotation by a customer shall constitute only an order for Goods. No order or acceptance of a quotation received from a customer by the Company shall constitute a contract until accepted in writing by the Company with an Order Confirmation.
A contract will be formed for a sale on the Website when payment is received.
The T&C along with the Order Confirmation or purchase from the Website shall constitute the entire contract between the Company and the Customer (the “Contract”)
Except as otherwise required by applicable consumer law, no Contract may be cancelled or suspended by a customer unless otherwise agreed in writing by the Company at its sole discretion and on terms that the customer shall indemnify the Company, its officers, directors, agents, affiliates, licensors, and suppliers in full in full against all losses (including loss of profit), damages, costs (including costs of all labour used and work carried out whether completed or not, plus costs of all materials or goods used, purchased or manufactured) and expenses incurred as a result of such cancellation or suspension, such sums to be immediately due from the customer.
The quantity, quality, description of, and specification for Goods shall be those set out in the Order Confirmation or on the Website– plus or minus 10% for custom projects as per standard industry norms. Samples provided may not show the full design or display the colours accurately. All images on the Website or on other Company publications are for illustrative purposes only. The Company shall have no liability with respect thereto.
Prices and payments
The price of Goods shall be the Company’s price. Where no price has been quoted, or where a customer has been notified that a quoted price is no longer valid, the price listed in the Company’s published price list current at the date of the Order Confirmation or on the Website shall apply.
Unless stated otherwise, all prices are exclusive of VAT and any import duty or other tax will be the responsibility of the customer. The customer shall pay for the Goods in accordance with the terms set out in the Order Confirmation. Payment for Goods bought on the Website shall be made at the time of and part of the purchase. Time for payment shall be of the essence of the Contract. If payment is not made on or before the due date without prejudice to any other right or remedy, the Company shall be entitled to cancel or suspend any Contract between the Company and the customer.
Returns and exchanges
The Company does not accept returns or exchanges on Accessories. The Company does not accept returns or exchanges for Cloth fabric which has been cut, altered and/or hung. Returns and exchanges of Cloth fabric in other circumstances shall be accepted only at the sole discretion of the Company and then only if the claim is notified in writing to the Company within 7 days from the date of delivery and the customer pays a 30% restock fee at the time of return of the Cloth fabric.
Damage or lost goods
Risk of damage to or loss of Goods shall pass to the customer on delivery to the customer, or when possession of the goods is taken by a courier for delivery to the customer, if earlier. Packing, carriage and insurance charges in respect of the delivery of the Goods to the customer will be charged to the customer at the cost to the Company.
The Company shall have no liability for loss or damage to the Goods while in transit to the customer.
Delivery periods and dates are given in good faith but are not the subject of any warranty or condition and time shall not be of the essence of the Contract in these respects. All sales whether by Order Confirmation or on the Website are subject to availability and the Company shall have no liability if delivery periods or dates are not met for any reason whatsoever.
The Company shall have no liability in respect of any defect in the Goods arising from any drawings or specifications supplied by the customer.
Although the Company inspects the Cloth fabric prior to shipment, the customer has the ultimate responsibility for the final inspection and approval of the fabric before cutting or altering. Before cutting or altering the following items should be checked; Item number, Design name, Colourway, Meterage, Condition of fabric, Correct “FACE” side of fabric.
The Company shall have no liability for any labour costs incurred by the customer as a result of the cutting, altering or hanging of the Cloth fabric.
The Company shall have no liability if any defect or failure in the Goods, in the reasonable opinion of the Company, arises from wilful damage or misuse negligence by the customer or any third party, failure to follow Company’s instructions or alteration or repair of the Goods without the Company’s prior written approval.
If Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a request submitted by the customer, the customer shall indemnify the Company, it’s officers, directors, agents, affiliates, licensors, and suppliers in full against all losses, damages, costs or expenses claimed against, or incurred by, the Company in connection with, or paid, or agreed be paid, in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property right of any other party.
Any advice or recommendation given by the Company or its employees or agents to a customer as to storage, application or use of Goods which is not confirmed in writing by the Company or is not followed or acted upon in accordance with such written advice or recommendation is done entirely at the customer’s own risk.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, invoice or other document issued by the Company shall be subject to correction without liability on the part of the Company.
Limitations on Liability
If the Goods delivered are not what the customer ordered or are damaged or defective or the delivery is of an incorrect quantity, the Company’s only obligation will be, at the customer’s option to either make good any shortage or non-delivery; to replace any Goods that are damaged or defective; or to refund to the customer the amount paid for the relevant Goods.
Except where the Company cannot legally exclude or limit its liability it will not be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any direct, indirect or consequential loss, damage, cost or expenses howsoever arising under or in connection with the Contract; and the Company shall have no liability to pay any money to the customer by way of compensation other than to refund the amount paid for the relevant goods.
Nothing in these T&Cs shall limit or exclude any liability which cannot be lawfully excluded or restricted nor which affect the customer’s rights as a consumer
At the Company’s request the customer shall indemnify the Company, its officers, directors, agents, affiliates, licensors, and suppliers in full against all losses, damages costs and expenses incurred by the Company arising from any breach by the customer of the Contract, such sums to be immediately due from the customer.
If a customer breaches the Contract and the Company takes no action against the customer, the Company will still be entitled to use its rights and remedies in any other situation where the customer again breaches the Contract.
If a customer wishes to contact the Company in writing, or if any clause in the Contract requires a customer to give the Company notice in writing, the customer can send it by pre-paid post to the Company’s postal address above. If the Company has to contact a customer or give a customer notice in writing, the Company will do so by e-mail or by pre-paid post to the address on the Order Confirmation or the Website.
If any provision of the Contract becomes illegal, invalid or unenforceable that shall not affect the legality, validity and enforceability of any other provision of the Contract.
Changes to Terms and Conditions and Goods
The Company reserve the right to change these T&C as well as its Goods at any time at its discretion and without prior notice.
No variation of the Contract shall be binding except with the prior written agreement of the Company.
The Contract shall be governed by and construed in accordance with the laws of England and Wales and any dispute (including non-contractual disputes) arising out of the Contract shall be subject to the exclusive jurisdiction of the courts of England. Nevertheless where the customer resides outside the UK, the Company reserves the right to bring an action against the customer in, and according to the laws of, the customer’s country of residence.