Terms & Conditions
In these conditions:-
1.1 "You", the Buyer - Means the person who accepts a quotation or offer from Vale for the sale of the goods, or whose order for the goods is accepted by Vale
1.2 Contract - Means the contract for the purchase and sale of the goods under these conditions
1.3 "These Conditions" - Means the standard terms and conditions set out in this document and include any special terms and conditions agreed in writing between you, the buyer and Vale, the seller
1.4 Delivery Date - Means the date on which the goods are to be delivered as agreed between you and Vale
1.5 Goods - Means the goods (including any instalment of the goods or any parts for them) which Vale is to supply in accordance with these conditions
1.6 "Vale" - The seller, Vale Garden Houses Ltd, registered at Belton Park, Londonthorpe Road, Grantham, Lincolnshire, NG31 9SJ. A company registered in England under registration number 2896406
1.7 "In Writing" -includes any communications effected by letter, telex, facsimile transmission, electronic mail or comparable means
1.8 The headings in these conditions are for convenience and shall not affect the interpretation p>
2. Conditions Applicable
2.1 The website is owned and operated by Vale. Vale provides access to the website and sells goods to you subject to these conditions
2.2 The conditions shall apply to the contract to the exclusion of all other terms and conditions which you may claim to apply under your purchase order, confirmation of order or similar document. Any variation to the conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed by Vale in writing.
2.3 Any representations made by Vale's employees, or agents, concerning the goods shall not be incorporated into the contract unless confirmed by Vale in writing and in entering into the contract you acknowledge that you do rely on and enforce any claim for breach of such representations which are not so confirmed.
2.4 Any brochures, website and photographs are intended as a general guide only and any clerical or other error or omission in any sales literature, quotation, price list, order confirmation or invoice on Vale's website or other documentation, or any information issued by Vale, shall be subject to correction. Should this fundamentally alter your rights, you may be entitled to cancel the contract without liability.
2.5 Any quotation given by Vale may be withdrawn by Vale at any time prior to acceptance by you and in any event shall lapse after thirty (30) days.
3. Contract and Orders and Specifications
3.1 When placing an order for the purchase of goods from Vale, Vale will send you an Order Confirmation (by email or letter).Once monies are received along with a signed Order Confirmation the order will then be processed.
3.2 The goods shall be supplied in such quantities and instalments as detailed on the Order Confirmation.
3.3 When you require goods to comply with a specification, such specification shall be supplied to Vale at the time you place your order. Any alteration to contract specification required by you must be notified to Vale before despatch of the goods, in which case, Vale may, at discretion, accept such alteration and the contract specification be amended accordingly, if possible. However, Vale reserve the right to make any changes in specification of the goods which are required to conform with any applicable safety or other statutory requirements which do not materially affect their quality or performance.
3.4 If such alteration changes any aspect of the Order Confirmation (including the price) and is accepted by Vale, then Vale will issue a new Order Confirmation to you. You shall not be entitled to reject the goods, by reason only of reasonable variations of dimensions, colour or texture from design or other drawings or samples supplied (See Clause 12). Any brochures, website or photographs are intended as a general guide only and are for indicative purposes only and may vary from final goods design.
3.5 Many of Vale's goods are handmade from natural materials including glass, stone, metal and wood accordingly. Variations in colour, grain, veining and other natural characteristics are inevitable and such variations do not affect the material or performance of the goods and shall not be deemed as a change to the contract specification.
4.1 All items must be paid for in full at time of order unless:
A) The client is having a conservatory built by ourselves
B) If the item is a bespoke item - then the item needs to be paid for in full 7 days before delivery
4.2 In these instances a 50% deposit will be taken as confirmation of the order. The remainder will be invoiced when the goods are ready to be released and you will have 7 working days in which to pay Vale. Goods will not be released until full payment is received.
4.3 Payments are acceptable by cheque made payable to Interiors by Vale, Visa or Debit Card and Bank Transfer
4.4 No payments will be deemed to have been made until Vale is in receipt of clear funds. Any deposit paid by you is non-refundable unless you are eligible to cancel the contract (see Clause 10 below)
4.5 The company reserves the right to apply a surcharge on credit card transactions by way of a handling or processing charge.
5. Visual Representation
5.1 We have tried to represent our products and fabrics as accurately as possible on the website. Whilst we endeavour to represent our samples and colours accurately, colours will vary between computer screens and this is out of our control. Therefore, we recommend that you request a free sample prior to ordering unless slight differences in appearance are not important in your decision to order. A sample will also be sent out with your order confirmation which you will have to sign off and return as acceptance.
6.1 Samples are a close representation of the fabric you choose but not always as an exact match as there are often slight variations in colour between manufacturing batches. We will match the colour of fabrics to the samples chosen as accurately as possible but variations may occur. Please do not assume that goods ordered at different times will match exactly as most items will have batch colour variations.
7.1 Unless otherwise stated by Vale, all prices are inclusive of VAT but exclude any delivery costs. Delivery costs can be obtained through Vale but are dependent on delivery address and item/s delivered.
7.2 Confirmed price of goods and delivery charge will be confirmed at the time you place your order with us.
7.3 The price of Goods will be advertised on the website but Vale reserve the right to change prices and specifications without notice.
7.4 Where Vale has quoted a price for goods other than in accordance with Vale's published brochure and website, the price quoted shall be valid for 30 days only or such lesser time as Vale may specify.
8.1 Dimensions in all cases are approximate. There are likely to be slight variations from the sizes indicated as most furniture is handmade and unique.
9. Delivery & shipping
Paint and smaller items will be dispatched by courier and will normally be delivered within 7 working days.
If a delivery price is not included in the price of the goods, you will be advised on a delivery price when you enquire with us.
Freight - Stone/Heavy items
Extremely heavy items will be delivered by a freight company. Prices will depend on location and quantity. Items will be craned off the lorry to kerb side only. It is your sole responsibility to move these and put in place by your own means. We will advise on delivery prices on application as this is determined by weight of item/s.
Vale’s delivery service will vary depending on goods ordered and we will notify you at point of order for the number of men required for your delivery dependant on the size and weight of the goods. On arrival your item/s will be placed in a ground floor room of your choice, subject to this being easy to access through a doorway and corridors etc. Please note that they will not normally negotiate any stairs with any item. All packaging will be taken away for recycling.
Please make sure you measure correctly before ordering any furniture. Consider doorways, walkways and limited access areas which the furniture will have to pass through. It is your sole responsibility to advise us of any awkward or unusual requirements for your delivery i.e. lifting goods over walls or negotiating through difficult access points or windows etc.
If you fail to take delivery of goods as we are unable to make the delivery, Vale will store the product and reserves the right to charge the costumer all reasonable costs of storage including insurance and/or reserves the right to require immediate payment as though delivery has been made if any outstanding payment is due.
If you have not advised us and of any special requirements and we have not built this into our delivery costs, we reserve the right to charge for any additional costs incurred if found necessary.
9.1 Vale will use its best endeavours to ensure the goods conform to the description in the Order Contract at the point of delivery
9.2 The goods will remain at Vales (the sellers) risk until it has been delivered and signed for at which point risk passes on to you (the buyer)
9.3 Any delivery dates indicated at the point of confirmation of order are estimates only and Vale cannot be held responsible for loss, damage or expense suffered by you through delay in delivery from these estimated dates. Where delivery is time sensitive to you (the buyer) Vale cannot be held responsible for late delivery, unless previously agreed in writing.
9.4 You must inspect products immediately on delivery. If any products are damaged, you, the customer, must notify Vale in writing within 3 working days of delivery.
9.5 If goods are delivered in instalments at your request, each instalment will be treated as a different delivery and so charged accordingly.
9.6 Please note that we require a signature upon delivery of your order, and that we cannot deliver to multiple/alternative addresses in the event of you not being able to take delivery at your primary address as stated on the order.
9.7 Vale shall not be held responsible for any loss, damage or expense arising from any reasonable or unavoidable delay in delivery.
10. Returns/Refunds and Contract Cancellation
Items held in stock
10.1 Returns and exchanges are at the discretion of Vale. Providing items held in stock are in a saleable condition and in their original packaging Vale will make a full refund, less any expenses occurred if the items are returned within 14 days of purchase. In such circumstances, the cost of returning the goods are your responsibility and the goods remain your responsibility until they reach Vale.
10.2 In the rare event that goods are delivered faulty or damaged a full refund may be given. Vale must be notified and we will arrange to collect and replace or refund.
10.3 You may cancel a contract of non-bespoke items at any time within 14 working days beginning on the day you received your goods. To cancel an order you shall inform Vale in writing and return the goods immediately by special delivery at your own costs and risk in the same condition in which you received them/it without limitation unused and in original packaging and in re-saleable condition with proof of purchase. You shall ensure that all reasonable care is taken whilst the goods are in your possession.
10.4 When you return goods to Vale, Vale will examine the returned goods and will notify you of any refunds via e-mail or otherwise within a reasonable time. Vale will usually refund any money received from you using the same method originally used to pay for the goods. Vale will usually process the refund due to you as soon as possible or within thirty (30) days of the day Vale received your cancellation request in writing.
Items made or purchased to order
10.5 If you need to amend or cancel your made to measure furniture or upholstery order, you may only do so up to 48 hours after you have placed your order by contacting our customer services department. After 48 hours, we reserve the right to charge you for any costs we have incurred relating to your cancelled or amended order.
10.6 Goods made to order (bespoke items) are not returnable. If bespoke items are damaged or faulty, the delivery driver must be notified on delivery and it then put in writing to Vale within 3 working days of receipt. We will then inspect the goods and if found to be faulty, Vale will cover costs to repair any damage or fault to the bespoke item. We will not accept responsibility for visible defects not reported within the 3 days.
10.7 Fabric cannot be returned unless faulty in which case a full replacement will be made.
11. Personal Information and security
11.1 We will treat all your Personal Information as confidential. By returning any Order Confirmation to Vale duly completed, you allow Vale to use your personal details for the purposes of supplying the goods, including passing on your details to Vale employees and agents. Vale will retain your details on Vale's customer database and may additionally contact you in the future by ordinary mail to seek customer feedback and inform you of any of Vale's new products. Otherwise, Vale will not use your details for their purposes without asking for consent as required by law.
11.2 Vale will respect the privacy of your personal data and will comply with all relevant and current data protection legislation. Vale will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
12. Consumer Contracts Regulations 2013
12.1 The Consumer Contracts Regulations (which allow consumers a fourteen day cooling off period after purchasing and a right to cancel the order during this period) do not apply to bespoke goods. A cancellation during this period needs to be agreed between the customer and Vale on a case by case basis. In this instance the deposit will be held by Vale to cover such costs at this point.
12.2 Return delivery costs are to be paid by the customer and items remain the responsibility of the customer until they have been checked and are accepted back by Vale.
12.3 Vale reserve the right to make a charge for wear and tear to the items that prevent them being resold in their original condition. This may include opened or damaged packaging, as well as damage to the actual item.
13.1 Vale provides no additional guarantees. This does not affect your statutory rights.
14. Care of furniture
14.1 Vale cannot be held responsible for any damage caused by cleaning or maintenance.
14.2 Any FR fabric should be professionally cleaned only.
14.3 Do not assume that if a dry clean only label is not present that cushions covers can be washed at home. Please contact our staff for advice on cleaning fabrics.
15.1 This website and brochure, including all content, is copyright protected, all rights reserved. Material may be copied for private and domestic use. For other uses, please contact Vale for permission.
16. Third Party Rights
16.1 A person who is not a party to the contract shall have no rights under the contract pursuant to the Contracts Act 1999 (Rights of Third Parties).
17. Consumer Rights
17.1 The provisions of these Terms and Conditions are in addition to and do not affect the Buyer's statutory rights as a consumer.
18. Governing Law and Jurisdiction
18.1 The contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
19.1 Accept as otherwise provided, nothing in this contract shall confer on any third party, any benefit or the right to enforce any terms of this contract.
19.2 You shall not assign, dispose or otherwise transfer any rights (including benefits whether relating to any warranty or guarantee or otherwise) or obligations that it may have under the contract to any third party without Vale's written consent.