Terms & Conditions
1. Definitions
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 includes 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 telex, facsimile transmission, electronic mail or comparable means
1.8 The headings in these conditions are for convenience and shall not affect the interpretation
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2.5 Any quotation given by Vale may be withdrawn by Vale at any time prior to acceptance by you and in any event shall lapse after thirty (30) days.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 alterations change 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. Payment
4.1 All items must be paid for in full at time of order unless:
- The client is having a conservatory built by ourselves
- 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 are 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 charge 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 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. Samples
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. Pricing
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. Dimensions/Measurements
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
9.1 Vale will use its best endeavours to ensure the goods conform with 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 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. For avoidance of doubt, time is not the essence of the Contract unless agreed by Vale 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 If you fail to take delivery of the goods or fail to give Vale adequate delivery instructions at the time stated for delivery (e.g. access issues), Vale will store the product and reserves the right to charge the customer 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 payments are due.
9.8 Vale shall not be held responsible for any loss, damage or expense arising from any reasonable or unavoidable delay in delivery caused by circumstances beyond our control such as war, Government strikes, lockouts, fire, and breakdown of machinery
10. Returns/Refunds and Contract Cancellation
10.1 Goods made to order (bespoke items) are not returnable unless damaged or faulty. In this case, the delivery driver must be notified on delivery and then it put in writing to Vale within 3 working days of receipt.
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 Returns and exchanges are at the discretion of Vale. Providing goods are in a saleable condition and in their original packaging Vale will make a full refund, less any expenses occurred. In such circumstances, the cost of returning the goods are your responsibility and the goods remain your responsibility until they reach Vale. If the item is made to order, bespoke, a full refund will not be offered due to the Distance Selling Act (see clause 12). Vale will cover costs to repair any damage or fault to the bespoke item.
10.4 Any faulty goods returned will be refunded in full and any delivery costs incurred by yourselves for sending the goods back will also be refunded by Vale.
10.5 You may cancel a contract at anytime within fourteen working days beginning on the day you received your goods. To cancel a contract 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 procession.
10.6 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 and in any case, within thirty (30) days of the day Vale received your cancellation request in writing.
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 Protection (Distance Selling) Regulations 2000
12.1 The Distance Selling Regulations (which allow consumers a seven 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.
13. Guarantees
13.1 Vale provides no additional guarantees
14. Care of furniture
14.1 Vale cannot be held responsible for any damage caused by cleaning or maintenance that did not follow guidelines.
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. Copyright
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. General
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.