Terms and Conditions

Simon Horn Furniture Limited

Terms and Conditions of Sale

Our terms

      • 1.1. When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control is defined in clause 14.2;
Goods the goods that We are selling to you as set out in the Order;
Order your order for the Goods on an Order Form as set out overleaf;
Order Form the order form used by Us from time to time which may be (a) based on a quotation or (b) comprise the order process for goods on Our website;
Terms the terms and conditions set out in this document; and
We/Our/Us Simon Horn Furniture Limited, 1 Jacobs Yard, North lane, Buriton, Hampshire, GU31 5RR
      • 1.2. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

      • 2.1. These are the terms and conditions on which We supply Goods to you.
      • 2.2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign or submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
      • 2.3. When you sign and submit the Order Form to Us, this does not mean We have accepted your order for Goods. Any quotation given by Us does not amount to an offer and We reserve the right to withdraw or revise a quotation at any time prior to Our acceptance of an Order. Quotations are valid for 30 days.
      • 2.4. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Goods, We will inform you of this in writing and We will not process the Order.
      • 2.5. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
      • 2.6. We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
      • 2.7. The images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
      • 2.8. Although We have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated are approximations. If exact sizes are required, details must be entered onto the Order Form.
      • 2.9. Due to variations between batches, We cannot guarantee precise matching, graining or shading between different items within its product range. We cannot guarantee shade matching for any furnishing fabrics and linens purchased at different times.
      • 2.10. We reserve the right to alter specifications of our products from time to time without notice and reserve the right to discontinue any of products without notice.

      • 3.1. We may revise these Terms from time to time and also to reflect changes in relevant laws and regulatory requirements.
      • 3.2. If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 10.
      • 3.3. You may make a change to the Order for Goods within 7 calendar days of placing an Order by contacting Us, except in the case of made to measure Goods. Where this means a change in the total price of the Goods, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 10.1 in these circumstances.
      • 3.4. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 10. In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
      • 3.5. We reserve the right to cancel any order and dispose of the Goods at any time before full payment is received for the Goods. If We exercise this right, We will advise You in writing by recorded delivery. Goods will be disposed of 21 days after the notice was sent.

      • 4.1. We make the Goods according to the measurements you provide Us. You can find information and tips on how to measure in Our brochure or on Our website, or by contacting Us.
      • 4.2. Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made to measure Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made to measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

      • 5.1. The price of the Goods will be set out in the Order Form, or in default, Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
      • 5.2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
      • 5.3. The prices for the Goods exclude delivery costs, which will be added to the total amount due.
      • 5.4. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated the Order Form, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
      • 5.5. You must make payment for 50% of the price of the Goods by credit or debit card when ordered. The remaining balance will be due within 14 days of when We notify you in writing that the Goods are available for delivery (whether or not the Goods are delivered within this time, or stored by Us in accordance with clause 7 below).
      • 5.6. We accept payment by cash, cheque and the following credit/debit cards: Maestro, Visa, Mastercard and American Express.
      • 5.7. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
      • 5.8. However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 5.6 will not apply for the period of the dispute.

      • 6.1. Please note that Estimated Delivery Periods and delivery charges will vary depending on the availability of the Goods and your address.
      • 6.2. Goods will be delivered to the address specified on the Order Form. If You subsequently change the address for delivery of the Goods We reserve the right to change the delivery charge.
      • 6.3. Where the Goods are to be delivered outside the UK, We will at your request either:
        • 6.3.1. instruct an international carrier to deliver the Goods to your overseas address. We will deliver the Goods to that carrier’s premises in the UK, where the Goods will be deemed delivered by Us. The cost of such delivery will be charged to you; or
        • 6.3.2. deliver your Goods to the UK premises of an international carrier nominated and paid for by you. The Goods will be deemed delivered by Us when We deliver them to the carrier’s UK premises.
      • 6.4. We will contact you with an estimated delivery period for the delivery of the Goods (“Estimated Delivery Period”). Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities when this happens.
      • 6.5. Where We are supplying Goods that are made to measure, We will endeavour to deliver the Goods to you within the Estimated Delivery Period provided. However, it may be the case that delivery of made to measure Goods will be delayed due to our suppliers not being able to provide the materials needed to manufacture the Goods. If this is the case, We will contact you and provide you with a new estimated delivery period (“Revised Delivery Period”).
      • 6.6. If you have asked to collect the Goods from Our premises, provided We have received full payment for the Goods in cleared funds you can collect the Goods from Us at any time during Our working hours of 10am – 6pm Monday to Saturday, We are not open during public holidays.
      • 6.7. Goods will be assembled where appropriate.
      • 6.8. If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this.
      • 6.9. Any shortage or defect in the Goods apparent on delivery must be notified on the carrier’s delivery note and any claims notified to Us within one working day of delivery.
      • 6.10. If we cannot deliver the Goods to you by the last date of the Estimated Delivery Period or the last date of the Revised Delivery Period, then you may cancel your Order straight away if any of the following apply:
        • 6.10.1. We have refused to deliver the Goods;
        • 6.10.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
        • 6.10.3. you told Us before we accepted your order that delivery within the delivery deadline was essential.
      • 6.11. If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 6.10, you can give Us a new deadline for delivery, which must be reasonable, and you can cancel if your Order if we do not meet the new deadline.
      • 6.12. If you do choose to cancel your Order for late delivery under clause 6.10, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to Us or allow Us to collect them, and We will pay the costs of this. After you cancel your Order We will refund any sums you have paid to Us for the cancelled Goods and their delivery.
      • 6.13. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us and the Goods will be your responsibility from that time.
      • 6.14. You own the Goods once We have received payment in full.

      • 7.1. We will store and insure Goods for a maximum period of one month from the date We notify you that the Goods are ready for delivery. This is provided all balances due are paid in full upon such notification.
      • 7.2. If the Goods are stored by Us for more than one month, storage and insurance will be charged at a weekly rate of 3% of the total value of the Goods including VAT until delivery or cancellation occurs.
      • 7.3. In the event of cancellation by you, sums already paid will be returned less any amounts which are due for storage.

      • 8.1. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
      • 8.2. Where the Goods are found to be faulty, We reserve the right to carry out repairs or replace the Goods. If you ask Us to carry out repairs to the Goods, We will arrange this with you and confirm the details in writing. Where any of our Goods are made from or contain wood, you acknowledge that such wood will naturally contain variations in its graining. Wood grain variations within our Goods will not entitle you to claim that the Goods are faulty, of unsatisfactory quality or not fit for purpose.
      • 8.3. No unauthorised repairs shall be made to the Goods.

      • 9.1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
      • 9.2. If We are installing the Goods in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
      • 9.3. Where We have not delivered or fitted the Goods for you, We accept no liability for any loss or damage you suffer from fitting or delivering the Goods yourself or through using a third party to fit or deliver the Goods. We accept no responsibility for any loss or damage arising from Your misuse of the Goods.
      • 9.4. It is your responsibility to ensure all obstructions are removed so that the Goods can be delivered and installed by Us. Should you require Us to move or dismantle any of your property in the course of the delivery, We may charge you. We will confirm any charges with You before such work is undertaken.
      • 9.5. We will not remove or dispose of any unwanted items.
      • 9.6. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      • 9.7. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
      • 9.8. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
      • 9.9. We do not exclude or limit in any way Our liability for:
        • 9.9.1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
        • 9.9.2. fraud or fraudulent misrepresentation;
        • 9.9.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
        • 9.9.4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
        • 9.9.5. defective products under the Consumer Protection Act 1987.

      • 10.1. You have the following rights to cancel an Order for Goods (other than made to measure Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
        • 10.1.1. you may cancel any Order for Goods within 14 calendar days of delivery of the Goods by contacting Us in writing or by email. Your legal right to cancel an Order for Goods starts from the date on which We e-mail you to confirm Our acceptance of your order. We will confirm your cancellation in writing to you;
        • 10.1.2. if you cancel an Order under clause 10.1.1 and you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you and any delivery charges;
        • 10.1.3. Unfortunately, if you cancel an Order for Goods under clause 10.1.1 and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered or collected. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. Returned goods must be returned in their original packaging. This will not affect your refund for the Goods themselves, unless the goods show any damage, in which case cost of repair will be deducted from any refund. We will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
      • 10.2. Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described). Under exceptional circumstances we may in our absolute discretion accept a cancellation or return of a made-to-measure item. In these circumstances, we reserve the right to charge you a re-stocking fee.

      • 11.1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
        • 11.1.1. we will promptly contact you to let you know;
        • 11.1.2. if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
        • 11.1.3. where We have already started work on your Order for made to measure Goods by the time We have to cancel under clause 11.1.1, We will not charge you anything and you will not have to make any payment to Us.

      • 12.1. Save for the rights excluded by clause 14.2 all copyright, design rights and other intellectual property rights relating to the Goods shall be the Our property and nothing in this agreement shall operate to assign any such Intellectual Property rights to you.
      • 12.2. Where we produce or design made to measure or bespoke goods for you (“Excluded Goods”), all Intellectual Property rights to those Excluded Goods shall vest in and remain our property until such time as you have paid for those Excluded Goods in full. When You have paid for the Excluded Goods in full the Intellectual Property in those Excluded Goods will transfer to You.

    • LIEN
      • 13.1. We may decide to withhold delivery of all or some of the Goods or other property owned by you in the Company’s possession until you have paid all charges Payments and fees owed to Us in respect of Goods or services provided, even if the unpaid charges do not relate to the Goods concerned.
      • 13.2. We shall be entitled to off-set any sums owing to us from you against any sums owed to you by the Us.

      • 14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
      • 14.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
      • 14.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
        • 14.3.1. We will contact you as soon as reasonably possible to notify you; and
        • 14.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
      • 14.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with Our cancellation rights in clause 10.

      • 15.1. We are a company registered in England and Wales. Our company registration number is 08273930 and Our registered office is at Third Floor, 24 Chiswell Street London, EC1Y 4YX. Our registered VAT number is 150 9045 29.
      • 15.2. If you have any questions or if you have any complaints, please contact the manager of the shop you purchased the Goods. If your question or complaint is not resolved to your satisfaction, You can write to us at 1 Jacobs yard, North Lane Buriton, Hampshire, GU31 5RR.
      • 15.3. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to US at 1 Jacobs yard, North Lane Buriton, Hampshire, GU31 5RR or email info@simonhorn.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

      • 16.1. We will use the personal information you provide to Us to:
        • 16.1.1. provide the Goods;
        • 16.1.2. process your payment for such Goods; and
        • 16.1.3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

    • 17.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell you in writing if this happens, but this will not affect your rights under the contract or the obligations owed to you under the Contract.
    • 17.2. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
    • 17.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
    • 17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • 17.5. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
    • 17.6. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
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