Semper Hopkins Upholstery & Interiors Ltd (SHUI)
Kent Green Methodist Chapel, Cinderhill Lane, Scholar Green, Cheshire, ST7 3HR
Telephone 01260 609021 e-mail: email@example.com
Terms & Conditions of Business
Part A: Customised Upholstery & Furniture Services
1.1 These Conditions shall form the basis of the contract between SHUI and the client in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions which the client may purport to apply under any purchase order or confirmation of order or any other document.
1.2 Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
1.3 These Conditions represent the whole of the agreement between SHUI and the client. They supersede any other conditions previously issued.
1.4 Acceptance of terms and conditions. A copy of these terms and conditions (T&Cs) will be sent to you with a written quotation. On acceptance of the quote you are deemed to have entered into a contract with SHUI and accepted our T&Cs. Your acceptance is defined by the date on which you either accept our online quote (by pressing the accept button), the date of your email acceptance or date in which your written acceptance is signed and dated.
1.5 To avoid confusion telephone orders will not be accepted. Changes to orders can only be accepted in writing
2. Payment terms and interest
2.1 A 50% non-refundable payment is required for us to accept an order and for any work to commence. The balance is due in full on collection/delivery. A payment of 50% will form an acceptance of terms and conditions above.
2.2 Or for any order over the value of £1200 a three stage invoice will apply 50% deposit, a further 25% half way through the project and the 25% balance on completion.
2.3 Interest on overdue invoice will be charged at 8% per month or part thereof.
3.1 The price shall be the price quoted on the agreed SHUI quotation save as otherwise amended in these terms and conditions.
3.2 Carriage and delivery charges will be extra. The client can choose to collect or have delivered. The client must on acceptance of the quote confirm if they will collect or if SHUI is to arrange delivery. The client can arrange their own delivery if required. The cost of delivery will be covered by the client, unless the item is collected from our premises by the client.
3.3 Any additional instructions must be confirmed in writing and a price agreed for the additional work and materials before the work can proceed. Additional work, which may not be apparent when the estimate is provided, will be advised to the client on discovery and a course of action agreed. This includes frame repairs, which are hidden by upholstery.
3.4 Prices quoted stand for 30 days.
4. The Goods
4.1Customised upholstery and furniture
4.1.1 SHUI shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and SHUI shall notify the client in any such event.
4.1.2 All new fillings applied to furniture manufactured after 1950 will be in compliance with the Furniture and Furnishing (Fire)(Safety) Regulations 1988. All new covering fabric supplied by us will comply with the regulations with the exceptions of covers which contain 80% natural fibres, when it is acceptable to use an interliner which complies with the regulations. Furniture manufactured prior to 1950 does not come within the scope of the 1988 Regulations with regard to filling or cover.
4.1.3 We do our best to advise customers of the suitability of fabrics whether supplied by us or not, however, we can only take responsibility for materials which are supplied by us only; covering fabric supplied by the Client is at their own risk. Shortage of covering fabric supplied by the Client is the Client’s responsibility.
4.1.4 When the client supplies their own materials, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with regard to Fire Safety (as described in clause 4.1.2) It is also the clients responsibility to check the address details before arranging dispatch of fabrics to SHUI.
4.1.5 SHUI must be given clear written instructions regarding Fabrics being sent direct to SHUI and the clients name must be clearly marked on the delivery note so we can check on your behalf that the correct fabric has been received.
4.1.6 Please request fabric companies to roll all fabrics on tubes, with no more than one fabric per tube. One continuous length of fabric should be used unless an extra amount is taken into account for pattern matching. We will do our best to remove creases but this cannot be guaranteed.
4.1.7 SHUI cannot be held responsible for fabric flaws. If we cannot cut around them you will notified.
4.1.8 Where printed and woven fabrics will not pattern match accurately, we will inform you for further instructions. We reserve the right to add a surcharge to the mark-up costs where fabrics, woven or printed off-grain, require extra time to make and where fabrics and patterns behave unexpectedly.
4.1.9 SHUI cannot be held responsible for the present or future behaviour of the treatment/fabric/trims, such as wear and deterioration, stretching, shrinking, staining, cleanability, fading or damage to person or property where the client has acted against the manufacturer’s/retailers instructions. i.e. Washing/cleaning instructions, steaming etc.
4.1.10 All old covers will be removed prior to upholstery and will be discarded unless the client advises that they are to be returned. This advice must be written into the order.
4.1.11 We reserve the right to apply a 15% surcharge for handling fabrics not supplied by us. There will be a surcharge if we are given many small pieces from which to make a product.
4.1.12 SHUI reserves the right to refuse any item of furniture into the workshop if a) it has any kind of live infestation e.g. woodworm b) it requires extensive repairing or c) is deemed unsafe to work on.
4.2 Wood Products, Materials and Design
4.2.1 By the very nature of both the materials we use and the type of industrial furniture we are producing, our wood could contain all of the following characterful traits: (which are expected within each piece and for which we are unable to offer any kind of discount or refund)
Hopefully all of these attributes will add to the uniqueness of your piece, but should you want your piece to be reduced from this type of rustic character as much as possible, or let us know that you need a surface extra flat/smooth etc so that we are able to quote accordingly.
4.2.2 SHUI always endeavours to choose the best pieces of wood for orders, however there will still be knots, varied wood grain and colour, depending on the wood we have in stock.
4.2.3 Waney Edge items are different every time and can add high levels of character.
4.2.4 We will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from the customer’s personal preference on wood grain, pattern, knots, colour variation or any other naturally occurring elements. Natural wood is varied and beautiful and the grain can even change in the same piece.
4.2.5 All wood species can react to exposure to sunlight, changes in temperature and humidity. We cannot be held responsible for changes in the wood due to environmental factors, once delivery has been made. We make our furniture with wood movement in mind; however we can’t take responsibility should the piece react to the humidity of your own environment. In very dry settings this could lead to cracks/movement; likewise a very humid or wet environment could cause the wood to warp, and joints to separate. Our furniture is not suitable for outdoor use, or use in bathrooms and wet-rooms unless specified.
4.2.6 All our products can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so, and some hardware such as nuts and bolts may protrude – please allow for +/- 25mm on all dimensions. (Or about 5%). The tolerances are likely to mainly occur in the height and depth of the piece as we are using solid boards which can vary slightly in size depending on how much each particular board needs sanding.
IF YOU REQUIRE AN EXACT SIZE FOR YOUR ITEM, FOR FITTING INTO AN ALCOVE FOR EXAMPLE, PLEASE MAKE SURE TO SPECIFY THAT THE MEASUREMENT NEEDS TO BE EXACT. We can’t take responsibility for an item which doesn’t fit or is too small if the measurement is under the 5% of tolerance.
4.2.6 Due to the nature of the finishes applied to our product, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.
4.2.7 When working to customers’ design specifications and drawings SHUI will not be held responsible for issues with design, functionality, or stability/wood movement, unless a sample product is ordered or testing is paid for. SHUI endeavour to insure any product ordered sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter a customers’ design we will charge accordingly.
4.2.8 We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product and it’s functionality.
4.2.9 Our finishes will need maintaining, depending on use. In particular, dining tables and desks will need re-coating every 6 months. For general cleaning and maintenance please refer to our Care Guide.
5. Notice of Right to Cancel
5.1 If you wish to cancel this contract you must do so in writing and deliver personally or by post to SHUI confirming that you wish to do so within 7 days from acceptance of our quote and T&Cs. We do not accept such cancellation notice by email. Any deposits paid will be refunded in full. However, please note that work will not commence until the 7 days of such acceptance have passed.
6. Delivery of Items
6.1 SHUI endeavours to deliver items by the specified time and date, providing that the materials to complete the work are available at the time the work is to be undertaken. However, situations may arise which means the work takes longer or requires additional materials not foreseen. SHUI will endeavour to keep the client informed at all times of supply problems or other factors, which can affect delivery times.
6.2 If the client wishes for SHUI to deliver the items, delivery of the items shall be made to the client’s address. The client shall make all arrangements necessary to take delivery of the items on the day notified by SHUI for delivery.
6.3 SHUI undertakes to use its reasonable endeavours to dispatch the items on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
6.4 Holiday cut-off dates: You will be given written notice of any holidays or order cut off dates that may impact the completion date of your order
6.5 If the client fails to take delivery of the items on the agreed delivery date or, after SHUI has given written confirmation to the client that the item is ready for collection and the client fails to collect within fourteen days of such notification SHUI shall be entitled to store and insure the items and to charge the Buyer the reasonable costs of so doing and charge for any additional deliveries.
6.6 SHUI reserves the right to dispose of all Items of furniture held at our workshops for two months or longer without having received a deposit, clear instructions and fabric being supplied by the client.
7. Acceptance of the Goods
7.1 Any problems with an order, whether the fault of the client or SHUI, must be brought to the attention of SHUI within two days of delivery/completion. Thereafter charges will be made for any corrections. SHUI will not be held responsible for charges if the client uses a third party to make any corrections or changes. The client will still be responsible for the original invoice. Charges will be made for corrections that are not the fault of SHUI or for additional works/changes not forming part of the original quotation.
7.2It is the client’s responsibility to ensure any items of furniture can fit into their property before placing an order. SHUI will not be held responsible if it does not fit into your premises. If the client requires SHUI to make any changes to rectify the position the client will be responsible for our additional costs.
8 After Sales Services
SHUI operates a customer complaints procedure which is designed to address any customer concerns in a timely and satisfactory manner. All complaints must be in writing and made to: firstname.lastname@example.org or post to Kent Green Methodist Chapel, Cinderhill Lane, Scholar Green, Cheshire, ST7 3HR with the details and will be responded to within 14 days. You can also contact us by telephone on 01260609021 Our office hours are: 9.00am-4:00pm Monday to Thursday
9. Title and risk
9.0 Risk shall pass on delivery of the Goods to the client’s address or upon collection by the client from our premises.
10. Clients obligations
10.1 The Client shall:
10.1.1 Ensure that the terms of the Order are complete and accurate;
10.1.2 Co-operate with SHUI in all matters relating to the Services;
10.1.3 Provide SHUI with such information and materials as SHUI may reasonably require to supply the Services and ensure that such information is accurate in all material respects;
10.1.4 Obtain and maintain all necessary licenses, permissions and consents which may be required for the Services before the date on which the Services are to start; and
10.2 If SHUI performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the client or failure by the client to perform any relevant obligation (Client Default):
10.2.1 The client shall reimburse SHUI on written demand for any costs or losses sustained or incurred by SHUI arising directly or indirectly from the client default.
10.2.2 SHUI shall without limiting its other rights or remedies have the right to suspend performance of the Services and obligations until the client remedies the client default.
10.2.3 SHUI shall not be liable for any costs or losses sustained or incurred by the client arising directly or indirectly from SHUI’s failure or delay to perform any of its obligations as set out in this clause 9.2.
11. Limitation of Liability:
11.1 Subject to clause 13.1:
11.1.1 SHUI shall under no circumstances whatever be liable to the client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the service provided.
12. Force Majeure
12.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of SHUI including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of SHUI or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
12.2 SHUI shall not be liable to the client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
12.3 If the Force Majeure Event prevents SHUI from providing any of the Services and/or Goods for more than 4 weeks, SHUI shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the client.
13.1 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.2 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Part B: Online Shopping
All our items on our website are subject to availability. To purchase any of the items on our website, click the ‘Add to basket’ button shown alongside each item which will lead you to the Cart. You can choose to pay securely using credit/debit card or via PayPal’s secure payment website. Upon receipt of your payment we will send you an email confirming your order, payment and advising you of the dispatch date. By placing an order with SHUI you are accepting the terms and conditions of the business as laid out below.
Please note when buying any items from us even after the restoration process each piece can still have blemishes, marks or dents that we are unable to correct due to the age of the piece because our products are made from vintage, antique and reclaimed materials.
All prices are in pounds sterling. Delivery charges are not always included in the prices quoted. We accept payment by most major credit and debit cards via PayPal. Payment is taken once we have established we can fulfil your order, checked details and stock availability.
The website details which large items cannot be sent in the post. The purchaser can choose to collect or have delivered. The purchaser can arrange their own delivery or we can arrange if requested. The cost of delivery will be covered by the purchaser. Dispatch times for smaller items are detailed on the website and are specific to each product. It is a customer’s responsibility to check the condition of the goods upon receipt and to report any damage to the carrier and/or SHUI. See clause B.6 for damaged or faulty goods return policy.
Clauses 6.1, 6.2, 6.3 and 6.5 apply to this clause B.3
4. Cancellation & returns policy
You have the right to cancel the order within 14 working days from delivery (starting the day after you have received the goods). It is your responsibility to give notice of your wish to cancel within this cancellation period by letter or e-mail. You have a duty to take reasonable care of the goods and to make them available for collection within 14 working days of cancellation. The goods must be returned in the same condition as received and these return costs will be met by the purchaser. When you are sending items back to us we cannot accept liability for goods lost or damaged during transit. You are advised to wrap the product carefully to avoid damage. You are also advised to return goods by recorded delivery, registered post, or by courier. Proof of postage will not be accepted as proof of delivery. Please remember to give us your name and address, and a copy of your purchase receipt. Upon return we will then refund the price you have paid for the goods provided the goods are in the same condition as dispatched by SHUI. The purchaser is responsible for return postage. You will receive cancellation details with your order.
5. Damaged or faulty goods returns policy
If the product/order is damaged or faulty you must return the goods within 30 days, once we have received the goods back and established they were faulty we will replace them immediately by return. Prior to returning any goods please email email@example.com for a returns number which must be included with the returned goods along with your name and address. We cannot be responsible for goods of which are returned without the above information supplied.
When you are sending items back to us we cannot accept liability for goods lost or damaged during transit. You are advised to wrap the product carefully to avoid damage. You are also advised to return goods by recorded delivery, registered post, or by courier. Proof of postage will not be accepted as proof of delivery. Please remember to give us your name and address, and a copy of your purchase receipt
6. After Sales Services
SHUI operates a customer complaints procedure which is designed to address any customer concerns in a timely and satisfactory manner. All complaints must be in writing and made to: firstname.lastname@example.org and will be responded to within 14 days. You can also contact us by telephone on 01260609021 Our office hours are: 9.00am-4:00pm Monday to Thursday
Part C: Website Terms & Conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. This website contains material which is owned by or licensed to us. Reproduction of the website content is prohibited. Unauthorised use of this website may give raise to a claim for damages.
1.Cookies & Google Analytics
Our website is hosted by Flywheel and traffic log cookies are used to identify which pages are being visited. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer’s needs. We only use this information for statistical analysis purposes after which the data is then removed from the system. Overall cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.
Information collected by Google is stored on servers in the United States. Google then analyses this information to evaluate your use of the website. Google uses such data to produce reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also send this data to third parties if required by law, or where third parties process the information on Google’s behalf. Google will not associate your ip address with any other data held by Google.
SHUI collects the information provided by customers when they visit our website and a transaction or enquiry has taken place. Additional information may be collated as a consequence of the information the customers provide as feedback to our shop. As part of our continuous improvement policy, we may monitor customer site visits and usage to improve our service. It is our intention to only contact customers in relation to any queries they may have, purchases, or any after sales issues. We will not sell or release your personal information to third parties.
3 Disclosure of information
We will never intentionally pass on your personal information to anyone.
In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safe guard and secure the information we collect online.
5 Access Rights
You have a right to access personal data that is held about you. If you wish to see a copy of this, please send your request to: email@example.com
6 Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by SHUI and while we endeavour to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance that you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage from loss of data or profits arising out of or in connection with the use of the website. Every effort is made to keep the website up and running smoothly. However, SHUI takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issue beyond our control
7 Copyright Notice
The content of this website is copyright of SHUI – © Semper Hopkins Upholstery and Interiors Ltd. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except without express written permission distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.