These pages
contain information on the terms and conditions for purchases from
The Natural Selection.
Business Policies
All orders are subject to our full terms and conditions (below).
Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions
of sale
1. Definitions
1.1 "Buyer" means the person who buys or agrees to buy
the Products from the Seller.1.2 "Conditions" means the
terms and conditions of sale set out in this document and any special
terms and conditions agreed in writing by the Seller.1.3 "Delivery
date" means the date specified by the Seller when the Products
are to be delivered.1.4 "Products" means those goods specified.
1.5 "Price" means the price for the Products including
carriage, packing and VAT. 1.6 "Seller" means The Natural
Selection.1.7 "Consumer" shall bear the meaning ascribed
in section 12 Unfair Contract Terms Act 1977.
2. Conditions applicable
2.1 Nothing in these conditions shall affect the buyer's statutory
rights as a consumer.2.2 The Seller shall sell and the Buyer shall
purchase the products in accordance with any written quotation of
the Seller which is accepted by the Buyer, or any written or verbal
order of the Buyer which is accepted by the Seller including but
not limited to orders placed using the Seller's electronic online
ordering service, subject in any case to these conditions, which
shall govern the contract to the exclusion of any other terms and
conditions subject to which any such quotation is accepted or purported
to be accepted, or any such order is made or is purported to be
made, by the Buyer.2.3 Any typographical or clerical or other error
or omission in any sales literature, quotation, price list, acceptance
of offer, invoice or other document or information issued by the
Seller shall be subject to correction without any liability on the
part of the Seller.2.4 If any provision of these conditions is adjudged
invalid or unenforceable in whole or in part the validity of the
other provisions of these conditions and the remainder of those
provisions in question shall not be affected. 2.5 If the Seller
does not have sufficient stock to be able to deliver the goods ordered
by the Buyer then any sum paid by the Buyer will be refunded or
re-credited to your account and the Seller will notify you at the
address given by you in your order form. The refund will be made
as soon as possible and, in any event, within 30 days of your order
and the Seller will not be obliged to offer any compensation for
disappointment suffered.
3. The price and payment
3.1 Save as provided otherwise herein the Price shall be that as
stipulated in the Seller's published price list current at the date
of order of the Products. Any event of any increase in the cost
to the Seller of raw materials, labour, overheads, or any increase
in taxes or duties, or any variation in exchange rate the Seller
may increase the Price payable under the contract upon written notice.
If notice of price increase is given by the seller, the buyer shall
have the right to cancel the order and receive back any sums they
have paid. Notice of cancellation must be received in writing by
the seller within seven days of delivery of the notice of price
increase to the buyer.3.2 Payment of the Price shall be due at the
date of the order. Time for payment shall be of the essence. If
the Buyer does not pay the Price on notification of shipment the
Seller may bring an action for the Price even though property in
the Products has not been passed to the Buyer. If the Buyer fails
to make payment as required the Seller may suspend delivery of the
Products or any further Products ordered until payment is made in
full. 3.3 Interest on overdue invoices shall accrue from the date
when payment becomes due from day to day until the date of payment
at the rate of 2% above Barclays Bank Plc's base rate from time
to time in force and shall accrue at such a rate after as well as
before any judgment.
4. The products
4.1 The quantity and description of the Products shall be set out
in the Seller's quotation.4.2 The Seller may make any changes in
the specification of the Products which do not materially affect
their quality or performance required to conform with any applicable
statutory requirements where the Products are supplied to the Seller's
specification. 4.3 Photographs are for illustrative purpose only,
and may not exactly match the product itself.
5. Warranties
and liability
5.1 All goods supplied by the Seller come with a manufacturer's
warranty of at least 12 months.5.2 The Seller shall provide the
Buyer with such information as is required to claim under the manufacturer's
warranties. In the event of a claim, the Buyer shall in the first
instance contact the Seller's customer service department.5.3 The
Seller does not provide any warranty cover against defects in his
own right.5.4 If the Buyer is dissatisfied with his purchase for
any reason he may, within 7 days of delivery, contact the Seller's
customer service department to arrange for the return of the goods
at the buyers expense unless proved to be faulty. Any money which
you have paid will be refunded within 30 days provided that the
Seller receives the goods in the same condition they were in at
the time of delivery to you. This does not apply to any goods ordered
specifically for a buyer or that are custom made or altered at the
buyer's request. The Buyer's account shall then be credited with
the full purchase Price of the goods. This credit may be used to
buy items from the Seller's online catalogue. It may alternatively
be exchanged for a refund.5.5 Except where the Buyer acts as a Consumer
all other warranties, conditions and terms relating to fitness for
purpose, satisfactory quality or conditions of the products whether
implied by statute or common law or otherwise are excluded to the
fullest extent of the law.5.6 Insofar as is permitted by law, our
only liability to you under these terms and conditions will be,
at our sole discretion, to make good any shortage or non-delivery,
to replace or repair any goods which are received by you in a damaged
or defective state or to refund to you any sums actually paid by
you for the goods in question. We will not be liable to you for
any indirect or consequential loss or damage arising out of any
problem you notify to us and will have no liability to you for any
failure or delay in delivering goods or any damage or defect in
goods delivered which is caused by any event or circumstance which
is beyond our reasonable control. Nothing in this Clause 5 affects
your statutory rights as a consumer.
6. Delivery and Returns
6.1 Delivery of the products shall be made by the Seller or his
agent notifying the Buyer that the products are available for collection
at the Sellers premises or for delivery to such place as the Buyer
may specify at the time the order is placed.6.2 The Seller shall
use his reasonable endeavours to meet any date agreed for delivery.6.3
In any event time of delivery shall not be of the essence.6.4 The
Seller shall not be liable for any delay in delivery howsoever caused.6.5
In the case of goods purchased by credit card, those goods can only
be shipped to the credit card holders address (in order to protect
you, we carry out extensive checks to ensure that your card is not
being used fraudulently) and must be signed for on delivery.6.6
All orders for delivery to addresses within mainland GB are delivered
free of charge, except to areas where there is a delivery surcharge
where there will be a small additional charge which will be advised
prior to order confirmation.6.7 For delivery to Northern Ireland,
Isle of Man, Isle of Wight, Scottish Islands and Channel Islands
we will deliver free to a nominated mainland GB address e.g. a port.
Onward shipping from that point is the responsibility of the customer.6.8
Generally, where an order contains more than one item all items
will be delivered at the same time once all items are available.6.9
Where a delivery has been arranged either by us or one of our delivery
partners for a particular day it is the consumers responsibility
to ensure that they meet the time and day stipulated, if delivery
is attempted and no body is in to receive it then an aborted delivery
charge is applicable, which is the full cost of the delivery to you (this does vary depending on the size of order and also your location in the country. Delivery will be re-arranged for
another day. Delivery is deemed to have taken place when off loaded
from the delivery vehicle.
If
for any reason you are not satisfied with your order then you can
return it within seven days of delivery if it is in its original,
saleable condition complete with all packaging. If the original packaging can not be re-used then the items must be appropriately packaged for there safe return. Once returned we
will either offer you the choice of a replacement, credit or full
refund of the goods value (Excludes costs involved in original delivery
and return delivery if we arrange collection from you). If for any reason you cancel your order after it has been dispatched but before it has been delviered to you you will be liable for the full delivery cost and return cost to us. All returns must be made within 14 days following delivery. Only applies to items that we carry stock
of, any goods altered to
a customers specifications can not be returned unless faulty or
damaged. There may be a restocking charge of up to 20% of the order
total for some items of furniture that are made to order, you will be notified if this applies to your order prior to us accepting the order.
Before ordering
please check furniture dimensions to make sure they fit into the
selected room. Please also check the measurements of all access
areas, e.g. hallways, doorways, stairs, stairwells etc to ensure
delivery access will not restrict delivery. We are unable to refund
orders which cannot be delivered due to restricted access or the
items do not fit your room.
All returns
due to damage, faulty goods or any other reason must be notified to us by email within three days of delivery
accompanied by digital photographs.
7. Acceptance of the products
7.1 Other than where the Buyer acts as a Consumer the Buyer shall
be deemed to have accepted the Products 5 working days after delivery
to the Buyer.7.2 After acceptance the Buyer shall not be entitled
to reject Products which are not in accordance with the contract.
8. Title and risk
8.1 Risk of damage to or loss of the Products shall pass to the
Buyer upon delivery.8.2 Notwithstanding any other provision herein
title in the Products shall not pass to the Buyer until the Seller
has received in cash or clear funds payment in full.8.3 The Buyer
shall not be entitled to pledge or in any way charge by way of security
for any indebtedness any of the Products which remain the property
of the Seller, but if the Buyer does so all moneys owing to the
Seller shall (without prejudice to any other right or remedy on
the Seller) immediately become due and payable.
9. Insolvency of buyer
9.1 This clause applies if:9.1.1 The Buyer makes any voluntary arrangements
with its creditors or becomes subject to an administration order
or (being an individual or firm) becomes bankrupt, or (being a company)
goes into liquidation (otherwise than for the purposes of amalgamation
or reconstruction) or9.1.2 An encumbrance takes possession, or
a receiver is appointed, of any of the property or assets of the
Buyer, or9.1.3 The Buyer, not being a consumer, ceases, or threatens
to cease, to carry on business, or9.1.4 The Seller reasonably apprehends
that any of the events mentioned above is about to occur in relation
to the Buyer and notifies the Buyer accordingly.9.2 If the Clause
applies, without prejudice to any other right or remedy available
to the Seller, the Seller shall be entitled to cancel the contract
or suspend any further deliveries under the contract without any
liability to the Buyer, and if the Products have been delivered
but not paid for the Price shall become immediately due and payable
that despite any previous arrangement or agreement to the contrary.
10. General
10.1 Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to strikes, lock outs, accidents, war, fire, reduction in
or unavailability of power at the Seller's premises or its manufacturing
plant, breakdown of plant or machinery or shortage or unavailability
of raw materials from a natural source of supply, and the party
shall be entitled to a reasonable extension of its obligations.10.2
Any notice required or permitted to be given by either party to
the other under the conditions shall be in writing and in the case
of notices to the Seller, addressed to the Seller at its registered
office or in the case of notices to the Buyer, at the Buyer's address
as provided to the Seller.
11. Headings
11.1 The headings of the Clauses in these conditions are intended
for reference only and will not affect the construction of these
conditions.11.2 Representations No statement, description, warranty
condition or recommendation contained in any catalogue, price list
or advertisement or communication or made verbally by any of the
Agents or Employees of the Seller shall be construed to enlarge,
vary or override in any way thereof any of these conditions.11.3
Additional costs. The Buyer agrees to pay for any loss or extra
cost incurred by the Seller through the Buyers instructions or lack
of instructions or through failure or delay in taking delivery or
through any acts or default on the part of the Buyer, its servants,
agents or employees.
12. Proper law of contract
This Contract shall be governed by the law of England and Wales
and any dispute, question or remedy howsoever arising determined
exclusively by the Courts of England and Wales.
13. Copyright
13.1 All images, descriptions, software & design are copyrighted and owned by The Natural Selection and their use for any purpose other than viewing via our web site is strictly prohibited.
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