In these conditions:
1.1 Purchaser means the customer who has agreed to buy goods from the Seller.
1.2 Seller means Shaping Homes Ltd whose registered office is 1st Floor, Woodgate Studios, 2-8 Games Road, Hertfordshire, EN4 9HN
1.3 Goods means furniture, accessories and appliances that the Seller has agreed to supply to the Purchaser.
1.4 Force majeure means in relation to either party any circumstances beyond reasonable control of that party, including without limitation any strike, look-out or other industrial action.
2.1 The Sellers shall sell and the Purchaser shall buy the goods in accordance with this contract document signed by the Sellers or by lawful agent and signed to the Purchaser.
2.2 It is the intention of the Seller that the term of the contract between the Purchaser and the Sellers are contained in this document and in any specifications provided to the Purchaser.
3.1 The quantity and description of and any specification for the Goods shall be set out in the contract document and the plan of the room prepared by the Sellers.
3.2 If for any reason beyond the Sellers reasonable control the Sellers are unable to supply the Goods, the Sellers, will notify the Purchaser. With the agreement of the Purchaser the Sellers will replace it with a product of equal standard and value. In the event that replacement Goods cannot be agreed upon then either party is entitled to terminate the contract whereupon any monies paid by the Purchaser to the Sellers will be repaid in full.
3.3 The following are not included in the contract:-
3.3.1 The fitting of any cabinetry
3.3.2 Fitting and connection of appliances not supplied by the sellers.
3.3.3 Any redecoration, tiling, flooring, making good.
3.3.4 Removal and disposal of the units and appliances the Seller are replacing.
3.3.5 Removal and disposal of waste material and packaging.
4.1 The price of the Goods shall be the price appearing in the contract document.
4.2 The Sellers shall do all they reasonably can to ensure the price quoted at the time of the contract is correct. If it subsequently becomes apparent that the Goods have been underpriced for a technical reason beyond the reasonable expectation of the Sellers or has resulted from an error in information provided by the Purchaser then the Sellers will immediately inform the Purchaser and both parties will attempt agree a revised price for the Goods. In the event that the new price cannot be agreed then either party is entitled to terminate the contract whereupon any monies by the Purchaser to the Sellers will be repaid in full.
4.3 The Purchaser will pay the total price detailed in the contract by way of the following stage payments.
4.3.1 33% of the gross contract value to be paid as a point of sale deposit.
4.3.2 A further 33% of the gross contract value to be paid as a manufacturing deposit at point of technical survey.
4.3.3 The final 34% of the gross contract value to be paid 14 days prior to delivery date for the Goods.
4.3.4 Where the Customer pays via Credit Card a 2.5% charge will be made.
4.4 Failure to pay the balance outstanding in 4.3.3 will entitle the company to charge interest at a rate of 3% above Barclay's Bank base rate.
4.5 There shall be added to the price any tax which the Sellers are obligated by law to add.
5.1 The Sellers will do all they reasonably can to meet any date given for delivery and installation. In the case of unforeseen circumstances beyond the reasonable control of the Sellers, the Sellers may not be able to do so. In such circumstances the Sellers will contact the Purchaser and agree an alternative date.
5.2 The Purchaser will do all they can to enable delivery and installation to take place on any given date initially agreed between the seller and purchaser but in any case delivery must take place within 90 days of the date of contract.
5.3 In the unforeseen circumstances beyond the reasonable control of the Purchaser, the Purchaser may not be able to accept delivery on the date initially so agreed. In such circumstances the Purchaser will contact the Seller and agree a reasonable alternative date.
5.4 Where the agreement or part of the agreement is for the purchase of Goods to be ordered from a manufacturer, the Sellers will muse their best endeavours to ensure delivery by such date as may be desired by the Purchaser but the Sellers shall not be liable for any loss or damages suffered by the Purchaser through any reasonable or unavoidable delay in the delivery howsoever caused.
6.1 Where the Goods have a manufacturers warranty the Sellers undertake to assist the Purchaser in obtaining from the manufacturer the benefit of any such warranty.
6.2 Except as set out in 6.1 above the Sellers give no warranties except for any warranties in any guarantee given by the Sellers to the Purchaser, but where the Purchaser deals as a consumer then his statutory rights are not affected by these conditions.
6.3 Any claim by the Purchaser based upon defects including shortages in the quantity or condition of the Goods shall be notified to the Sellers within five days of the date of delivery or where the defect was not apparent upon reasonable inspection within a reasonable time after discovery of the defect or failure. If the Purchaser does not notify the Sellers the Sellers will have no liability over and above what would have been apparent had the defect been notified to the Seller within the time above.
6.4 The fitting of the furniture and appliances is guaranteed for the period of 12 months by the Seller.
7.1 This clause applies if:-
7.1.1 The Purchaser makes any voluntary arrangement with his creditors or becomes bankrupt; or
7.1.2 The Sellers reasonably apprehend that either of the events mentioned above is about to occur in relation to the Purchaser and notices the Purchaser accordingly.
7.2 If this clause applies then, without prejudice to any other right or remedy available to the Sellers, the Sellers shall be entitled to cancel the contact without any liability to the Purchaser and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any pervious agreement or arrangement to the contact.
8.1 If either party is affected by Force Majeure he shall promptly notify the other party of the nature and extent of the circumstances in question.
8.2 Notwithstanding any other provision of this agreement, neither party shall be in breach of this agreement or otherwise be liable to the other, for any delay in performance of any of their obligations under this agreement, to the extent that the delay or non-performance is due to any Force Majeure of which the other party has been notified, and the time for performance of that obligation shall be extended accordingly.
9.1 Any notification concerning any matters in this agreement shall be given by one party to the other in writing to the Customer Service Department at Shaping Homes Ltd, Castle House, 21 Station Road, New Barnet, Hertfordshire, EN5 1PH.
9.2 Where the Purchaser is in breach of this agreement he shall be liable to pay the Sellers compensation for their reasonable costs and losses reasonably incurred or compensation according to the law.
9.3 If any provision in these conditions is held to be unenforceable the validity of the other provisions shall not be affected.
9.4 The contract shall be governed by the laws of England and the Purchaser and the Sellers agree to submit to the non-exclusive jurisdiction of the English courts.
10.1 If you made this contract during a visit by our representative to your home or place of work or to the home of another individual, you have the right to cancel this contract if you so wish by delivering or sending (including by email) written notice to the person stated below at any time within 7 days starting with the date of the receipt of this notice of your right to cancel. This cancellation notice is deemed to have been served as soon as it is posted or if by email on the date that it is sent. Any related consumer credit agreement entered into will be automatically cancelled if this contract is cancelled.
10.2 Your cancellation notice must be dated and your contract/estimate number clearly displayed. Cancellation notice must be sent to: Customer Services Manager, Shaping Homes Ltd, Castle House, 21 Station Road, New Barnet, Hertfordshire, EN5 1HP or emailed to: customersupport@shapinghomes.com
