Terms and Conditions

General Terms & Conditions (Issued August 2011)

1. General

2. Accounts

3. Carriage charges

4. Title of goods

5. Loss damage or faults

6. Return of damaged goods

7. Deliveries

8. Prices and specification

9. Payment terms

10. Intellectual property

11. Data Protection

12. Limitation of liability

13. Law

1. General:

1.1 Interiors 1900 Ltd. will not accept any terms and conditions other than those specified below nor any variation unless agreed in writing between the parties and all sales take place on these terms and conditions.

1.2 These terms and conditions supersede all previous terms and conditions and apply to transactions in all areas.

1.3 Interiors 1900 Ltd. agents and employees are not authorised to make any representations about the goods, prices or terms unless confirmed in writing by a director of Interiors 1900 Ltd., and the customer may only rely on such written confirmations.

1.4 Errors or omissions in documents issued by Interiors 1900 Ltd. may be subject to correction without liability on the part of Interiors 1900 Ltd.

1.5 The customer is responsible for ensuring accuracy of any orders. Orders must be confirmed in writing by the customer. Please note that in the absence of any corrections in writing to the contrary, order acknowledgements from Interiors 1900 Ltd will be taken as correct and claims made after delivery on the basis of order errors will not be accepted.

1.6 VAT is payable in addition on all prices at the applicable rate.

2. Accounts

2.1 Interiors 1900 Ltd. will only supply clients who support the Company’s business. It will not supply clients who may damage the company’s image or brand in any way.

2.2 Accounts facilities will only be granted for UK, Irish, French, Belgian, Dutch and German stockists or very frequent customers subject to acceptable credit references. Payment for sales outside these areas, or for customers not granted account facilities, must be pro-forma unless agreed in writing by a director of Interiors 1900 Ltd.

2.3 Minimum order to open an account is £600 excluding VAT for the UK, and €900 for Eire, France, Belgium, Germany and Holland.

3. Carriage

3.1 For any UK Mainland delivery under £350 (after any discount and excluding VAT), carriage will be charged at £12 + VAT for deliveries under £100 (exc. VAT) and £15 + VAT for deliveries over £100 (exc. VAT).

3.2 For any delivery to Northern Ireland under £900 (after any discount and excluding VAT), carriage will be charged at 10% on nett invoice value with subject to a minimum carriage charge of £15 per box to a maximum of £50 per delivery.

3.3 For deliveries to Eire invoiced in €, and for deliveries to France, Belgium, Germany and Holland, all deliveries under €1000 (after any discount) will be charged at 10% nett invoice value, subject to a minimum carriage charge of €20 per box and to maximum of €65 per delivery.

3.4 For deliveries to Eire invoiced in £ Sterling under £900 (after any discount), carriage will be charged at 10% on nett invoice value subject to a minimum carriage charge of £15 per box and to maximum charge of £50 per delivery.

3.5 For all destinations not included in 3.1 to 3.4 above, carriage will be ex-works and packing charged at cost.

4. Title of Goods

4.1 Goods remain the property of Interiors 1900 Ltd. until all payments due have been received. In the case of non or part payment, Interiors 1900 Ltd. shall be entitled to repossess the goods. If goods have been resold, the customer shall hold the proceeds of sale in trust for Interiors 1900 Ltd.

5. Loss, Damage, and Faults

5.1 Claims for loss and/or damage must be made only by Interiors 1900 Ltd. customer. Interiors 1900 Ltd. will not process claims from other parties whom the customer has supplied.

5.2 Claims for loss and/or damage will only be considered where carriage is provided by Interiors 1900 Ltd., for the entire journey, and the procedures below are followed.

5.3 Goods must be checked on arrival and at the premises to which they are delivered by Interiors 1900 Ltd's carrier. No claim will be considered if the goods are transferred to another address or if they are sold on.

5.4 Unless packages are opened and goods are checked in front of the carrier, goods must not be signed for as “delivered in good condition.” They should be accepted as “unexamined”. Claims will not be considered if goods are signed as received in good condition.

5.5 Loss or damage must be reported and confirmed in writing to Interiors 1900 Ltd. within 3 days of receipt. The customer must be able to supply proof that the claim has been properly submitted to Interiors 1900 Ltd.’s office by means of fax report, proof of delivery by post or e-mail read-back message. Interiors 1900 Ltd. will not accept claims made verbally, to agents or otherwise, without being submitted in writing to Interiors 1900 Ltd. as above.

5.6 Goods may be returned only with agreement of Interiors 1900 Ltd. and as instructed by Interiors 1900 Ltd. Please see section 6 below.

5.7 Non-delivery of entire or part consignments must be notified in writing to Interiors 1900 Ltd. within 10 days of invoice date.

5.8 Any technical defect in quality or specification of the goods supplied must be reported to Interiors 1900 Ltd. in writing within:-

a) 7 days where defects are apparent on reasonable inspection on delivery, or

b) One month where defects are not so apparent upon inspection on delivery.

5.9 Where customers use their own carrier, Interiors 1900 Ltd. will not be liable for any damage or missing items howsoever caused.

5.10 Where goods are transferred to the customer’s own carrier, Interiors 1900 Ltd. will not be liable for any damage howsoever caused.

5.11 Claims for damage to goods sold to consumers and removed from customer’s premises will not be considered.

5.12 No claims for damage or missing goods will be allowed for cash and carry customers collecting from our premises.

5.13 Any goods ordered in error by customers may be returned at the customer’s cost and risk, subject to Interiors 1900’s approval. This will incur a charge of 25% of the invoiced value, plus courrier’s cost and at the customer’s own risk. Goods must be returned in original packaging. Both packaging and goods must be in such condition that the product can be readily re-sold without loss to Interiors 1900 Ltd..

5.14 Where a claim is accepted by Interiors 1900 Ltd., the company policy is to replace the goods. If the goods returned are not in a saleable condition or damaged, the full cost will be recharged. Interiors 1900 Ltd. may choose to issue credit for returned goods solely at its discretion.

6. Procedure for Return of Damaged Goods

6.1 Goods must not be returned to Interiors 1900 Ltd. without written approval from Interiors 1900 Ltd.

6.2 Goods approved for return must be packed in original packaging, which must be in good condition.

6.3 Interiors 1900 Ltd. reserves the right to replace parts only, not complete articles, wherever possible. Complete items should not be returned unless authorised in writing by Interiors 1900 Ltd.

6.4 Reasonable care must be taken of damaged goods. If, in the opinion of Interiors 1900 Ltd., reasonable care of the goods has not been undertaken, the claim will be refused.

6.5 Interiors 1900 Ltd. will supply packing instructions that must be followed if returned goods are to be accepted for credit. Damage resulting from failure to follow these instructions will invalidate any claim.

6.6 All items must be double boxed, with sufficient packing material to ensure that goods do not touch the sides of the box. They must be addressed to Interiors 1900 Ltd. and have the relative returns paperwork attached. This must include the name and address of the customer returning the goods, as well as the invoice number and stock code relating to the original delivery of the goods.

6.7 Goods must not be returned to Agents unless instructed by Interiors 1900 Ltd. in writing.

7. Deliveries

7.1 Unless agreed in writing, part deliveries will be allowed by Interiors 1900 Ltd.

7.2 Dates quoted for delivery are estimates only. Interiors 1900 Ltd. will not be liable for any loss resulting from delay in delivery of goods howsoever caused.

7.3 Interiors 1900 Ltd. will deliver any back orders complete when goods become available, free of charge. However, if the customer requests part delivery of a back order, normal carriage charge will apply.

7.4 Should the customer request delivery for or between specific times, any extra costs levied by Interiors 1900 Ltd.’s carrier will be passed on to the customer.

7.5 Deliveries will normally be by pallet. Should the customer specify delivery by an alternative delivery method:-

1. Delivery by parcel will incur an additional charge of 7.5%.

2. Additional costs for other methods of transport, including time, carriage, packaging and insurance costs, will be charged at cost + 15%.

3. Interiors 1900 Ltd. reserves the right to refuse claims for damage.

7.6 Deliveries will be to the customer’s premises only. Deliveries will not be made to consumers.

8. Prices and Specifications

8.1 Interiors 1900 Ltd. reserves the right to change prices and specifications without notice. Special prices quoted in writing by authorised personnel of Interiors 1900 Ltd. will be valid for 1 month unless another period is specified in writing by a director of Interiors 1900 Ltd..

8.2 As a result of improvements or modifications, or changes in the law, goods may vary in detail from published illustrations and specifications. Interiors 1900. Ltd. may not accept claims on this basis.

8.3 Many of Interiors 1900 Ltd. goods are based on Art products and hand made finishes. These can vary from those illustrated in sales literature or from samples supplied or displayed. Interiors 1900 Ltd. will not accept claims based on variation in colour or texture of art glass or hand made finishes.

8.4 Any dispute regarding invoiced prices must be raised in writing to Interiors 1900 Ltd. within 7 days of invoice. Otherwise the invoice will stand and the customer will have no grounds for a claim.

9. Payment Terms

9.1 Cash sales:

Invoices are due for payment at the time of the invoice and Interiors 1900 Ltd. shall not be obliged to release the goods until payment is received.

9.2 Credit Accounts:

Unless otherwise agreed in writing by a Director of Interiors 1900 Ltd., payment must be paid within 30 days net from the date of invoice. Where there is a dispute, the non-disputed balance must be paid within 30 days net together with an itemised explanation why part payment is withheld.

9.3 Where invoices are unpaid after 30 days net of date of invoice:

a) Credit facilities will be suspended.

b) Deliveries will be suspended.

c) Interest will be charged at the rate of 5% per calendar month from the date of invoice for the balance outstanding from the date of invoice.

d) Invoice for interest and charges will be payable immediately. This invoice will serve as notice (without further notice) that. Interiors 1900 Ltd. may initiate legal proceedings to recover all payments due, including administration and legal costs.

e) In the event of charges being levied for late payment, there will be an additional minimum administration charge of £60 + VAT. Should legal costs be incurred, an additional minimum legal cost of £150 + VAT and administration charge of £100 + VAT will be charged to the customer.

f) In the event where cheques are returned unpaid or for a representation, a charge of £25 + VAT will be made each time cheques are returned.

g) Where payments are consistently late, if cheques are returned or late payment charges are levied, credit facilities will be discontinued. Subsequent transactions will be at the discretion of Interiors 1900 Ltd.

9.4 A credit limit will be allocated to each account and disclosed on request.

9.5 Where no special terms are agreed, and where no previous invoice is overdue, the buyer shall be entitled to a 7 day (from the date of invoice) net settlement discount of 3% of the price of the goods (excluding any extra charges for packing or carriage or VAT).

9.6 A levy of 3% of the invoice value will be charged for payment by credit card.

9.7 Where a cheque is returned or represented a minimum administration charge of £25 + VAT will apply.

10 Intellectual property

10.1 Interiors 1900 Ltd. reserves the right to refuse supply to clients who are knowingly selling or promoting copies, or near copies of Interiors 1900 Ltd product in breach of Interiors 1900’s copyright.

10.2 Interiors 1900 Ltd. reserves the right to refuse supply to clients who supply a competitor, or potential competitor, with any material from Interiors 1900 Ltd., including catalogues, price lists or other promotional material.

10.3 Images supplied by Interiors 1900 Ltd. Or used its website must not be reproduced or used in any way without written permission of Interiors 1900 Ltd.

10.4 The images and content of Interiors 1900 Ltd website are the intellectual property of Interiors 1900 Ltd. No information can be copied or linked to any other site without the written permission of a director of Interiors 1900 Ltd.

10.5 Interiors 1900 Ltd will take any action necessary to protect its or its suppliers copyright/design right including primary and secondary infringement.

11. Data Protection

11.1 Any information you provide will be held by us and may be used to assist us in providing credit assessment and referencing and /or marketing, advertising or promotional purposes.

11.2 We may transfer this information about you to our financiers who:-

12.1 The total liability on any basis arising out of the sales of goods of Interiors 1900 Ltd. to the customer shall not exceed the price of the goods sold, and the customer shall insure against any excess.

13. Law

13.1 These terms shall be governed by the laws of England and the customer agrees to submit to the non-exclusive jurisdiction of the English courts.