TRADE ACCOUNTS – TERMS OF BUSINESS

Retail Customer T&Cs

AGREED TERMS

  1. 1.ABOUT US  
    1. 1.1 .   Company details. HOUSEOLOGY DEISGN GROUP LIMITED (company number SC377416) (we and us), is a company registered in Scotland and our registered office is at 28 Spiers Wharf, Glasgow, G4 9TG. Our main trading address is 28 Spiers Wharf, Glasgow, G4 9TG. Our VAT number is 989 9349 22. We operate the website www.houseology.com.
    2. 1.2 .   Contacting us. To contact us telephone our Customer Service team at +44 (0)330 363 0330 or email [email protected] How to give us formal notice of any matter under the Contract is set out in Clause 15.2.
    3. 2.    OUR CONTRACT WITH YOU  
    4. 2.1 .   Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    5. 2.2 .   Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    6. 2.3 .   Language. These Terms and the Contract are made only in the English language.
    7. 2.4 .   Your copy. You should print a copy of these Terms or save them to your computer for future reference.
    8. 3.    PLACING AN ORDER AND ITS ACCEPTANCE  
    1. 3.1 .   Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Products) subject to these Terms.
    2. 3.2 .   Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
    3. 3.3 .   Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 3.4. 
    4. 3.4 .   Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
    5. 3.5 .   If we cannot accept your order. If we are unable to supply you with the Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
    6. 4.    OUR PRODUCTS  
    7. 4.1 .   The images of the Products on our site 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 accurately reflect the colour of the Products. The colour of your Products may vary slightly from those images.
    8. 4.2 .   The packaging of your Products may vary from that shown on images on our site.
    9. 4.3 .   We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
    1. 5.    Returns
    1. 5.1 .   If you receive a Product which you believe is faulty, damaged or not as described, please email us at [email protected] or call us on +44 (0)330 363 0330 to speak to a Customer Services representative.  We will do our very best to repair, replace or refund the Product(s). In some circumstances, a replacement or repair will not be appropriate and we reserve the right to arrange collection or return of the faulty Product(s) and provide you with a full refund without offering a replacement or repair. 
    2. 5.2 .   In order to assist us in providing excellent service and to avoid ambiguous situations, we ask that all faulty, damaged or misdescribed Product(s) be reported to our Customer Services team within 48 hours of receipt. Where we are requested to deliver to a warehouse or other holding location, it will be your responsibility to ensure the Product(s) are fully checked in line with our notice period above. We will not be liable for damage discovered more than 48 hours after we have delivered Product(s). Please note that we do not accept damage claims that have resulted from misuse of the Product(s) or damage that occurs during installation. 
    3. 5.3 .   Product(s) supplied and delivered correctly by the Company will not normally be accepted for return.  In such cases, where the Company is in agreement to accept Product(s) to be returned, a restocking charge, subject to the condition of the returned Product(s), will be deducted at a standard rate of 20% or £20.00, whichever is the greater, unless you have signed up to a special agreement to the contrary.  Please note that bespoke or made to measure items cannot be returned and we cannot accept no-fault returns for the following brands: SmartFire UK, Imagin Lighting, Good & Mojo, Loominology, Charlotte James, Vondom, XVL.
    4. 5.4 .   Should you wish to discuss a no-fault return with us, please email [email protected] or call us on +44 (0)330 363 0330 to speak to a Customer Services representative.  We ask that customers notify and return unwanted Product(s) to us within 10 working days of receipt of the original delivery.  Please note that we will not accept any returns on Product(s) notified more than 10 working days following the receipt of the original delivery.  
    5. 5.5 .   To be eligible for a refund, Product must be boxed in its original inner and outer packaging (including bubble wrap and cardboard) and be ready for uplifting when the driver arrives to collect them. Drivers will refuse to collect any item that is not packed with adequate packaging, as indicated in this section. Please ensure that the person unwrapping the Product(s) is very careful and keeps the inner and outer wrapping of the original packaging intact. The original packaging is essential in preventing the items from any damage upon return. Under no circumstances can we accept returns that do not have the original packaging. 
    6. 5.6 .   All returned goods are subjected to a full Quality Control inspection before any decision regarding refund is made. We have the right to make the final decision on whether an item is defective or not. The value of the refund issued to you is in our sole discretion and each case will be considered on its own merit. When the decision to refund has been made, we will refund you the price of the Product(s) (either by refunding you on the credit card or debit card used by you to pay or by credit on account).  
    7. 5.7 .   Our contractual relationship is with you as the Trade Account holder and purchaser of the Product(s). Any dealings in relation to an order, return, repair, replacement or refund of a Product, or any customer relations, will be conducted with the appointed representative for your Trade Account. For example, if you are an interior designer or architect and a Product has been purchased by you to sell on to a third party client, all communications will be made directly with the Trade Account holder rather than the third party client, as we have no direct contractual relationship with them.  
    1. 6.    DELIVERY, TRANSFER OF RISK AND TITLE  
    2. 6.1 .   We will contact you with an estimated delivery date, within 5 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 (Events outside our control) for our responsibilities when this happens.
    3. 6.2 .   Delivery is complete once the Products have been unloaded at the address for delivery set out in your order and the Products will be at your risk from that time.
    4. 6.3 .   You own the Products once we have received payment in full, including of all applicable delivery charges.
    5. 6.4 .   If we fail to deliver the Products, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Products. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
    6. 6.5 .   If you fail to take delivery within 14 days after the day on which we notified you that the Products were ready for delivery, we may resell part of, or all the Products and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
    1. 7.    INTERNATIONAL DELIVERY  
    2. 7.1 .   We deliver to the countries listed on this page [INSERT LINK TO INTERNATIONAL DELIVERY PAGE] (International Delivery). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
    3. 7.2 .   If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    4. 7.3 .   You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.  
    5. 7.4 .   You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
    6. 8.    PRICE OF PRODUCTS AND DELIVERY CHARGES  
    1. 8.1 .   The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see Clause 8.5 for what happens if we discover an error in the price of Products you ordered.
    2. 8.2 .   Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    3. 8.3 .   The price of Products excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. 8.4 .   The price of the Products does not include delivery charges. Our delivery charges are as advised to you either during the check-out process, or within [3] working days of order placement. To check relevant delivery charges, please refer to our Delivery page.
    1. 8.5 .   We sell a large number of Products through our site. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products and refund you any sums you have paid.
    2. 9.    HOW TO PAY  
    3. 9.1 .   We accept online payment in an encrypted, secure environment by credit card and Houseology Gift Vouchers. We currently accept Visa, Mastercard, Delta, Maestro, Switch, American Express and Paypal.  All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£).
    4. 9.2 .   We have an option on the website (on the top line navigation header) where you can choose to display all prices in Euros, Australian Dollars, Emirati Dirhams or US Dollars based on live conversion rates. This enables you to view the cost of your transaction, in your chosen currency, based on real time conversion from GBP by Moneybrokers.com. This is a service designed to make currency conversion calculations easier for you.
    5. 9.3 .   Throughout the check-out process, the cost of your purchase will be shown in your chosen currency, until the final step before making a payment, when we will show you the exact GBP equivalent that will be charged to your card.
    6. 9.4 .   International credit card providers or banks out with the UK will determine their own exchange rates and might also add an additional processing or administration charge that the card holder will be liable to pay. We do not have any control over these exchange rates or charges and our advice would be to check with your bank if you are unsure about exchange rates prior to making a purchase.
    7. 9.5 .   If your order is being despatched to a destination outside the European Union (EU) then your sales tax will be zero. If your order is being sent to a member state of the EU then the selling price will include VAT at the current rate.

Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and are not able to predict them. For more information please read our International Shipping page.

    1. 9.6 .   As we are committed to providing the most advanced security features, we support the "MasterCard® SecureCode™" or "Verified by Visa" security service. Verified by Visa and MasterCard® SecureCode are an additional layer of security, applied by your bank, to your credit card to prevent fraudulent use.
    2. 10.    MANUFACTURER’S GUARANTEE  
    3. 10.1 .   Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
    4. 11.    OUR WARRANTY FOR THE PRODUCTS  
    5. 11.1 .   The Products are intended for use only in the UK. We do not warrant that the Products comply with the laws, regulations or standards outside the UK.
    6. 11.2 .   We provide a warranty that on delivery, the Products shall:
      1. (a)subject to Clause 3, conform in all material respects with their description;
      2. (b)be free from material defects in design, material and workmanship; and
    1. 11.3 .    Subject to Clause 11.4, if:
      1. (a)you give us notice in writing within a reasonable time of discovery (in the case of a defect that is apparent on normal visual inspection, within 5 Business Days of delivery) that some or all of the Products do not comply with the warranty set out in Clause 11.2;
      1. (b)we are given a reasonable opportunity of examining the Products; and
      1. (c)if we ask you to do so, you return the Products to us at our cost,

we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.  If you do not give written notice of any defects in the Products within the relevant time period, you shall be deemed to have accepted the Products.

    1. 11.4 .   We will not be liable for breach of the warranty set out in Clause 11.2 if:
      1. (a)you make any further use of the Products after giving notice to us under Clause 11.3;
      1. (b)the defect arises as a result of us following any drawing, design or specification supplied by you;
      1. (c)you alter or repair the Products without our written consent;
      1. (d)the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
      1. (e)the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    1. 11.5 .   We will only be liable to you for the Products’ failure to comply with the warranty set out in Clause 11.2 to the extent set out in this Clause 11.
    2. 11.6 .   The terms implied by sections 13 to 15 of the Sale of Products Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    3. 11.7 .   These Terms also apply to any repaired or replacement Products supplied by us to you.
    1. 12.    OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE  
    2. 12.1 .   Nothing in these Terms limits or excludes our liability for:
      1. (a)death or personal injury caused by our negligence;
      1. (b)fraud or fraudulent misrepresentation;
      1. (c)breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or
      1. (d)any other liability that cannot be limited or excluded by law.
    1. 12.2 .   Subject to Clause 12.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. (a)any loss of profits, sales, business, or revenue; or 
      2. (b)loss or corruption of data, information or software; or
      3. (c)loss of business opportunity; or
      4. (d)loss of anticipated savings; or
      5. (e)loss of goodwill; or
      6. (f)any indirect or consequential loss.
    1. 12.3 .   Subject to Clause 12.1, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 100% of the price of the Products paid by you.
    2. 12.4 .   Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
    1. 13.    TERMINATION  
    2. 13.1 .   Without limiting any of our other rights, we may suspend the supply or delivery of the Products to you, or terminate the Contract with immediate effect by giving written notice to you if:
      1. (a)you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
      1. (b)you fail to pay any amount due under the Contract on the due date for payment;
      1. (c)you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
      1. (d)you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or 
      1. (e)your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    1. 13.2 .   Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    2. 13.3 .   Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
    3. 14.    EVENTS OUTSIDE OUR CONTROL  
    4. 14.1 .   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    5. 14.2 .   If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. (a)we will contact you as soon as reasonably possible to notify you; and
      1. (b)our obligations under the Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
      1. (c)You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
      2. 15.    COMMUNICATIONS BETWEEN US  
    1. 15.1 .   When we refer to “in writing” in these Terms, this includes email.
    2. 15.2 .   Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
    3. 15.3 .   A notice or other communication is deemed to have been received: 
      1. (a)if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; 
      1. (b)if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      1. (c)if sent by email, at 9.00 am the next working day after transmission. 
    1. 15.4 .   In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    2. 15.5 .   The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    3. 16.    GENERAL  
    4. 16.1 .   Assignment and Transfer
      1. (a)We may assign or transfer our rights and obligations under the Contract to another entity.
      1. (b)You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing. 
    1. 16.2 .   Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). 
    1. 16.3 .   Waiver.  If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    2. 16.4 .   Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    3. 16.5 .   Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    4. 16.6 .   Governing law and jurisdiction. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Scotland.  Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.