Terms And Conditions:
These trading terms and conditions apply to purchases of any products or goods from Kingsley Smythe Ltd.
Please read the terms and conditions carefully as they contain important information Nothing in these conditions affects your statutory rights as a consumer.
Payment of the full 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 full 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.
A defect under these terms means any imperfection in the material or workmanship that will impair the use of this furniture product. Any warranty in place does not apply to normal wear and tear or normal deterioration as a result of domestic residential use. Any offered warranty does not cover defects caused by the application of teak oil, varnish or wood stain. The warranty does not apply to furniture which has been placed on an uneven surface which as a result has caused the table to warp or caused opening/closing mechanical problems. For maximum longevity of your furniture your teak furniture should be placed on an even surface.
If for any reason you cancel your order (excluding damage or a fault with the item(s))within 14 working days from the date the goods have been recieved. If the customer wishes to cancel then it is the customers responsibility to look after the goods in their possession. We will process a refund and less a collection fee as stated in your payment invoice for the goods. Please contact us via telephone or e-mail to arrange a refund. Once authorised refunds will be issued to the same payment card used to place the order.
Delivery of in stock items are usually made within 30 days. If an item is out of stock we will inform the customer as soon as possible. The majority of items are delivered within a 14 day timeframe. For deliveries to Scotland or the Islands the price and time of delivery will be stated after your order has been received. Some circumstances are beyond our control and we may delay or cancel your delivery, in this instance we will not be held liable for any consequential loss you experience but will arrange a free re-delivery.
On the delivery day, please ensure that the trades people and delivery team can gain easy access to the area the furniture is being delivered and/or assembled. Please ensure that the area you want the furniture placed is cleared. Please inspect the furniture carefully before signing the delivery note or invoice. If the delivery team try to deliver at a pre arranged time and you are out they will return the furniture back to base and a re-delivery charge may apply.
Prior to delivery the customer must inform Kingsley Smythe Ltd of any access or parking issues at the delivery address. The customer where necessary must provide vouchers or tokens to the delivery team to allow them to park and unload the furniture legally. If there is no adequate parking within a reasonable distance of the delivery address and the delivery team cannot safetly unload, the delivery team may not be able to deliver the furniture. In this case the furniture will be returned to base and a re-delivery charge may apply.
After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
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
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.
If the Buyer makes any voluntary arrangements with its creditors or becomes Bankrupt, goes into provisional or full Liquidation or any administration orders are made, the Buyer not being a consumer, the Seller shall be entitled to cancel 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 despite any previous arrangements to the contrary.
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.
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.