1. Terms and Conditions of Bevan Funnell Group Ltd.
These Terms and Conditions of Trading apply to all our consumer contracts between Bevan Funnell Group Ltd and our subcontractors (us / we / our) and the Customer (you / your) in relation to all sales of goods and services. Additional terms and conditions may apply to sales made through our website as set out herein. Variations, and additional terms and conditions apply to customers who hold credit facilities and / or trade accounts with Bevan Funnell Group Ltd.
1.1 Product Specifications
1.1.1
Bevan Funnell is continually developing its products and reserves the right to amend the specification of its products without prior notice in relation to future sales.
1.1.2
Goods supplied may differ from those displayed. Significant variations from the display model will be highlighted and Bevan Funnell undertakes to make you aware of any changes to specification which may apply at the time of ordering, or as soon after as reasonably possible.
1.1.3
The high quality leather used in our products is a natural product and, as such, may show some variance in colour or texture and may include natural marks and scars which are integral to the hide. Customers should also note that some leathers, fabrics and wood finishes may change colour according to: the conditions in which it was stored; exposure to sunlight and / or heat and the level of central heating amongst other factors.
1.1.4
Wood leather and fabric samples are representative and may vary from the finished product. We will endeavour to provide absolute consistency.
1.1.5
We endeavour to display as accurately as possible the colours of our products that appear in brochures, on our website, on adverts, advertising and any other marketing material, however, due to the limitations of printing and variations in the colour settings of personal computers, we cannot always accurately reflect the colour of the product delivered.
1.1.6
Trade Descriptions Act, Merchandise Marks Act. The terms “Mahogany”, “Yew”, “Walnut” and “Oak”, when applied to any furniture items may denote colour of finish only and shall not be interpreted to mean that the article concerned is constructed only of that material.
1.2 Measurements
1.2.1
The measurements of all furniture made by us will be as accurate as possible, but are nevertheless approximate.
1.3 Prices
1.3.1
All prices include VAT levied at the current rate in force, where appropriate.
1.3.2
We reserve the right to change prices at our discretion. We publish the most up-to-date prices we can on our website and will undertake to inform you of any changes which may affect you. Once you have received your order confirmation, the prices of those items will not be changed.
1.3.3
Goods will be invoiced at the prices shown on your order confirmation. In the rare event an order confirmation does not exist, goods will be invoiced at the price ruling on the day of dispatch unless otherwise agreed in writing.
1.4 Payments
1.4.1
Full payment is required before despatch of your order.
1.4.2
Our terms are normally 50% at confirmation and 50% before despatch. We reserve the right to ask for 100% at confirmation. Other terms are negotiable but will not apply unless confirmed in writing.
1.4.3
We may offer credit facilities on a ‘trade account’ basis subject to our discretion. Customers who wish to open a trade account must do so by completing a Trade Account Application. Bevan Funnell reserves the right not to grant a trade account. A trade account will give you access to trade prices but does not necessarily include credit terms.
1.4.4
Goods will not be despatched until full payment has been received or the terms of your account with us have been met. In most instances, we will not begin manufacturing your order until your deposit payment has been paid.
1.4.5
We are entitled to withdraw from our supply commitments in cases where you have filed for bankruptcy, have made an arrangement (voluntary or otherwise) with your creditors or fail (partially or wholly) to pay for previous deliveries
1.5 Delivery
1.5.1
For all deliveries we, or our carriers, will contact you to arrange a delivery date when the furniture can be delivered.
1.5.2
Delivery charges will apply to all orders and may vary but will be confirmed before orders are processed.
1.5.3
If you are unable to accept delivery of your furniture when we attempt delivery at the agreed time, we may charge you 15% of the value of your order for redelivery.
1.5.4
If your goods are damaged during the course of delivery, then our liability is limited to the repair, refund or replacement of the goods of the value thereof.
1.5.5
Bevan Funnell Group Ltd will not be liable for any financial loss incurred by you through any reasonable or unforeseen delay in the course of manufacturing or delivering your order.
1.5.6
With regard to UK trade account holders where delivery is to their showroom or warehouse, the trade price shall include delivery to those premises, subject to our minimum order value, and delivery to a private customer shall incur a surcharge.
1.5.7
For countries other than the UK, prices should be considered ex-factory. Additional charges may be made for loading containers, delivery to shippers or other destinations, special packaging and insurance. Customers will be liable for import duties and taxes of the country to which the furniture is being dispatched. All orders for the US are normally shipped into AMPAC, NC. US customers will therefore be responsible for any onward shipping.
1.5.8
Freight, Port Dues and Ocean Freight charges are for consignees’ account.
1.6 Returns and refunds
1.6.1
If we make a mistake with your order, or if the goods received are in some way faulty, we have a no quibble returns policy. Simply return the item and we will provide you with a replacement. We will pay your return delivery costs. Returns should be made within a reasonable time frame and in original, undamaged packaging. Upon signing for the goods when received from the carrier, you are accepting that they are in satisfactory condition and free from damage. Bevan Funnell will not accept responsibility for any damage caused to the goods after you have signed for them. Should you wish to reject goods on the basis of unsatisfactory condition, then you should do so by writing “unsatisfactory” on the delivery note and not accept the goods from the carrier. You then need to write to us and explain that the goods were unsatisfactory and we will provide you with a refund, or replacement. This is also the case for when the goods are signed for on your behalf by someone else. For terms and conditions regarding bespoke made items, please refer to the section titled 1.6.2. Bevan Funnell reserves the right to amend this policy at its own discretion at any time, without prior notification.
1.6.2
Bespoke items are manufactured to order and may not be cancelled by you. Bevan Funnell may decide entirely at its own discretion to allow you to cancel a bespoke item but may impose a cancellation fee which will be a percentage of the value of the order as set out in 1.6.4.
1.6.3
Non-bespoke items may be cancelled at any time within the first seven days after ordering. Cancellations received after this seven day period may incur a cancellation charge which will be a percentage of the value of the order as set out in clause 1.6.4.
1.6.4
Bevan Funnell reserves the right to charge a cancellation fee in the event of you cancelling an order. This fee is calculated from the order confirmation date according to the following schedule: 1 to 4 weeks, 25%; 5 to 8 weeks, 50%; 9-12 weeks, 60%.
1.7 Guarantees
1.7.1
Bevan Funnell Group Ltd offers a guarantee which is in addition to your statutory rights and does not affect your statutory rights.
1.7.2
The guarantor is Bevan Funnell Group Ltd, Norton Road, Newhaven, BN9 0BZ.
1.7.3
All furniture carries a 5 year guarantee against faulty workmanship and / faulty materials.
1.7.4
Guarantees may not be transferred.
1.7.5
These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather, loss or damage due to fire, smoke, explosion, lighting, sunlight, infestation by animals or boring insects, or theft, of accidental damage or loss caused by a third party.
1.7.6
Bevan Funnell does not recommend the use of any products containing silicone as this can change the nature of the finish. Claims for damage to the colour, polish or finish will not be accepted if products containing silicone have been used at any time.
1.7.7
You should not attempt to repair damage yourself. We reserve the right to not accept claims for damage where you have applied any substance(s) to the affected area or have undertaken any kind of repair without seeking prior approval from us.
1.8 Claims under guarantee
1.8.1
Claims under guarantee should be made in writing to Bevan Funnell Group Ltd.
1.8.2
We will endeavour to repair the defective goods free of charge. If a repair is not possible, you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
1.8.3
Bevan Funnell reserves the right to ask for evidence of the manufacturing fault and may arrange the collection and inspection of the items in question in order to establish that a manufacturing fault has occurred. Where it is found that the problem is not the result of a manufacturing fault, you will be liable for the cost of the collection of the goods and the cost of redelivery.
1.8.4
Any refund given is limited to the value of the goods and will not exceed the amount paid for that item.
1.8.5
Occasionally the exact cause of the problem may not be determinable. In these instances, Bevan Funnell will undertake to negotiate a solution with you that may involve repair or replacing the item or a partial or full refund.
1.9 Point of contract
1.9.1
We are entitled to refuse any order placed by you.
1.9.2
With regard to sales initiated through the website, the contract shall not be concluded until we have received your valid credit card charge or debit card payment details and we have accepted the order by way of issuing an order confirmation by return to the address you have given us during the registering procedure and on ordering.
1.10 Website
1.10.1
Every effort is made to ensure the complete accuracy of our website however some prices or details may change from time to time and it is possible that error may occur. We will use our best endeavours to rectify any errors as swiftly as possible but we cannot be responsible for any losses incurred.
1.10.2
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that result from the download of such materials.