Terms and Conditions. Warranty and GDPR
By placing an order with us you agree to our terms and conditions listed in the following text:
Quotes and ordering
We are not an internet sales company and do not take online orders. All orders are quoted for and then made to order. Please be aware that you can not return made to order items.All quotes will be written and are valid for 90 days. Once you confirm your order in writing and pay the deposit, we will wait 3 working days before activating the order on our system. During this time you can alter or cancel the order at any time. Once the order is activated materials are ordered and work can commence at any time. Cancellation may not be possible from this point. Changes may be possible but could incur extra charges. Prices shown on our order confirmation are what you will be charged even if your purchase order (trade customers) shows a different price. All quoted prices are plus VAT. Please always be aware that changes to orders, specification, or delivery information may incur a price change to the final balance.
Examples as follows:
Extra work, in patterning or tooling. Changes to frame specification made after quote. Changes of timber type. Polishing samples being provided by you after an order has been accepted must be in line with the agreed spec. Fabrics and leathers supplied by customers must be suitable for upholstery or they may attract an extra charge if they are difficult to work with. IE: silks, metallic’s, some vinyl’s or thick leathers. Heavy pattern matching may also attract further charges. Fabrics that are not fire rated will have interliner installed, if this was not quoted for it will be charged as an extra. Detailing not quoted for like studs, piping or braid may be charged as extras. Final delivery charges may be added or modified if not quoted for. At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
Manufacturing and product information
Timber is a natural product; while we attempt to put matching grain together we can not guarantee uniformity. Some splits, knots and flecking will not be considered a defect. Timber being finished in natural lacquers may not end up a consistent colour, this will not be considered as a defect. Dark stains over certain timbers like Beech may result in a patchy finish, this will not be considered a defect. Upholstery internals will be up to our discretion unless specified or you order one of our 3 build quality standards. It is your responsibility to check if the item you are ordering will fit in the space you intend it to go, including access to the space. Every effort is undertaken to ensure the integrity of colour in our images, polishing colours etc. However, due to inherent variation in digital colour representation we cannot guarantee an exact colour match. For this reason colours should only be considered an approximation and the physical colour may differ slightly from the virtual one. All of our product descriptions and measurements are constantly checked for accuracy and where necessary updated, however they may not be totally accurate. Plus or minus 25mm is considered a reasonable accuracy and items with any cushions are approximate as cushion types vary and the billow effect can alter the seat height.
Many of the CVOUK ‘Chairmaker’ designs are taken from antiques or tweaked antiques, most of which are part of the ‘Chair vault originals collection. Others are are our own designs, many of which are influenced from certain periods in history, like Art deco. Any custom build designs made to drawings or pictures supplied by customers are made on the understand that, the picture or drawings are the customer’s property and it is the customer’s responsibility to check that the design does not infringe on anybody else’s or any copyrighted product. By accepting your order for this or any custom made product you guarantee to us that you have done this and you accept it is your responsibility. We will not be held responsible for any copyright claims as we are manufacturing to what we believe to be, your design. Normal patterning charges are only a contribution to the real cost of designing any product. These charges do not grant you exclusive rights to any product. Where we pattern any job from jobs or drawings supplied by the customer we reserve the right to use these jobs as we see fit if the customer does not re-order within 2 years from the original patterning date. In some case we may agree in writing to exclusive rights for extended periods or permanently. However, this would require an agreement in writing and also full patterning and tooling charges would need to be paid, not just a contribution.
Retention of ownership and title
The customer agrees the ownership of goods remains with CVOUK until all funds owing on said goods are cleared. If the final balance payment remains unforthcoming then CVOUK is entitled to keep and then sell the items to recover costs. If this action is taken, the goods will be sold off at the best price possible, which may be via an auction house. If this price exceeds the amount owing on the order, we will refund the difference less costs to the original customer. If the price achieved is less than the balance owing we may take action to recover this amount via our debt collectors and or the courts.
Circumstances beyond our control
In circumstances beyond our control CVOUK reserves the right to cancel, change or suspend all operations until such time as order or normal operation is restored. CVOUK will not be held liable for any failure of contract resulting from such an exceptional event. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
Returns and refunds
Made-to-order – damaged, defective or different. Should a made-to-order item be received damaged, defective or differ from specification then, after inspection by CVOUK, a full modification, replacement or refund will be arranged at no cost to the client. However this is dependent on the client taking the following action:
- Unpack and inspect your purchases immediately upon receipt as no claim for replacement due to delivery damage, defect or specification can be made after 3 days.
- Any claim regarding a damaged, defective or incorrectly made item must be made at once by phone or email to establish a timeline. Once an initial log has been recorded it must followed up by a written claim. Email is acceptable.
- The cost of returning the item(s) will be the client’s responsibility. Under most circumstances the item will have to be insured for transit. Once CVOUK has received the item and verified the nature of the complaint any costs incurred by the client will be refunded.
- Where items to be returned are large or require special handling (as determined by CVOUK) we reserve the right to nominate a specific furniture handler and to pass the cost of transport onto the client. Once CVOUK has received the item and verified the nature of the complaint any costs incurred by the client will be refunded. However if the client accepts and then fails to meet a returns collection date he/she will be charged again for the next and every subsequent attempt.
- Whenever a made-to-order product is returned by a client it must be adequately packed in the original packaging to prevent damage. Remember there are no returns on made to order items unless there is damage, the goods are defective or wrongly made to the order.
CVOUK will not accept liability for any business loss (including profits, revenue, contracts, potential savings, data, goodwill or expenditure) or any other loss indirect or consequential that was not foreseeable by either party when the contract was formed. If the goods delivered are not what you ordered, are damaged, defective, the wrong size or of an incorrect quantity, we shall have no liability unless you notify us of the problem within 3 working days of said delivery. CVOUK will not accept liability for any damage or defects in the goods caused by any act, neglect or otherwise by you or any third party.
Delivery, storage and risk
All products are bespoke and quoted build times are an estimate only. We will not guarantee a completion or delivery date. Finished items will be stored FOC for 2 weeks from completion (Invoice date) charges may be made after this time. Delivery to you can be made in different ways please make sure you understand the delivery type you are paying for. In all cases delivery is an additional charge unless stated otherwise. Goods will be sent by reputable delivery company or our own service and will require a signature upon receipt. Please note it may not be possible for us to deliver to certain locations. We may decline to deliver if we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or if the premises (or the access to them) are unsuitable for our vehicle. Delivery to some locations like London may incur extra charges. Parking charges and fines incurred while making delivery may be passed on. For any delivery to a country outside of mainland Britain please contact us for transportation quotes and details. Goods delivered to certain overseas countries may be subject to import duties and taxes, payable when the goods reach their destination. The responsibility and cost of such customs and duties rests solely with you the customer. Responsibility/risk for goods is transferred to the customer on the first delivery attempt and the customer must make themselves available to receive them. If for some reason the customer is unable to take delivery then they can arrange a second attempt at added cost or collect the goods from a designated addressee or courier depot. If the customer fails to cooperate with the agreed delivery attempts and the goods are returned to us we may, at our discretion, insist that the goods be collected by the customer. Deliveries do not include unpacking, assembly or installation unless otherwise stated.
Deposits will be required for all sales. The deposit paid date is the start of any quoted build time. Trade customers will have a set work in progress (WIP) credit limit. You may need to pay some balances before completion if your WIP credit limit will be exceeded. All WIP will be considered part of your credit limit. Stage payments will be required on large orders to keep within credit limits. We will send a final balance invoice approximately 1 week before completion. Once this has been paid we will arrange delivery if this has been included or you may collect your order.
Any application or proposal for any formal insolvency
Trade customers. If we should become aware of a move towards insolvency in your company or any company group you are part of, (also individuals, sole traders) we may take any of the following actions. Demand immediate payment of all WIP and completed orders. We may suspend WIP until all payments are cleared. We may hold any of your property until your account is clear.
Return of goods
We do not accept the return of any made to order goods.
We warrant that the goods comply with their general description and the narrative on our acknowledgement of order form. To our knowledge goods are free from material defect at the time of delivery. (Not including parts not manufactured by us) Goods not manufactured by us will only be covered by original manufacturer warranties, this includes all fabrics and leathers. Structurally we offer a full guarantee on the construction of any chair or sofa for 2 years (1 year commercial) extending to 5 years on the frame when used in domestic applications. We give no other warranty as to the quality of the goods or their fitness for any purpose. If you believe that we have delivered goods that are defective in materials or workmanship, you must: Inform us in writing within 3 days, with full details, as soon as possible; and allow us to investigate. If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with our conditions in full, we will (at our option) repair the goods, replace the goods or refund the price. We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only); Direct financial loss, loss of profits or loss of use; and indirect or consequential loss. Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to the limit set by our insurance company. For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
Website, brochures and any other promotional material
Our website, any brochures, catalogues or other promotional material are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them when entering into any contract with us. The Chairmaker website is owned and operated by CVOUK ltd. Any electronic or published reproduction of it, in whole or in part is prohibited without the prior consent of CVOUK. However, private individuals may feel free to print images and information for personal reference.
Waiver and variations
Any waiver or variation of these terms is binding in honour only unless: it is made (or recorded) in writing; signed on behalf of each party; and expressly stating an intention to vary these terms. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by us shall be subject to correction without any liability on the part of us.
The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency. Unless otherwise agreed, the goods are supplied ex works our place of manufacture. Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979. You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit. We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
These terms and conditions are governed by English law. By accepting them you agree to submit to the jurisdiction of the English courts in relation to any disputes arising in connection with these terms and conditions or the contract between us. We reserve the right to amend these conditions without warning.
GDPR (General Data Protection Regulation May 2018)
You will be aware of the upcoming General Data Protection Regulation (EU) 2016/679 by now. As a supplier and processor of your company data, we are legally obliged to comply with this new legislation. Our Statement Follows.
If you would like to stop receiving marketing emails regarding new products, services, specials, pricing etc, you can unsubscribe at anytime. Simply click “Unsubscribe” from the footer of any such emails. Or just a simple email to email@example.com with The word ‘Unsubscribe’ in the subject line and we deal with your request.
Data Protection Policy
We understand that privacy and the security of your personal data is extremely important and we’re committed to ensuring that any personal data we collect from you is lawfully managed under the terms of the General Data Protection Regulation (EU) 2016/679 (‘GDPR’). This Policy sets out the basis on how we collect your information, what we do with your information, and how we keep it secure. It also explains your rights over any personal information we hold on you and how you can instruct us if you prefer, to limit the use of that information.
What kind of information do we hold?
1/ Information that you provide to us such as your name, postal address, email address, phone number and bank account details (for payments to you)
2/ Information about what kind of customer you are ie: trade or retail and the products you have previously purchased from us.
3/ Information collected from electronic communication you receive from us, including whether that communication has been opened and if you have clicked on any links within that communication.
4/ Information from other sources such as exhibitions, magazine responses, credit agencies and marketing/research companies.
How we may use your information?
We will only process your personal data for the purposes for which we collected it. If we need to process your personal data for an unrelated purpose, we will provide notice to you and when the law requires, seek your consent.
- We gather this information to allow us to present our services to you and to process your requests in the best possible way.
- The information may be used to communicate with you on any matter relating to the provision of the service in general.
- We may also use aggregate information and statistics for the purposes of monitoring web site usage in order to help us develop the web site and our service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
- Information from credit reference agencies and credit insurers may be used in making credit decisions such as setting credit limits and payment terms.
- We may process your personal data without your knowledge or consent where required by applicable law or regulation.
Who might we share your information with?
- We use partners and suppliers in aspects of our service delivery; we may share your information with them in order to facilitate them in providing their services.
- We may supply your email addresses to external agencies for promotions and tracking your responses to specific communications.
- We may need to disclose your personal data where we are under a legal duty to comply with any legal obligation or in order to enforce/apply our Terms and Conditions.
- We may need to disclose your information to protect our rights, property or safety of our customers which includes exchanging information with third party organisations for the purposes of fraud protection and credit risk reduction.
- If ever the event that this business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers’ advisers, and will be passed on to the new owners of the business so that they can continue to provide the service that we currently provide. We will require the purchaser to follow the practices disclosed in this Privacy & Data Protection Policy or to give you at least three months’ notice of any proposed changes.
How we protect your information?
All information you provide to us is stored on secure devices. We have implemented appropriate physical, technical, and organisational security measures designed to secure your personal data against accidental loss and unauthorised access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors and other third parties that have a legitimate business need for such access.
We require all our third-party service providers, by written contract, to implement appropriate security measures to protect your personal data consistent with our policies. We do not permit our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes in accordance with our instructions.
Rights of Access, Erasure and Objection
It is important that the data we hold about your company is accurate and current. Please keep us informed if any details need to be changed. By law you may have the right to request access to and correct the personal data that we hold about you, or object to the processing of your personal data under certain circumstances. You may also have the right to request that we transfer your personal data to another party. If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact us at firstname.lastname@example.org or in writing to our address as shown on our website.
We may request specific information from you to help us confirm your identity and your right to access and to provide you with the personal data that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, erased, or made your personal data anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal data, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
How long will we keep your information for?
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In any event this will not usually exceed six years from our last engagement with you after which the personal information will be securely destroyed. Under some circumstances we may anonymise your personal data so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Right to Withdraw Consent
Where you have provided your consent to the collection, processing and transfer of your personal data, you may withdraw that consent at any time. This will not affect the lawfulness of data processing based on consent before it is withdrawn. To withdraw your consent please contact us at email@example.com
We may wish to provide you with information about special features of our website or any special service or products which we think may be of interest to you. If you would rather not receive this information, please send an email entitled ‘Unsubscribe’ to firstname.lastname@example.org We will not send you information from third parties unless you request it.
Changes to Policy
We welcome your views about our business practice and our Privacy & Data Protection Policy. If you would like to contact us with any comments please contact us via our general email email@example.com
This is in addition to your right to contact the Information Commissioner’s Office (https://ico.org.uk/global/contact-us/) if you are unsatisfied with our response to issues you raise.