Terms & Conditions
In these Terms and Conditions, the following words and expressions, unless the context requires otherwise, shall have the following meanings:
“Company”: Fig Atelier, Hesslewood Hall BC, Ferriby Road, Hessle HU13 0LH.
“Contract”: Any contract (the Terms and Conditions of which are detailed here) between the Company and the Customer for Sale of Goods and any service provided for the Customer by the Company.
“Customer”: The individual or organisation, whether limited or unlimited, whose name and address appear on the customer confirmation order.
“Terms and Conditions”: Those Terms and Conditions detailed here which will apply to all contracts for the Sale of Goods to a Customer and/or any works done for a Customer.
GENERAL
The following Terms and Conditions apply to all orders placed on the Fig Atelier website, in the showroom, or by telephone. The placing of an order, following the Company’s quotation of a price, shall not be binding on the Company, until or unless confirmed in writing by the Customer Confirmation Order, signed by the Customer and the Company. At this point the purchase price is payable by the Customer to the Company. A Customer placing an order in this way indicates acceptance of these Terms and Conditions. We ask, therefore, that you please read them carefully and print a copy for your records.
Not sure of the context in which this is relevant???? In the case of orders given verbally by the Customer to the Company, whether by telephone or otherwise, the price quoted by the Company and recorded on a Customer Order Form will be sent to the Customer and, returned duly signed by the Customer, with the full payment requested, within 7 days of dispatch. This order will be conclusive and binding as to the price, type and quality of the product ordered, the delivery point and delivery date.
Additions or alterations to orders, however they are placed, will not be binding until confirmed in writing by the Company. These may also be subject to extra charges which will always be notified.
Any advice or recommendation given by the Company or agents, or agents to the Customer, as to the storage, application, or use of the products, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk. Accordingly, the Company will not be liable for any such advice or recommendations which are not confirmed.
Any typographical, clerical error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, Customer Order Form or other document, or in the Fig Atelier website information, issued by the Company, will be subject to correction by the Company without any liability on part of the Company.
Fig Atelier accepts no liability in respect of products ordered by the buyer if the dimensions are unsuitable for the Customer’s premises, or if access to the Customer’s premises is impossible or impracticable.
WARRANTY
All products supplied are covered by the Terms and Conditions of the Manufacturer’s Guarantee for a period of 12 months. Should the Customer’s purchased products develop a manufacturer’s fault within 12 months of date of purchase, the Company will either replace or repair it as we deem most appropriate. This guarantee specifically excludes faults caused by accident, neglect, misuse and general wear and tear by the Customer.
RETURNS
Customised or made to order goods:
Please note that where Fig Atelier’s products are tailor-made to the Customer’s personalised specification, they are non-returnable once they have been delivered. It is, therefore, imperative that the Customer understands this before completing the transaction.
Fig Atelier will repair any faults on delivered goods to the Customer’s satisfaction, and make good on any deficiencies. If for any reason Fig Atelier accepts that such products can be returned, and under special circumstances, this will be at the Company’s discretion. In that case the product must be returned in its original packaging, if this is still with the Customer. All reasonable care must be taken to ensure the items have not been damaged while in the Customer’s possession.
If for any reason Fig Atelier agrees to accept the return of the product, the Customer will be refunded subject to a 40% re stocking fee, as the Company generally has no way of re-selling the Goods to anyone else. In such circumstances, returned items would have to be sent back to the Manufacturer. Consequently, any returned goods are at a direct loss to Fig Atelier. On top of the handling fee for returned items, we will further charge for all the costs of the delivery, assembly, dis-assembly and the return transport and management of the goods in the warehouse.
Goods which are not customised or made to order:
Under the Consumer Contracts Regulations 2013, consumers purchasing online who have changed their mind about their purchase may be able to get a refund within a 14 day cooling-off period following receipt of the goods. The sum refunded may be subject to deductions and will include the cost of returning the goods. A consumer wishing to exercise this right should contact the Company in the first instance (01482 631753; e-mail: hello@figatelier.co.uk; Hesslewood Hall BC, Ferriby Road, Hessle HU13 0LH).
CANCELLATIONS
The Customer will own the goods once Fig Atelier has received payment in full and the Customer has taken delivery of the goods. The Company will issue the Customer with an electronic invoice upon confirming the order. Failure by Fig Atelier to enforce any of these Terms and Conditions will not affect the Company’s right to enforce the rest of these Terms and Conditions.
Full cancellation of an order is possible in the first 7 days after the order is placed. Where products are made-to-order cancellations after 7 days may result in a full cancellation fee and a cancellation charge.
The Company may cancel this Contract at any time before the goods are delivered by giving written notice. On giving such notice, the Company shall promptly repay the Customer any sums paid in respect of the price. The Company will not be liable for any loss or damage arising from such cancellation.
If the Manufacturer of the product refuses to accept Fig Atelier’s cancellation, the Company may be able to offer the product for resale at the best possible price. If this is possible, the Company will pass on 100% of the sale price to the original Customer, excluding all reasonable storage and delivery costs, on completion of the sale.
FORCE MAJEURE
Notwithstanding any agreement to the contrary, deliveries may be totally or partially suspended by Fig Atelier during any period in which the Company is prevented or hindered from manufacturing, supplying or delivering the goods as a result of acts of God, fire, accident, war, terrorism, riot, civil commotion, government order, regulation or directions, shortage of labour, equipment or material, strikes, lockouts or any other contingencies whatsoever beyond Fig Atelier’s control, whether of the same nature of the foregoing or not. Any delivery of items which have been totally or partially suspended shall be accepted by the Customer commencing as soon as Fig Atelier is no longer prevented or hindered from manufacturing, supplying or delivering.
FAULTY ITEMS
The Company strongly recommends that Customers inspect all products as soon as they arrive. If an item has any transport damage or a fault please notify Fig Atelier by phone or in writing as soon as possible (telephone: 01482 631753; email: hello@figatelier.co.uk; Fig Atelier, Hesslewood Hall BC, Ferriby Road, Hessle HU13 0LH) or within 3 days of receipt, quoting the order reference number, Customer name and address, details of the product and fault, and the Company will arrange a resolution.
If no such notice is received within 3 days of delivery, the goods shall be cleared to be supplied in accordance with the Contract and to have been accepted by the Customer. Where the Customer gives notice to the Company as stated, the Customer shall keep the goods intact as delivered for a period of 21 days after receipt by the Company of the Notice, during which the Company, its agent or servants will ask to visit the Customer’s premises to investigate the complaint.
Fig Atelier will require photographs of any damage to assist in the resolution process. The Company will then advise on how to proceed with the return of the product if this is necessary. Replacement of the product or parts thereof may take up to 10 weeks (the Company will advise on the timing depending on the product involved and the time of year). If the item can still be used, and the Customer would like to do this until a part or replacement can be arranged, please let Fig Atelier know. This will not affect the Customer’s statutory rights or delay the Company’s response in rectifying the problem. Please check with Fig Atelier first, however, as for technical reasons, this is not always possible with every product.
SELF-ASSEMBLY
For self-assembly items it is important that Customers read the assembly instructions very carefully as Fig Atelier cannot accept responsibility for any self-assembly products that are damaged because the instructions were not properly adhered to.
Before assembling any self-assembly furniture Customers should please ensure that all parts have been inspected. If there is any damage Customers should not commence any assembly but immediately notify Fig Atelier of the situation. The Company reserves the right to reject the return of a product where Customer assembly has been undertaken, or to deduct an amount to compensate for any repair, handling or recovery costs in this case.