TERMS & CONDITIONS
Terms & Conditions
These terms and conditions of sale constitute a binding agreement between Lamco Design Ltd (us/we/our) and its customers (you/your) which applies to all purchases by you from our website or in store purchase. Please note that the majority of products are bespoke. These terms and conditions do not affect your statutory rights. To order the goods through the Lamco or MisuraEmme website the purchaser must be at least 18 years old and able to accept delivery within the United Kingdom.
1. CONDITIONS APPLICABLE
1.1 Many of the goods we sell are of a technical and bespoke nature and whilst we endeavour to publish as much information as is practical about the goods, the descriptions of the goods are as set out on the website. All drawings, photographs, descriptive matter, colour, specifications and advertising on our website are for the sole purpose of giving an approximate idea of the goods.
We have a showroom at Poole, Dorset, and other completed projects at various sites that the customer is invited to visit prior to ordering the goods on line so that they can see the quality of goods being offered on our Web Site. Please note that the goods are of bespoke nature and can not be cancelled after the payment of the non refundable deposit. Once the manufacturer has confirmed the order, you are liable for the entire value of the order.
1.2 These terms and conditions shall apply to the contract to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under your purchase order confirmation of order or similar document.
1.3 Any typographical clerical or other error or omission in any sales literature shall be subject to correction without any liability on our part.
1.4 Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us prior to placing the order.
1.5 Any representations made by our employees or agents (including customer services) concerning the products shall not be incorporated into the contract unless confirmed by us in writing and in entering into the contract you acknowledge that you do not rely on and waive any claim for breach of such representations, which are not so confirmed.
1.6 You are provided with access to this website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions.
1.7 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof including these terms and conditions) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
2. ORDERS OF PRODUCT (S).
2.1 All orders are subject to acceptance in accordance with our order acceptance policy set out at clause 3 below.
3. FORMATION OF CONTRACT AND ORDER ACCEPTANCE POLICY
3.1 You can place your order for our products:-
3.1.1 By paying a non refundable deposit against an estimate and/or using our online secure paypal methord.
3.1.2 On our web site by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the website.
3.2 We will send to you an order acknowledgement by email or letter detailing the products you have ordered. This is not an order confirmation or order acceptance from us.
3.3 Order acceptance will take place once you have received an order confirmation from us, unless prior to your receipt of our order confirmation, we have notified you that we do not accept your order. The order confirmation will be issued once the second measure, if necessary, has been completed and the manufacturer in Italy has acknowledged the order.
3.4 The order confirmation document supersedes all previous documents.
3.5 Non-acceptance of an order may be a result of one of the following:
3.5.1 Our inability to obtain authorisation for your payment
3.5.2 The identification of a pricing or product description error
3.5.3 Our inability to process your order due to missing information.
3.5.4 The delivery address is in an area of inaccessibility.
3.5.5 The product(s) you have ordered are out of stock (whether temporarily or otherwise);
3.5.6 Delivery is delayed for reasons beyond our control, including (but without limitation to) the reasons set out at clause 5 below;
3.6 Prior to accepting your order we shall take steps to authenticate any credit/debit details.
3.7 If there are any problems with your order, you will be contacted by customer services.
3.8 Prior to acceptance by us, we reserve the right at any time and at our sole discretion to:-
3.8.1 withdraw any product(s) from this website; and/or
3.8.2 remove or edit any materials or content on this website; and/or
3.8.3 reject any order.
4. DELIVERY 4.1 We aim to deliver (via national or local carrier, including our own vehicles.) all products as shown on our order confirmation. Delivery times will be estimated on our order confirmation.
4.2 Whilst we aim to deliver all products when scheduled, we cannot guarantee delivery on this day and any date quoted for delivery of the products is approximate only. Further, we shall not be liable for any loss suffered by you arising from any delay in the delivery of the product(s).
4.3 Reasons for delay or non-delivery could be:
4.3.1 During holiday periods eg: Christmas, Easter, Factory annual shutdown.
4.3.2 The delivery area is in an area of inaccessibility.
4.3.3 Unforeseen circumstances, such as but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond our control.
4.3.4 The product(s) that you have ordered are not in stock.
4.4 If we cannot deliver on the scheduled delivery date, for any reason, we will update you by e-mail or telephone as to the progress of your order, advising you of the anticipated delivery date, and contact you by email or telephone once your product(s) is (are) ready for dispatch
4.5 We offer FREE local delivery on all products within a 10 mile radius of Poole, Dorset. Deliveries outside this area and to the Isle of Wight, or elsewhere in Europe can be arranged but at an additional cost. Our normal deliveries are Monday – Friday within working hours. We can also deliver before Midday on a given day including Saturdays but at an additional cost. We cannot deliver on Sundays.
4.6 We have broken down our delivery procedure into 3 steps, which should ensure a smooth, and efficient delivery service:-
STEP 1. Order acknowledgement: On receipt of your order, we will send you an order acknowledgement by email. The acknowledgement will give you full details of the product(s) you have purchased, delivery address, and financial details of the transaction. Please take time to carefully check:-
Your name, delivery address, telephone numbers and postcode are correct. The products are correct, (including, colours, quantities required etc.) The financial details total correctly If you do not receive an acknowledgement or if you find any errors, phone or e-mail customer services using the contact details set out below at clause 14.
STEP 2. Order confirmation: Prior to dispatch of your product(s), we will send you an order confirmation by e-mail, giving you full details of the product(s) you have purchased, delivery address, financial details of the transaction and an anticipated delivery day.
If you do not receive an order confirmation, or if you find any errors, phone or e-mail customer services using the contact details set out below at clause 14.
If the anticipated delivery day is not convenient or if you find any errors, please phone or e-mail customer services using the contact details set out below at clause 14 and quote your personal order/reference number provided on the order confirmation.
PLEASE NOTE DISPATCH WILL NOT TAKE PLACE UNLESS YOU HAVE RECEIVED AN ORDER CONFIRMATION.
STEP 3. Delivery of your product(s): Following successful completion of steps 1 and 2, delivery will take place on the confirmed day. This may or may not be the anticipated delivery day in the order confirmation.
4.8 Delivery is generally carried out by Lamco Design Ltd or a national carrier and their experienced delivery drivers, who will deliver your new products to the most easily accessible ground floor door to your premises. Please note that if you live in a block of flats or in a basement premises, your product(s) will only be delivered to the most easily accessible ground floor door of the building, and will not be delivered to your specific door of your premises within the building or basement, unless we have agreed this in writing, normally on the order confirmation. If the goods purchased include installation Lamco Design Ltd will either deliver the goods themselves or follow the courier and if agreed in writing will be responsible for the disposal of your old products, and/or the new packaging. Please check your order confirmation for more details.
5. FAILED DELIVERY ATTEMPT 5.1 If, contrary to clause 4. above, and otherwise than by reason of our fault:-
5.1.1 you fail give us adequate delivery instructions and/or fail to inform us that there are errors in the order acknowledgement and/or order confirmation relating to your delivery address details;
5.1.2 you fail to inform us that the anticipated delivery day is not convenient and/or that there are errors in your order confirmation relating to your delivery address details and as a consequence you fail to take delivery of the product(s) whenever they are tendered for delivery, then without prejudice to any other right or remedy available to us, we reserve our right to and will generally seek to recover transportation costs for the return trip. As an alternative, you may arrange carriage at your expense for the return of the product(s).
5.1.3 Storage – Charges. We reserve the right to charge for storage 7 days after the agreed delivery date. We will charge the commercial rate at cost plus 10% administration charge and this must be paid prior to us releasing the goods.
6. RETURNS & CANCELLATION POLICY
6.1 – Defective items delivered.
As soon as is reasonably practicable you shall examine your order and advise Lamco Design Ltd immediately thereafter if you believe it to be defective or in any other way deficient. This information must be in writing, with pictures. If it is established that the goods have been received with a defect. The item must be returned to us within 7 days of purchase and a replacement will be manufactured and delivered as soon as possible.
For bespoke and made to measure items, cancellations cannot be made after payment of the non refundable deposit. Once the manufacturer has confirmed the order, you are liable for the entire value of the order.
Should your items be non-bespoke or made to measure you can return the items within 7 days. A 40% return fee will be chargeable in these circumstances, as we will have to take delivery of your ordered goods.
Returned items must be unused and in a saleable condition. The goods must be returned will all the original packaging, including attached labels and it has not been used, cleaned, soiled or damaged in anyway and the appropriate receipt is tendered. You will be responsible for the return carriage charge
and proof of delivery.
Variations will only be accepted at the discretion of Lamco Design Ltd. These must be made in writing and sent by recorded deliver to Lamco’s registered office.
6.2 You will own the goods once we have received your payment in full. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of the terms and conditions.
6.3 You are responsible for making arrangements at your expense for the carriage and the return of the product(s) to us. Please ensure that these product(s) are wrapped well in their original packing, and if necessary use additional packaging. You are required to wrap the product in such a manner as to ensure that it can withstand the normal conditions associated with transporting it back to the supplier Product(s) will remain the responsibility of you until they are received by us, following which we will refund payment after taking the 40% returns fee into consideration and provided the product(s) are received by us undamaged. 6.3 You need to ensure that all reasonable care is taken of the product(s) whilst in your possession.
7. PRICE & PAYMENT
7.1 Except as otherwise provided in these terms and conditions or unless otherwise agreed in writing by us, in accordance with clause 4.6 above, the price is exclusive of delivery/shipping costs to the delivery address notified by you.
7.2 We reserve the right to increase the price to reflect any taxes or duties that are or may from time to time be levied by any governmental statutory or local authority upon the sale of the product(s) and any necessary additions shall be charged at the rates prevailing at the date of invoice.
7.3 If the delivery address given on an order is outside the UK, an import tax may be payable upon receipt of the goods. The amount payable depends on the destination and may be subject to change. These payments are the responsibility of the customer and we accept no liability for any payments, which may be due.
7.4 The price listed includes VAT (Value Added Tax) at the UK standard rate of 20%. If at any time we deem it necessary to change the price, we shall have the right to give written notice of such a change to you in line with HMRC ruling.
7.5 All orders are payable in full before delivery. Interest (before and after judgment) on any unpaid balances is chargeable at the rate of 4% per annum above HSBC Bank PLC base rate from time to time until payment in full is made.
7.6 We accept all major credit cards/debit cards VISA, Delta, MasterCard, Switch and Solo. We use secure webpages and offer the use of our secure real time credit card transaction server. We reserve the right to charge an administration fee for payments over £3,000.00
7.7 You must confirm that the credit or debit card that is being used is yours in order to purchase product(s) on our website or over the telephone.
7.8 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, without prejudice to clause 6 above, we shall be permitted to cancel our contract with you.
8.1.1 The manufacturer(s) of your particular product(s) may offer a guarantee(s) of various periods on the product(s) from the date of delivery of the product(s). Please note that the terms of any manufacturer’s guarantee shall be attached to your product(s) on delivery and is offered as an extra benefit and does not affect your statutory rights as a consumer. The manufacturer’s guarantee terms will contain warranties relating to the quality of their product(s).
All goods are supplied to standard of quality specified by the supplier/manufacturer.
8.1.2 Any complaints made by you in the first year should be made initially by e-mail to us, quoting your order reference number and outlining the nature of your complaint. We shall then investigate the matter. We may call on the expertise of the manufacturer to assist in any investigation for example, to examine any alleged defects.
8.1.3 In subsequent years, we offer as an extra benefit to you an additional guarantee, separate from and extending the manufacturer’s guarantee (where applicable) to 5 years, depending on the length of the manufacturer’s guarantee. We will levy a charge for the replacement of the faulty item. The charges are based on a sliding scale, the older the item is, the more you will need to contribute towards the replacement (including delivery costs) which would be calculated as follows (please note that the periods set out below are defined with reference to the date from delivery):-
12-23 months 20% charge of replacement (calculated by reference to new price);
24-35 months 40% charge of replacement (calculated by reference to new price);
36-47 months 60% charge of replacement (calculated by reference to new price);
48-60 months 80% charge of replacement (calculated by reference to the new price).
8.1.4 In order to be entitled to a replacement product in accordance with our additional guarantee, referred to at clause 8.1.43above, you would need to comply with our additional guarantee conditions, set out at clause 8.2 below.
8.2 Our Additional Guarantee Conditions
• That you do not place furniture near heat sources or air conditioning units.
• You avoid changes in humidity and especially steam.
• You avoid rooms that may cause extreme temperature change such as conservatories, as this may cause excessive timber movement and cracking.
• You always leave a gap behind wardrobes and wall units to allow air to circulate.
• You protect furniture from strong or prolonged sunlight.
• You avoid marking furniture with sharp objects, for example when using a ballpoint pen.
• You carefully lift you’re free standing bedroom furniture, never drag or push it.
• You do not place hot dishes, cups or plates onto any cabinet or table top – use insulated mats as protection.
• You don’t overstrain drop flap stays and hinges or place heavy items onto glass shelves.
• You take care not to drag items across a wood surface or to put heavy items on the surface without protection.
• You protect wood surfaces with felt under-cloths and place mats.
• You assume that all wooden furniture will not resist water, chemicals or heat.
• Note: Natural wax finishes are porous and stain easily.
• Note: Heavy furniture will leave indentations in carpets and may mark hard flooring if it is dragged across.
· Wood is a naturally occurring product; part of its beauty is that no two pieces can be the same. The depth, shade of colour and grain pattern vary from item to item.
· You never use silicon or wax polishes that leave residue on surfaces.• With Sliding doors, runners should be dusted regularly and kept free of obstacles to avoid damage.
8.2.3 The additional guarantee is void and you will not be entitled to a replacement product if a fault results from misuse of the product. Examples of misuse would include:-
Subjecting the product(s) to excessive wear and tear, e.g.
Using the product(s) for which it was not designed (e.g. Sitting on a TV Unit);
Overloading any drawers and causing distortion of the base.
8.2.4 Wherever possible, any replacement will be made of identical material. However, if no longer available, we reserve the right to substitute appropriately with a similar material or one of higher quality.
9. INTELLECTUAL PROPERTY AND RIGHT TO USE 9.1 You acknowledge and agree that all current and future copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors. or us
9.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. TITLE AND RISK 10.1 Until such time as the property in the products passes to you, you shall hold the products as our fiduciary, agent and bailee and shall keep the products separate from those belonging to you and third parties and properly stored in the original wrappings, protected, insured and identified as owned by us.
10.32Until such time as the property in the products passes to you, we shall be entitled at anytime to require you to deliver up the products to us and if you fail to do so immediately to enter your premises or premises of any third party where the products are stored and repossess the products.
10.3 You shall not be entitled to pledge for any indebtedness any of the products which remain our property but if you do so, all monies owing to us by you shall (without prejudice to any other right or remedy available to us) immediately become due and payable.
11. FORCE MAJEURE We shall not be liable for delay or non-delivery by reason of but not limited to lock-outs, strikes, riots, malicious damage, labour disturbances, trade disputes, government action, (including action by any local or statutory authority), fire, floods, vehicle breakdown, acts of God, delays by suppliers or any other cause whatsoever beyond our control.
12. LIMITATION OF LIABILITY
12.1 We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
12.2 We will not be liable, in contract, (including, without limitation, negligence (whether caused by us or our servants, agents or employees) or any other duty at common law), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or any implied warranty condition or under the express warranty terms of the contract or otherwise out of or in connection with the conditions for:
12.2.1 any economic (including consequential) losses or damage (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
12.2.2 any costs, expenses or other claims for compensation whatsoever
12.2.3 any loss of goodwill or reputation; or
12.2.4 any special or indirect losses suffered or incurred by you or any third party arising out of or in connection with the provisions of any matter under these terms and conditions.
12.3 Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
12.4 Our liability hereunder for any delay in performing or any failure to perform any of our obligations in relation to the product(s) shall be limited to the excess (if any) over the price of the cost to you in the cheapest available market of similar goods to replace those not supplied.
13. GENERAL 13.1 We may perform any of our obligations or exercise any of our rights hereunder by ourselves or through our servants, agents, employees or any other person so nominated by us.
13.2 Any reference in the terms and conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
13.3 The headings in these terms and conditions are for convenience only and shall not affect the interpretation.
13.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or other provision.
13.5 No failure by us to exercise any power given to us or to insist upon the strict compliance by you with any obligation hereunder and no custom or practice of the parties at variance with the terms and conditions hereof shall constitute any waiver of any of our rights under the contract.
13.6 If any provisions of these terms and conditions are held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby.
13.7 Any notice given hereunder must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed.
13.8 Except as otherwise provided nothing in the contract shall confer on any third party any benefit or the right to enforce any terms of the contract.
13.9 The contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
14. CUSTOMER SERVICES CONTACT DETAILS Telephone 044 (0)1202 694963 or (0)1202 604576 ( 5 Days ) E-mail info@lamco-Design co.uk or email@example.com
Registered Office: Lamco Design Ltd Ltd. Unit B1 & B2 Waterloo Road, Poole United Kingdom. BH17 7LG