NIGHTS (NEW ERA) LTD t/a NIGHTS IN IRON (“NNE”)
GENERAL CONDITIONS OF SALE (Please scroll to bottom for Website Conditions of Sale)
1. Basis for Sale
- NNE shall sell and the buyer shall purchase goods in accordance with any order of the buyer which is accepted by NNE subject to these conditions which shall govern the contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the buyer.
- No variation to these conditions shall be binding unless agreed in writing by the authorised representative of NNE and the buyer.
- Any samples illustrations or descriptive material including but not limited to information contained in NNE’s brochures, advertising material or elsewhere shall not form part of the contract and shall be treated as approximate and for guidance only unless specifically stated elsewhere.
- NNE reserve the right to change design specification at their discretion without notice.
- No order which has been accepted by NNE may be cancelled by the buyer except with the agreement in writing of NNE and on terms that the buyer shall indemnify NNE in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by NNE as a result of cancellation.
2. Price of Goods
- The price of the goods shall be the price quoted at the time of order acceptance.
- All prices are on an ex works basis and where NNE agrees to deliver the goods otherwise that at NNE’s agrees to deliver the goods otherwise that at NNE’s premises the buyer shall be liable to pay NNE’s charges for transport, packing and insurance.
- Unless otherwise agreed, the price is inclusive of value added tax and refund to which the buyer is entitled shall only be released after receipt by NNE of the appropriate certificate of export.
3. Payment Terms
- NNE shall invoice the buyer with the price of the goods, and full settlement of the price is required 14 days after order placement and prior to delivery, and any payment shall be in cleared funds prior to the release of the goods. Title in the goods shall not pass until payment is received.
- NNE may demand a deposit to cover costs and such deposits shall only be returnable at the discretion of NNE.
- If the buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to NNE, NNE shall be entitled to:3.1 cancel any contract and suspend any further deliveries to the buyer, and
3.2 charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2.5% per calendar month (such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month) until payment is made.
- Delivery of the goods shall be made by NNE delivering the goods to the buyer or his agent. Delivery is to the door of the delivery address unless otherwise contracted at the time of order placement.
- NNE shall endeavour to deliver the goods by any date quoted for delivery but such date is not guaranteed nor shall the time for delivery be the essence.
- If NNE fails to deliver the goods for any reason other than any cause beyond NNE’s reasonable control and NNE is accordingly liable to the buyer, NNE’s liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
- If the buyer fails to take delivery of the goods then without prejudice to any other right or remedy available to NNE, NNE may:
4.1 store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage and redelivery, or
4.2 sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the buyer for any shortfall below the price under the contract.
5. Risk and Property
- Risk or damage to or loss of the goods shall pass to the buyer at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when NNE has rendered delivery of the goods.
- Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until NNE has received in cash or cleared funds payment in full of the price of the goods agreed to be sold by NNE to the buyer for which payment is then due.
6. Warranties and Liability
- NNE warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.
- The above warranty is given by NNE subject to the following conditions:
– NNE shall be under no liability in respect of any defects in the goods arising from any drawing, design or specification supplied by the buyer.
– NNE shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, or failure to follow NNE’s instructions (whether oral or in writing), misuse or alterations to the goods.
- Where the goods are sold under a consumer sale (as defined by the Sale of Goods act 1979) and under the Consumer Contracts Regulations Distance selling) June 2014 the statutory rights of the buyer are not affected by these conditions.
- Any claim that is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to NNE within two days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the buyer does not specify NNE or any claim in accordance with the provisions of this condition, NNE shall have no liability for such defect or failure and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
- Where any valid claim in respect of any of the goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to NNE, NNE shall, at its sole discretion, replace the goods (or the part in question) free of charge or refund to the buyer the price of the goods (or a proportionate part of the price) but NNE shall have no further liability to the buyer.
- The price of the goods is determined on the basis of the limits of liability set out in these conditions.
- All goods are hand made and may vary slightly in texture, colour and dimensions. Leather products may show natural marks and scars on the hides.
These conditions shall be governed by and construed in all respects in accordance with English Law.
CONDITIONS OF SALE
Nights in Iron (Nights (New Era) Ltd) adhere to the statutory Consumer Contracts Regulations, June 2014 for distance selling. These conditions apply to all purchases you make at a distance and include orders placed with us on line, by mail order, or over the phone.
Please ensure that you read these conditions carefully before ordering.
Your right to cancel
You have the right to cancel your order at any time until 7 days after the goods have been delivered. The only exception to this is where the goods have been tailor-made (i.e manufactured to customer specification) when other conditions may apply (see note 1 below).
You should contact us first by telephone and then confirm your cancellation by either email, fax or letter.
Although you are not obliged to give any reason for your cancellation, we will always appreciate your feedback as to why you are not satisfied with our product or services.
Except in the case of goods as in note one below, where goods have yet to be delivered, any payments made against your purchase will be refunded within 7 days of your confirmed cancellation. Where goods have already been delivered, payments made against your order (including any outbound delivery or assembly charges) will be refunded within 14 days of the goods being received back at our warehouse.
There will be a one-off returns charge of £24 to compensate for the costs incurred in collecting and returning cancelled goods to our warehouse and this will be deducted from your refunded payment. Where goods are returned because of fault or workmanship, this charge does not apply.
In the case of cancellation after goods have been delivered, you are responsible for the safe storage of the goods prior to their return to our warehouse and reasonable care must be taken of goods to be returned in a saleable and good condition in their original packaging. It is a good idea to retain the packaging until you are entirely satisfied with your purchase. We will normally arrange for the goods to be collected and returned to our warehouse within 21 days from your cancellation request (subject to the returns charge mentioned above). You may, if you prefer, make your own arrangements for the safe return of cancelled goods.
Note 1 – exceptions to your right to cancel.
Where goods are manufactured to an agreed specification other than to our standard advertised product (as shown on our website). In the case of iron products, this includes colours other than ‘Gunmetal’ or ‘Black’.
For reasons of health and hygiene, where mattresses have been removed from their original box or packaging after delivery.
You can always return goods if they are faulty. Should you find your products to be defective, please contact us within 48 hours of delivery. Your complaint should also be confirmed in writing (email, fax or letter)
We will normally arrange for faulty goods to be collected from your premises as soon as possible and returned to our warehouse for repair or replacement free of charge.
The prices quoted on the Website are inclusive of VAT at the standard rate and exclusive of delivery charges (except where shown).
The availability and specification of the Goods are subject to change without notice, although we will try and give you notice wherever possible.
All descriptions, drawings and specifications on the Website are published for illustration purposes only and are not binding on us.
The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We are under no obligation to provide the Goods to you at an incorrect price.
Your statutory rights are not affected.