OUR TERMS

 

1.  THESE TERMS 

 

These are the terms and conditions on which we supply our goods to you, whether these.  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

2.  INFORMATION ABOUT US AND HOW TO CONTACT US 

 

2.1  We are Abitant Furniture Trading L.L.C. a company registered in Dubai whose registration number is 10131924 and whose registered office is at 3901-033, Floor 39, The One Tower, TECOM, Dubai, UAE. Our registered VAT number is 268152687.

 

2.2  You can contact us by writing to us at our registered office above or emailing us at uae@abitant-team.com.

 

2.3  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3.  OUR CONTRACT WITH YOU 

 

3.1  Our acceptance of your order will take place only when we email you stating that we accept it, at which point a contract will come into existence between you and us.

 

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods . This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

3.4  Goods can be purchased from us whether you live in the UK or abroad.  If you order Goods from outside if the UK, or wish to have Goods delivered outside of the UK then additional terms will apply (please see Clause 16).

 

4.  OUR GOODS

 

4.1  The images of the Goods on our website or in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the picture accurately reflects the colour of the goods.

 

4.2  Where goods are ordered separately we cannot guarantee that they will exactly match in colour due to differing batch orders received from our factory.

 

4.3  Although we have made every effort to be as accurate as possible, and because our Goods are made or order, all sizes, weights, dimensions and measurements indicated on our website or in our brochure are approximate.  If you wish to know the exact dimensions then please contact us before submitting your order.

 

4.4  Making sure your measurements are accurate. If we are making the goods to measurements (Bespoke Goods) you have given us you are responsible for ensuring that these measurements are correct.

 

5.  YOUR RIGHTS TO MAKE CHANGES 

 

5.1  If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8, Your rights to end the contract).

 

6.  OUR RIGHTS TO MAKE CHANGES 

 

6.1 We may change the goods to reflect changes in relevant laws and regulatory requirements but these changes will not affect your use of the Goods.

 

7.  PROVIDING THE GOODS

 

7.1  The costs of delivery will be as set out on the Order.

 

7.2  During the order process we will let you know when we will provide the Goods to you.  For most Goods, available in stock,soon as reasonably possible and in any event within 30 days after the day on which we accept your order.  For Bespoke Goods, or goods that are out of stock,we will contact you with an estimated delivery date.

 

7.3  We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

 

7.4  If you are not at home when the goods delivered. If no one is available at your address to take delivery of the goods, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

7.5  If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

 

7.6  You are solely responsible for:

 

7.6.1 Bringing to our attention any relevant facts or issues that my affect delivery of the goods including (but not limited to) parking restraints and/or limitations, narrow streets or restricted access, steps or stairs; and

 

7.6.2 Ensuring that the dimensions of the goods purchased are suitable for your premises, and can be delivered to your premises (i.e. that the goods are not too large to fit through doors or up stairways).

 

7.7  Upon receipt of the goods, please check them to make sure you are happy with them before you dispose of any packaging as, if you need to return the goods, they must be returned in their original packaging or you will have to provide at your own cost, suitable packaging for collection.

 

7.8  If the goods are damaged on delivery, please mark the delivery  note (including any  hand-held device) that the goods were damaged on delivery or do not accept delivery and the goods will be returned to us.

 

7.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us.  If we are unable to deliver the goods due to delivery issues (see clause 7.6) then we reserve the right to leave the goods at the curb side of the delivery location, or to return the goods to us and Clause 10 will apply.

 

7.10  When you own goods. You own the goods once we have received payment in full.

 

8.  YOUR RIGHTS TO END THE CONTRACT 

 

8.1  Your rights when you end the contract will depend on what you have bought and whether there is anything wrong with it:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced), see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c)  If you have just changed your mind about the goods, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d)  In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.6.

 

8.2  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any gods which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the goods or these terms which you do not agree to (see Clause 6.2);

(b)  we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the goods may be significantly delayed because of events outside our control.

 

8.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013). Unless you have asked us to make Bespoke Goods for you, then you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

8.4  For Bespoke Goods, you have no right to change your mind once we have accepted your order.

 

8.5  How long do I have to change my mind?  You have 4 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

 

8.6  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered, and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the

 

9.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 

 

9.1  To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on +44 (0)20 3302 4909 or email us at info@abitant.co.uk. Please provide details of what you bought, when you ordered or received it and your name and address.

(c)  By post. Complete the form attached and post it to us at the address on the form.

 

9.2  Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please email us at info@abitant.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.  All goods must be returned to us in the original packaging.

 

9.3  We will only pay the costs of return:

(a)  if the goods are faulty or misdescribed;

(b)  if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description or a delay in delivery due to events outside our control.

 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 

9.4  What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

 

9.5  Any refund that is due to you will be made by the method you used for payment. However, we may make deductions from the price, as described below.

 

9.6  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.  We will only provide a refund once we have inspected the goods and are satisfied that the goods have not been damaged or handled in an unacceptable way.

(b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the goods back from you.

 

10.  OUR RIGHTS TO END THE CONTRACT 

 

10.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

 

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.  For Bespoke Goods, this could be up to 100% of the full order value.

 

11.  IF THERE IS A PROBLEM WITH THE GOODS

 

11.1 If you have any questions or complaints about the product, please contact us. You can write to us at our registered office or email us at info@abitant.co.uk.

 

11.2  Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.  This means that the goods we supply must be of satisfactory quality, fit for their general purpose and meet any description given to them.  For Bespoke Goods, we also have to use reasonable care and skill in making the goods to your specifications. Nothing in these terms will affect your legal rights.

 

11.3  Your obligation to return rejected goods f they are faulty. If you wish to exercise your legal rights to reject goods you must allow us to collect them from you. We will pay the costs of collection. Please email us at info@abitant.co.ukto arrange collection.

 

12.  PRICE AND PAYMENT 

 

12.1  The price of the product (which includes VAT) will be the price as set out in your order.  Weuse our best efforts to ensure that the price of the goods advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the goods you order.

 

12.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

 

12.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the good’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the good’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

12.4  We accept payment by way of bank transfer and our banking details will be shown on the Pro-formal invoice.  You must pay for the goods before we dispatch them.

 

13.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

 

13.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

13.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective products under the Consumer Protection Act 1987.

 

13.3  We are not liable for business losses. We only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you wish to purchase our goods in the course of a business then please contact us and we will provide you with our business purchase terms.

 

14.  HOW WE MAY USE YOUR PERSONAL INFORMATION 

 

14.1  How we will use your personal information. We will use the personal information you provide to us:

(a)  to supply the goods to you;

(b)  to process your payment for the goods (where applicable); and

(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

14.2  We will only give your personal information to [other] third parties where the law either requires or allows us to do so.

 

15.  OTHER IMPORTANT TERMS 

 

15.1  We may transfer our rights and obligations under these terms to another organisation.

 

15.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

15.3  Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms

 

 15.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

15.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

15.6  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

15.7  Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider and, although we are not a member of an ADR, we will consider, at our absolute discretion, whether we will agree to your use of that ADE provider.  In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

16.  ADDITIONAL TERMS FOR PRODUCTS TO BE DELIVERED OUTSIDE OF THE UK

 

16.1  The timing and the cost of delivering will be as shown on the Order.

 

16.2  You are responsible for payment of any import tax, local duties etc. that may be payable upon import and/or delivery of the Goods. 

 

16.3  The goods will be deemed delivered if, for any reason, they are seized by any import or other government body due to the non-payment of import or any other tax or duties.

 

16.4  You will also be responsible for paying any duties or tax payable on the Goods if they are returned to us when they are delivered back to the UK.

 

16.5  If you cancel this contract for goods that have been delivered outside of the European Union we will reimburse to you the cost of the goods once you have returned them to us, but not the cost of delivery.   BUT WE WILL DEDUCT THE ORIGINAL DELIVERY COSTS EVEN IF WE HAVE NOT CHARGED THESE TO YOU IN THE FIRST INSTANCE

 

 

 

 

 

CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

 

To         Abitant Furniture Trading L.L.C. Dubai

3901-033, Floor 39, The One Tower, TECOM, Dubai, UAE

Email    uae@abitant-team.com

 

I/We [*]

hereby give notice that I/We [*]

cancel my/our [*] contract of sale of the following goods [*]

 

Ordered on [*]

received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

 

[*] Delete as appropriate