Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE

 

OF www.salonlibertinewest.co.uk

 

These terms and conditions apply to emailed orders placed with Salon Libertine^TM West, or orders placed on www.salonlibertinewest.co.uk. By placing an order with Salon Libertine West you will be deemed to have read, understood and agreed to these terms and conditions.

Salon Libertine^TM  is a trademark registered to Victoria Natasha Eliot Hill.

Salon Libertine West is owned by Victoria Hill, registered at Spencecombe Farmhouse, Crediton, Devon EX17 5BT, UK

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Salon Libertine West of UK Spencecombe Farmhouse, Crediton, Devon EX17 5BT, UK that owns and operates www.salonlibertinewest.co.uk

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means www.salonlibertinewest.co.uk

 

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 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 the Seller.

2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3 ORDERING

You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications including without limitation measurements, dimensions, product features, access and delivery.

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.

3.2 Wallpapers are printed to order, with a lead time of approximately 3 weeks. However, sometimes there may be delays due to production or delivery issues beyond our control. We do hold some small stocks and will advise you if we have your quantity in stock upon receipt of payment via email. 

3.3 Salon Libertine West will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems, failures or sub-contractor transport or network access, flood, fire, explosion or accident.

3.4 Specifications: Every care has been taken to ensure that descriptions, measurements, colours and prices are correct. All pattern repeats and widths are approximate. We reserve the right to withdraw, or amend, the specification of any goods and pattern without further notice to you. You should allow for a +/- 5% variance on wallpaper repeats and widths due to the production process which is beyond our control. 

3.5 Please note that there may be some variation in the colour of items shown on the website due to the limitations of photographic and web processes and we cannot be held responsible for any variations in colour that may arise caused by your browser or computer software. We strongly advise you to order samples before making a purchase, however colours may differ from batch to batch.

3.6 Sample. Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample. As all our fabrics and wallpapers are printed to order, colours may vary between batches owing to production processes beyond our control. 

3.6 Any shortfalls in requirements are the sole responsibility of you the buyer. We recommend that when ordering wallpapers that advice is sought from a trained professional or fitter. 

3.7 Any additional orders as a result of under ordering will be treated as a separate order and cannot be added on to previous orders. 

 

4 PAPER HANGING

4.1 Please consult instructions enclosed within wallpaper rolls, and our website for a visual reference prior to installation. Any papers that are hung in the wrong direction or repeat are the responsibility of the buyer. All surfaces must be properly prepared, if in doubt consult a competent / qualified decorator. We accept no responsibility for papers that are not hung properly.

4.2 Precise colour matching cannot be guaranteed between different batches. And all items are printed to order, therefore if additional rolls are required following hanging, these will come from different batches and as such, the colours may differ 

4.3 The information given in our specifications or technical / hanging advice,  whether verbal or written is for guidance and is given in good faith but without warranty, as site conditions and levels of skill in application are beyond our control. We can accept no liability for the performance of the products arising out of such use, beyond the value of the goods supplied by us. 

4.4 Before Cutting: Please check that the correct wallpaper, design, colour and meterage has been supplied. Please check the wallpaper is free of flaws. Failure to notify us of any defect before cutting will not entitle the buyer to reject the goods once cut. 

 

5 PRICE AND PAYMENT

5.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of carriage costs.

5.2 Payment of the price and VAT and any other applicable costs shall be due within 7 days of receipt of invoice by Buyer, your order will not be processed until we have received full payment for your order via BACS payment to the bank account provided on your invoice. 

5.3 We do not offer any credit terms

5.4 All prices are correct at time of publishing but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.

5.5 Salon Libertine West is not responsible for import duties for International shipments.

 

6 RIGHTS OF SELLER

6.1 The Seller reserves the right to periodically update our price list, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Seller reserves the right to withdraw any Goods from sale at any time.

6.3 The Seller shall not be liable to anyone for withdrawing any Goods from sale or for refusing to process an order.

6.4 Online selling of our products by anyone other than ourselves, is strictly not permitted. Failure to comply will result in your account being immediately terminated. 

 

7 DELIVERY 

7.1 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller is under a legal obligation to supply Goods in conformity with the Contract.

7.2 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.

7.3 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7.4 Salon Libertine West uses a variety of delivery companies to deliver customer goods, these companies deliver within the normal working hours of 9am – 5pm, Monday to Friday. It is the customers responsibility to ensure the goods can be received within these timescales.

7.5 All goods are despatched suitably packaged for transit purposes only. If goods arrive damaged they must be signed for as such and contact made to our customer services within 72hours.

7.6 We do not take responsibility for goods that have been damaged after delivery as a result of poor handling or storage.

7.7 The date of delivery specified by the Seller is an estimate only.  Time for delivery shall not be of the essence of the contract.

7.8 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

7.9 3rd party deliveries: It is the responsibility of the customer to ensure that the correct material has been received by the third party. We suggest this is administered by sending a sample. We cannot accept claims for any make-up or replacement costs, where goods have not been verified. 

 

8 REMEDY FOR BREACH

All Goods supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.

9 LIMITATION OF LIABILITY

9.1 The Seller shall not be responsible for:

9.1.1 losses that were not caused by any breach on the part of the Seller; or 

9.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or 

9.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.

9.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.

9.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.

 

10 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

 

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

13 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

15 RETURNS 

If an item ordered from us is faulty or damaged when it arrives to you, then you can, of course, return it within 14 days for an exchange or full refund. Please contact us by email to hello@salonlibertinewest.co.uk to register your return within that timeframe and send of photos of the damaged/faulty items and we will organise the shipment of the return. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. A replacement order will not be processed until we have received and inspected the returned order. 

 

Please note that opened or cut wallpaper rolls are non-returnable. Please order wallpaper swatches to make sure that you are happy and ensure wallpapers are checked against a sample prior to any cutting.

 

18 COPYRIGHT

All designs and  images are the copyright of Salon LibertineTM West and remain the intellectual property of Salon LibertineTM West and may not be reproduced without express written permission. If you would like to promote yourself as a stockist for our brand online, you should seek written permission from ourselves prior to sharing any images of our designs or our images.