These Terms and Conditions of Trading apply to all consumer contracts between By Hedayat Ltd and our subcontractors now referred to as "us/we/our/ By Hedayat " and the Customer/Buyer hence referred to as "you/your" in relation to sales of goods and services made via the internet, phone or in the shop/office.
1 General
- All sales are subject to these conditions unless specifically modified and agreed in writing by us but excluding any and all printed terms of purchase proposed by you.
- Quotations are not an offer. No contract of sale shall result until your order has been accepted by the seller.
- Subject to sub-clause 1.1 above, all verbal acceptances of orders by us or our duty authorised agent are deemed to be contractually binding and subject to these conditions of sale.
2 Prices
- All prices are quoted without commitment and are subject to alteration or withdrawal by us without notice prior to acceptance of your order.
- The printed price list may be altered from time to time without notification and you should always ensure you are aware of the current price of goods which is obtainable from us before placing your orders.
- All prices indicated for products available are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery and storage, if applicable, charges.
- Subject to clause 2.1 above, all goods will be invoiced at the price current on the date that we receive your order.
- All orders are on pro-forma and goods must be cleared before we can make a delivery.
3 Payments
- Payment can be made by credit or debit card or by bank transfer.
- You confirm that the credit or debit card that is being used is yours.
- 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 subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
- We will retain full legal ownership of the products until full payment has been made by you and such payment has been received by us.
- Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
- Risk in the goods will pass to you upon delivery to you.
4 Cancellations
- Cancellation of orders may only be effected at your written request.
- Where your written request for cancellation of an order is received by us after we have accepted your order, the request shall have no effect unless we subsequently give written consent to the cancellation. The consent will only be given on terms which indemnify us against all loss.
5 Deliveries
- Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more deliveries.
- Non-arrival of goods by a specific date cannot be accepted as a reason for refusal to accept delivery or the basis of a claim for damages against us.
- Failure of goods to arrive within ten days of advised despatch date must be notified immediately to us in writing.
- Jam Space does not accept any liability whatsoever for delayed delivery caused by any third party.
- Goods should be inspected by you upon arrival and any damage or shortage noted by you on the carrier’s delivery note. Both us and the carrier must be advised by you of such damage or shortage, in writing, before the expiry date of the three days after the goods. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date.
- Damaged goods must not be used in part or in whole but must be retained by you pending our instructions. We reserve the right to refuse credit for damaged goods in the event of non-compliance with these conditions.
- You are responsible for ensuring that ordered products can access the delivery address. You will ensure that easy access is available and that ordered goods fit through doorways, hallways and staircases. Any additional charges made due to unfit access will be for you to bear.
- Please note that the delivery and installation charge includes no allowance for the removal of doors, windows or other fixtures unless specifically indicated by you before delivery. We can arrange for our specialist delivery consultants to visit your home and carry out this work. A reasonable amount of time should be allowed for this work to be carried out and any work will be subject to an additional charge.
- You are responsible for providing a safe and reasonable means of access from the public highway to the place of delivery. If our delivery staff considers that access is unsafe, then we will not deliver the goods until safe access is provided. You are obliged to provide any required parking permits in advance. The onus to protect your property at point of delivery i.e. covering floors/carpets and removing breakable items that may impede the route, is your responsibility to avoid accidental damage during the delivery process.
6 Delivery charges
- Delivery charges will be made on all orders within the UK mainland irrespective of order value. Delivery charges vary based on size and weight of products ordered.
- Any special deliveries specified by the buyer or bulky items will be subject to a separate charge.
- All orders received for delivery off the UK mainland will be charged accordingly.
7 Return of goods
If you are not entirely happy with the product that you have ordered, you may return them to us within 14 days of receipt. We will be happy to offer you an exchange or, if you wish, a refund provided that
- The goods are still in the same condition as they were immediately before the risk in goods passed to you.
- The goods were damaged before you accepted them.
- You are responsible for the return and the costs of the return of the goods to us.
- Drivers and carriers do not have the authority to accept goods for return without written instructions from us.
- The goods are defective, so long as you have complied with clause 9.1, 9.2 and 9.3
8 Made to order products
- Furniture that was made to order for you, was made specifically for you and can therefore not be returned or cancelled. Once you have paid for the goods and the production process has started, the order cannot be cancelled. If you do cancel, we shall retain the deposit in full.
- Should you wish to use own fabric to upholster bespoke made products, you will be solely responsible for ensuring such fabric is suitable for its intended usage.
9 Defective goods
- You (or your agent) are responsible for checking goods for defects before cutting and hanging starts.
- You (or your agent) are responsible for checking after the first 3 lengths are hung, and if they appear to be defective, must cease further cutting or hanging of goods and immediately notify seller, in writing.
- You should follow instructions as mentioned on the reverse side of the wallpaper label provided by us. We shall not be held liable for any loss, damage or expense suffered by you should you disregard the instructions.
- Subject to clause 9.1, 9.2 and 9.3 we will arrange to replace the goods to be defective or do good free of charge
- Under no circumstances do we accept liability for consequential or incidental loss, damage or expenses suffered or incurred by you.
10 Wallpaper
- ‘easy to hang’ by pasting the wall.
- Non vinyl so it can ‘breathe’, thereby helping it to prevent mould or moisture from forming.
- Full hanging instructions can be found on the reverse of wall covering labels with each roll. Follow these instructions carefully. Lining is recommended for all our wall paper products.
- Care: Sponge-able. Adhesive maybe wiped from the face of the wall covering with a damp cloth or sponge at the time of hanging without visible damage provided the adhesive is still damp. No subsequent wash-ability is claimed or implied.
- Please note that repeat sizes and widths are approximate.
- Whilst every possible effort is made to achieve the closest possible colour matching, exact matching between batches cannot be guaranteed. Shades may vary between samples and current stock.
- All wallpapers are sold subject to the normal trading terms of sale of By Hedayat Ltd, which are available upon request. The right is reserved to vary these terms and conditions at our discretion.
- Retention of Title: All goods remain the property of the company until payment is received in full (including any default, interest and expenses), no matter into what state or form the goods supplied have been made.
- Claims: All goods must be inspected before cutting as no claims can be entertained or exchanges made once the material has been cut, no matter what may be the nature of the defect to the material.
- Returns: No returns can be accepted or will be credited without prior agreement, and in no case will any return be accepted unless notified to us in writing within 14 days from the date of the invoice and no claims can be made once the roll is cut. See clause 7 Return of Goods and 9 Defective Goods.
- Lost or Damaged in Transit: Failure of goods to arrive within ten days of advised dispatch date must be notified immediately to us in writing. Goods should be inspected by you upon arrival and any damage or shortage noted by you on the carrier’s delivery note. Both us and the carrier must be advised by you of such damage or shortage, in writing, before the expiry date of three days after the goods were received. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date
- Liability: All goods are supplied by us on the condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose is limited in amount to a sum not exceeding the purchase price of the particular goods.
- Colour fastness: Our wallpapers are produced to exacting light fastness standards but please remember that no wallpaper is completely fadeless.
11 Fabric
- Please note that repeat sizes and widths are approximate
- Whilst every possible effort is made to ensure the matching of colour to the samples, exact matching between batches and samples cannot be guaranteed. There may also be inherent imperfections in certain fibres, or fabrics. None of the foregoing shall be considered defects.
- Climatic conditions, including heat, light and humidity levels, within your environment, can affect fabric, and may lead to fading, stretching, shrinking or other damage.
- The recommended usage of each fabric is displayed on the back of each sample through symbols. The selection of fabrics for specific usage and application is made at your discretion and sole risk and Jam Space shall have no liability for such selections.
- Please follow cleaning instructions as indicated on the samples. We recommend only companies experienced in cleaning furnishing fabrics are used.
- Claims: All goods must be inspected before cutting as no claims can be entertained or exchanges made once the material has been cut, no matter what may be the nature of the defect to the material.
- Returns: No returns can be accepted or will be credited without prior agreement, and in no case will any return be accepted unless notified to us in writing within 14 days from the date of the invoice and no claims can be made once the fabric is cut. See clause 7 Return of Goods and 9 Defective Goods.
- Lost or Damaged in Transit: Failure of goods to arrive within ten days of advised dispatch date must be notified immediately to us in writing. Goods should be inspected by you upon arrival and any damage or shortage noted by you on the carrier’s delivery note. Both us and the carrier must be advised by you of such damage or shortage, in writing, before the expiry date of the three days after the goods. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date
- Liability: All goods are supplied by us on the condition that our liability for any fault or defect in the quality, condition, description or fitness for any purpose is limited in amount to a sum not exceeding the purchase price of the particular goods.
- Colour fastness: Our fabrics are produced to exacting light fastness standards but please remember that no fabric is completely fade-less where practicable, lining is recommended as a protection.
12 Accuracy of Website
- Our website has been designed for your convenience and if you have any comments, questions or queries, please contact us on gallery@jamspace.uk
- We endeavour to display as accurately as possible the colour of products as they appear on the website. However, we cannot guarantee that your monitor will accurately reflect the colour of the product delivered.
- Some products displayed on our website will be for online purchases and promotions only and are not transferable to sales of our products through our shop.
- Every effort is made to ensure the complete accuracy of our website however some prices/details may change from time to time and it is possible that errors may occur. We will use our best endeavours to rectify any errors as swiftly as possible but we cannot be held responsible for any losses incurred.
- To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained in any of the materials on the website. We cannot accept any liability for any particular material on the website or as a result of any use or reliance placed upon information contained on the website.
- Any material downloaded or otherwise obtained through the use of this website is done so at your discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data that results from the download of such materials.
- We control and operate the website from our offices in England. Accordingly, the laws of England and Wales govern claims relating to, and including the use of the website and the materials contained therein. If you choose to access our website from outside England and Wales you do so on your own initiative and you hereby agree that in the event of any dispute between By Hedayat Ltd and you the laws of England and Wales will apply at all times.
13 Trading
By Hedayat Limited trades as Jam By Hedayat Lt. Registered in England nr 12271206 VAT 335277592