Thanks for reading our Terms and Conditions! 

We hate to get all serious, but as we are a small company delivering handmade products to a small margin, we have to make a few things clear.

Any questions please ask!  We are always happy to help.

OUR STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS

These Terms and Conditions are the standard terms for the sale of goods by And Pigs Will Fly Furniture Design

 

BACKGROUND:

STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS, Trading as a Sole Traderwhose registered address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA and whose main trading address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means, any day other than a Saturday, Sunday or bank holiday;

“Calendar Day” means any day of the year;

“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;

“Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3;

“Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);

“Month” means a calendar month;

“Price” means the price payable for the Goods;

“Special Price” means a special offer price payable for Goods which We may offer from time to time;

“Order” means your order for the Goods [as attached] OR [as shown overleaf];

“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our”means And Pigs Will Fly Furniture Design Trading as a Sole Trader, whose registered address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA and whose main trading address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA

 

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, text message or other means including Social Media

 

2. Information About Us

2.1 And Pigs Will Fly Furniture Design Trading as a Sole Trader, whose registered address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA and whose main trading address is 92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA

 

3. The Contract

3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  

Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 The total

3.3 Our identity (set out above in Clause 2) and contact details (set out below in Clause 13);

3.4. The main characteristics of the Goods;

3.4 .1We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.5 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided in writing.

3.6 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept. Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.7Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.8 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;

3.9 Our complaints handling policy;

3.10 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

3.11 Where applicable, details of after-sales services and commercial guarantees;

3.12 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

3.13 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

 

4. Description and Specification of Goods

4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs, and descriptions provided in Our quotation.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise OR differences in the colour reproduction of electronic displays.

4.2 If you receive any Goods that do not conform to illustrations, photographs or descriptions under sub-Clause 4.1

4.3 You may return those Goods to Us as provided in Clause 8.

4.4 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.5 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

4.6 Bespoke Goods are available from Us.  If you Order bespoke Goods from Us, We will produce AND/OR alter those Goods to your specifications and requirements. Further information on the information We will require with your Order for bespoke Goods can be found in your quotation.

4.7  When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete.  We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).

4.8 We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of order and will make educated assumptions based on the style of the product, functionality etc.

4.9 Some of our items are going to be quite heavy. If weight is going to be a concern, please specify before placing your order


 

5. Orders

5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.

5.2 You may change your Order at any time before We despatch the Goods by contacting Us.  This does not apply to bespoke Goods. We will only accept changes to Orders for bespoke Goods if We are reasonably able to accommodate your request without additional work. Requests to change Your Order need to be made in writing, either by email to info@andpigswillfly.co.uk or to our company address.

5.3 If your Order is changed We will inform you of any change to the Price in writing.

5.4 You may cancel your Order at any time before We despatch the Goods by contacting Us.  If you have already paid for the Goods under Clause 6, the payment will be refunded to you within one calendar month.  

This does not apply to bespoke Goods (unless you are canceling under sub-Clause 12.2.5 due to an event outside of Our control).  We will only accept an Order cancellation for bespoke Goods if We have not yet begun making or altering the Goods. [If you request that your Order is canceled, you must confirm this cancellation in writing.]

5.5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:

5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

5.5.2 An event outside of Our control continues for more than 7 working days (please see Clause 12 for events outside of Our control).

5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within one calendar month.  

 

If We cancel your Order, the cancellation will be confirmed by Us in writing.
 

6. Price and Payment

6.1 The Price of the Goods will be that shown in Our quotation in force at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

6.2. Our quotations are valid for 90 days from the date on the quote, if you accept the quote after 90 days, we may have to revise the price, unless otherwise agreed by us in writing

6.2.1 If We quote a Special Price which is different to the Price shown in Our current quotation, the Special Price will be valid for one calendar month, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.

6.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

6.4 We have made every reasonable effort to ensure that Our Prices, as shown in Our current quotation are correct.  Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognized).  If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.

6.5 All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

6.6 Our Price includes the cost of delivery and installation.

6.7 All payments for Goods are subject to the following payment terms unless otherwise aggred in the quote

  • 30% deposit when signing contract and booking a slot in the diary for work to start.

  • 30% at the end of the first week of work or as agreed in contract

  • 40% on satisfactory completion of work and this is to be paid within 48 hours of completion

6.8 We accept the following methods of payment:

6.8.1 Cash

6.8.2 Bank transfer

6.9 If you do not make payment to Us by the due date as shown on We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Barclays Bank PLC from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

6.10 The provisions of sub-Clause 6.9 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is on-going.

 

7. Delivery

7.1 When We provide you with an Order Confirmation, We will provide an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.  Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 90 Business Days after the date on which the Contract is formed.

7.2 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the goods or if you are collecting the Goods from Us yourself when you have collected the Goods.

7.3The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete.

7.4 You own the Goods once We have received payment in full for them and We reserve the right to remove or seek financial compensation if payment is not made according  with your contract.

 

8. Faulty, Damaged or Incorrect Goods

8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.

 

This only applies after the installation is finished and not before completion of works in your home.

 

We endeavor to always send out quality products, however, mistakes can happen. Should you receive faulty or damaged goods, we will of course repair or replace the item. Please provide a detailed description in writing, with images if possible, of any areas of damage. See the products and materials section for what we deem as acceptable ‘character’ within the wood.

 

In the case of faulty or damaged goods, or an incorrect order being received, we will ensure all necessary steps are taken to provide you with the correct item/s, however, we cannot offer any further discounts or refunds.

 

8.2 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
 

9. Returning Goods If You Change Your Mind

9.1 If you are not satisfied with any (non-bespoke) Goods purchased from Us you have the right to return them in exchange for a refund [or a replacement], subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with your legal rights. For such Goods please refer to Clause 8.

9.2 This Clause 9 does not apply to bespoke Goods.

9.3 Refunds and Returns on Bespoke goods

As we are a small company offering bespoke, made to order products, we cannot accept returns or cancellations once work has begun. It is your responsibility to ensure all details are correct when placing your order, and that you are happy with all design decisions.

We reserve the right to charge for any changes to designs once work on your order has started.

 

10. Guarantee

10.1 For Goods that We have produced, customized or altered (including bespoke Goods), We guarantee that for a period of 12 months from the date of delivery, the Goods will be free from material defects.  This guarantee is subject to the exceptions listed in sub-Clause 10.2.

10.2 Our guarantee does not apply to any defects in the Goods caused by:

10.2.1 Normal wear and tear;

10.2.2 Deliberate damage and/or misuse of the Goods;

10.2.3 Accidental damage;

10.2.4 Failure to use the Goods in accordance with their instructions; or

10.2.5 The alteration or repair of the Goods by you or any third party that is not authorized by Us.

10.3 Our guarantee exists in addition to your legal rights as a consumer.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.]

10.4 For Goods that We have not produced, customized or altered the Goods may be provided with a manufacturer’s guarantee.  For further details and terms please refer to the manufacturer’s guarantee documentation supplied with the Goods.

10.5 The manufacturer’s guarantee exists in addition to your legal rights as a consumer.  

 

More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

11. Our Liability

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

11.2 We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office

 

12. Events Outside of Our Control (Force Majeure)

12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, sickness (company or family),lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, snow, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

12.2.1 We will inform you as soon as is reasonably possible;

12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

12.2.4 If the event outside of Our control continues for more than 90 Business days, We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.

 

13. Communication and Contact Details

13.1 If you wish to contact us, by email at info@andpigswillfly.co.uk .during our office hours of 10am-4pm, Monday to Friday excluding public holidays.

13.2 In certain circumstances you must contact Us in writing (when canceling an Order, for example).  When contacting Us in writing you may use the following methods:

13.2.1 Contact Us by email at info@andpigswillfly.co.uk

13.2.2 Contact Us by post at And Pigs Will Fly Furniture Design,92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA


 

14. Complaints and Feedback

We ask that you tell us as soon as possible during your installation if you have any concerns, so that these may be addressed before any more work is carried out or completed. Once a resolution is agreed by both parties, work will continue to a satisfactory conclusion.

 

We always welcome feedback from Our customers and, whilst We always use

all reasonable endeavors to ensure that your experience as a customer of Ours is a positive one, sometimes things can go wrong, we nevertheless want to hear from you if you have any cause for complaint.

 

14.1 If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:

14.1.1 In writing, addressed to the Office Manager-And Pigs Will Fly Furniture Design,92 Royston Avenue, Southend-On-Sea, Essex.SS2 5LA or by email addressed to Office Manager-And Pigs Will Fly Furniture Design at info@andpigswillfly.co.uk

 

15. How We Use Your Personal Information (General Data Protection Regulation -GDPR)

And Pigs Will Fly Furniture Design understand that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all our customers and will only collect and use personal data in ways that are described our Privacy Policy, and in a way that is consistent with our obligations and your rights under the law.

 

Please see our separate Privacy Policy for full details -https://www.andpigswillfly.co.uk/privacy-policy

 

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

16.2 You may transfer (assign) the benefit of the guarantee in Clause 9 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us

16.3 You may not transfer (assign) your [other] obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.4 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.  [This is subject to sub-Clause 16.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.]

16.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

16.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16.7 Intellectual property  Please be aware that these designs in this quotation remain the intellectual property of “And Pigs Will Fly Bespoke Furniture & Joinery” and are not to be used without our written consent, if you choose not to proceed with this quotation.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

17.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.  Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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And Pigs Will Fly Furniture Design~Est-2015
 
 
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