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 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

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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.

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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.

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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 and Your acceptance of your order, in writing indicated by Our Order Confirmation. 
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;
3.7 Where 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.

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4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations & descriptions provided in Our quotation.  We cannot, however, guarantee that all illustrations will be precisely accurate due to discrepancies that may arise OR differences in the colour reproduction of electronic displays.
4.2 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.
4.3 Bespoke Goods are available from Us.  If you order Bespoke Goods from Us, We will produce those Goods to your specifications and requirements as agreed in your/our quote. Further information on the information We will require with your Order for Bespoke Goods can be found in your quotation.
4.4  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).
4.5 We cannot be held responsible for customer's 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.
4.6 Some of our items are going to be quite heavy. If weight is going to be a concern, please specify before placing your order
4.7 Timber is a natural product, therefore there are always colour differentials within the wood and whilst every effort is made to ensure the colour/grain matches with other timber, tolerances will have to be allowed for unless a “book matched” product has been asked for, which is normally extra to a standard quote.

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5. Orders
5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
5.2 We will only accept changes to Orders for Bespoke Goods if We are reasonably able to accommodate your request without additional work. If additional work is required and agreed by both parties additional costs or a revised quote will apply. Requests to change Your Order need to be made in writing, either by email to andpigswillflyfurnituredesign@gmail.com 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 No cancellation by the Customer is permitted except where expressly agreed by And Pigs Will Fly Bespoke Furniture & Joinery. The Customer will in the event of agreed cancellation by the Customer indemnify And Pigs Will Fly Bespoke Furniture & Joinery against all expenses including any Non-Refundable Deposit* paid or expenses incurred up to the time of such cancellation.
5.5. If an event outside of Our control continues for more than 180 working days from Approx. delivery date  (please see Clause 12 for events outside of Our control) and we will not be able to complete the work at any time in the future, We will only cancel your Order under sub-Clause 5.5, if permitted and expressly agreed by And Pigs Will Fly Bespoke Furniture & Joinery.

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6. Price, Payment & Refund Policy
6.1 The Price of the Goods will be 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 30 days from the date on the quote, if you accept the quote after 30 days, we may have to revise the price, unless otherwise agreed by us in writing
6.2.1 If We quote a Special Price/discount which is different to the Price shown in Our current quotation, the Special Price/discount will be valid for 30 days from the date on the quote, if the Special Price/discount 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/discount 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 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 manufacture, delivery, installation, and finish. What is not included is the removal/disposal of old units/materials unless specified in the order and Disposing of any waste material, packaging or any unwanted appliances. You the customer, are responsible for the removal of all waste from your property unless otherwise agreed in your contract
6.7 All payments for Goods are subject to the following payment terms unless otherwise agreed in the quote

• 30% Non-Refundable Deposit* when signing the contract. Once paid, an estimated delivery date in the diary for work to start, will be given in writing.

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

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

*By paying a deposit you are entering into a legally binding contract.  If you change your mind and do not pay the balance due, you will be in breach of contract and we will be entitled to retain the deposit in full and not return it to you.  
6.8 We accept the following methods of payment: Cash or 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 5% 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 judgement. 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.

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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. All delivery dates given by the Company are approximate and not binding, and the Company can accept no responsibility in failing to do so or accept any liquidated damages arising from this. 
7.2 Delivery will be deemed to have taken place when the Goods have been delivered and installed to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the goods once the installation is complete.
7.3 The 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 the goods or seek financial compensation if payment is not made according to your contract.

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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). This only applies after the installation is finished and not before the completion of works in your home.
We endeavour 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 is received, we will ensure all necessary steps are taken to provide you with the correct item/s, however, we do not 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.

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9. Returning Goods If You Change Your Mind
As we are a small company offering Bespoke, made to order products, we cannot accept returns or cancellations once work (at our premisis or in your home) 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.

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10. Guarantee
10.1 For Goods that We have produced, customised 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 authorised 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, customised 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.

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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 subcontractors). 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.
11.3 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 subcontractors); 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.

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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 disasters, 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 180 Business days, please refer to clause 5.5

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13. Communication and Contact Details
13.1 If you wish to contact us, please do this by email at andpigswillflyfurnituredesign@gmail.com .during our office hours of 10 am-4 pm, Monday to Friday excluding public holidays.
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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 endeavours 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 and we reserve the right whether to publish your feedback on our website

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 andpigswillflyfurnituredesign@gmail.com

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15. How We Use Your Personal Information (General Data Protection Regulation-GDPR)
And Pigs Will Fly Furniture Design understands 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 in 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

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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, 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.

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17. Intellectual Property  
Please be aware that these designs in our 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.

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18 Customer’s Responsibilities and Liabilities
18.1 Check carefully the proposed layout to make sure it is correct and meets requirements (an additional charge may have to be made if you request alterations or any additions to the design).
18.2 Give reasonable access to the premises.
18.3 Notify us of the whereabouts (if known) of hidden pipes or wires that may affect the proposed layout.
18.4 Move any fragile or valuable items, which could be damaged when carrying or installing new units/items into the property.
18.5 Shortages or damages should be notified to the company within a reasonable time (up to 48 hours) after the installation of the goods.
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19. Governing Law and Jurisdiction
19.1 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.
19.2 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.
19.3 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.