26th November 2015

Terms & Conditions

This page sets out the Terms and Conditions on which we supply any of the Goods sold through our website www.crestliving.co.uk (the Site) to you.

Legal Notice: Please read these Terms and Conditions carefully before ordering any Goods from the Site. You should understand that by ordering any of our Goods, you agree to be bound by these Terms and Conditions. In accessing the Site, you are deemed to accept these Terms and Conditions. If you do not accept these Terms and Conditions, please discontinue all further use of the Site.

1 INFORMATION ABOUT US
We are Crest Living Ltd, a company registered in England and Wales under company number 7482859 and our registered office is at Harvest Cottage, High Street, Kemsing, Kent TN15 6NA and main trading address is at Unit 211, 13 Westfield Street, Woolwich, London SE18 5PH (the Supplier). Our VAT number is GB 107 4888 94. We operate the website www.crestliving.co.uk

2. YOUR STATUS
By placing an order through the Site you are referred to as the Customer and you warrant that:

(a) you are legally capable of entering into binding contracts
(b) you are at least 18 years old

3. YOUR ORDER
Any Goods purchased through the Site constitutes an order by you.

4. THE GOODS
The Goods are as set out on the Site.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order for the Goods on the Site, you will receive an e-mail from us acknowledging that we have received the order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been ordered (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

5.2 The Contract will relate only to those Goods whose manufacture we have confirmed in the Order Confirmation. We will not be obliged to supply any other Goods not listed in the Order Confirmation.

6. THIRD PARTY LINKS
We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Goods you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel the Contract at any time within seven working days:

a) For items made to order – beginning on the day after you have placed your order for the goods.

b) For stock items dispatched immediately on order – beginning on the day after you have received the goods.

In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 11 below).

7.2 To cancel the Contract, you must inform us in writing by email to living@crestliving.co.uk. You must, in the case of stock items, return the Goods to us immediately using the same packaging that the Goods were wrapped in on delivery to you. The Goods must be returned to us in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

8. AVAILABILITY AND DELIVERY
8.1 Your order will be fulfilled within the lead-time specified on the website, by the delivery date set out in the Order Confirmation, in the Quotation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation or Quotation, unless there are exceptional circumstances.

8.2 Delivery charges and timescales vary depending on the type of Goods ordered and your delivery address but you will be notified of the charges when you place your order.

8.3 We do not deliver outside the UK.

8.4 When your order for the Goods is ready, we will contact you by your chosen contact method given to us at the point of order, to confirm the delivery date. Your delivery will not happen until you’ve been contacted and you accept the delivery offered by us.

8.5 If you are unable to accept the delivery date offered, or you wish us to hold your order for a period of time, we can provide a storage service at an additional cost. This will depend on the size of the Goods and the period of time that we are required to store the Goods (Storage Charge). Where possible, we will notify you of our applicable Storage Charges in advance of them being incurred.

8.6 If no-one is available at the delivery address at the time of delivery, a note will be left to advise whether your order has been left in a safe place, or returned to us.

8.7 We shall not be liable for any delay or failure to deliver Goods if the delay or failure is wholly or partly caused by circumstances beyond our control.

8.8 Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Protection (Distance Selling) Regulations 2000 and other applicable legislation. For further information about your legal rights contact your local authority Trading Standards department or consumer advice centre.

9. RISK AND TITLE
9.1 The Goods will be at your risk from the time of delivery.

9.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges and any Storage Charges incurred.

10. PRICE AND PAYMENT
10.1 The price of the Goods and our delivery charges will be as quoted on our Site, except in cases of obvious error.

10.2 The price of Goods is inclusive of VAT, but exclusive of delivery charges.

10.3 Goods prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

10.4 Our Site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Good’s correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If a Good’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

10.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

10.6 Payment for all Goods must be by credit or debit card, online bank transfer or personal cheque and at point of order. We accept payment by all major credit cards except for American Express and Diners Club International. We reserve the right to update our payment methods from time to time. Order paid for by personal cheque will not be processed until funds have cleared into our bank account.

11. OUR REFUNDS POLICY
11.1 If you need to cancel an order with us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Goods in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.

(b) If you have received your goods and consider that they are defective, we will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time.

We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the defective Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11.3 It is not our policy to provide a refund for Goods. This does not affect your statutory rights.

12. WARRANTY
We warrant to you that any Goods purchased from us through the Site will, on delivery and for the following 24 months, conform in all material respects with its description; be free from material defects in design, material and workmanship; be of satisfactory quality; and be reasonably fit for all the purposes for which Goods of that kind are commonly supplied.

13. OUR LIABILITY
13.1 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Goods under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

13.2 Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions whether direct or indirect that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings; or
(e) waste of management or office time.

13.3 Subject to clause 13.2, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Goods.

However, this clause 13.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss

14. WRITTEN COMMUNICATIONS ON THE WEBSITE
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. NOTICES
All notices given by you to us must be given to Material Life Limited at living@crestliving.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16 TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. WAIVER
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19. SEVERABILITY
If any of these Terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT
20.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms and Conditions (whether made innocently or negligently) will be for breach of contract and shall be limited to price of the Goods purchased by you.

20.4 Nothing in this clause limits or excludes any liability for fraud.

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

22. LAW AND JURISDICTION

Contracts for the purchase of Goods through our Site and Instore and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.