Terms and Conditions of sale

 

Definitions

 

“We”, “us” and “our” means Odd (Oxford) Limited (‘ODD’), a company registered in England and Wales under company number 04692174.“You” and “your” means the customer identified on our Order Confirmation and Invoices. The “Goods” means any of our upholstered garden furniture or other products. 

 

1. Confirmation of Orders

 

On request, will send you a written quote (“Quotation”) for a specified order, including any applicable delivery charges. Your acceptance of the Quotation constitutes an Order by you. We will write to you by email to confirm the order (the “Order Confirmation”) and request an order deposit (“Deposit”) on the quotation, excluding delivery charges, of 33% at which point there is a binding Contract (“the Contract”) between you and us but subject to the payment by you of the Deposit in accordance with clause 2 below. Once the Deposit is received by us, your order will be put into production by our team of upholsterers and other craftspeople. 

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2. Payment

 

The Deposit is payable by BACS, electronic bank transfer or cheque drawn on a UK clearing bank and the balance, that is, the remaining portion of the Quotation, also by way of the same method is payable by you prior to the delivery of any products. We reserve the right to cancel the Order should a cheque not be met on first presentation or if prenotification of a BACS transfer is not honoured by your bank.

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3. Cancellation

 

Upon receiving the Deposit from you, you forfeit the right to cancel the Order and the full price of the Order remains payable. We may exercise our discretion in allowing you to cancel the Order but in the event that we do agree to do so, the Deposit is strictly non-refundable. We will consider any request for postponement of the delivery date subject to our other commitments but no guarantee can be offered that postponement is possible.

 

4. Refund policy

 

Due to Goods being custom made to order for each customer, unfortunately we cannot offer refunds on any orders, including any deposits taken.

 

5. Risk and title

 

The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods including any delivery charges.

 

6. Warranty

 

We warrant to you that any Product purchased from us will, on delivery conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which it is supplied.

 

7. Delivery

 

Any dates quoted for delivery of the Order are approximate only and the time of delivery is not of the essence. Once production of the Goods is complete, we will notify you by email to agree a date for delivery. We shall not be liable for any delay in delivery of the Order that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Order. 

 

8. Limitation of liability

 

          8.1 Nothing in these Terms and Conditions shall limit or exclude our liability for:

 

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.

 

          8.2 Subject to this clause:

 

We shall under no circumstances whatsoever be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. This clause shall survive termination of the Contract.

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9. Insurance

 

All Goods are fully insured from the time of dispatch from our UK warehouse to point of delivery to you.

 

10. Force Majeure 

 

For the purposes of these Terms and Conditions a Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event. If the Force Majeure Event prevents us from installing the Goods we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.

 

11. Whole Agreement

 

The Order Confirmation and our Terms and Conditions embody the entire understanding of you and us in respect of the matters contained or referred to in them and there are no promises, terms, conditions oral or written, express or implied, other than those in the Order Confirmation and our Terms and Conditions.

 

12. Jurisdiction

 

Contracts for the purchase of Goods from us 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 non-exclusive jurisdiction of the courts of England and Wales.

 

13. Third party rights

 

A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.