Dale Leisure - Terms & Conditions

PLACING AN ORDER AND ITS ACCEPTANCE

Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (“Goods”) subject to these Terms.
Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in condition 4.4.
Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

OUR GOODS

The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
The packaging of your Goods may vary from that shown on images on our website.
We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
Goods are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer.
We warrant that the Goods conform with all statutory requirements of the United Kingdom, conform in all material respects with their description and on delivery are of satisfactory quality. If the Goods do not conform to the above warranties then we will at our option (and in full discharge of our liability under the warranties) either replace the defective Goods free of charge or take back the same and refund the purchase price provided that: (a) you give written notice of any alleged defect or shortages to us within 72 hours of delivery; and (ii) on discovery of the defect you make no further use of the Goods and allow us a reasonable opportunity to inspect the Goods. We shall not be liable for breach of our warranty should you alter or repair the Goods without our written consent or the defect arises as a result of (I) fair wear and tear, (ii) wilful damage, (iii) negligence, (iv) the Goods have not been used, serviced or maintained correctly and in accordance with any recommendations made by us or in accordance with the purpose intended by the manufacturer of the Goods or (v) abnormal storage or working conditions.
The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.

DELIVERY, TRANSFER OF RISK AND TITLE

We aim to provide a quick and reliable service by endeavouring to despatch your order within the shortest possible time. An estimated delivery time will be given to you at the time of order. However, any date quoted for delivery is an estimate only and we will not be liable for any delays in delivery. Please allow up to 21 days delivery for all furniture items from placing the order. We can offer a faster delivery service. Please request when ordering.
Occasionally our delivery to you may be affected by an Event Outside Our Control. See condition10 for our responsibilities when this happens.
Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us and the Goods will be at your risk from that time.
You own the Goods once we have received payment in full, including of all applicable delivery charges.
Until you own the Goods, you must:
1. hold the Goods for us to our order as our “bailee” and you will be liable to us for any loss or damage to the product;
2. store the Goods separately from all your other goods and from all third party products, so that it remains identifiable as our property;
3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
4. maintain the Goods in satisfactory condition insured on our behalf for its full price against all risks to our reasonable satisfaction;
5. permit us our agents and employees, at any time to enter any premises where the Goods or may be stored in order to inspect them or to recover them if not paid for.
If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement Goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of Goods.
If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.
We do not deliver to addresses outside the UK.
You must inspect the Goods on delivery. If any Goods are deemed to be damaged, short, (or any other discrepancy), you must notify us within 72 hours of receiving your order. You must give us (and any carrier) a fair chance to inspect the damaged Goods or alternatively provide photographic evidence of damaged Goods.
Should you wish to return any item, a written authorisation must be received from us. A handling charge of 20% of the value of Goods in addition to carriage costs will be applicable. Please note all furniture items, mattresses white goods and special orders cannot be returned unless defective.

PRICE OF GOODS AND DELIVERY CHARGES

The prices of the Goods will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see condition 7.5 for what happens if we discover an error in the price of Goods you ordered.
Whilst every effort is made to sustain the prices shown, we reserve the right to pass on price increases we are unable to absorb, discontinue any item, replace any item with alternatives which are of similar / better quality, change the carton quantities if required or amend the price to reflect market conditions. All Goods sizes are approximate, and no responsibility will be taken for errors or omissions.
The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
The price of the Goods does not include delivery charges. We reserve the right to charge carriage on orders under £100 net. All furniture orders under £200 net will have a carriage charge. Any furniture or mattress orders going to the IOW or Scottish Highlands will incur an additional carriage charge. This will be quoted on when ordering.
Payment for the Goods can be made by credit/debit card, and credit account (subject to acceptance). Payment terms for credit accounts are strictly 30 days from date of invoice.
We sell a large number of Goods through our website. It is always possible that, despite our best efforts, some of the Goods on our website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

LIABILITY

Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
These Terms also apply to any repaired or replacement Goods supplied by us to you.
Subject to condition 8.5, our total liability to you in respect of all losses arising under or in connection with the Contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the price of the Goods which are damaged or the subject of the dispute. Such liability shall be limited at our option to replacing the whole or part of any Goods deemed damaged or defective or refunding or crediting the purchase price or the pro rata portion of the purchase price of the Goods which the defective Goods form part.
References to liability in this condition 8 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or any other liability that cannot be limited or excluded by law.
Subject to condition 8.5, we will under no circumstances be liable to you for any loss of profit, sales, business, or revenue (direct or indirect) or any indirect or consequential loss.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

TERMINATION

Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control including for example acts of God, war, riot, explosion, epidemic or pandemic, abnormal weather, fire, flood, strikes, lock outs, government action or regulations, delays by suppliers, accidents, shortage of materials or manufacturing difficulties (“Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control and we reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) in such circumstances.
You may also cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

WEBSITE

We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our website, the server on which our site is stored or any server, computer or database connected to our website or any other equipment or network connected with our website. You must not interfere with, damage or disrupt any software used in the provision of our website or any equipment or network or software owned or used by any third party on which this website relies in any way. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

GENERAL

Notices. Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant on this provision to the party giving the notice.
Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Assignment. We may assign or transfer our rights and obligations under the Contract to another entity.You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.