Terms and Conditions
SALE OF GOODS & SERVICES
These conditions shall apply to all contracts for the sale of goods or supply of services by Dragons Interiors Ltd. (Dragons) to the Customer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers acceptance of these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Dragons.
The display of goods on the Dragons website amounts to an invitation to treat only and is not an offer to sell goods or products at any price indicated. No contract will be deemed to exist between the Customer and Dragons unless confirmation has been sent by Dragons and payment has cleared. Dragons are free to withdraw from any prospective contract prior to acceptance. This also applies in the case of any error or inaccuracy in the price and description of any goods.
Orders under £3,000 are only accepted and activated upon receipt by Dragons of the full amount of the order. Orders over £3,000 are only accepted and activated upon receipt by Dragons of at least a 60% non refundable deposit. Payment for the price (or the balance thereof) shall be due in full upon the goods being ready for delivery and shall be paid in full before they are released. If payment is via Bank Transfer, Dragons must receive cleared funds before goods are released. Dragons reserves the right to charge interest at the rate of 4% (four per cent) per month above the Bank of Englad base rate, from time to time ruling on any sums payable to Dragons. During sale periods, 100% of funds are required to activate an order, unless specifically agreed with the Customer in writing by Dragons Sales staff.
PRICE & DELIVERY
All prices quoted are in Great British Pounds (GBP) and are inclusive of 20% VAT. If you are based outside the EC, VAT is not applicable to you. All quotes include standard artwork and/or Dragons fabric, on a soft white finish (as laid out in Dragons Retail Price List). We are always delighted to quote for more complex design projects. Bespoke furniture & artwork are quoted for on request. Customers will incur an extra 20% charge for a coloured brushed finish to be applied to their furniture prior to the artwork. Customers will also incur an extra 20% charge for licensed artwork that relates to the royalties that Dragons have to pay the copyright owners. Details of these licenses are laid out in the Dragons Retail Price List. Other bespoke artwork is quoted for depending on complexity and originality. Dragons will be delighted to quote for export packing, freight and insurance to any overseas destination but reserves the right, with prior agreement of the client, to charge any additional charges to the client’s credit card should the shipping charges subsequently exceed the original quotation. Export quotes are valid for a period of 30 days. All goods are usually complete and ready within a 2 to 12 week lead time from point of order (cleared funds) to point of dispatch for stock items, 16 weeks for bespoke items.
Delivery charges within the London area will be made at the point of order. This charge covers delivery and installation to a cleared room. If the room is not ready for installation and needs to be cleared, Dragons reserves the right at their discretion to make an additional charge dependent on time taken to clear or to refuse to deliver goods. All other UK and international shipping fees if applicable must be paid prior to dispatch of goods from our warehouse. UK delivery fees are published in the Dragons Retail Price List.
DAMAGE TO GOODS IN TRANSIT
Damage must be notified in writing within ten days of the date of delivery. If clients are not able to fully check products on receipt, the carrier’s documentation should be endorsed ‘unexamined’. In the event of the non-delivery of the whole or part of the consignment, the Customer must notify Dragons within ten days of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims.
REJECTION OR NON ACCEPTANCE OF GOODS
The Customer shall return to Dragons at the expense of the Customer any goods ordered by him which he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Dragons head office address. The return of the goods to Dragons shall not in itself entitle the Customer to reject them and shall not affect Dragons rights defined by the Consumer Transaction Restrictions on Statements Order 1976. The statutory rights of the Customer are not affected by these conditions.
CANCELLATIONS, REFUNDS & RETURNS
For sales online to private consumers via the Dragons website and orders taken by phone or any other distance method the Customer may, under certain circumstances, have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. If the goods are stock items and not bespoke or specially made to order then the Customer can cancel the order and return goods to Dragons within 7 working days starting from the day of delivery. Goods must be returned to Dragons at the Customer’s expense, be unused, unopened and undamaged. The Customer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods a refund will be issued to the Customer’s account which will include the original cost of delivery. Customers wishing to return items must immediately notify us in writing by e-mail to firstname.lastname@example.org.
The above right to cancel does not apply to any goods made to customer’s specifications or bespoke items. Many of Dragons’ goods can be personalised or are bespoke so please ensure the goods ordered are suitable for your requirements.
If any items purchased, stock or bespoke, are damaged or faulty the Customer must notify us immediately so that we may investigate and attempt to remedy the situation in accordance with the Sale of Goods Act and without affecting your statutory rights. Items on sale are non refundable.
Due to the hand crafted nature of many of our products, size, colour and texture may vary slightly. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Dragons website, catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein.
ARTISTIC INTERPRETATION. Dragons reserves the right to allow its artists ‘artistic license’. The artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non acceptance of products.
Until Dragons has been paid in full for goods, property in such goods shall remain Dragons’, although risk passes to the purchaser at time of delivery.
The Customer acknowledges that his/her order is not placed with Dragons and that he/she has not entered into any contract with Dragons in reliance on any representation made by Dragons or on its behalf save only such representation (if any) as has been notified in writing to Dragons as being a representation on which reliance is placed. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Dragons catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein, and none of these shall form part of the contract. Dragons reserve the right where necessary to supply items of similar quality but differing design and appearance to that shown in the brochure.
All goods are held at our warehouse at the owners own risk. Two weeks free storage from date of advice of completion of order is included in the purchase price – thereafter, storage may be charged at Dragons discretion.
Dragons’ liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties, conditions or obligations expressed or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. Dragons’ liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to Dragons for the Products hereunder. The above restrictions are necessary to enable the Products to be sold at the prices specified in this agreement.
The customer shall indemnify Dragons against all claims for personal injury, loss or damage to property brought against Dragons by third parties in respect of the Products unless such injury, loss or damage is solely attributable to the negligence of Dragons, its employees or agents.
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than that for reconstruction or amalgamation) or if a receiver or such company’s undertaking property or assets thereof is appointed, then Dragons shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
Dragons will make every effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any case whatsoever beyond the reasonable control of Dragons and in particular but without prejudice to the generality of the foregoing: Act of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or prohibition, or any other Governmental act of omission whether local or national, fire, accident, earthquake, storm, flood, epidemic, drought or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortages of labour, then Dragons reserves the right to modify the terms of or cancel such contract without consequent liability for loss or damage so caused.
All Dragons products carry a product guarantee of 7 years from the date of purchase with the exception of claims that arise out of damage caused by the Customer. Claims need to be substantiated by photographic evidence. Dragons will use reasonable efforts to fix any item that has been damaged as a result of a design defect and/or replace the item in question
VAT is charged and collected at the point of sale, at the UK rate of 20%, for goods being delivered to a UK address or another EC Member State. Where goods are for Export to a non EC Member State, if Dragons is organising the Exportation and can thus be guaranteed proof of Export then the goods can be sold ex vat. If the client is shipping their own goods then Dragons will refund the VAT on production of a valid VAT form. These are available at the sales desk for completion by the Customer at the time of sale. Exceptions to the above are EU/EEC clients who produce a valid VAT Registration Number.
Dragons shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Dragons shall copy at the request of the Customer a work, the copyright of which belongs to the Customer or any other party). In any case where the Customer shall request Dragons to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Dragons against all losses and liabilities incurred by Dragons pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction. Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions. The Dragons website and its content are copyright of Dragons of Walton Street Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than by downloading to a local hard disk extracts for your personal and non commercial use only. Distribution or commercial exploitation is not permitted without Dragons consent.
GOVERNING LAW AND JURISDICTION
The contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.